Topic:
LIABILITY (LAW); NON-PROFIT ORGANIZATIONS; FOOD LAW;
Location:
FOOD PRODUCTS; LIABILITY, LEGAL;

OLR Research Report


January 22, 2008

 

2008-R-0077

FOOD DONATION-IMMUNITY FROM LIABILITY

By: John Kasprak, Senior Attorney

You asked whether state law provides any immunity from liability for donors of food.

Under Connecticut law, (1) any person who donates food for use or distribution by a nonprofit organization or nonprofit corporation and (2) any nonprofit organization or corporation that collects and distributes food to other nonprofits either for free or for a nominal fee, is not liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of the food. A person donating food includes, but is not limited to, a seller, farmer, processor, distributor, wholesaler or retailer of food (CGS 52-557l).

The protection does not apply if (1) the donor, when making the donation or (2) the nonprofit entity at the time of distributing the food, knew or had reasonable grounds to believe that the food was adulterated or unfit for human consumption.

JK:ts