Delaware Code
Subchapter III. Immunity for Donated Food
§ 6821. Definitions.

For purposes of this subchapter:

(1) “Food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended to be used in whole or part for human consumption that is apparently fit for human consumption. “Food” includes nonperishable food, perishable food, and wild game.
(2) “Gleaner” means a person who gleans an agricultural crop that has been donated by the owner of the agricultural crop.
(3) “Gleans” or “gleaned” means to gather an agricultural crop leftover after a harvest.
(4) “Nonperishable food” means any food that has been commercially processed, prepared, and packaged for human consumption and that is intended to remain fit for human consumption without refrigeration for a reasonable length of time.
(5) “Nonprofit organization” means an incorporated or unincorporated entity that is operating for religious, charitable, or educational purposes and does not provide net earnings to, or operate in any other way that inures to the benefit of, any officer, employee, or shareholder of the entity.
(6) “Perishable food” means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. “Perishable food” includes all of the following:

a. Fresh and processed meats, poultry, seafood, dairy products, or bakery products.
b. Eggs in the shell.
c. Fresh fruits and vegetables.
(7) “Person” means an individual, corporation, business trust, estate trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity. “Person” does not include a government; governmental subdivision, agency, or instrumentality; or a public corporation.
(8) “State agency” means any office, department, board, commission, committee, court, school district, board of education, or other instrumentality of the government of this State existing by virtue of an act of the General Assembly or of the Constitution of this State.
(9) “Wild game” means any of the following that are legally taken under the laws of this State:

a. Game animals under § 701 of Title 7.
b. Game birds under § 702 of Title 7.
c. Game fish under § 906 of Title 7.
d. Shellfish under § 1901 of Title 7.