Legal & Policy Resources

New Jersey – Liability for Food Donors and Organizations, Liability for Landowners Allowing Gleaning

This law protects any donor or gleaner who donates prepared, perishable, or agricultural food to a nonprofit organization, and any food bank or nonprofit organization that receives and distributes such donated food, from criminal or civil liability for any injury or death due to the condition of the food, except in cases of gross negligence, recklessness, or knowing misconduct. This law also protects a landowner who allows gleaners to enter their land for the purpose of harvesting donated agricultural food for distribution from criminal or civil liability for any injury in connection with such gleaning while on the land or from consumption of the gleaned or donated food.

Type: State Laws & Regulations Region: Mid-Atlantic State: New Jersey Citation: N.J. REV. STAT. § 24:4A-3 (2013).

New York – Liability for Donated Canned or Perishable Food or Farm Products

This law protects a donor who donates any canned or perishable food, farm product, game, or wild game to a charitable or nonprofit organization for free distribution from criminal or civil liability arising from the condition of the food, except in cases that the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated, or harmful to the health or well-being of consumers. It also requires that a nonprofit organization organizing or sponsoring gleaning activities provide liability insurance to persons engaged in those activities.

Type: State Laws & Regulations Region: Northeast State: New York Citation: N.Y. AGRIC. & MKTS. LAW § 71-Z (2010).

Arizona – Liability of Food Donors, Organizations Receiving Food Donations, and Farmers Allowing Food Collection

This law protects a person who donates an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization from civil liability for injury or death related to the condition of the food or grocery product, except in cases of negligence or misconduct; it protects a charitable or nonprofit organization that receives and distributes donated food or grocery products in good faith from civil liability for injury or death related to the condition of the food or grocery products, except in cases of negligence or misconduct; it protects farmers or other landowners or land managers from civil liability for injury or death of gleaners, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Western State: Arizona Citation: ARIZ. REV. STAT. § 36-916 (1991).

North Carolina – Liability for Food Donors and Organizations Receiving Food

This law protects any person, including but not limited to a seller, farmer, processor, distributor, wholesaler, or retailer, who donates food for use or distribution by a nonprofit organization from civil or criminal liability resulting from the nature, age, condition, or packaging, except in cases of gross negligence, recklessness, or intentional misconduct. It also protects nonprofit organizations receiving and distributing donated food from civil or criminal liability resulting from the nature, age, condition, or packaging, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: North Carolina Citation: N.C. GEN. STAT. § 99B-10 (1996).

Kentucky – Liability of Food Donor and Organizations Receiving Food Donations of Apparently Wholesome Food and Farmers Allowing Gleaning

This law protects a person, gleaner, or paid or unpaid representative of a nonprofit organization from civil or criminal liability arising from the nature, age, packaging, or condition of a food donation to a nonprofit organization for distribution, except in cases of intentional misconduct. The law also protects organizations receiving and distributions donated food from civil or criminal liability arising from the nature, age, packaging, or condition of such donated food, except in cases of intentional misconduct. Lastly, the law protects people who allow gleaning from civil or criminal liability for any injury or death of a gleaner, except in cases of intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: Kentucky Citation: KY. REV. STAT. § 411.241 (2017).

Washington – Liability of Food Donor and Farmer Allowing Food Collection

This law protects a person or gleaner who donates food to a nonprofit organization, or directly to consumers, from civil or criminal liability, except in cases of gross negligence or intentional misconduct. Farmers and landowners who allow gleaning on their land are protected from civil or criminal liability, except in cases of gross negligence or intentional misconduct.

Type: State Laws & Regulations Region: Western State: Washington Citation: WASH. REV. CODE § 69.80.031 (1994).

Pennsylvania – Liability for Food Donation and Grocery Products

This law protects a person who donates food or grocery products to a nonprofit organization for free distribution from civil or criminal liability for any injury or death arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct. Further, this law protects a person who allows gleaning on property owned or occupied by him or her from civil or criminal liability that arises due to the injury or death of any individual involved in the collection or gleaning of donations, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: Pennsylvania Citation: 42 Pa.C.S.A. § 8338 (1990).

Pennsylvania – Liability of Organizations Receiving Food Donations

This law protects any bona fide charitable or religious organization which receives and distributes food, for free or for a nominal fee, from criminal or civil liability for any injury arising from the condition of such food. Protection from liability does not extend in cases of negligence, recklessness, intentional misconduct, or where the organization has actual or constructive knowledge that the food is harmful to the ultimate recipient.

Type: State Laws & Regulations Region: Mid-Atlantic State: Pennsylvania Citation: 10 P.S. § 355 (1996).

