Pennsylvania Act 2025-13 — DONATED FOOD LIMITED LIABILITY ACT - DONOR IMMUNITY

Act text

Session of 2025

No. 2025-13

HB 615

AN ACT

Amending the act of July 10, 1981 (P.L.234, No.76), entitled "An act providing limited civil and criminal immunity to persons donating food to charitable or religious organizations for distribution to needy persons and imposing certain powers and duties on counties," further providing for donor immunity.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 4 of the act of July 10, 1981 (P.L.234, No.76), known as the Donated Food Limited Liability Act, is amended to read:

Section 4. Donor immunity.

(a) General rule.--Notwithstanding any other provision of law, any person who, in good faith, donates food [to a charitable or religious organization] for ultimate free distribution to needy individuals, shall not be subject to criminal or civil liability arising from the condition of such food, if the donor reasonably inspects the food at the time of donation and finds the food fit for human consumption. The immunity provided by this subsection shall not extend to donors where damages result from the negligence, recklessness or intentional misconduct of the donor, or if the donor has, or should have had, actual or constructive knowledge that the food is tainted, contaminated or harmful to the health or well-being of the ultimate recipient.

(b) Condition of food.--The immunity provided by this section is applicable to the good faith donation of food not readily marketable due to considerations not [effecting] affecting its fitness for human consumption , including , but not limited to , appearance, age, freshness, grade [or] , surplus or labeled date code recommended by the manufacturer , but shall not be deemed or construed to restrict the authority of any authorized agency to otherwise regulate or ban the use of such food for human consumption.

Section 2. This act shall take effect immediately.

APPROVED--The 30th day of June, A.D. 2025.

JOSH SHAPIRO