The National Gleaning Project

State Laws and Regulations

ALA. CODE § 20-1-6 (1981).

Title: Nonliability of good faith donors and distributors of canned or perishable food. This law protects a food donor who donates canned or perishable food to a charitable or nonprofit organization, and the charitable or nonprofit organization which distributes such food without charge, from “criminal or civil liability arising from an injury or death due to the condition of such food,” except in cases of gross negligence, recklessness or intentional misconduct.
Region: Southeast
State: Alabama
ALA. CODE § 6-5-343 (2004).

Title: Liability for farmer allowing nonprofit entity onto property. This law provides “any farmer, as an owner, lessee, occupant, or person otherwise in control of land,” who allows a nonprofit entity to enter the land for the purposes of removing any crops that remain in the fields after harvest. The land owner owes the nonprofit entity the same duty of care as described in ALA. CODE §6-5-345, to act with reasonable care and without causing willful or intentional injury.
Region: Southeast
State: Alabama
ALASKA STAT. § 17.20.345 (2004).

Title: Liability of food donor. This law protects a food donor who donates food “for free distribution by a food bank” from “civil or criminal liability arising from an injury or death attributable to the condition of the donated food,” except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Western
State: Alaska
ALASKA STAT. § 17.20.346 (2004).

Title: Liability of food bank. This law protects a food bank or nonprofit organization “that receives and distributes food” from “civil or criminal liability arising from an injury or death attributable to the condition of the food,” if the food bank inspects the food in a reasonable manner, had “no actual or constructive knowledge at the time the food is distributed” that would make the food unfit for human consumption, and “the injury or death is not a direct result of the negligence, recklessness, or intentional misconduct of the food bank.”
Region: Western
State: Alaska
ARIZ. REV. STAT. § 36-916 (1991).

Title: Donation of food items; exemption from civil liability; definitions. This law protects a person who donates or harvests “an apparently wholesome food item or an apparently fit nonfood grocery product” to a charitable or nonprofit organization, and the charitable or nonprofit organization which distributes such food without charge, from civil liability for any injury or death due to the condition of such products, except in cases of intentional misconduct or gross negligence. Further, the law protects a property owner or manager who allows gleaning of food by a person or a charitable or nonprofit organization from civil liability for any injury or death of the person collecting food for donation, except in cases of intentional misconduct or gross negligence.
Region: Western
State: Arizona
ARK. CODE ANN. § 18-60-107 (1989).

Title: Gathering produce-liability. This law protects an owner, tenant, or lessee who allows gleaning of “agricultural or farm products” on their land from liability for any person who is injured on the land while gleaning, except in cases of gross negligence or willful and wanton misconduct.
Region: Southwest
State: Arkansas
ARK. CODE ANN. § 20-57-103 (1981).

Title: Canned or perishable food. This law protects a food donor who donates canned or perishable food to a charitable or nonprofit organization for “free distribution or distribution at a nominal cost” from “criminal or civil liability arising from an injury or death due to the condition of the food,” except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Western
State: Arkansas
CAL. CIV. CODE § 846.2 (1988).

Title: Invitees on land to glean food for charitable purposes; limited immunity. This law protects an owner, tenant, or lessee who allows gleaning of “agricultural or farm products for charitable purposes” from liability for any person who is injured on the land while gleaning, except in cases of gross negligence or willful and wanton misconduct. Further, the immunity “does not apply if the owner, tenant, or lessee received any consideration for permitting the gleaning activity.”
Region: Western
State: California
CAL. FOOD & AGRIC. CODE § 49001 (2015).

Title: Creation of Office. This law establishes the Office of Farm to Fork to work with organizations “involved in promoting food access to increase the amount of agricultural products available to underserved communities and schools in this state,” including the agricultural industry, nonprofits, academic institutions, and local, state, and federal government agencies. The Office, in part, will provide assistance for collaboration among farmers, food banks, agencies, and nonprofits in the “gleaning, collection, and distribution of agricultural products for the purposes of reducing hunger and increasing access to healthy foods.”
Region: Western
State: California
CAL. FOOD & AGRIC. CODE § 58503 (1977).

Title: Surplus food collection and distribution centers. This law allows the board of supervisors of any county to establish a surplus food collection and distribution system and a 24-hour information and food collection center. The center would provide information to connect where agricultural products are available and what organizations need such donated agricultural products and for “collecting, receiving, handling, storing, and distributing donated agricultural products.”
Region: Western
State: California
CAL. FOOD & AGRIC. CODE § 58505 (1977).

Title: Liability for injuries; counties or donors. This law protects any county, county agency, or person who donates any agricultural product from liability for any injury in connection with such donated product, except in cases of gross negligence or willful act.
Region: Western
State: California
Cal. Food & Agric. Code § 58505-6 (1977)

Title: Donations of Food. This law protects anyone who engages in selling, distributing or processing agriculture products and donates those products free of charge from liability from injuries resulting from the donated product except where the injury results from gross negligence or a willful act. This law does not protect non-profit charitable organizations from liability for injury.
Region: Western
State: California
CAL. HEALTH & SAFETY CODE § 114376 (2015).

Title: Community food produces or gleaners; authority to directly sell or provide whole uncut fruits or vegetables or unrefrigerated shell eggs; requirements; registration. This law authorizes a community food producer or a gleaner to “sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public, to a permitted restaurant, or a cottage food operation,” if the community food producer meets all of the specified requirements within the statute and any additional requirements adopted by a local jurisdiction.
Region: Western
State: California
CAL. HEALTH & SAFETY CODE § 114376.5 (2015).

Title: Operations inspections of community food producers or gleaners in response to a food safety recall or food safety complaint; costs; cease and desist orders; penalties for violations of Section 114376. This law authorizes an enforcement officer to inspect the operations of a community food producer or gleaner in response to a food safety recall or complaint and to issue the appropriate order for any violations.
Region: Western
State: California
CAL. REV. & TAX. CODE § 17053.12 (1996).

Title: Donated agricultural products; credits for transportation costs. This law allows a tax credit for a taxpayer who transports any donated agricultural product in accordance with the Food and Agricultural Code, of an “amount equal to 50 percent of the transportation costs paid or incurred by the taxpayer in connection with the transportation of that donated agricultural product.”
Region: Western
State: California
CAL. REV. & TAX. CODE § 17053.88 (2011).