New Mexico – Liability for Food Donors and Organizations Receiving Donations

This law protects a person or gleaner who donates any perishable or canned food to a charitable or nonprofit organization or municipality for free distribution from criminal or civil liability for any injury arising from the condition of the food, except for cases of gross negligence, recklessness, or intentional conduct. This law also protects charitable or nonprofit organizations and municipalities that receive and distribute food at no charge from criminal or civil liability for any injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional conduct.

Type: State Laws & Regulations Region: Southwest State: New Mexico Citation: N.M. STAT. ANN. § 41-10-3 (1989).

Montana – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor or gleaner who donates any canned or perishable food to a charitable or nonprofit organization for free distribution from criminal or civil liability for any injury arising from the condition of the food, except in cases of gross negligence or intentional misconduct. The law also specifies that if the ultimate distributor charges a fee, this does not negate the donor or gleaner's liability protection.

Type: State Laws & Regulations Region: Mountain State: Montana Citation: MONT. CODE ANN. § 27-1-716 (1981).

Michigan – Liability of Organizations Receiving Food Donations

This law protects nonprofit or charitable organizations that receive food for free or at nominal cost and determine such food apparently fit for human consumption upon a reasonable inspection from civil liability based on warranty, negligence, or strict liability for damages resulting from the condition of the food. This protection does not apply in cases of willful, wanton, or reckless acts; in the case of prepared food, all applicable regulations must have been followed and the food must not have been potentially hazardous at the time of donation. Protection from liability also does not extend to food in hermetically sealed containers not prepared by a commercial processor (such as home-canned foods).

Type: State Laws & Regulations Region: Midwest State: Michigan Citation: MICH. COMP. LAWS § 691.1573 (1993).

Michigan – Liability of Food Donor

This law protects an individual, farmer, food producer, processor, distributor, wholesaler, retailer, gleaner, or other person who donates food to a nonprofit or charitable organization for distribution to needy or poor persons from civil liability based on warranty, negligence, or strict liability resulting from the condition of the food. The protection does not apply in cases of willful, wanton, or reckless acts; in the case of prepared food, all applicable regulations must have been followed and the food must not have been potentially hazardous at the time of donation. Protection from liability also does not extend to food in hermetically sealed containers not prepared by a commercial processor (such as home-canned foods).

Type: State Laws & Regulations Region: Midwest State: Michigan Citation: MICH. COMP. LAWS § 691.1572 (1993).

Delaware – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a person or gleaner who donates food for distribution by a nonprofit organization or state agency from civil or criminal liability resulting from the condition of the food, except in cases of negligence or misconduct; a person who processes wild game for distribution by a nonprofit organization or state agency from civil or criminal liability resulting from the condition of the food, except in cases of negligence or misconduct; and a nonprofit organization who accepts donated food for distribution without charge from civil or criminal liability resulting from the condition of the food, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: Delaware Citation: DEL. CODE tit. 16 § 6820 (1982).

Nebraska – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any person who donates prepared or perishable food or raw agricultural products to a charitable or nonprofit organization from civil liability for injury or death arising from the condition of the food, except where the injury directly results from gross negligence, recklessness, or intentional misconduct of the donor. A charitable or nonprofit organization that receives and distributes food without charge is protected from civil liability based on strict liability for damages resulting the condition of the food.

Type: State Laws & Regulations Region: Mountain State: Nebraska Citation: NEB. REV. STAT. § 25-21,189 (1989).

Virginia – Liability of Food Donor and Farmer Allowing Food Collection

This law protects any farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food, including a grocery, convenience, or other store selling food or food products, or any individual donor, from civil liability resulting from the condition of the food, except in cases of gross negligence or intentional act. Likewise, the law protects any farmer who allows gleaning on their land at no cost from civil liability resulting from the nature or condition of the land or crop, except in cases of gross negligence or intentional act.

Type: State Laws & Regulations Region: Mid-Atlantic State: Virginia Citation: VA. CODE ANN. § 3.2-5144 (2022).

Utah – Liability for Food Donor, Charitable Organization, or County

This law protects a county, county agency, or donor of an agricultural product or wild game meat who donates to a food donation program, and a nonprofit charitable organization that receives, accepts, gleans, or distributes any agricultural product, from civil or criminal liability for any injury resulting from the condition of such food, except in cases of gross negligence, recklessness, or intentional conduct.

Type: State Laws & Regulations Region: Mountain State: Utah Citation: UTAH CODE ANN. § 4-34-106 (2017).

Utah – Liability Limits for Donation of Food

This law protects a person or entity who donates food to a nonprofit organization, and a nonprofit organization that distributes such food at no charge, from civil or criminal liability for an injury or death resulting from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Mountain State: Utah Citation: UTAH CODE ANN. § 78B-4-502 (2008).

