AI-assisted research summary: The Act limits liability for people who donate or distribute donated food, except in specified cases involving unsafe food or reckless/intentional harm. It also does not apply to people who distribute donated food for profit.
SNL1997 cD-26.1 DONATION OF FOOD ACT Amended: CHAPTER D-26.1 AN ACT RESPECTING THE GOOD FAITH DONATION AND DISTRIBUTION OF FOOD (Assented to May 20, 1997) Analysis 1. Short title 2. Liability 3. Non-application Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Donation of Food Act. 1997 cD-26.1 s1 Back to Top Liability 2. (1) A person who donates food or who distributes donated food to another person is not liable for damages resulting from injury or death caused by the consumption of the food unless (a) the food was adulterated, rotten or otherwise unfit for human consumption; and (b) in donating or distributing the food, the person (i) intended to injure or to cause the death of the recipient of the food, or (ii) acted with reckless disregard for the safety of others. (2) A director, officer, agent, employee or volunteer of a corporation that donates food or that distributes donated food is not personally liable for any damages resulting from injury or death caused by the consumption of the food unless (a) the food was adulterated, rotten or otherwise unfit for human consumption; and (b) in donating or distributing the food, the director, officer, agent, employee or volunteer, (i) acted beyond the scope of his or her role as director, officer, agent, employee or volunteer, and (ii) intended to injure or to cause the death of the recipient of the food, or (iii) acted with reckless disregard for the safety of others. 1997 cD-26.1 s2 Back to Top Non-application 3. This Act does not apply to a person who distributes donated food for profit. 1997 cD-26.1 s3