Tennessee § 53-13-103 - Immunity of distributing organization from liability.

§ 53-13-103. Immunity of distributing organization from liability.

A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome food, fit for human consumption, and distributes it, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages resulting from the condition of the food, unless an injury results from the gross negligence, recklessness or intentional conduct of the organization. A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome deer meat, fit for human consumption, and distributes or serves it, shall not be subject to civil damages resulting from the condition of the food, unless an injury results from the gross negligence, recklessness, or intentional conduct of the organization. As used in subdivision (b)(1), “bona fide charitable or nonprofit organization” means an organization that operates a food bank or on-site feeding program to combat poverty and hunger and that acts in compliance with applicable standards, requirements, and procedures established by the department of agriculture. Acts 1980, ch. 773, § 1; T.C.A., § 52-1603; Acts 1989, ch. 476, § 3; 1992, ch. 862, § 4; 2020, ch. 592, §§ 7, 8. 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. Amendments. The 2020 amendment inserted “gross” preceding “negligence” in (a) and (b)(1); and substituted “by the department of agriculture” for “pursuant to § 53-7-213(e) ” in (b)(2). Effective Dates. Acts 2020, ch. 592, § 9. March 20, 2020.