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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