3.2-5144 - Exemption from civil liability in certain cases.
§ 3.2-5144. Exemption from civil liability in certain cases.
A. Any farmer, processor, distributor, wholesaler, food serviceestablishment, restaurant, or retailer of food, including a grocery,convenience, or other store selling food or food products, who donates foodto any food bank or any second harvest certified food bank or food bankmember charity that is exempt from taxation under 26 U.S.C. § 501 (c) (3),which maintains a food storage facility certified by the Department and,where required by ordinance, by the State Department of Health, for use ordistribution by the organization shall be exempt from civil liability arisingfrom any injury or death resulting from the nature, age, condition, orpackaging of the donated food. The exemption of this section shall not applyif the injury or death directly results from the gross negligence orintentional act of the donor. If the donor is a food service establishment ora restaurant, such donor shall comply with the regulations of the Board ofHealth with respect to the safe preparation, handling, protection, andpreservation of food, including necessary refrigeration or heating methods,pursuant to the provisions of § 35.1-14.
B. Any farmer who gratuitously allows persons to enter upon his own land forpurposes of removing any crops remaining in his fields following theharvesting thereof, shall be exempt from civil liability arising out of anyinjury or death resulting from the nature or condition of such land or thenature, age, or condition of any such crop. The exemption of this sectionshall not apply if the injury or death directly results from the grossnegligence or intentional act of the farmer.
(1980, c. 516, § 3.1-418.1; 1987, c. 322; 1990, cc. 211, 255, 303; 1998, c.641; 2008, c. 860.)