Title: Qualified taxpayers donating fresh fruits or vegetables to food bank; credit against net tax; amount; deduction reduced; certification; carryover; report to Legislature. This law allows a tax credit for a taxpayer who donates fresh fruits or vegetables to a food bank located in California of “an amount equal to 10 percent of the cost that would otherwise be included in inventory costs” under the appropriate sections of the Internal Revenue Code. The tax credit is set to expire on January 1, 2017.
Region: Western
State: California
CAL. REV. & TAX. CODE § 23608 (2000).

Title: Donated agricultural products; credits for transportation costs. This law allows a tax credit for a taxpayer who transports any donated agricultural product in accordance with the Food and Agricultural Code of an “amount equal to 50 percent of the transportation costs paid or incurred by the taxpayer in connection with the transportation of that donated agricultural product.” The law also provides additional provisions in regards to the above tax credit.
Region: Western
State: California
CAL. REV. & TAX. CODE § 23688 (2011).

Title: Qualified taxpayers donating fresh fruits or vegetables to food bank; credit against net tax; amount; deduction reduced; certification; carryover. This law allows a tax credit for a taxpayer who donates fresh fruits or vegetables to a food bank located in California of “an amount equal to 10 percent of the cost that would otherwise be included in inventory costs” under the appropriate sections of the Internal Revenue Code. The tax credit is set to expire on January 1, 2017. The law also provides additional provisions in regards to the above tax credit.
Region: Western
State: California
COLO. REV. STAT. § 13-21-113 (2012).

Title: Donation of Items of food—exemption from civil and criminal liability. This law protects farmers, retail food establishments, processors, distributors, wholesalers, and retailers of food who donate food items to a nonprofit organization, and the nonprofit organization which transfers or distributes such food without charge, from civil or criminal liability for damages “resulting from the nature, age, condition, or packaging of such donated foods,” except in cases of willful, wanton, or reckless acts of donors” or if the “nonprofit organization acted unreasonably.” Further, the law prohibits any nonprofit organization from selling or offering to sell such donated food items. Nothing in this law relieves any nonprofit organization that distributes food to the needy from liability.
Region: Mountain
State: Colorado
House Bill 14-1119: Tax Credit for Donating Food to Charitable Organizations

Beginning on Jan. 1, 2015, this law allows any "taxpayer who makes a food contribution during the tax year to a hunger relief charitable organization and receives a credit certificate...a credit against...income taxes...equal to either twenty-five percent, not to exceed $5,000 of the wholesale market price...or recent sale price of the food contribution."
Region: Mountain
State: Colorado
CONN. GEN. STAT. § 52-557l (2012).

Title: Immunity from liability of persons who donate food and of nonprofit organizations or corporations that distribute donated food. This law protects “any person, including but not limited to a seller, farmer, processor, distributor, wholesaler, or retailer of food” who donates food items to a nonprofit organization, and any nonprofit organization which collects or distributes such food without charge or for a nominal fee, from civil or criminal liability for damages “resulting from the nature, age, condition, or packaging of the food,” except in cases that the donor or nonprofit organization “knew or had reasonable grounds to believe that the food was (1) adulterated…, or (2) not fit for human consumption.”
Region: Northeast
State: Connecticut
Conn. Gen. Stat. §52-557k (2014)

Title: Liability of landowner who allows persons to harvest firewood, fruits, or vegetables. Any landowner who invites or permits a person to enter their land to harvest fruit or vegetables, without charge, on behalf of a nonprofit organization for use by or distribution to a nonprofit organization is not liable for damages as a result of injury to that person while harvesting unless the injury is caused by the owner’s failure to warn of a “dangerous hidden hazard known to the owner.”
Region: Northeast
State: Connecticut
DEL. CODE tit. 16 § 6820 (1982).

Title: Food donors exempt from liability. This law protects “a person, including a farmer, processor, distributor, wholesaler, or retailer of food” who donates food items to a nonprofit organization from civil or criminal liability “resulting from the nature, age, condition or packaging of the donated food.” Further, this law does not limit any liability of the nonprofit organizations that accept the donated food items and the nonprofit organizations can request that the Division of Public Health inspect donated food items.
Region: Mid-Atlantic
State: Delaware
62 D.C. REG. 1504 (MARCH 4, 2015).

Title: D.C. Urban Farming and Food Security Act of 2014. This law amends the Food Production and Urban Gardens Program Act of 1986 in regards to updating the law to urban farming. This law, in part, provide a tax credit for individual tax payers, corporations, and unincorporated businesses that donate food grown from urban farming or community gardens.
Region: Mid-Atlantic
State: District of Columbia
D.C. CODE § 48-301 (2002).

Title: Immunity from liability. This law protects a food donor who donates to a charitable or not-for-profit organization, and the charitable or not-for-profit organization which receives and distributes such food without charge or at a nominal charge, from “criminal or civil liability arising from an injury or death due to the condition of such food,” except in cases of gross negligence or intentional misconduct.
Region: Mid-Atlantic
State: District of Columbia
FLA. STAT. § 595.420 (2014).

Title: Food recovery; legislative intent; department functions. This law establishes that the Department of Agriculture and Consumer Services help to coordinate the establishment of food recovery programs. The law, in part, specifies that the Department may provide direct and indirect support to food recovery programs by “loaning equipment, facilities, and staff resources for the collection, packaging, storage, and transportation of donated food, as needed.”
Region: Southeast
State: Florida
FLA. STAT. § 768.136 (2014).

Title: Liability for canned or perishable food distributed free of charge. This law protects a food donor or gleaner who donates any canned or perishable food to a charitable or nonprofit organization, and the charitable or non-profit organization which accepts, collects, transports, or distributes such food without charge, from criminal or civil liability arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Southeast
State: Florida
FLA. STAT. § 768.137 (1997).

Title: Definition; limitation of civil liability for certain farmers; exception. This law protects any farmer who allows persons to enter the land for the purpose of removing any crops that remain in the fields after harvest from civil liability “arising out of any injury or death resulting from the nature or condition of such land or the nature, age, or condition of any such farm produce or crop,” except in cases of gross negligence, intentional act, or nondisclosure of known dangerous conditions.
Region: Southeast
State: Florida
GA. CODE ANN. § 51-1-31 (1990).

Title: Legal immunity for donated food. This law protects a food donor or gleaner who donates any canned or perishable food to a charitable or nonprofit organization, and the charitable or non-profit organization which accepts for use or distribution of such food, from criminal or civil liability arising from the condition of the food, except in cases of recklessness or intentional misconduct.
Region: Southeast
State: Georgia
HAW. REV. STAT. § 145D-2 (1982).