Vermont – Liability Limits for Landowner

This law protects an owner from liability for property damage or personal injury sustained by a person who enters the owner's land for a recreational use, including gleaning, as defined at 12 V.S.A. § 5792(4), except in cases of willful or wanton misconduct of the owner.

Type: State Laws & Regulations Region: Northeast State: Vermont Citation: VT. STAT. ANN. tit. 12 § 5793 (1997).

Illinois – Liability of Organizations Receiving Food Donations

This law protects nonprofit organizations that receive and distribute food without charge from civil liability for damages the food causes to the ultimate food recipient. This protection from liability exists unless the damage resulted from the willful, wanton, or reckless acts of the nonprofit organization.

Type: State Laws & Regulations Region: Midwest State: Illinois Citation: 745 ILL. COMP. STAT. 50/4 (2004).

West Virginia – Liability of Farmer Allowing Food Collection

This law protects any landowner or occupier who allows gleaners or representatives of a nonprofit organization on their property for the purpose of collecting or gleaning of donations from civil or criminal liability for any injury or death of the gleaner or representative while collecting or gleaning, except in cases of gross negligence or intentional misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: West Virginia Citation: W. VA. CODE § 55-7D-4 (1998).

West Virginia – Liability of Food Donor and Organizations Receiving Food Donations – 1

This law protects a person or gleaner who donates food to a nonprofit organization, and a nonprofit organization that receives and distributes such food without profit or gain, from civil or criminal liability arising from the condition of the food, except in cases of gross negligence or intentional misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: West Virginia Citation: W. VA. CODE § 55-7D-3 (1998).

West Virginia – Liability of Food Donor and Organizations Receiving Food Donations – 2

This law protects any person who donates prepared or perishable food to a charitable or nonprofit organization, and any charitable or nonprofit organization that receives and distributes such food without charge, from civil or criminal liability for any injury or death due to the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: West Virginia Citation: W. VA. CODE § 19-30-4 (2001).

South Dakota – Liability of Organizations Receiving Food Donations

This law protects charitable or nonprofit organizations that receive and distribute food at no charge from criminal or civil liability from injury resulting from the condition of the food unless the injury results from gross negligence, recklessness or intentional conduct.

Type: State Laws & Regulations Region: Mountain State: South Dakota Citation: S.D. CODIFIED LAWS § 39-4-23 (1981).

Texas – Liability of Food Donor, Organizations Receiving Food Donations, and Farmer Allowing Food Collection

This law protects a person or gleaner donating food, a person who is allowing his or her fields to be gleaned by volunteers for distribution to the needy, and nonprofit organizations that receive and distribute food at no charge from criminal or civil liability for injury resulting from the condition of the food unless the injury results from gross negligence, recklessness or intentional misconduct.

Type: State Laws & Regulations Region: Southwest State: Texas Citation: Tex. Civ. Prac. & Rem. Code § 76.004 (2015)

Tennessee – Liability for Free Food Distributors

This law protects a donor or gleaner (or deer hunter) who donates food to a charitable or nonprofit organization for free distribution from criminal or civil liability for an injury arising from the condition of the food, except in cases of negligence, recklessness, or intentional conduct.

Type: State Laws & Regulations Region: Southeast State: Tennessee Citation: Tenn. Code Ann. § 53-13-102 (2020).

South Dakota – Liability for Donation of Food

This law protects a donor or gleaner who donates any perishable food to a charitable or nonprofit organization for free distribution from criminal or civil liability for an injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional conduct.

Type: State Laws & Regulations Region: Mountain State: South Dakota Citation: S.D. CODIFIED LAWS § 39-4-22 (1981).

South Carolina – Liability for Charitable or Nonprofit Organization Food Donation

This law protects a charitable or nonprofit organization or food bank that receives donated food from criminal or civil liability for an injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: South Carolina Citation: S.C. CODE § 15-74-30 (1992).

Mississippi – Liability of Organizations Receiving Food Donations

This law protects a charitable or nonprofit organization that receives and distributes donated food, without charge, from civil liability based on strict liability for any injury or death resulting from the condition of such food.

Type: State Laws & Regulations Region: Southeast State: Mississippi Citation: MISS. CODE ANN. § 95-7-5 (1983).

South Carolina – Liability for Food Donor

This law protects a food donor who donates to a charitable or nonprofit organization or food bank for free distribution from criminal or civil liability for an injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: South Carolina Citation: S.C. CODE § 15-74-20 (1992).

Iowa – Liability of Food Donor and Organizations Receiving Food Donations

This law protects gleaners, restaurants, food establishments, food service establishments, schools, manufacturers of foodstuffs, meat or poultry establishments, or other persons who donate food to a charitable or nonprofit organization or government agency for free distribution from criminal or civil liability arising from the condition of the food, except in cases of negligence, recklessness, intentional misconduct, or actual or constructive knowledge that the food is not fit for human consumption. The law also protects the charitable or nonprofit organization receiving the donation from criminal or civil liability, except in cases of negligence.

