The bill amends Iowa Code section 672.1 to limit liability for individuals and entities that donate food to charitable or nonprofit organizations, as well as certain government entities, provided they act in good faith. Specifically, it adds "food distributor" to the list of entities exempt from criminal or civil liability when donating food, alongside gleaners, restaurants, food establishments, schools, manufacturers of foodstuffs, and meat or poultry establishments. The exemption applies as long as the donor reasonably inspects the food and finds it fit for human consumption at the time of donation.
The bill clarifies that the immunity from liability does not apply if the donor's actions involve negligence, recklessness, or intentional misconduct, or if they have actual or constructive knowledge that the food is unsafe. The donated food must be distributed free of charge to needy individuals or used by the department of natural resources or a county conservation board in a free interpretive educational program. This legislative change aims to encourage food donations by reducing the legal risks associated with such acts.
Statutes affected: Introduced: 672.1