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California Civil Code Section 1714.25

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1714.25

1714.25.  (a) Except for injury resulting from negligence or a
willful act in the preparation or handling of donated food, no food
facility that donates any food that is fit for human consumption at
the time it was donated to a nonprofit charitable organization or a
food bank shall be liable for any damage or injury resulting from the
consumption of the donated food.
   The immunity from civil liability provided by this subdivision
applies regardless of compliance with any laws, regulations, or
ordinances regulating the packaging or labeling of food, and
regardless of compliance with any laws, regulations, or ordinances
regulating the storage or handling of the food by the donee after the
donation of the food.
   (b) A nonprofit charitable organization or a food bank that, in
good faith, receives and distributes food without charge that is fit
for human consumption at the time it was distributed is not liable
for an injury or death due to the food unless the injury or death is
a direct result of the negligence, recklessness, or intentional
misconduct of the organization.
   (c) For the purposes of this section:
   (1) "Nonprofit charitable organization" has the meaning defined in
Section 114440 of the Health and Safety Code.
   (2) "Food bank" has the meaning defined in Section 114445 of the
Health and Safety Code.

Last modified: February 22, 2013