Title: Exceptions to liability. This law protects any food donor who donates to a charitable, religious, or nonprofit organization, and the charitable, religious, or non-profit organization which receives and distributes such food at no charge, from criminal or civil liability for any injuries or illnesses resulting from the condition of the donated food, except in cases of gross negligence or wanton acts or omissions.
Region: Western
State: Hawaii
Haw. Rev. Stat. Ann. § 520-4 (1997) and Haw. Rev. Stat. Ann. § 520-5 (1969)

Title: Liability of Landowner Limited and Exceptions to Liability. Landowner incurs no liability to invitees who use the land for recreational purposes without charge for injuries received unless the landowner willfully or maliciously failed to warn or guard against a danger the landowner pursued or created. https://d.docs.live.net/3145ace91c1d8aee/Documents/Food and Agriculture Law Clinic/Haw. Rev. Stat. Ann. § 520-4 http://codes.lp.findlaw.com/histatutes/3/28/520/520-5
Region: Western
State: Hawaii
IDAHO CODE ANN. § 6-1302 (1980).

Title: Donors and gleaners exempt from liability. This law protects any food donor or gleaner who donates any perishable or nonperishable food to a charitable or nonprofit organization for free distribution from criminal or civil liability arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct. Further, this law does not limit any liability of the charitable or nonprofit organization that accepts perishable food items and “does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.”
Region: Western
State: Idaho
745 ILL. COMP. STAT. 50/3 (2001).

Title: Donors and gleaners exempt from liability. This law protects farmers, wild game donors, food producers, processors, distributors, wholesalers, retailers, gleaner of foods, not for profit corporations, charitable organizations, or any other persons who donate “perishable canned or farm food items, prepared food, day old bread, or wild game” to a not for profit corporation or charitable organization which receives and distributes such food free of charge from civil liability for any illness or disease resulting from the condition of the food unless the injury resulted from the willful, wanton, or reckless acts of the donor. If the donor had “actual or constructive knowledge that the food was tainted, contaminated, or harmful to the health or well-being of the recipient of such donated food,” they are not immune from liability.
Region: Midwest
State: Illinois
745 Ill. Comp. Stat. Ann. 50/4 (2004)

Title: Immunity for charitable or non-profit organizations which receive and distribute donated foods; scope. This law protects nonprofit organizations that receive and distribute food without charge from liability from damages the food causes to the ultimate food recipient. The protection from liability exists unless the damage resulted from the willful, wanton, or reckless act of the nonprofit organization. In addition, if the nonprofit had “actual or constructive knowledge that the food was tainted, contaminated, or harmful to the health or well-being of the recipient of such donated food,” they are not immune from liability.
Region: Midwest
State: Illinois
745 Ill. Comp. Stat. Ann. 65/3 and 745 Ill. Comp. Stat. Ann. 65/6 (2001)

Title: Recreation Use of Land and Water Areas Act. These laws protect a landowner from liability from any person who uses the land for recreation or conservation purposes without charge unless the landowner willfully or wantonly failed to warn or guard “against a dangerous condition, use, structure, or activity.” Recreational activity means “entry by the general public onto the land of another for any activity undertaken for conservation, resource management, educational, or outdoor recreational use,” and could include gleaning.
Region: Midwest
State: Illinois
IND. CODE § 34-30-3-1 (1998).

Title: Agriculture: immunity from civil liability for allowing the gleaning of agricultural products. This law protects an operator who allows persons to enter the land for the purpose of gleaning agricultural products, without compensation, from civil liability for any injury incurred by the person collecting the food while on the land, except in cases of gross negligence or willful or wanton misconduct.
Region: Midwest
State: Indiana
IND. CODE § 34-30-5-1 (2013).

Title: Immunity from liability for person who makes gift; exceptions. This law protects a person who makes a gift of a food item, an agricultural product, or livestock to a charitable entity from civil liability “arising from the use, condition, quality, or content” of that gift, except in cases of intentional, knowingly, or reckless misconduct.
Region: Midwest
State: Indiana
IOWA CODE § 190B (2013).

Title: From farm to food donation tax credit. This law establishes a farm to food donation tax credit for eligible taxpayers who (1) produce the donated food commodity; (2) transfer, without remuneration, the donated food commodity to an Iowa food bank or emergency feeding organization; (3) donate a food commodity that meets the requirements for donated foods; and (4) provide appropriate documentation supporting the tax credit claim. The law also specifies how to file the tax credit claim and limitations on such claims.
Region: Mountain
State: Iowa
IOWA CODE § 672.1 (2008).

Title: Donations of perishable food--donor liability—penalty. This law protects gleaners, restaurants, food establishments, food service establishments, schools, manufacturer of foodstuffs, meat or poultry establishments, or other persons who donate food to a charitable or nonprofit organization or government agency for free distribution from criminal or civil liability arising from the condition of the food, except in cases of negligence, recklessness, intentional misconduct, or actual or constructive knowledge that the food is not fit for human consumption.
Region: Mountain
State: Iowa
KAN. STAT. ANN.§ 65-687 (1996).

Title: Limitation on liability of donor for donated food. This law protects a food donor who donates canned or perishable food to a charitable or not for profit organization, and the charitable or not for profit organization which receives and distributes such food without charge, from “criminal or civil liability arising from an injury or death due to the condition of such food,” except in cases of willful, wanton, malicious or intentional misconduct.
Region: Mountain
State: Kansas
KY. REV. STAT. § 141.392 (2013).

Title: Tax credit for donated edible agricultural products. This law establishes a tax credit for any donor in the amount equal to ten percent of the value of the donated edible agricultural products. The tax credit is set to expire on January 1, 2018. Further, the law also provides additional provisions in regards to the above tax credit.
Region: Southeast
State: Kentucky
KY. REV. STAT. § 247.982 (2009).

Title: Grant program eligibility and compliance. This law establishes a grant program for nonprofit organizations that: (1) have at least five years experience in coordinating a statewide network of food banks and charitable organizations that serve counties in Kentucky; and (2) coordinate the collection and transportation of surplus agricultural commodities to food banks across the state. The law also stipulates other requirements for those nonprofit organizations that receive a grant.
Region: Southeast
State: Kentucky
KY. REV. STAT. § 413.248 (2006).