Type: State Laws & Regulations Region: Midwest State: Iowa Citation: IOWA CODE § 672.1 (2008).

Missouri – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor who donates any canned or perishable food to a charitable or nonprofit organization, and a charitable or nonprofit organization that accepts, collects, transports, receives, or distributes donated food for free distribution, from criminal or civil liability for any injury arising out of the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Mountain State: Missouri Citation: MO. REV. STAT. § 192.081 (2006).

Missouri – Liability of Food Donor and Organizations Receiving Food Donations – Venison

This law protects a food donor who donates any canned or perishable food or frozen and packaged venison to a charitable or nonprofit organization, and a charitable or nonprofit organization that accepts, collects, transports, receives, or distributes such donated food for free distribution, from criminal or civil liability for any injury arising out of the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct. The law also provides that a food donor or charitable or nonprofit organization must comply with certain provisions regarding donated, frozen, and packaged venison.

Type: State Laws & Regulations Region: Mountain State: Missouri Citation: MO. REV. STAT. § 537.115 (2020).

New York – Liability Exemption for Premises Gleaned

This law provides that an owner, lessee, or occupant of premises, owes no duty to keep the premises safe for hunting, fishing, or organized gleaning, or for recreational purposes, or to give warning of any hazardous condition, use, structure, or activity to persons entering for such purposes. Further, this law provides that an owner, lessee, or occupant of premises who allows such activities on the premises does not incur liability or create a duty of care by granting permission for entry. The exemption does not extend to liability for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity, or where a person paid the landowner for permission to enter and engage in the previously mentioned activities.

Type: State Laws & Regulations Region: Northeast State: New York Citation: N.Y. GEN. OBLIG. LAW § 9-103 (1984).

North Dakota – Liability for Food Donors and Organizations Receiving Donations

This law protects donors and gleaners, as well as recipient organizations, from criminal or civil liability for injuries resulting from the condition of food distributed at no charge, except in cases of gross negligence or willful conduct.

Type: State Laws & Regulations Region: Mountain State: North Dakota Citation: N.D. CENT. CODE § 19-05.1 (1983).

Oklahoma – Liability for Food Donation

This law protects any food donor who donates to a charitable organization or nonprofit corporation from civil or criminal liability for any injury resulting from the condition of the donated food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southwest State: Oklahoma Citation: OKLA. STAT. tit. 76 § 5.6 (2013).

Oregon – Liability of Food Gleaners, Donors, and Distributors

This law protects a gleaner or food donor who donates food to a charitable or nonprofit organization for distribution at no or minimal charge from criminal or civil liability for injury arising from the condition of the food, unless caused by gross negligence, recklessness, or intentional conduct. Charitable or nonprofit organizations share the same protection.

Type: State Laws & Regulations Region: Western State: Oregon Citation: OR. REV. STAT. § 30.890 (1989).

Mississippi – Liability of Food Donor

This law protects any person who donates food to a charitable or nonprofit organization from civil liability for any injury or death arising out of the condition of such food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: Mississippi Citation: MISS. CODE ANN. § 95-7-3 (1983).

Maine – Liability of Food Donors and Organizations Receiving Food Donations

This law protects a food donor who donates canned or perishable food to a charitable or not-for-profit organization, and a charitable or not-for-profit organization that receives and distributes such food without charge, from civil liability arising from injury or death due to the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Northeast State: Maine Citation: ME. REV. STAT. TIT. 14 § 166 (2009).

Maryland – Liability of Farmer Allowing Food Collection

This law protects a farmer who permits a 501(c)(3) charitable organization to enter the farmer's property for the purpose of gleaning, without compensation, from civil liability for any injury in connection with such gleaning while on the property unless the injury results from willful or malicious failure to guard or warn against any dangerous condition, use, structure, or activity.

Type: State Laws & Regulations Region: Mid-Atlantic State: Maryland Citation: MD. CODE ANN. CTS. & JUD. PROC. § 5-404 (1997).

Maryland – Liability of Food Donor

This law protects a person who donates, prepares, serves, or dispenses food to a nonprofit corporation, organization, or association that uses and distributes such food without charge from civil liability arising from the condition of the food, except in cases of gross negligence or willful and wanton misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: Maryland Citation: MD. CODE ANN. CTS. & JUD. PROC. § 5-634 (1997).

