65-687. Limitation on liability of donor for donated food. (a) As used in this act, the following terms shall mean:
(1) "Canned food," any food commercially processed and prepared for human consumption.
(2) "Perishable food," any food which may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. This term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables and foods which have been packaged, refrigerated or frozen.
(b) All other provisions of law notwithstanding, a good faith donor of canned or perishable food, to a bona fide charitable or not for profit organization for ultimate distribution to needy individuals, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the willful, wanton, malicious or intentional misconduct of the donor.
(c) All other provisions of law notwithstanding, a bona fide charitable or not for profit organization which in good faith receives and distributes food, which complies with K.S.A. 65-655 et seq., and amendments thereto, at the time it was donated and which is fit for human consumption at the time it is distributed, without charge, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the willful, wanton, malicious or intentional misconduct of such organization.
(d) The provisions of this act shall govern all good faith donations of canned or perishable food which is not readily marketable due to appearance, freshness, grade, surplus or other conditions, but nothing in this act shall restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
History: L. 1983, ch. 202, § 1; L. 1996, ch. 101, § 1; July 1.
Structure Kansas Statutes
Article 6 - Food, Drugs And Cosmetics
65-636 Exhibition of title "drugstore," "pharmacy" or "apothecary."
65-643 Caustic or corrosive substances; definition of terms.
65-645 Same; condemnation and disposition.
65-646 Same; enforcement of act.
65-649 Same; sale of household products.
65-655 Food, drug and cosmetic act; title.
65-658 Same; injunction to restrain violation of 65-657.
65-662 Same; minor violations; notice or warning.
65-663 Same; regulations prescribing definitions and standards of identity for food.
65-664 Same; food deemed adulterated, when.
65-665 Same; food deemed misbranded, when.
65-668 Same; drugs or devices deemed adulterated, when.
65-669 Same; drugs or devices deemed misbranded, when.
65-669a New drugs; selling, offering or giving away, restrictions; investigational uses.
65-670 Same; cosmetic deemed adulterated, when.
65-671 Same; cosmetic deemed misbranded, when.
65-672 Same; advertisements of food, drugs, devices or cosmetics deemed false, when.
65-674 Same; free access to establishments and vehicles for inspections and samples.
65-675 Same; reports and dissemination of information.
65-678 Same; cooperation with federal food and drug administration.
65-679 Same; act not to limit authority established under certain other acts.
65-680 Same; invalidity of part.
65-685 Same; enforcement of criminal provisions.
65-687 Limitation on liability of donor for donated food.
65-689 Same; license requirements, fees, inspections, denial, hearing, display; exceptions.
65-690 Same; temporary suspension of license.
65-691 Food establishments and food processing plants; licensure.