The good faith donor shall not be subject to civil or criminal liability that may arise from the nature, packing or condition of a food with a healthy appearance or from a non-edible product with an adequate appearance, if the donation was made to a collector or nonprofit organization for it to distribute it to needy persons. However, when a needy person suffers harm, or death as a result of using all or part of the non-edible product, or, consuming all or part of the donated food, that person may have a cause of action against the donor, if he/she incurred an act or omission constituting intentional or improper conduct or gross negligence.
History —Aug. 6, 1993, No. 66, § 3.