Massachusetts – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a person who donates food to a nonprofit corporation, and a nonprofit corporation that distributes and serves donated food without charge or at a charge sufficient only to cover the cost of handling such food, from civil liability for injury resulting from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct, provided that the food is not misbranded or adulterated and that it has been handled in compliance with health department regulations at every stage of the supply chain. Nonprofit organizations distributing or serving food must be inspected and permitted by a local health department; the preparation of food in private homes for donation to a nonprofit organization is exempted from this requirement.

Type: State Laws & Regulations Region: Northeast State: Massachusetts Citation: MASS. GEN. LAWS CH. 94 § 328 (1988).

Minnesota – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food manufacturer, distributor, processor, or a person who donates food to the state, a political subdivision, an institution or facility operated by the state or a political subdivision, a nonprofit charitable organization, or directly to elderly or needy people, from liability except in cases of gross negligence, recklessness, or intentional misconduct. The same protection is extended to food banks, nonprofit charitable organizations, and other food facilities who donate or distribute food without charge.

Type: State Laws & Regulations Region: Midwest State: Minnesota Citation: MINN. STAT. § 604A.10 (1998).

Hawaii – Liability of Landowner Allowing Recreational Activity

A landowner incurs no duty of care or liability to any person who uses the land for recreational purposes without charge, or to any person who enters their land in response to an injured recreational user.

Type: State Laws & Regulations Region: Western State: Hawaii Citation: Haw. Rev. Stat. Ann. § 520-4 (1997) and Haw. Rev. Stat. Ann. § 520-5 (1969)

Nevada – Liability of Food Donor, Organizations Receiving Food Donations, and Farmer Allowing Food Collection

This law protects any person who donates or harvests food or grocery products to a nonprofit charitable organization, and a nonprofit charitable organization that receives or distributes such food without charge, from civil liability for any injury or illness resulting from the consumption or use of such food, except in cases of gross negligence or willful misconduct. If the donated food does not comply with state or federal regulations, neither the donor nor the receiving nonprofit charitable organization is civilly liable so long as the donor has informed the nonprofit charitable organization of the condition and the organization reconditions the food to meet those federal and state standards. Further, this law protects an owner or manager of property who allows a person to glean food from that property in order to distribute or donate the food without charge, except in cases of gross negligence or willful misconduct.

Type: State Laws & Regulations Region: Western State: Nevada Citation: NEV. REV. STAT. § 41.491 (2009).

Ohio – Liability for Farmers Allowing Gleaning

This law protects an owner, lessee, renter, or operator of a farm or other real property who allows gleaners on their property from liability for any injury, death, or loss of property resulting from that gleaning, except in cases of negligence, willful or wanton misconduct, or intentionally tortious conduct as defined by the law.

Type: State Laws & Regulations Region: Midwest State: Ohio Citation: OHIO REV. CODE ANN. § 2305.35 (2001).

Ohio – Liability for Food Donors and Organizations Receiving Donations

This law protects a person who donates perishable food or consumer goods to an agency, and an agency that distributes such donated food or goods, from liability that allegedly arises because those foods or goods are not fit for human consumption or use, except in cases of gross negligence or willful or wanton misconduct.

Type: State Laws & Regulations Region: Midwest State: Ohio Citation: OHIO REV. CODE ANN. § 2305.37 (2008).

Wisconsin – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any person engaged in the processing, distribution, or sale of food products who donates or sells at a minimal fee qualified food to a charitable organization, food distribution service, or governmental unit from civil liability for death or injury caused by the donated food.

Type: State Laws & Regulations Region: Midwest State: Wisconsin Citation: WIS. STAT. § 895.51 (2010).

Wyoming – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any person who donates food to a nonprofit organization, and any nonprofit organization that serves or provides such food free of charge, from civil liability for any injury resulting from the condition of the food, except in cases of willful, wanton, or reckless acts of the donor or organization.

Type: State Laws & Regulations Region: Mountain State: Wyoming Citation: WY Stat § 35-7-1301 (1992).

Louisiana – Liability of Farmer Allowing Food Collection

This law protects an owner of farm or forest land who allows a group or individuals to enter the land for the purpose of gleaning, without compensation, from liability for any injury or death in connection with such gleaning while on the land, except in cases of an intentional act or negligence.

Type: State Laws & Regulations Region: Southwest State: Louisiana Citation: LA. REV. STAT. ANN. § 9:2800.4(D) (1993).

Kentucky – Liability of Food Donor and Organizations Receiving Food Donations of Food Not Meeting Safety Standards

This law protects a person or gleaner who donates food that does not meet governmental consumer safety standards to a nonprofit organization from civil or criminal liability if the nonprofit organization: 1) is informed by the donor of the distressed or defective condition of the donation; 2) agrees to recondition the donation to comply with consumer safety standards; and 3) is knowledgeable about the required standards to properly recondition the donation.

Type: State Laws & Regulations Region: Southeast State: Kentucky Citation: KY. REV. STAT. § 411.242 (2017).

