DONATED FOOD LIMITED LIABILITY ACT
                  Act of Jul. 10, 1981, P.L. 234, No. 76              Cl. 10
                                  AN ACT

        Providing limited civil and criminal immunity to persons
     donating food to charitable or religious organizations for
     distribution to needy persons and imposing certain powers and
     duties on counties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the "Donated Food
     Limited Liability Act."
     Section 2.  Declaration of policy and legislative findings.
        The General Assembly, in order to promote the general
     welfare, hereby declares as public policy that the
     Commonwealth's abundance of food should be utilized to its
     utmost extent. The General Assembly hereby finds that the
     limited food purchasing power of low income households
     contributes to hunger and malnutrition. In an effort to
     alleviate such hunger and malnutrition and supplement other
     Federal and State food assistance programs, the provisions of
     this act are intended to stimulate the donation of food to
     charitable or religious organizations and thereby assist low
     income households in need.
     Section 3.  Definitions.
        The following words and phrases as used in this act shall
     have the meanings given them in this section unless the context
     clearly indicates otherwise:
        "Charitable organization."  A charitable organization as
     defined in section 2 of the act of August 9, 1963 (P.L.628,
     No.337), known as the "Solicitation of Charitable Funds Act" and
     which has a current approved registration statement on file with
     the Department of State pursuant to the "Solicitation of
     Charitable Funds Act."
        "Food."  Any fowl, animal, vegetable or other stuff, product
     or article which is customary food or which is proper food for
     human beings. The term shall include wildlife or portions
     thereof. "Food" shall specifically exclude canned goods that are
     rusted, leaking or swollen, or canned goods that are defective
     or cannot, for health reasons, otherwise be offered for sale to
     members of the general public.
        "Wildlife."  As defined in 34 Pa.C.S. § 102 (relating to
     definitions) and taken by lawful hunting in accordance with 34
     Pa.C.S. (relating to game) and 58 Pa. Code (relating to
     recreation).
        (3 amended Oct. 30, 1996, P.L.719, No.129)
     Section 4.  Donor immunity.
        (a)  General rule.--Notwithstanding any other provision of
     law, any person who, in good faith, donates food to a charitable
     or religious organization for ultimate free distribution to
     needy individuals, shall not be subject to criminal or civil
     liability arising from the condition of such food, if the donor
     reasonably inspects the food at the time of donation and finds
     the food fit for human consumption. The immunity provided by
     this subsection shall not extend to donors where damages result
     from the negligence, recklessness or intentional misconduct of
     the donor, or if the donor has, or should have had, actual or
     constructive knowledge that the food is tainted, contaminated or
     harmful to the health or well-being of the ultimate recipient.
        (b)  Condition of food.--The immunity provided by this
     section is applicable to the good faith donation of food not
     readily marketable due to considerations not effecting its
     fitness for human consumption including but not limited to
     appearance, freshness, grade or surplus, but shall not be deemed
     or construed to restrict the authority of any authorized agency
     to otherwise regulate or ban the use of such food for human
     consumption.
     Section 5.  Charitable or religious organization immunity.
        (a)  General rule.--Notwithstanding any other provision of
     law, except as provided in subsection (b), any bona fide
     charitable or religious organization which receives, in good
     faith, donated food for ultimate distribution to needy
     individuals, either for free or for a nominal fee, shall not be
     subject to criminal or civil liability arising from the
     condition of such food, if the charitable or religious
     organization does all of the following:
            (1)  Reasonably inspects the food, at the time of
        donation and at the time of distribution, and finds the food
        fit for human consumption.
            (2)  In the case of wildlife, reasonably processes,
        prepares and distributes the food.
        (b)  Exception.--The immunity provided by this section shall
     not extend to charitable or religious organizations where
     damages result from the negligence, recklessness, or intentional
     misconduct of the charitable or religious organization, or if
     the charitable or religious organization has or should have had
     actual or constructive knowledge that the food is tainted,
     contaminated, or harmful to the health or well-being of the
     ultimate recipient.
        (5 amended Oct. 30, 1996, P.L.719, No.129)
     Section 5.1.  Wildlife donated as food.
        (a)  Authorization.--Wildlife may be donated to and
     processed, prepared and distributed by a charitable organization
     which serves or distributes food without cost to needy
     individuals.
        (b)  Information.--The Department of Agriculture shall enter
     into a memorandum of understanding with a recognized not-for-
     profit organization registered with the Bureau of Charitable
     Organizations, under which the organization will serve as
     program coordinator to make available information, including
     cooperating processors and charitable and religious
     organizations which will accept donations of wildlife.
     Processors and charitable and religious organizations may notify
     the program coordinator of their intention to participate in
     distribution of wildlife. The coordinator shall include them in
     its lists unless good cause otherwise exists.
        (5.1 added Oct. 30, 1996, P.L.719, No. 129)
     Section 6.  Penalty for sale of donated food.
        Any person or any employee of or volunteer for a charitable
     or religious organization who sells, or offers to sell, for
     profit, food that such person knows to be donated pursuant to
     this act commits a misdemeanor of the third degree. The
     assessment of a nominal fee by the charitable or religious
     organization shall not be considered a sale.
     Section 7.  Inspection of food.
        Charitable or religious organizations which regularly accept
     donated food for distribution pursuant to this act shall request
     the appropriate local health authorities to inspect the food at
     regular intervals.
     Section 8.  County information and referral system.
        The governing body of each county may develop an
     informational and referral system to make prospective donors and
     charitable or religious organizations aware of each other and to
     make needy individuals aware of the existence of food donated in
     each county pursuant to this act. Under the provisions of this
     act the county shall be immune from all criminal and civil
     liability, unless damages result from the gross negligence,
     recklessness or intentional misconduct of the county or if the
     county has, or should have had, actual or constructive knowledge
     that the food is tainted, contaminated or harmful to the health
     or well-being of the ultimate recipient.
     Section 9.  Effective date.
        This act shall take effect in 60 days.