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§ 354. Donor immunity

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 10 P.S. Charities and Welfare

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 10 P.S. Charities and Welfare (Refs & Annos)
Chapter 11. Donated Food Limited Liability Act
10 P.S. § 354
§ 354. 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 affecting1 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.


1981, July 10, P.L. 234, No. 76, § 4, effective in 60 days.


“effecting” in original.
10 P.S. § 354, PA ST 10 P.S. § 354
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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