Louisiana – Liability of Food Donor – 1

This law protects restaurants, churches, civic organizations, schools, individuals, farmers, manufacturers, processors, packers, wholesalers, or retailers who donate perishable food to a feeding program from liability, except in cases of intentional act or omissions or negligence.

Type: State Laws & Regulations Region: Southwest State: Louisiana Citation: LA. REV. STAT. ANN. § 9:2799.3 (2014).

Indiana – Liability of Farmer Allowing Food Collection

This law protects an operator who allows persons to enter the land for the purpose of gleaning agricultural products, without compensation, from civil liability for any injury incurred by the person collecting the food while on the land, except in cases of gross negligence or willful or wanton misconduct.

Type: State Laws & Regulations Region: Midwest State: Indiana Citation: IND. CODE § 34-30-3-1 (1998).

Kansas – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor who donates canned or perishable food to a charitable or not-for-profit organization, and the charitable or not-for-profit organization that receives and distributes such food without charge, from criminal or civil liability arising from an injury or death due to the condition of such food, except in cases of willful, wanton, malicious, or intentional misconduct.

Type: State Laws & Regulations Region: Mountain State: Kansas Citation: KAN. STAT. ANN.§ 65-687 (1996).

California – Liability of Food Donor

This law protects any county, county agency, or person who donates any agricultural product from liability for any injury in connection with such donated product, except in a case of gross negligence or willful act.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. FOOD & AGRIC. CODE § 58505 (1977).

Indiana – Liability of Food Donor

This law protects a person who makes a gift of a food item, an agricultural product, or livestock to a charitable entity from civil liability arising from the use, condition, quality, or content of the gift, except in cases of misconduct or knowing violation of a food safety law.

Type: State Laws & Regulations Region: Midwest State: Indiana Citation: IND. CODE § 34-30-5-1 (2013).

Alabama – Liability of Farmer Allowing Food Collection

This law provides that representatives of a nonprofit organization allowed onto a farmer's land are owed the same duty of care as a trespasser. This limits a farmer's liability in case of any accident.

Type: State Laws & Regulations Region: Southeast State: Alabama Citation: ALA. CODE § 6-5-343 (2004).

Alabama – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a donor of canned or perishable food to a charitable or nonprofit organization, and the charitable or nonprofit organization that distributes this food for free, from criminal or civil liability arising from an injury or death due to the condition of the food, as long as their actions are in good faith.

Type: State Laws & Regulations Region: Southeast State: Alabama Citation: ALA. CODE § 20-1-6 (1981).

Alaska – Liability of Food Donor

This law protects a food donor who donates food for free distribution by a food bank from liability for injury or death resulting from the condition of the food, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Western State: Alaska Citation: ALASKA STAT. § 17.20.345 (2004).

Alaska – Liability of Organizations Receiving Food Donations

This law protects a food bank or charitable organization that receives and distributes food from liability for injury or death resulting from the condition of the food, as long as it inspects the food and deems it to be fit for human consumption, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Western State: Alaska Citation: ALASKA STAT. § 17.20.346 (2004).

Arkansas – Liability of Food Donor

This law protects a donor of canned or perishable food to a charitable organization for free distribution or distribution at a nominal cost from liability for injury or death related to the condition of the food, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Southwest State: Arkansas Citation: ARK. CODE ANN. § 20-57-103 (2012).

California – Liability of Farmer Allowing Food Collection

This law protects an owner, tenant, or lessee who allows gleaning on their land from liability for injuries, except in the case of negligence or misconduct. The protection does not apply if the farmer is paid for allowing the gleaning.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. CIV. CODE § 846.2 (1988).

Colorado – Liability of Food Donor and Organizations Receiving Food Donations

This law protects farmers, retail food establishments, processors, distributors, and wholesalers who donate food items to a nonprofit organization, and the nonprofit organization when it distributes such food without charge, from civil or criminal liability for damages resulting from the nature, age, condition, or packaging of such donated foods, except for willful or reckless acts.

Type: State Laws & Regulations Region: Mountain State: Colorado Citation: COLO. REV. STAT. § 13-21-113 (2016).

Connecticut – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any person who donates food to a nonprofit organization, and any nonprofit organization that distributes food for free or for a minimal fee, from civil or criminal liability for damages resulting from the condition of the food, unless the person or organization knew or had reason to believe that the food was adulterated or not fit for human consumption.

Type: State Laws & Regulations Region: Northeast State: Connecticut Citation: CONN. GEN. STAT. § 52-557l (2012).

District of Columbia – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor who donates to a charitable or not-for-profit organization, and the charitable or not-for-profit organization which receives and distributes such food without charge or at a nominal charge, from criminal or civil liability arising from an injury or death due to the condition of such food, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: District of Columbia Citation: D.C. CODE § 48-301 (2002).

