
July 12, 2002 |
2002-R-0651 | |
FOOD DONOR LIABILITY | ||
By: John Kasprak, Senior Attorney | ||
You asked if any state law protects a food donor from liability if someone gets sick from the donated food.
Legislation was adopted in 1983 (PA 83-223; CGS § 52-557l) that protects food donors from being sued by someone injured by the donated food or its packaging. It also protects the donor from criminal liability. This protection only applies to those donating food to nonprofit organizations and nonprofit corporations. A donor is any person, including a seller, farmer, processor, distributor, wholesaler, or retailer of food donating food. The law does not protect those who either knew or had reasonable grounds to believe that the food was adulterated or unfit for human consumption, nor does it protect the organization that accepted the food for redistribution or use.
The law was amended in 1994 (PA 94-17) to also protect nonprofit organizations and corporations that collect donated food and distribute it to other nonprofit entities either for free or for a nominal fee from being sued for damages by someone injured because of the food's age, nature, condition or packaging. Again, this also protects them from criminal liability but does not protect organizations that knew or had reasonable grounds to believe the food was adulterated or unfit for human consumption (§ 52-557l).
JK: eh