Title: Liability of donor for damages resulting from condition of donated food. This law protects a “person, including an individual, corporation, partnership, organization, association, or retail food establishment,” who donates food to a nonprofit organization, and a nonprofit organization that distributes such food without charge, from civil or criminal liability arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Southeast
State: Kentucky
LA. REV. STAT. ANN. § 9:2799 (2014).

Title: Limitation of liability for damages from donated food. This law protects a “food bank and its designated distributor or… any individual, farmer, food service establishment, school, church, civic organization, manufacturer, processor, packer, restaurant, wholesaler, or retailer of food, or vitamins,” who donates perishable, salvageable, or prepared food to a food bank for gleaning or free distribution, from liability arising from the condition of the food or vitamins, except in cases of an intentional act or omission or gross negligence.
Region: Southwest
State: Louisiana
LA. REV. STAT. ANN. § 9:2799.3 (2014).

Title: Limitation of liability of restaurants, schools, churches, civic organizations, and certain food donors for damages from donated food. This law protects a “restaurant, church, civic organization, or school, or... any individual, farmer, manufacturer, processor, packer, wholesaler, or retailer of food” who donates perishable, salvageable, or prepared food for free distribution, from liability arising from the condition of the food, except in cases of an intentional act or omission or negligence.
Region: Southwest
State: Louisiana
LA. REV. STAT. ANN. § 9:2800.4 (1993).

Title: Limitation of liability of owner of farm or forest land; owner of oil, gas, or mineral property. This law protects an owner of farm or forest land who allows a group or individuals to enter the land for the purpose of gleaning, without compensation, from liability for any injury or death in connection with such gleaning while on the land, except in cases of an intentional act or negligence.
Region: Southwest
State: Louisiana
ME. REV. STAT. TIT. 14 § 166 (2009).

Title: Immunity for certain food donations. This law protects a food donor who donates canned or perishable food to a charitable or not-for-profit organization, and a charitable or not-for-profit organization that receives and distributes such food without charge, from “civil liability arising from injury or death due to the condition of the food,” except where the injury is the direct result of gross negligence, recklessness, or intentional misconduct.
Region: Northeast
State: Maine
Me. Rev. Stat. tit. 14, § 159-A (1995)

Title: Limited Liability for Recreational or Harvesting Activities. A landowner, lessee, or occupier, may grant permission to persons to harvest field products free of charge from the property. The landowner, lessee, or occupier who grants permission is not liable for injuries sustained by those harvesting unless the landowner, lessee, or occupier willfully or maliciously failed to warn “against a dangerous condition, use, structure, or activity.”
Region: Northeast
State: Maine
MD. CODE ANN. CTS. & JUD. PROC. § 5-404 (1997).

Title: Farmers and Gleaning. This law protects a farmer who permits a charitable organization to enter the farmer’s property for the purpose of gleaning, without compensation, from civil liability for any injury in connection with such gleaning while on the property unless the injury results from willful or malicious failure to guard or warn against any dangerous condition, use, structure, or activity.
Region: Mid-Atlantic
State: Maryland
MD. CODE ANN. CTS. & JUD. PROC. § 5-634 (1997).

Title: Donated food. This law protects a person who donates, prepares, serves, or dispenses, food to a nonprofit corporation, organization, or association that uses and distributes such food without charge, from civil liability arising from the condition of the food, except in cases of gross negligence or willful and wanton misconduct.
Region: Mid-Atlantic
State: Maryland
MD. CODE ANN. TAX-GEN. § 10-208(G)(1) (2014).

Title: Donated farm products. This law establishes a tax incentive for the donation of farm products to a gleaning cooperative. The law provides that an individual may subtract from his or her federal adjusted gross income, “the wholesale market value, determined as of the date of the donation, of farm products donated by an individual during the taxable year to a gleaning cooperative; [which] exceeds...the amount attributable to the donated farm products that the individual claims as a deduction for a charitable contribution under § 170 of the Internal Revenue Code.” The law also provides additional requirements with regard to the above tax incentive.
Region: Mid-Atlantic
State: Maryland
MASS. GEN. LAWS CH. 94 § 328 (1988).

Title: Food donations; distribution, service and preparation; civil liability. This law protects a person who donates food to a nonprofit corporation, and a nonprofit corporation that distributes and serves donated food without charge or “at a charge sufficient only to cover the cost of handling such food,” from civil liability for any injury arising out of the condition of such food. However, the law does not grant protection from liability in cases of gross negligence, recklessness, intentional misconduct; or if at the time of donation such food has been misbranded, adulterated, or in violation of applicable regulations. There is no liability for donated food which is beyond the recommended the ‘sell by’ date.
Region: Northeast
State: Massachusetts
MICH. COMP. LAWS § 324.73301 (2007).

Title: Liability of landowners for injuries to guests; gross negligence; willful and wanton misconduct; cause of action; definitions. This law protects an owner, tenant, or lessee of land who allows persons to enter the land for the purpose of gleaning agricultural or farm products from liability for any injury in connection with such gleaning while on the land, except in cases of gross negligence or willful or wanton misconduct.
Region: Midwest
State: Michigan
MICH. COMP. LAWS § 691.1572 (1993).

Title: Good faith donation; immunity; exceptions. This law protects “an individual, farmer, food producer, processor, distributor, wholesaler, retailer, gleaner, or other person” who donates prepared, perishable canned or farm food items to a nonprofit corporation or charitable organizations that distributes donated food without charge from civil liability for any illness or disease arising out of the condition of such food, except in cases of willful, wanton, reckless acts, actual or constructive knowledge that the food was harmful to human health, or in violation of other provisions specified in the law.
Region: Midwest
State: Michigan
MICH. COMP. LAWS § 691.1573 (1993).

Title: Nonprofit corporations or charitable organizations; distribution of donated food; immunity, exceptions. This law protects nonprofit corporations or charitable organizations that receive food for free or “nominal cost distribution” from civil liability for any illness or disease arising out of the condition of such food, except in cases of willful, wanton, reckless acts, or in violation of other provisions specified in the law.
Region: Midwest
State: Michigan
MINN. STAT. § 241.241 (2012).

Title: Prison gardening program. This law establishes a gardening program for inmates at each correctional facility where applicable. The law, in part, provides for the commissioner to “donate any portion of the harvest that cannot be used to feed inmates to food shelves and charities located near the correctional facility where the produce was grown.”
Region: Midwest
State: Minnesota
MINN. STAT. § 604A.10 (1998).

