537.115. Food donation or distribution, limited liability, when.
Food donation or distribution, limited liability, when.
537.115. 1. As used in this section, the following terms mean:
(1) "Canned food", any food commercially processed and prepared forhuman consumption;
(2) "Perishable food", any food which may spoil or otherwise becomeunfit for human consumption because of its nature, type or physicalcondition. This term includes, but is not limited to, fresh and processedmeats, poultry, seafood, dairy products, bakery products, eggs in theshell, fresh fruits and vegetables, and foods which have been packaged,refrigerated, or frozen.
2. All other provisions of law notwithstanding, a good faith donor ofcanned or perishable food, which complies with chapter 196, RSMo, at thetime it was donated and which is fit for human consumption at the time itis donated, to a bona fide charitable or not-for-profit organization forfree distribution, shall not be subject to criminal or civil liabilityarising from an injury or death due to the condition of such food unlesssuch injury or death is a direct result of the negligence, recklessness orintentional misconduct of such donor.
3. All other provisions of law notwithstanding, a bona fidecharitable or not-for-profit organization which in good faith receives anddistributes food, which complies with chapter 196, RSMo, at the time it wasdonated and which is fit for human consumption at the time it isdistributed, without charge, shall not be subject to criminal or civilliability arising from an injury or death due to the condition of such foodunless such injury or death is a direct result of the negligence,recklessness, or intentional misconduct of such organization.
4. Notwithstanding any other provision of law to the contrary, a goodfaith donor or a charitable or not-for-profit organization, who in goodfaith receives or distributes frozen and packaged venison without charge,shall not be subject to criminal or civil liability arising from an injuryor death due to the condition of such food, except as provided in thissubsection. The venison must:
(1) Come from a whitetail deer harvested in accordance with the rulesand regulations of the department of conservation;
(2) Be field dressed and handled in a sanitary manner and the carcassof which remains in sound condition;
(3) Be processed in a licensed facility that is subject to the UnitedStates Department of Agriculture's mandated inspections during domesticatedanimal operations or is approved by the Missouri department of agriculturemeat inspection program.
Except that, the provisions of this subsection shall not apply if theinjury or death is a direct result of the negligence, recklessness orintentional misconduct of such donor or the deer was harvested during aseason that the deer in Missouri were found to have diseases communicableto humans. Venison handled and processed in accordance with the provisionsof this section and protected by all reasonable means from foreign orinjurious contamination is exempt from the provisions of chapter 196, RSMo.
5. The provisions of this section shall govern all good faithdonations of canned or perishable food which is not readily marketable dueto appearance, freshness, grade, surplus or other conditions, but nothingin this section shall restrict the authority of any appropriate agency toregulate or ban the use of such food for human consumption.
(L. 1981 H.B. 113 § 1, A.L. 1993 H.B. 306, A.L. 1996 H.B. 1610, A.L. 2004 H.B. 1192 merged with S.B. 740, et al.)