Florida – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor or gleaner who donates any canned or perishable food to a charitable or nonprofit organization, and the charitable or nonprofit organization which accepts, collects, transports, or distributes such food without charge from criminal or civil liability arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: Florida Citation: FLA. STAT. § 768.136 (2014).

Florida – Liability of Farmer Allowing Food Collection

This law protects any farmer who allows persons to enter the land for the purpose of gleaning from civil liability arising from an injury or death resulting from the nature or condition of the land or crops, except in cases of negligence or intentional act.

Type: State Laws & Regulations Region: Southeast State: Florida Citation: FLA. STAT. § 768.137 (1997).

Hawaii – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any food donor who donates to a charitable, religious, or nonprofit organization, and the charitable, religious, or nonprofit organization which receives and distributes such food at no charge, from criminal or civil liability for injury or illness resulting from the condition of the donated food, except in cases of gross negligence or wanton acts or omissions.

Type: State Laws & Regulations Region: Western State: Hawaii Citation: HAW. REV. STAT. § 145D-2 (2021).

Idaho – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any food donor or gleaner who donates any perishable or nonperishable food to a charitable or nonprofit organization for free distribution from criminal or civil liability arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct. This law does not limit any liability of the charitable or nonprofit organization that accepts perishable food items.

Type: State Laws & Regulations Region: Western State: Idaho Citation: IDAHO CODE ANN. § 6-1302 (1980).

Vermont – Liability of Food Donor

This law protects a donor who donates any canned or perishable food or farm product to a charitable or nonprofit organization for free distribution from criminal or civil liability arising from the condition of the food, except in cases where the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated or harmful to the health or well-being of the person consuming said food.

Type: State Laws & Regulations Region: Northeast State: Vermont Citation: VT. STAT. ANN. tit. 12 § 5762 (1983).

Wisconsin – Liability of Landowner Allowing Recreational Activity

Property owners have no duty to keep the property safe for recreational activities or warn of unsafe conditions. Recreational activities include harvesting the products of nature and participating in agritourism activities. However, property owners are liable if the injury was caused by the owner's malicious failure to warn of a known unsafe condition or other malicious conduct.

Type: State Laws & Regulations Region: Midwest State: Wisconsin Citation: WIS. STAT. §895.52.(1983)

Maine – Liability of Landowner Allowing Recreational or Harvesting Activity

A landowner, lessee, or occupier may grant permission to persons to harvest field products free of charge from the property. The landowner, lessee, or occupier who grants permission is not liable unless they fail to warn against a dangerous condition, use, structure, or activity.

Type: State Laws & Regulations Region: Northeast State: Maine Citation: Me. Rev. Stat. tit. 14, § 159-A (1995)

Illinois – Liability of Landowner Allowing Recreational Activity

These laws specifies that a landowner owes no duty of care to a person who uses the land for recreation or conservation purposes without charge, except in case of willful and wanton failure to guard or warn against a dangerous condition.

Type: State Laws & Regulations Region: Midwest State: Illinois Citation: 745 Ill. Comp. Stat. Ann. 65/3 and 745 Ill. Comp. Stat. Ann. 65/6 (2001)

Connecticut – Liability of Farmer Allowing Food Collection

Any landowner who invites or permits a person to enter their land to harvest firewood, with or without charge, or fruits or vegetables, without charge, or engage in maple-sugaring activities on behalf of a nonprofit organization for use by or distribution to a nonprofit organization is not liable for damages as a result of injury to that person while harvesting unless the injury is caused by the owner's failure to warn of a dangerous hidden hazard known to the owner.

Type: State Laws & Regulations Region: Northeast State: Connecticut Citation: CT. Gen. Stat. §52-557k (2019)

New Hampshire – Liability of Landowner Allowing Recreational Activity

An owner, occupant, or lessee of land who permits any person to use land for recreational purposes or as a spectator of recreational activity, without charge, is not liable for personal injury or property damage unless the owner intentionally caused the injury. Further, a landowner who permits another person to gather produce under a pick-your-own model, as long as the person is not an employee, is not liable for personal injury or property damage except in cases of willful, wanton, or reckless conduct.

Type: State Laws & Regulations Region: Northeast State: New Hampshire Citation: N.H. Rev. Stat. Ann. § 508:14 (2006)

Nevada – Limitation of Liability for Gleaning and Recreational Gardening

This law provides that an owner, lessee, or occupant of any premises has no duty to keep the premises safe for entry or use by others for participating in any recreational activity, including gleaning, or to give warning of any hazardous condition, activity, or use. The law does not limit liability for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; injury of persons who paid a fee to participate in the recreational activity on the premises; or injury of persons to whom a duty of care is owed (for example, an employee).

