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§ 355. Charitable or religious organization 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. § 355
§ 355. 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.

Credits

1981, July 10, P.L. 234, No. 76, § 5, effective in 60 days. Amended 1996, Oct. 30, P.L. 719, No. 129, § 1, imd. effective.
10 P.S. § 355, PA ST 10 P.S. § 355
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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