Limited liability protection for restaurants that donate food to charities heads to House

The House Agriculture and Forestry Committee amended and approved legislation that would limit the liability of restaurants and other food service entities when donating perishable food to charities.

SB99 by Sen. Rusty Glover, R-Semmes, now goes to the full House for consideration. Because the House committee changed the Senate bill, if the full House OKs it, the bill will have to go back to the Senate for final approval.

Under SB99, “a good faith donor of canned or perishable food, which is apparently fit for human consumption at the time it is donated, to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of the food unless the injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of the donor.”

The bill clarifies that food prepared by restaurants or others with food service permits qualifies as “perishable food.”

This article is part of the Alabama Retail Report, a communication for Alabama Retail Association members. Not a member? Join us!

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