Title: Liability of food donors. This law protects a food manufacturer, distributor, processor, or a person who donates food to “the state, a political subdivision, an institution or facility operated by the state or a political subdivision,” or nonprofit charitable organization, and a food bank or nonprofit charitable organization that collects, receives, and distributes such donated food at no charge, from liability for any injury arising out of the condition of such food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Midwest
State: Minnesota
MISS. CODE ANN. § 95-7-3 (1983).

Title: Charitable or nonprofit recipient, donor. This law protects any person who donates food to a charitable or nonprofit organization from civil liability for any injury or death arising out of the condition of such food, except in cases of gross negligence, recklessness, intentional misconduct.
Region: Southeast
State: Mississippi
MISS. CODE ANN. § 95-7-5 (1983)

Title: Charitable or Nonprofit organizations not liable as a result of distribution of donated food. Charitable or nonprofit organizations that receive and distribute donated food are not liable for injury or death resulting from the condition of the food.
Region: Southeast
State: Mississippi
MISS. CODE ANN. § 95-7-5 (1983).

Title: Charitable or nonprofit organization, distribution. This law protects a charitable or nonprofit organization that receives and distributes donated food, without charge, from civil liability for any injury or death arising out of the condition of such food.
Region: Southeast
State: Mississippi
MISS. CODE ANN. § 95-7-9 (1983).

Title: Required label. This law requires any charitable or nonprofit organization that distributes donated food to affix a label upon such food or where such foods are served, “stating that the food is not for resale and stating that pursuant to state law this organization shall not be liable in any civil action based on strict liability in tort for any injury or death because of the condition of such food.”
Region: Southeast
State: Mississippi
MO. REV. STAT. § 192.081 (2006).

Title: Donation of canned or perishable food--definitions--procedure--immunity from liability, when--department to provide information. This law protects a food donor who donates any canned or perishable food to a charitable or nonprofit organization, and a charitable or nonprofit organization that accepts, collects, transports, receives, or distributes such donated food for free distribution, from criminal or civil liability for any injury arising out of the condition of the food, except in cases of gross negligence, recklessness, intentional misconduct.
Region: Mountain
State: Missouri
MO. REV. STAT. § 537.115 (2004).

Title: Food donation or distribution, limited liability, when. This law protects a food donor who donates any canned or perishable food or frozen and packaged venison to a charitable or nonprofit organization, and a charitable or nonprofit organization that accepts, collects, transports, receives, or distributes such donated food for free distribution, from criminal or civil liability for any injury arising out of the condition of the food, except in cases of gross negligence, recklessness, intentional misconduct. The law also provides that a food donor or charitable or nonprofit organization must comply with certain provisions regarding donated, frozen and packaged venison.
Region: Mountain
State: Missouri
MONT. CODE ANN. § 27-1-716 (1981).

Title: Immunity of persons donating food for free distribution. This law protects a food donor or gleaner who donates any canned or perishable food to a charitable or nonprofit organization for free distribution, from criminal or civil liability for any injury arising from the condition of the food, except in cases of gross negligence or intentional misconduct. The law also specifies that if the “ultimate distributor” charges any fee for such food, the donor or gleaner remains immune.
Region: Mountain
State: Montana
NEB. REV. STAT. § 25-21,189 (1989).

Title: Food; donations; limitations on liability. This law protects any person who donates any prepared or perishable food or raw agricultural products to a charitable or nonprofit organization, and a charitable or nonprofit organization that receives and distributes such food without charge, from civil liability for any injury or death arising from the condition of such food, except where the injury directly results from in cases of gross negligence, recklessness, or intentional misconduct of the donor. A charitable or nonprofit organization that receives and distributes such food without charge is relieved from civil liability based on the theory of strict liability unless the injury directly results from gross negligence, recklessness, or intentional misconduct of the organization.
Region: Mountain
State: Nebraska
NEV. REV. STAT. § 41.491 (2009).

Title: Limitations on liability. This law protects any person who donates or harvests food or grocery product to a nonprofit charitable organization, and a nonprofit charitable organization that receives or distributes such food without charge, from civil liability for any injury or illness resulting from the consumption or use of such food, except in cases of gross negligence or willful misconduct. If the donated food does not comply with state or federal regulations, neither the donor nor the receiving nonprofit charitable organization is civilly liable so long as the donor has informed the nonprofit charitable organization of the condition and the organization reconditions the food to meet those federal and state standards. Further, this law protects an owner or manager of property who “allows a person to glean food from that property in order to distribute… or donate the food… without charge” from civil liability for any injury or death resulting from that gleaning, except in cases of gross negligence or willful misconduct.
Region: Western
State: Nevada
NEV. REV. STAT. § 41.510 (2007).

Title: Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists. This law provides that an owner, lessee, or occupant of any premises “owes no duty to keep the premises safe for entry or use by others for participating in any recreational activity [including gleaning], or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.”
Region: Western
State: Nevada
N.H. Rev. Stat. Ann. § 508:14 (2006)

Title: Landowner of liability limited. An owner, occupant, or lessee of land who permits any person without charge to use land for recreational purposes or as a spectator of recreational activity, is not liable for personal injury or property damage unless the owner intentionally caused the injury. Further, a landowner who permits persons to gather produce under a “pick-your-own” arrangement is not liable for injury unless they acted with willful, wanton, or reckless misconduct. There are no state definitions for “recreational purpose,” “recreational activity,” or “pick-your-own,” and the term might encompass gleaning.
Region: Northeast
State: New Hampshire
N.H. REV. STAT. ANN. § 508:15 (1995).

Title: Donors and Distributors of Food. This law protects a food donor who donates to a charitable or non-profit organization, and a charitable or non-profit organization that receives and distributes such donated food without charge or “at a charge sufficient only to cover the cost of handling and administering such food,” from criminal or civil liability for any injury arising out of the condition of the food. However, the law does not grant protection from liability in cases of gross negligence, recklessness, intentional misconduct; or if at the time of donation, distribution, or serving such food it has been misbranded, adulterated, or in violation of applicable regulations.
Region: Northeast
State: New Hampshire
N.J. REG. 371375 (September 15, 2014).

Title: State Food Purchase Program – Gleaning Support. This public notice, released by the New Jersey Department of Agriculture, establishes the Gleaning Support Program to support gleaning activities under the grant program. Further, this notice provides that interested eligible nonprofit entities that are gleaning from New Jersey farms and distributing such food to organizations feeding the hungry in New Jersey can request funds from the NJDA.
Region: Mid-Atlantic
State: New Jersey
N.J. STAT. ANN. § 24:4A-3 (1983).

