Vermont Statutes Title 12 Sec. 5762
Terms Used In Vermont Statutes Title 12 Sec. 5762
- Charitable or nonprofit organization: means any organization which is exempt from federal or State income taxation, except that the term does not include organizations which sell or offer to sell such donated items of food. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Donor: The person who makes a gift.
- Farm products: means any agricultural, dairy, or horticultural product, or any product designed or intended for human consumption or prepared principally from an agricultural, dairy, or horticultural product. See
- Perishable foods: means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
§ 5762. Liability for canned or perishable foods or farm products distributed free of charge
(a) Notwithstanding any other provision of law, a good-faith donor of any canned or perishable food or farm product, apparently fit for human consumption, who donates to a person for consumption, or to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, if the donor reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption and unless the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated, or harmful to the health or well-being of the person consuming the food.
(b) This section includes the good-faith donation of canned or perishable food or farm products not readily marketable due to appearance, freshness, grade, surplus, or other considerations, but shall not be deemed or construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of such food for human consumption. (Added 1983, No. 209 (Adj. Sess.).)