Idaho State Statutes - Idaho Attorney Directory

(1) It shall not be
negligence for a donor of food to donate food apparently fit for human
consumption at the time of its donation solely because:
(a) The label on the food is missing or the food is otherwise misbranded;
or
(b) The food, if offered for sale commercially, would not be readily
marketable because of appearance or grade, or because it is surplus.
(2) A food bank that receives and distributes food apparently fit for
human consumption shall not be found negligent or liable for damages caused by
food it distributes if:
(a) The food bank inspects the food received in a reasonable manner and
finds it to be apparently fit for human consumption at the time of
distribution;
(b) The food bank has no actual or constructive knowledge at the time the
food is distributed that it is adulterated, tainted, contaminated, or
would be harmful to the health or well-being of an individual consuming
it; and
(c) The injury or death is not proximately caused by the misconduct of
the food bank.
(3) It shall not be negligence for a food bank to distribute food
apparently fit for human consumption at the time of its distribution solely
because:
(a) The label on the food is missing or the food is otherwise misbranded;
or
(b) The food, if offered for sale commercially, would not be readily
marketable because of appearance or grade, or because it is surplus.
(4) For purposes of this section:
(a) "Donor" includes a person, farmer, rancher, retailer, slaughterhouse
under state supervision, freight company, distributor, wholesaler, meat
processor, seafood processor, or similar entity, and a person who acts in
a commercial capacity as a manufacturer, packer, processor, bottler, or
similar entity, even if that activity is the person's primary activity.
(b) "Food" means any raw, cooked, processed, or prepared edible
substance, ice, beverage, or ingredient used or intended for use in whole
or in part for human consumption.
(c) "Food bank" means a nonprofit organization that operates principally
to collect, inspect, and salvage donated food for free distribution either
to needy persons or to nonprofit organizations for free distribution to
needy persons. In this paragraph, "nonprofit organization" means an
organization recognized by the state or federal government as a nonprofit
organization.
(5) This section does not apply to donations of wild game meat to
charitable institutions. Liability and immunity for donations of wild game
meat to charitable institutions shall be determined according to section
5-338, Idaho Code.

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