99B-10. Immunity for donated food.
(a) Notwithstanding the provisions of Article 12 of Chapter 106 of the General Statutes, or any other provision of law, any person, including but not limited to a seller, farmer, processor, distributor, wholesaler, or retailer of food, who donates an item of food for use or distribution by a nonprofit organization or nonprofit corporation shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct of the donor.
(b) Notwithstanding any other provision of law, any nonprofit organization or nonprofit corporation that uses or distributes food that has been donated to it for such use or distribution shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct 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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 99B - Products Liability
§ 99B-1.2 - Breach of warranty.
§ 99B-2 - Seller's opportunity to inspect; privity requirements for warranty claims.
§ 99B-3 - Alteration or modification of product.
§ 99B-4 - Knowledge or reasonable care.
§ 99B-5 - Claims based on inadequate warning or instruction.
§ 99B-6 - Claims based on inadequate design or formulation.
§ 99B-10 - Immunity for donated food.