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Section: 537.0115 Food donation or distribution, limited liability, when. RSMO 537.115


Published: 2015

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Missouri Revised Statutes













Chapter 537

Torts and Actions for Damages

←537.110

Section 537.115.1

537.117→

August 28, 2015

Food donation or distribution, limited liability, when.

537.115. 1. As used in this section, the following terms mean:



(1) "Canned food", any food commercially processed and prepared for

human consumption;



(2) "Perishable food", any food which may spoil or otherwise become

unfit for human consumption because of its nature, type or physical

condition. This term includes, but is not limited to, fresh and processed

meats, poultry, seafood, dairy products, bakery products, eggs in the shell,

fresh fruits and vegetables, and foods which have been packaged,

refrigerated, or frozen.



2. All other provisions of law notwithstanding, a good faith donor of

canned or perishable food, which complies with chapter 196 at the time it was

donated and which is fit for human consumption at the time it is donated, to a

bona fide charitable or not-for-profit organization for free distribution,

shall not be subject to criminal or civil liability arising from an injury or

death due to the condition of such food unless such injury or death is a

direct result of the negligence, recklessness or intentional misconduct of

such donor.



3. All other provisions of law notwithstanding, a bona fide charitable or

not-for-profit organization which in good faith receives and distributes

food, which complies with chapter 196 at the time it was donated and which is

fit for human consumption at the time it is distributed, without charge,

shall not be subject to criminal or civil liability arising from an injury or

death due to the condition of such food unless such injury or death is a

direct result of the negligence, recklessness, or intentional misconduct of

such organization.



4. Notwithstanding any other provision of law to the contrary, a good

faith donor or a charitable or not-for-profit organization, who in good faith

receives or distributes frozen and packaged venison without charge, shall not

be subject to criminal or civil liability arising from an injury or death due

to the condition of such food, except as provided in this subsection. The

venison must:



(1) Come from a whitetail deer harvested in accordance with the rules

and regulations of the department of conservation;



(2) Be field dressed and handled in a sanitary manner and the carcass of

which remains in sound condition;



(3) Be processed in a licensed facility that is subject to the United

States Department of Agriculture's mandated inspections during domesticated

animal operations or is approved by the Missouri department of agriculture

meat inspection program.

Except that, the provisions of this subsection shall not apply if the injury

or death is a direct result of the negligence, recklessness or intentional

misconduct of such donor or the deer was harvested during a season that the

deer in Missouri were found to have diseases communicable to humans. Venison

handled and processed in accordance with the provisions of this section and

protected by all reasonable means from foreign or injurious contamination is

exempt from the provisions of chapter 196.



5. The provisions of this section shall govern all good faith donations

of canned or perishable food which is not readily marketable due to

appearance, freshness, grade, surplus or other conditions, but nothing in

this section shall restrict the authority of any appropriate agency to

regulate or ban the use of such food for human consumption.



(L. 1981 H.B. 113 § 1, A.L. 1993 H.B. 306, A.L. 1996 H.B. 1610,

A.L. 2004 H.B. 1192 merged with S.B. 740, et al.)





1996



1996



537.115. 1. As used in this section, the following terms mean:



(1) "Canned food", any food commercially processed and prepared for

human consumption;



(2) "Perishable food", any food which may spoil or otherwise become

unfit for human consumption because of its nature, type or physical condition.

This term includes, but is not limited to, fresh and processed meats,

poultry, seafood, dairy products, bakery products, eggs in the shell, fresh

fruits and vegetables, and foods which have been packaged, refrigerated, or

frozen.



2. All other provisions of law notwithstanding, a good faith donor of

canned or perishable food, which complies with chapter 196, RSMo, at the time

it was donated and which is fit for human consumption at the time it is

donated, to a bona fide charitable or not-for-profit organization for free

distribution, shall not be subject to criminal or civil liability arising from

an injury or death due to the condition of such food unless such injury or

death is a direct result of the negligence, recklessness or intentional

misconduct of such donor.



3. All other provisions of law notwithstanding, a bona fide charitable

or not-for-profit organization which in good faith receives and distributes

food, which complies with chapter 196, RSMo, at the time it was donated and

which is fit for human consumption at the time it is distributed, without

charge, shall not be subject to criminal or civil liability arising from an

injury or death due to the condition of such food unless such injury or death

is a direct result of the negligence, recklessness, or intentional misconduct

of such organization.



4. Notwithstanding any other provision of law to the contrary, a good

faith donor or a charitable or not-for-profit organization, who in good faith

receives or distributes frozen and packaged venison without charge, shall not

be subject to criminal or civil liability arising from an injury or death due

to the condition of such food, except as provided in this subsection. The

venison must:



(1) Come from a whitetail deer harvested in accordance with the rules

and regulations of the department of conservation;



(2) Be field dressed and handled in a sanitary manner and the carcass of

which remains in sound condition;



(3) Be processed in a licensed facility that is subject to the United

States Department of Agriculture's mandated inspections during domesticated

animal operations. Except that, the provisions of this subsection shall not

apply if the injury or death is a direct result of the negligence,

recklessness or intentional misconduct of such donor or the deer was harvested

during a season that the deer in Missouri were found to have diseases

communicable to humans. Venison handled and processed in accordance with the

provisions of this section and protected by all reasonable means from foreign

or injurious contamination is exempt from the provisions of chapter 196, RSMo.



5. The provisions of this section shall govern all good faith donations

of canned or perishable food which is not readily marketable due to

appearance, freshness, grade, surplus or other conditions, but nothing in this

section shall restrict the authority of any appropriate agency to regulate or

ban the use of such food for human consumption.



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