Rhode Island § 16-111-5 - School Waste Recycling and Refuse Disposal

§ 16-111-5. Food donations by food service companies.

(a) It shall be the policy of the state, the department of education, and any educational entity to require that any request for proposal (RFP) to select a food service company (vendor) to provide food services to an educational entity shall require the vendor to donate any unserved nonperishable or unspoiled perishable food to local food banks or the Rhode Island Food Bank in accordance with the recommendations from the Rhode Island department of health “The Road to End Hunger” initiative.

(b) Vendors required to donate nonperishable and unspoiled perishable food to local food banks or the Rhode Island Food Bank shall initially make arrangements for the provision accommodations necessary to carry out the provisions of this section.

(c) Except for injury resulting from gross negligence or intentional misconduct in the preparation or handling of donated food, no educational entity, person, or vendor who or that donates food that is fit for human consumption at the time it was donated, as required by subsection (a), shall be liable for any damage or injury resulting from the consumption of the donated food.

(d) The immunity from civil liability provided by this section applies regardless of compliance with any laws, regulations, or ordinances regulating the packaging or labeling of food, and regardless of compliance with any laws, regulations, or ordinances regulating the storage or handling of the food by the donee after the donation of the food. The donation of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected pursuant to this section. The donation of perishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected pursuant to this section if the person who distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.

(e) The local food bank or Rhode Island Food Bank that, in good faith, receives and distributes food without charge, pursuant to subsection (a), that is fit for human consumption at the time it was distributed is not liable for any injury or death due to the food unless the injury or death is a direct result of the gross negligence or intentional misconduct of the organization.