Title: Nonliability for food donated to nonprofit organization. This law protects any donor or gleaner who donates prepared, perishable, or agricultural food to a nonprofit organization, and a food bank or nonprofit organization that receives and distributes such donated food, from criminal or civil liability for any injury or death due to the condition of the food, except in cases of gross negligence, recklessness, or knowing misconduct. This law also protects an owner of agricultural food who allows gleaners to enter the land for the “purpose of harvesting donated agricultural food for distribution” from criminal or civil liability for any injury in connection with such gleaning while on the land or from consumption of the gleaned or donated food.
Region: Mid-Atlantic
State: New Jersey
N.M. STAT. ANN. § 41-10-3 (1989).

Title: Food donors liability protection; purpose; donors or distributors of canned or perishable food; limit on liability for injury. This law protects any person or gleaner who donates any perishable or canned food to a charitable or nonprofit organization or municipality from criminal or civil liability for any injury arising from the condition of the food, except for cases of gross negligence, recklessness, or intentional conduct. This law also protects the charitable or nonprofit organization that receives and distributes food from criminal or civil liability for any injury arising from the condition of the food, except for cases of gross negligence, recklessness, or intentional conduct.
Region: Southwest
State: New Mexico
N.Y. AGRIC. & MKTS. LAW § 71-Z (2010).

Title: Liability for canned, perishable food or farm products distributed free of charge. This law protects a donor who donates any canned or perishable food, farm product, game or wild game to a charitable or nonprofit organization for free distribution from criminal or civil liability arising from the condition of the food, except in cases that the donor has “actual or constructive knowledge that the food is adulterated, tainted, contaminated or harmful to the health or well-being of the person consuming said food.” Further, this law requires a not-for-profit charitable organization to “provide liability insurance to persons engaged in gleaning activities organized or sponsored by such charitable organization.”
Region: Northeast
State: New York
N.Y. GEN. OBLIG. LAW § 9-103 (1984).

Title: No duty to keep premises safe for certain uses; responsibility for acts of such users. This law provides that an owner, lessee, or occupant of premises, “owes no duty to keep the premises safe for entry or use by others for hunting, fishing, organized gleaning… or to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes.” Further, this law provides additional provisions for an owner, lessee, or occupant of premises who allows such activities on the premises, including protection from liability “for any injury to person or property caused by any act of persons to whom the permission is granted," unless the injury resulted from an act of gross negligence or a “willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity.”
Region: Northeast
State: New York
N.C. GEN. STAT. § 106-706 (1992).

Title: Exemption from civil liability for farmers permitting gleaning. This law provides that any farmer who allows without compensation another person to enter the land for the purpose of removing any crops that remain in the fields after harvest to owe “that person the same duty of care the farmer owes a trespasser.” North Carolina courts interpret the law to impose a duty on a landowner to act without willfully or wantonly causing injury.
Region: Southeast
State: North Carolina
N.C. GEN. STAT. § 99B-10 (1996).

Title: Immunity for donated food. This law protects “any person, including but not limited to a seller, farmer, processor, distributor, wholesaler, or retailer of food,” who donates an item of food to a nonprofit organization or nonprofit corporation, and a nonprofit organization or nonprofit corporation that uses or distributes such donated food, from criminal or civil liability for injuries resulting from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Southeast
State: North Carolina
N.D. CENT. CODE § 19-05.1-03 (1983).

Title: Charitable or nonprofit organization liability for injury. This law protects a charitable or nonprofit organization that receives or distributes food at no charge from criminal or civil liability for injuries resulting from the condition of the food, except in cases of gross negligence or willful conduct.
Region: Mountain
State: North Dakota
N.D. CENT. CODE § 19-05.1-02 (1983).

Title: Donor or gleaner liability for injury. This law protects a donor or gleaner who donates any perishable food to a charitable or nonprofit organization for free distribution from criminal or civil liability for injuries arising from the condition of the food, except in cases of negligence or willful conduct.
Region: Mountain
State: North Dakota
N.D. CENT. CODE § 50-06-35 (2009).

Title: Department of human services food assistance contracts. This law provides that the North Dakota Department of Human Services can “contract with a statewide charitable food recovery and distribution organization to develop and implement new methods of delivering charitable food assistance services in underserved counties.” The law includes additional provisions that the Department can implement in regards to expanding food recovery in the state.
Region: Mountain
State: North Dakota
OHIO REV. CODE ANN. § 2305.35 (2001).

Title: Immunity of donor in tort action for injury to gleaner. This law protects an “owner, lessee, renter, or operator of a farm or other real property” who allows a gleaner to enter such property to “salvage free-of-charge food items remaining on the property” for donation from liability for any injury, death, or loss of property resulting from that gleaning, except in cases of negligence, willful or wanton misconduct, or intentionally tortious conduct as defined by the law.
Region: Midwest
State: Ohio
OHIO REV. CODE ANN. § 2305.37 (2008).

Title: Consumer goods or perishable food; donation to certain nonprofit groups; limited liability. This law protects a person who donates perishable food or consumer goods to an agency, and an agency that distributes such donated food or goods, from liability that allegedly arises because those foods or goods are not fit for human consumption or use, except in cases of gross negligence or willful or wanton misconduct.
Region: Midwest
State: Ohio
OKLA. STAT. tit. 76 § 5.6 (2013).

Title: Food donations--Civil and criminal liability--Options for safe food donation--Regulation of use—Definitions. This law protects any food donor who donates to a charitable organization or non-profit corporation from civil or criminal liability for any injury resulting from the condition of the donated food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Southwest
State: Oklahoma
OR. REV. STAT. § 30.890 (1989).

Title: Food gleaners, donors and distributors. This law protects a gleaner or food donor who donates food to a charitable or nonprofit organization for “distribution without charge or on a scale reflecting ability to pay or only requiring a shared maintenance contribution” as well as the charitable or nonprofit organization from criminal or civil liability for any injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Western
State: Oregon
OR. REV. STAT. § 315.156 (2014).

Title: Crop donation. This law allows a tax credit for qualified donations by a “grower” to food bank or other charitable organization as defined by the law. The law states that the “amount of the credit shall be 10 percent of the value of the quantity of the crop donated computed at the wholesale market price… [or] that the grower would have received had the quantity of the crop donated been sold or salable.”
Region: Western
State: Oregon
10 PA. CONS. STAT. § 354 (1981).

