Idaho State Statutes - Idaho Attorney Directory

(1) A donor of wild game
meat for free use by a charitable organization is immune from civil or
criminal liability arising from an injury or death attributable to the nature,
age, condition or packaging of the donated wild game meat if the injury or
death is not a result of the gross negligence, recklessness, or intentional
misconduct of the donor and the donated wild game meat is prepared and
packaged by a commercial butcher, commercial slaughterhouse, commercial meat
processor or similar entity subject by law to regular state or federal
inspection and licensing.
(2) A charitable organization that receives, distributes or serves
donated wild game meat is immune from civil or criminal liability arising from
an injury or death attributable to the condition of the meat if:
(a) The charitable organization uses appropriate food storage and handling
equipment to provide for the safe and sanitary storage and/or service of
the wild game meat;
(b) The charitable organization accepts only wild game meat prepared and
packaged by a commercial butcher, commercial slaughterhouse, commercial
meat processor, or similar entity subject by law to regular state or
federal inspection and licensing;
(c) The charitable organization inspects the donated wild game meat in a
reasonable manner and finds it to be apparently fit for human consumption
at the time of distribution or service;
(d) The charitable organization has no actual or constructive knowledge
at the time the wild game meat is distributed or served that it is
adulterated, tainted, contaminated, or would be harmful to the health or
well-being of a person eating it; and
(e) An injury or death caused by eating the wild game meat is not a
proximate cause of the gross negligence, recklessness or intentional
misconduct of the charitable organization.
(3) For purposes of this section:
(a) "Charitable organization" means a nonprofit organization that is
exempt from taxation under the provisions of sections 501(c)(3) and
501(c)(4) of the Internal Revenue Code, as amended.
(b) "Donor" means a person, retailer, commercial butcher, commercial
slaughterhouse, commercial meat processor, or similar entity under state
supervision, and the Idaho fish and game department in its capacity as a
donor of unlawfully taken or unclaimed wildlife pursuant to section
36-1304, Idaho Code.
(c) "Wild game meat" means any raw, cooked, processed, or prepared edible
meat from a game animal killed in the wild and used or intended for use in
whole or in part for human consumption and which is exempt from the
inspection requirements of the federal wholesome meat act, or chapter 19,
title 37, Idaho Code; provided however, that wild game salami may not be
donated. Wild game meat shall not be considered "adulterated" as that term
is defined in chapters 1 and 19, title 37, Idaho Code, and IDAPA 16.02.19,
merely because the meat is the product of a game animal killed in the wild
and not slaughtered by a butcher in a state or federally regulated food
processing establishment. Wild game meat shall be considered "wildlife" as
that term is used in IDAPA 16.02.19, and shall be handled, prepared and
served accordingly if the charitable organization is a food establishment
as defined in the rules.

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