Type: State Laws & Regulations Region: Western State: Nevada Citation: NEV. REV. STAT. § 41.510 (2007).

Louisiana – Liability of Food Donor – 2

This law protects food banks and their designated distributors as well as individuals, farmers, food service establishments, schools, churches, civic organizations, manufacturers, processors, packers, restaurants, wholesalers, and retailers who donate to food banks from liability caused by the condition of donated food, vitamins, or wild game, except in cases of intentional acts or omissions or negligence.

Type: State Laws & Regulations Region: Southwest State: Louisiana Citation: LA. REV. STAT. ANN. § 9:2799 (2014).

Illinois – Liability of Food Donor

This law protects wild game donors, farmers. food producers, processors, distributors, wholesalers, retailers, gleaners, nonprofit corporations, charitable organizations, or any other persons who donate perishable canned or farm food items, prepared food, day old bread, or wild game from civil liability for illness or disease resulting from the nature, age, condition, or packaging of the food, except in cases of willful, wanton, or reckless acts.

Type: State Laws & Regulations Region: Midwest State: Illinois Citation: 745 ILL. COMP. STAT. 50/3 (2001).

Georgia – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor or gleaner who donates any canned or perishable food to a charitable or nonprofit organization, and the charitable or nonprofit organization which accepts such food for use or distribution, from criminal or civil liability arising from the condition of the food, except in cases of recklessness or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: Georgia Citation: GA. CODE ANN. § 51-1-31 (1990).

Arkansas – Liability of Farmer Allowing Food Collection

This law protects an owner, tenant, or lessee who allows gleaning of agricultural or farm products on their land. Also protects in the case of "u-pick" farm operations.

Type: State Laws & Regulations Region: Southwest State: Arkansas Citation: ARK. CODE ANN. § 18-60-107 (2019).

Michigan – Liability of Farmer Allowing Food Collection

This law protects an owner, tenant, or lessee of land who allows persons to enter the land without charge for the purpose of gleaning agricultural or farm products from liability for any injury in connection with such gleaning while on the land, except in cases of gross negligence or willful and wanton misconduct.

Type: State Laws & Regulations Region: Midwest State: Michigan Citation: MICH. COMP. LAWS § 324.73301(4) (2017).

North Carolina – Liability for Farmer Allowing Gleaning

This law provides that any farmer who allows gleaning on their land without compensation owes to the gleaners the same duty of care a farmer owes a trespasser. North Carolina courts interpret the law to impose a duty on a landowner to act without willfully or wantonly causing injury.

Type: State Laws & Regulations Region: Southeast State: North Carolina Citation: N.C. GEN. STAT. § 106-706 (1992).

Tennessee – Liability for Landowners

This law provides that a landowner, lessee, occupant, or any person in control of land owes no duty of care to keep such land or premises safe for entry or use for recreational activities including fruit and vegetable picking for the participant's own use, and is not required to give any warning of hazardous conditions, uses, structures, or activities.

Type: State Laws & Regulations Region: Southeast State: Tennessee Citation: Tenn. Code Ann. § 70-7-102 (2015).

New Hampshire – Protection for Donors and Distributors of Food

This law protects food donors who donate to charitable or nonprofit organizations and charitable or nonprofit organizations that receive and distribute donated food, without charge or at a charge that is only enough to cover the cost of handling and administering such food, from criminal or civil liability for any injury arising out of the condition of the food. However, the law does not grant protection from liability in cases of gross negligence, recklessness, or intentional misconduct, or if at the time when the food is donated, distributed, or served it has been misbranded, adulterated, or in violation of applicable regulations. The law extends similar protection to donors of food for other purposes, such as animal feed or composting.

Type: State Laws & Regulations Region: Northeast State: New Hampshire Citation: N.H. REV. STAT. ANN. § 508:15 (1995).

Mississippi – Required Label

This law requires any charitable or nonprofit organization that distributes food to label it, or to post in a dining hall where prepared foods are served, with language stating that the food is not for resale and that pursuant to state law the organization is not liable in any civil action based on strict liability for any injury or death resulting from the condition of the food.

Type: State Laws & Regulations Region: Southeast State: Mississippi Citation: MISS. CODE ANN. § 95-7-9 (1983).

Pennsylvania – Immunity for Food Donor

This law protects any person who donates food to a charitable or religious organization for free distribution from criminal or civil liability for any injury arising from the condition of such food, except in cases of negligence, recklessness, intentional misconduct, or if the donor has, or should have had, actual or constructive knowledge that the food is tainted, contaminated or harmful to the health or well-being of the ultimate recipient.

Type: State Laws & Regulations Region: Mid-Atlantic State: Pennsylvania Citation: 10 P.S. § 354 (1981).