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SNL1997 cD-26.1

DONATION OF FOOD ACT

Amended:

CHAPTER D-26.1

AN ACT RESPECTING THE GOOD FAITH DONATION AND DISTRIBUTION OF FOOD

(Assented to May 20, 1997)

Analysis

Short title

Liability

Non-application

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

This Act may be cited as the Donation of Food Act.

1997 cD-26.1 s1

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Liability

(1) A person who donates food or who distributes donated food to another person is not liable for damages resulting from injury or death caused by the consumption of the food unless

(

a) the food was adulterated, rotten or otherwise unfit for human consumption; and

(

b) in donating or distributing the food, the person

(

i) intended to injure or to cause the death of the recipient of the food, or

(ii)

acted with reckless disregard for the safety of others.

(2) A director, officer, agent, employee or volunteer of a corporation that donates food or that distributes donated food is not personally liable for any damages resulting from injury or death caused by the consumption of the food unless

(

a) the food was adulterated, rotten or otherwise unfit for human consumption; and

(

b) in donating or distributing the food, the director, officer, agent, employee or volunteer,

(

i) acted beyond the scope of his or her role as director, officer, agent, employee or volunteer, and

(ii)

intended to injure or to cause the death of the recipient of the food, or

(iii)

acted with reckless disregard for the safety of others.

1997 cD-26.1 s2

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Non-application

This Act does not apply to a person who distributes donated food for profit.

1997 cD-26.1 s3

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