Title: Donor immunity. This law protects any person who donates food to a charitable or religious organization for free distribution from criminal or civil liability for any injury arising from the condition of such food, except in cases of negligence, recklessness, intentional misconduct, “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.”
Region: Mid-Atlantic
State: Pennsylvania
10 Pa. Stat. Ann. § 355 (1996)

Title: Charitable or Religious Organization Immunity. This law protects any bona fide charitable or religious organization which receives and distributes food from criminal or civil liability for any injury arising from the condition of such food. Protection from liability does not extend in cases of negligence, recklessness, intentional misconduct, or where the organization had actual or constructive knowledge that the food is harmful to the ultimate recipient.
Region: Mid-Atlantic
State: Pennsylvania
42 PA. CONS. STAT. § 8338 (1990).

Title: Liability for damages from donated food and grocery products. This law protects a person who donates food or grocery products to a nonprofit organization for free distribution from civil or criminal liability for any injury or death arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct. Further, this law protects a person who allows gleaning on property owned or occupied by him or her from “civil or criminal liability that arises due to the injury or death of any individual involved in the collection or gleaning of donations,” except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Mid-Atlantic
State: Pennsylvania
62 PA. CONS. STAT. § 4050.4 (2010).

Title: Pennsylvania Agricultural Surplus System Act. This law establishes the Pennsylvania Agricultural Surplus System (PASS) to enable the food industry to donate, sell or otherwise provide food products to the charitable food organizations. The law also provides a list of requirements that PASS must include to carry out the act.
Region: Mid-Atlantic
State: Pennsylvania
R.I. GEN. LAWS § 21-34-1 (2005).

Title: Immunity from liability for food donors. This law protects “a person, or organization including, but not limited to, a farmer, a processor, distributor, wholesaler, or retailer of food, or restaurant, or accredited culinary arts school” who donates food to a charitable or nonprofit organization “for the use or distribution to the needy” from civil or criminal liability for any injury or illness resulting from the condition of the food, except in cases of intentional misconduct or recklessness.
Region: Northeast
State: Rhode Island
R.I. GEN. LAWS § 21-34-2 (2008).

Title: Immunity from liability for distributors. This law protects a nonprofit or charitable organization that receives, prepares, and distributes donated food without charge, from civil or criminal liability for any injury or illness resulting from the condition of the food, except in cases of intentional misconduct or recklessness.
Region: Northeast
State: Rhode Island
S.C. CODE ANN. § 15-74-20 (1992).

Title: Good faith charitable donor of distressed food exempt from civil and criminal liability; exception. This law protects a food donor who donates to a charitable or nonprofit organization or food bank for free distribution from criminal or civil liability for an injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Southeast
State: South Carolina
S.C. CODE ANN. § 15-74-30 (1992).

Title: Charitable or nonprofit organization receiving distressed food in good faith exempt from civil and criminal liability; exception. This law protects a charitable or nonprofit organization or food bank that receives donated food from criminal or civil liability for an injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Southeast
State: South Carolina
S.D. CODIFIED LAWS § 39-4-22 (1981).

Title: Donation of food--Immunity from civil and criminal liability. This law protects a donor or gleaner who donates any perishable food to a charitable or nonprofit organization for free distribution from criminal or civil liability for an injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Mountain
State: South Dakota
S.D. Codified Laws §39-4-23 (1981)

Title: Liability for receipt of perishable food by charitable organization. This law protects charitable or nonprofit organizations that receive and distribute food at no charge from criminal or civil liability from injury resulting from the condition of the food unless the injury results from gross negligence, recklessness or intentional conduct.
Region: Mountain
State: South Dakota
TENN. CODE ANN. § 53-13-102 (2010).

Title: Donors; privileges and immunities. This law protects a donor or gleaner who donates food to a charitable or nonprofit organization for free distribution from criminal or civil liability for an injury arising from the condition of the food, except in cases of negligence, recklessness, or intentional conduct.
Region: Southeast
State: Tennessee
TENN. CODE ANN. § 70-7-102 (2010).

Title: Landowners; safety; duty of care. This law provides that a landowner, lessee, occupant, or any person in control of land “owes no duty of care to keep such land or premises safe for entry or use… [nor] required to give any warning of hazardous conditions” on the land to any person who enters the land for such recreational activities defined by law, including “fruit and vegetable picking for the participant’s own use.”
Region: Southeast
State: Tennessee
Tex. Civ. Prac. & Rem. Code § 76.004 (2015)

Title: Liability for damages from donated food. This law protects charitable or nonprofit organizations that receive and distribute food at no charge from criminal or civil liability from injury resulting from the condition of the food unless the injury results from gross negligence, recklessness or intentional misconduct.
Region: Southwest
State: Texas
TEX. CIV. PRAC. & REM. CODE ANN. § 76.004 (1989).

Title: Liability for Damages from Donated Food. This law protects a person or gleaner who donates food to a church or nonprofit organization “for distribution to the needy” from civil or criminal liability for an injury or death arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct. Further, this law protects a person who allows gleaning by volunteers on his or her property from “civil or criminal liability that arises due to the injury of a gleaner,” except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Southwest
State: Texas
UTAH CODE ANN. § 4-34-2 (1981).

Title: Donation to charitable organization authorized. This law authorizes any person who produces, processes, sells, or distributes any agricultural product to donate, free of charge, any such product to a nonprofit charitable organization in the state.
Region: Mountain
State: Utah
UTAH CODE ANN. § 4-34-3 (1981).

Title: County surplus food collection and distribution system. This law authorizes any county to establish a surplus food collection and distribution system that would connect nonprofit charitable organizations needing agricultural products with such donors.
Region: Mountain
State: Utah
UTAH CODE ANN. § 4-34-5 (1981).

Title: Limitation of liability of donor, charitable organization and county. This law protects a county, county agency, or donor of an agricultural product who donates to a food donation program, and a nonprofit charitable organization that receives, accepts, gleans, or distributes any agricultural product, from civil or criminal liability for any injury resulting from the condition of such food, except in cases of gross negligence, recklessness, or intentional conduct.
Region: Mountain
State: Utah
UTAH CODE ANN. § 78B-4-502 (2008).

Title: Donation of food--Liability limits. This law protects a person or entity who donates food to a nonprofit organization, and a nonprofit organization that distributes such food at no charge, from civil or criminal liability for an injury or death resulting from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Mountain
State: Utah
VT. STAT. ANN. tit. 12 § 5762 (1983).

