A bona fide charitable or nonprofit organization which in good faith receives food, apparently fit for human consumption, and distributes it at no charge, is not subject to criminal penalty or civil damages resulting from the condition of the food unless an injury results from the gross negligence, recklessness, or intentional conduct of the organization.
S.D. Codified Laws § 39-4-23
Distribution of food without charge by charitable or nonprofit organization--Immunity
Source: SL 1981, ch 288, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.