Civil liability protection for food donation, gleaning; misdemeanor for sale of donated food

This law protects gleaners and various other donors that donate food to “a charitable or nonprofit organization for ultimate free distribution to needy individuals, or to the department of natural resources or a county conservation board for use in a free interpretive educational program.” Specifically, it provides immunity to the donor for criminal or civil liability arising from the condition of the food, provided the donor reasonably inspects the food at the time of the donation and finds the food fit for human consumption. Such foods may include canned or perishable food or farm products not readily marketable due to appearance, freshness, grade, surplus, or other considerations. These protections do not apply in cases of negligence, recklessness, intentional misconduct, or actual or constructive knowledge that the food is not fit for human consumption. The law also provides similar protections to charitable or nonprofit organizations receiving such donations.