Title: Liability for canned or perishable foods or farm products distributed free of charge. This law protects a donor who donates any canned or perishable food or farm product to a charitable or nonprofit organization for free distribution from criminal or civil liability arising from the condition of the food, except in cases that the “donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated or harmful to the health or well-being of the person consuming said food.”
Region: Northeast
State: Vermont
VT. STAT. ANN. tit. 12 § 5793 (1997).

Title: Liability limited. This law protects an owner from liability for property damage or personal injury sustained by a person who enters the owner’s land for a “recreational use,” including “gleaning” as defined by law, except in cases of willful or wanton misconduct of the owner.
Region: Northeast
State: Vermont
23 VA. ADMIN. CODE § 10-110-142 (1987).

Title: Virginia taxable income; subtractions. This law establishes a tax incentive for contributions that are made to a nonprofit organization as defined by the law, including contributions of crops to a nonprofit food bank. The “subtraction for qualified agricultural contributions is equal to the lowest wholesale market price in the nearest regional market of the type of products donated during the months in which donations are made.” Further, the law provides additional provisions that must be met in order to qualify for such subtraction.
Region: Mid-Atlantic
State: Virginia
23 VA. ADMIN. CODE § 10-120-102 (1987).

Title: Virginia taxable income; subtractions. This law establishes a tax incentive for contributions that are made to a nonprofit organization as defined by the law, including contributions of crops to a nonprofit food bank. Further, the law provides additional provisions that must be met in order to qualify for such subtraction.
Region: Mid-Atlantic
State: Virginia
VA. CODE ANN. § 3.2-5144 (2008).

Title: Exemption from civil liability in certain cases. This law protects “any farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food, including a grocery, convenience, or other store selling food or food products” who donates food to any food bank for use or distribution by the organization from civil liability for any injury or death resulting from the condition of the donated food, except in cases of gross negligence or intentional act of the donor. Further, this law protects any farmer from civil liability for any injury or death sustained by a person who enters the farmer’s land for “purposes of removing any crops remaining in his [or her] fields following the harvesting thereof,” except in cases of gross negligence or intentional act of the farmer.
Region: Mid-Atlantic
State: Virginia
WASH. REV. CODE § 69.80.031 (1994).

Title: Good samaritan food donation act--Definitions--Collecting, distributing, gleaning—Liability. This law protects a person or gleaner who donates food to a nonprofit organization for “distribution to needy individuals,” from civil or criminal liability arising from the condition of the food, except in cases of gross negligence or intentional misconduct. Further, this law protects a person who allows “gleaners” or representatives of a nonprofit organization on his or her property for the purpose of gleaning from civil or criminal liability for any injury or death of the gleaner or representative, except in cases of gross negligence or intentional misconduct.
Region: Western
State: Washington
Wash. Rev. Code Ann. § 69.80.900 (1994)

Title: Construction. This law states that the statute does not create liability for nonprofit food distribution organizations unless an injury to the ultimate food recipient is caused by the distribution organization’s gross negligence or intentional misconduct (pursuant to §69.80.031.031 - http://apps.leg.wa.gov/rcw/default.aspx?cite=69.80.031 ).
Region: Western
State: Washington
W. VA. CODE § 19-30-4 (2001).

Title: Donation of food items; exemption from civil and criminal liability. This law protects any person who donates prepared or perishable food to a charitable or nonprofit organization, and any charitable or nonprofit organization that receives and distributes such food without charge, from civil or criminal liability for any injury or death due to the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.
Region: Mid-Atlantic
State: West Virginia
W. VA. CODE § 19-30-6 (2001).

Title: Authorization of donations; diversion of products by directors to organizations. This law authorizes any person who processes, distributes, or sells any agricultural product to donate, free of charge, any such product to a food bank in the state. The law also encourages the director of each department of state government to “divert, whenever possible, surplus agricultural products” to such organizations.
Region: Mid-Atlantic
State: West Virginia
W. VA. CODE § 19-30-7 (2001).

Title: Surplus food collection and distribution centers. This law authorizes the Department of Agriculture to continue to operate an information and food collection center that would “receive and transmit information concerning available agricultural products” to nonprofit charitable organizations needing such agricultural products. “The center shall also collect, receive, handle, store and distribute donated agricultural products.”
Region: Mid-Atlantic
State: West Virginia
W. VA. CODE § 55-7D-3 (1998).

Title: Limiting liability of persons or corporations who donate food or grocery products; exceptions. This law protects a person or gleaner who donates food to a nonprofit organization, and a nonprofit organization that receives and distributes such food without charge, from civil or criminal liability arising from the condition of the food, except in cases of gross negligence or intentional misconduct.
Region: Mid-Atlantic
State: West Virginia
W. VA. CODE § 55-7D-4 (1998).

Title: Limitation of liability for landowners or occupiers who allow collection or gleaning of donations; exceptions. This law protects any landowner or occupier who allows gleaners or representatives of a nonprofit organization on his or her property for the purpose of collecting or gleaning of donations from civil or criminal liability for any injury or death of the gleaner or representative while collecting or gleaning, except in cases of gross negligence or intentional misconduct.
Region: Mid-Atlantic
State: West Virginia
WIS. STAT. § 895.51 (2010).

Title: Civil liability exemption: food or emergency household products; donation, sale, or distribution. This law protects any person “engaged in the processing, distribution, or sale of food products,” who donates or sells, “at a price not to exceed overhead and transportation costs,” food to a charitable organization, food distribution service, or governmental unit, and any charitable organization or food distribution service that distributes such food free of charge, from civil liability for the death or injury caused by the donated food unless the injury was caused by willful or wanton acts or omissions.
Region: Midwest
State: Wisconsin
WIS. STAT. §895.52.(1983)

Title: Recreational activities; limitation of property owners’ liability. Property owners have no duty to keep the property safe for recreational activities or warn of unsafe conditions. Recreational activities include harvesting fruits and vegetables. However, property owners are liable if the injury was caused by the owner’s malicious failure to warn of a known unsafe condition or other malicious conduct.
Region: Midwest
State: Wisconsin
WYO. STAT. ANN. § 35-7-1301 (1992).

Title: Donation of food; exemption from civil liability. This law protects any person who donates food to a nonprofit organization, and any nonprofit organization that serves or provides such food free of charge, from civil liability for any injury resulting from the condition of the food, except in cases of willful, wanton, or reckless acts of the donor or organization.
Region: Mountain
State: Wyoming
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