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N.Y. Agric. & Mkts. Law § 71-z

Liability for canned, perishable food or farm products distributed free of charge

2014-09-22

§ 71-z. Liability for canned, perishable food or farm products\ndistributed free of charge. 1. Notwithstanding any other provision of\nlaw, a good-faith donor of any canned or perishable food, farm product,\ngame or wild game, apparently fit for human consumption, to a bona fide\ncharitable or nonprofit organization, for free distribution, shall not\nbe subject to criminal penalty or civil damages arising from the\ncondition of the food, if the said donor reasonably inspects the food at\nthe time of donation and finds the food apparently fit for human\nconsumption and unless the donor has actual or constructive knowledge\nthat the food is adulterated, tainted, contaminated or harmful to the\nhealth or well-being of the person consuming said food. Such good-faith\ndonor shall include, but not be limited to, public food service\nestablishments.\n 2. This section includes the good faith donation of canned or\nperishable food or farm products not readily marketable due to\nappearance, freshness, grade, surplus or other considerations, but shall\nnot be deemed or construed to restrict the authority of any lawful\nagency to otherwise regulate or ban the use of such food for human\nconsumption.\n 3. A not-for-profit charitable organization shall provide liability\ninsurance to persons engaged in gleaning activities organized or\nsponsored by such charitable organization.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.