53-13-102 - Immunity of good-faith donor or gleaner from liability. - Tennessee Statutes

53-13-102. Immunity of good-faith donor or gleaner from liability.

(a)  The good-faith donor of any apparently wholesome food fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution, or a gleaner of any apparently wholesome food fit for human consumption, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the negligence, recklessness or intentional conduct of the donor or gleaner.

(b)  (1)  The good-faith donor of any apparently wholesome deer meat, fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution or on-site feeding program, shall not be subject to civil damages arising from the condition of the food, unless an injury is caused by the negligence, recklessness or intentional conduct of the donor.

     (2)  As used in subdivision (b)(1), “good-faith donor” means deer hunters, deer meat inspectors, and processing facilities acting in compliance with applicable standards, requirements, and procedures established pursuant to § 53-7-213(e).

(c)  A restaurant, convention center, or other food service establishment that serves food and is regulated pursuant to title 68, chapter 14, when acting as a good faith donor of any apparently wholesome food fit for human consumption, to a bona fide charitable or nonprofit organization that operates a food bank or on-site feeding program, or both, for free distribution of food to combat poverty and hunger, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the donated food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor.

[Acts 1980, ch. 773, § 1; T.C.A., § 52-1602; Acts 1989, ch. 476, § 2; 1992, ch. 862, § 3; 2004, ch. 742, § 1.]