Ohio § 2305.37

§ 2305.37.

(A) As used in this section: (1) “ Agency ” means any nonhospital, charitable nonprofit corporation that is organized and operated

pursuant to Chapter 1702. of the Revised Code and that satisfies all of the following,

or any nonhospital, charitable association, group, institution, organization, or society

that is not organized and not operated for profit and that satisfies all of the following: (a) It distributes consumer goods or perishable food, directly or indirectly, to individuals

in need. (b) It does not charge or accept any form of compensation from the individuals in need

for the distribution of the consumer goods to them. (c) It does not charge for the distribution of perishable food to individuals in need,

or it does not charge individuals in need more than an amount sufficient to cover

the cost of handling the perishable food distributed to them. (2) “ At-cost ” means the perishable food handling costs incurred by an agency. (3) “ Consumer goods ” means items of tangible personal property other than food that are used primarily

for personal, family, or household purposes. (4) “Food service operation” has the same meaning as in section 3717.01 of the Revised Code . (5) “ Food that is gleaned ” means perishable food that remains on a farm or other real property and that the

owner, lessee, renter, or operator of the property permits one or more persons to

salvage free-of-charge for subsequent donation to one or more agencies. (6) “ Harm ” means injury, death, or loss to person or property. (7) “Hospital” has the same meaning as in section 3701.01 , 3727.01 , or 5122.01 of the Revised Code . (8) “ Individuals in need ” means those persons who an agency determines are eligible to receive free distributions

of consumer goods or free or at-cost distributions of perishable food because of poverty,

illness, disability, infancy, or other conditions or circumstances that may result

in persons having a need to receive such distributions. (9) “ Perishable food ” means any food that may spoil or otherwise become unfit for human consumption because

of its nature, age, or physical condition.  “Perishable food” includes, but is not limited to, fresh meats, processed meats,

poultry, fish and other seafood, dairy products, bakery products, eggs in the shell,

fresh fruits, fresh vegetables, food that is gleaned, food that is packaged, refrigerated,

or frozen, food that is canned, and prepared or other food that has not been served

by a restaurant, cafeteria, hospital, hotel, caterer, or other food service operation

to any customer, patient, or other person in the ordinary course of business, by a

public or private school, college, university, or other educational institution to

a student or another person on the premises in the ordinary course of the operation

of the institution, or by a fraternal, veteran's, or other organization to its members

or other persons on the premises in the ordinary course of the operation of the organization. (10) “Person” has the same meaning as in section 1.59 of the Revised Code and additionally includes governmental entities and federal instrumentalities. (11) “ Sale date ” means the date by which the manufacturer, processor, or packager of a packaged food

product recommends that the food product be sold for consumption based on the food

product's quality assurance period. (12) “ Tort action ” means a civil action for damages for injury, death, or loss to person or property.  “ Tort action ” includes a product liability claim that is subject to sections 2307.71 to 2307.80 of the Revised Code but does not include a civil action for a breach of contract or another agreement

between persons. (B) Notwithstanding Chapter 3715. of the Revised Code, a person who, in good faith, donates

perishable food to an agency is not liable in damages in a tort action for harm that

allegedly arises because that perishable food, when distributed by the agency or any

other agency to a particular individual in need, is not fit for human consumption,

if both of the following apply: (1) Prior to the donation of the perishable food to the agency, the person determines

that the perishable food will be fit for human consumption at the time of its donation.  A presumption favoring liability does not arise because the perishable food is donated

to an agency on or after an applicable sale date. (2) The person does not make the determination that the perishable food will be fit for

human consumption at the time of its donation to the agency in a manner that constitutes

gross negligence or willful or wanton misconduct. (C) A person who, in good faith, donates consumer goods to an agency is not liable in

damages in a tort action for harm that allegedly arises because those consumer goods

are not fit for use at the time the agency or any other agency distributes them to

a particular individual in need, if both of the following apply: (1) Prior to the donation of the consumer goods to the agency, the person determines

that the consumer goods will be fit for use at the time of their donation.  A presumption favoring liability does not arise because the consumer goods are in

packaging that has been damaged. (2) The person does not make the determination that the consumer goods will be fit for

use at the time of their donation to the agency in a manner that constitutes gross

negligence or willful or wanton misconduct. (D) Notwithstanding Chapter 3715. of the Revised Code, an agency that, in good faith,

distributes consumer goods or perishable food to a particular individual in need is

not liable in damages in a tort action for harm that allegedly arises because those

consumer goods are not fit for use or that perishable food is not fit for human consumption

if both of the following apply: (1) Prior to the distribution of the consumer goods or perishable food to the individual,

the agency determines that the consumer goods will be fit for use or the perishable

food will be fit for human consumption at the time of its distribution.  A presumption favoring liability does not arise because the consumer goods are in

packaging that has been damaged or because the perishable food is distributed to an

individual on or after an applicable sale date. (2) The agency does not make the determination that the consumer goods will be fit for

use or the perishable food will be fit for human consumption at the time of its distribution

to the individual in a manner that constitutes gross negligence or willful or wanton

misconduct. (E)(1) This section does not create a new cause of action or substantive legal right against

persons who donate consumer goods or perishable food to an agency or against agencies

that distribute consumer goods or perishable food to an individual in need. (2) This section does not affect any immunities from or defenses to tort liability established

by another section of the Revised Code or available at common law to which persons

who donate consumer goods or perishable food other than to agencies, or to which agencies

that distribute consumer goods or perishable food other than to individuals in need,

may be entitled.