The proposed legislation, known as the "Good Neighbor Act," aims to clarify the liability and immunity associated with food donations in Arkansas. It repeals the existing Arkansas Code 20-57-103, which previously outlined the liability protections for donors of canned, live, or perishable food. In its place, the bill introduces a new section, 20-57-105, which establishes definitions and provisions related to food donation. This new section specifies that individuals or organizations donating food in good faith to nonprofit entities are not liable for civil or criminal claims if the food does not meet safety standards or is not readily marketable, provided they inform the recipient of the food's condition.
Additionally, the bill outlines that both the donor and the nonprofit organization receiving the food are protected from liability as long as they act in good faith and communicate the condition of the food at the time of donation or distribution. However, the act does not shield individuals or organizations from liability resulting from gross negligence, recklessness, or intentional misconduct. Furthermore, it mandates that all licensed food producers or distributors in the state be notified of the liability protections established under this new legislation.
Statutes affected: HB 1682: 20-57-103
Act 942: 20-57-103