§ 99B-10. Immunity for donated food. - North Carolina Statutes

§99B‑10.  Immunity for donated food.

(a)        Notwithstanding theprovisions of Article 12 of Chapter 106 of the General Statutes, or any otherprovision of law, any person, including but not limited to a seller, farmer,processor, distributor, wholesaler, or retailer of food, who donates an item offood for use or distribution by a nonprofit organization or nonprofitcorporation shall not be liable for civil damages or criminal penaltiesresulting from the nature, age, condition, or packaging of the donated food,unless an injury is caused by the gross negligence, recklessness, orintentional misconduct of the donor.

(b)        Notwithstanding anyother provision of law, any nonprofit organization or nonprofit corporationthat uses or distributes food that has been donated to it for such use ordistribution shall not be liable for civil damages or criminal penaltiesresulting from the nature, age, condition, or packaging of the donated food,unless an injury is caused by the gross negligence, recklessness, or intentionalmisconduct of the organization or corporation. (1979, 2nd Sess., c. 1188, s.1; 1989, c. 365; 1991 (Reg. Sess., 1992), c. 935, s. 2; 1995, c. 522, s. 1.)