Tennessee § 53-13-102 - Immunity of good-faith donor or gleaner from liability.

§ 53-13-102. Immunity of good-faith donor or gleaner from liability.

The good-faith donor of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. This subdivision (a)(1) applies if the donor donates the food: Directly to an individual for personal use; or To a bona fide charitable or nonprofit organization for free distribution. Any local education agency may donate any apparently wholesome food fit for human consumption to a county jail, directly to an individual for personal use, or to a bona fide charitable or nonprofit organization for free distribution, and shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the agency. A gleaner of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the gleaner. The good-faith donor of any apparently wholesome deer meat, fit for human consumption, directly to an individual for personal use, to a bona fide charitable or nonprofit organization for free distribution, or to an on-site feeding program, shall not be subject to civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. As used in subdivision (b)(1), “good-faith donor” means deer hunters, deer meat inspectors, and processing facilities acting in compliance with applicable standards, requirements, and procedures established by the department of agriculture. A restaurant, convention center, or other food service establishment that serves food and is regulated pursuant to title 68, chapter 14, when acting as a good faith donor of any apparently wholesome food fit for human consumption, directly to an individual for personal use or to a bona fide charitable or nonprofit organization that operates a food bank or on-site feeding program, or both, for free distribution of food to combat poverty and hunger, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the donated food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. Acts 1980, ch. 773, § 1; T.C.A., § 52-1602; Acts 1989, ch. 476, § 2; 1992, ch. 862, § 3; 2004, ch. 742, § 1; 2010, ch. 886, § 1; 2020, ch. 592, §§ 3-6. Compiler's Notes. Section 53-7-213(e) referred to in this section, concerning the promulgation of rules to establish and enforce standards and procedures to reasonably ensure the safe and sanitary handling, inspection, processing, labeling, storage, distribution, and consumption of deer meat lawfully harvested by licensed hunters and donated to bona fide charitable or nonprofit organizations that operate food banks or on-site feeding programs to combat poverty and hunger, was deleted by Acts 2007, ch. 421, § 16. Acts 2010, ch. 886, § 2 provided that the commissioner of education is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added subdivision (a)(2). The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amendments. The 2010 amendment added (a)(2). The 2020 amendment, in the introductory paragraph of (a)(1), in the first sentence, deleted “, to a bona fide charitable or nonprofit organization for free distribution, or a gleaner of any apparently wholesome food fit for human consumption,” preceding “shall note be”, inserted “gross”, deleted “or gleaner” following “of the donor”, and added the second sentence; added (a)(1)(A) and (a)(2)(B); in (a)(2), substituted “directly to an individual for personal use, or to a” for “or,”, and added “gross”; added (a)(3); in (b)(1), inserted “directly to an individual for personal use,”, inserted “to an” preceding “on-site” and inserted “gross”; substituted “by the department of agriculture” for “pursuant to § 53-7-213(e) ” in (b)(2); and inserted “directly to an individual for personal use or” in (c). Effective Dates. Acts 2010, ch. 886, § 3. May 10, 2010. Acts 2020, ch. 592, § 9. March 20, 2020.