35.1-14.2 - Donations of food to charitable organizations. - Virginia Statutes

§ 35.1-14.2. Donations of food to charitable organizations.

A. Any restaurant, licensed by the Department of Health pursuant to thistitle and any processor, distributor, wholesaler or retailer of food,including, but not limited to, a grocery, convenience, or other store sellingfood or food products, may donate unserved excess foods to any charityorganization that is exempt from taxation under 26 U.S.C. § 501 (c) (3), andto political subdivisions for distribution to needy persons. Charitableorganizations engaged in food distribution programs for needy persons shallnotify the local political subdivision of their programs. Upon thenotification of such food distribution programs by such charitableorganizations, the local political subdivision shall provide a list of suchcharitable organizations within its jurisdiction to those restaurants andother food suppliers who request such information. Organizations engaged insuch food distribution programs shall be exempt from civil liability asprovided in § 3.2-5144 for the donors of the food.

B. Charitable organizations engaged in food distribution programs for needypersons shall be deemed exempt from state and local regulations and localordinances that govern food service and preparation. In addition to acceptingdonations of food as provided in subsection A, such organizations may acceptfood prepared by their employees or volunteers in private homes or infacilities not otherwise licensed as provided in this chapter.

For the purposes of this subsection, "charitable organizations" shallinclude nonprofit homeless shelters and hunger prevention programs.

C. The Board may issue advisory standards for the safe preparation, handling,protection, and preservation of food by the organizations exempted insubsection B.

(1990, c. 755; 1998, c. 641; 2007, cc. 404, 545.)