[§145D-2] Exceptions to liability. (a) Any donor of food products, who in good faith donates the food for the use or distribution by a charitable, religious, or nonprofit organization to needy persons shall not be liable for any civil damages or criminal penalties for any injuries or illnesses including, but not limited to injuries or illnesses resulting from the nature, age, condition, packaging, or handling of the donated food products, except for such damages as may result from the donor's gross negligence or wanton acts or omissions.
(b) A charitable, religious, or nonprofit organization which in good faith receives food, apparently fit for human consumption, and distributes it to needy persons at no charge, shall not be liable for any civil damages or criminal penalties resulting from the condition of the food unless an injury or illness results from its gross negligence, or wanton acts or omissions.
(c) This section shall not relieve any organization from any other duty imposed upon them by law for the inspection of donated food products or for any provisions regarding the handling of such products. [L 1982, c 260, pt of §2]
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