CIVIL PRACTICE & REMEDIES CODE

CHAPTER 76. FOOD DONORS


	§ 76.001.  DEFINITIONS.  In this chapter:                                   
		(1)  'Donate' means to give without requiring anything 
of monetary value from the recipient.
		(2)  'Intentional misconduct' means conduct that the 
actor knows is harmful to the health or well-being of another 
person.
		(3)  'Nonprofit organization' means an incorporated or 
unincorporated organization that has been established and is 
operating for religious, charitable, or educational purposes and 
that does not distribute any of its income to its members, 
directors, or officers.
		(4)  'Person' means an individual, corporation, 
partnership, organization, association, or governmental entity.
		(5)  'Gleaner' means a person who harvests for free 
distribution to the needy an agricultural crop that has been 
donated by the owner.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1989, 71st Leg., ch. 301, § 1, eff. June 14, 1989;  Acts 
1989, 71st Leg., ch. 1093, § 1, eff. June 16, 1989.


	§ 76.002.  SHORT TITLE.  This chapter may be cited as the 
Good Faith Donor Act.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    


	§ 76.003.  APPARENTLY WHOLESOME FOOD.  For the purposes 
of this chapter, food is apparently wholesome if the food meets all 
quality standards of local, county, state, and federal agricultural 
and health laws and rules, even though the food is not readily 
marketable due to appearance, age, freshness, grade, size, surplus, 
or other condition.  Canned goods that are leaking, swollen, dented 
on a seam, or no longer airtight are not apparently wholesome food.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    


	§ 76.004.  LIABILITY FOR DAMAGES FROM DONATED 
FOOD.  (a)  A person or gleaner is not subject to civil or criminal 
liability arising from the condition of apparently wholesome food 
that the person or gleaner donates to a church, a not-for-profit 
organization or a nonprofit organization for distribution to the 
needy.  This subsection does not apply to an injury or death that 
results from an act or omission of the donor constituting gross 
negligence, recklessness, or intentional misconduct.
	(b)  A person who is allowing his or her fields to be gleaned 
by volunteers for distribution to the needy is not subject to civil 
or criminal liability that arises due to the injury of a gleaner, 
unless an injury or death results from an act or omission of the 
person constituting gross negligence, recklessness, or intentional 
misconduct.
	(c)  A nonprofit organization is not subject to civil or 
criminal liability arising from the condition of apparently 
wholesome food that it distributes to the needy at no charge in 
substantial compliance with applicable local, county, state, and 
federal laws and rules regarding the storage and handling of food 
for distribution to the public.  This subsection does not apply to 
an injury or death that results from an act or omission of the 
organization constituting gross negligence, recklessness, or 
intentional misconduct.
	(d)  This chapter does not create any liability.                               

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1989, 71st Leg., ch. 1093, § 2, eff. June 16, 1989.