HB 226 w/ HA 1 — Session Law

… MENDMENT NO. 1 AN ACT TO AMEND TITLES 10 AND 16 OF THE DELAWARE CODE RELATING TO IMMUNITY FROM LIABILITY FOR DONATED FOOD. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend § 8130, Title 10 of the Delaware Co …

… e through and insertions as shown by underline as follows: § 8130. Exemption from liability for donation of prepared food. ---(a) Any person, business or institution who makes a good faith donation of prepared or left-over perishable food …

… food. ---(a) Any person, business or institution who makes a good faith donation of prepared or left-over perishable food which appears to be fit for human consumption at the time it is donated to a charitable organization serving free mea …

… in any civil action or subject to criminal prosecution for any illness, injury or death due to the condition of such food. ---(b) A charitable organization which receives, prepares and serves to the needy public free food which appears to …

… condition of such food. ---(b) A charitable organization which receives, prepares and serves to the needy public free food which appears to be fit for human consumption at the time it is served shall not be liable for damages in any civil a …

… in any civil action or subject to criminal prosecution for any illness, injury or death due to the condition of such food unless the condition is a direct result of the gross negligence, recklessness or intentional misconduct of employees …

… deletions as shown by strike through and insertions as shown by underline as follows: Subchapter III. Immunity for Food Donors Donated Food. § 6820. Food donors exempt from liability. A person, including a farmer, processor, distributor, …

… by strike through and insertions as shown by underline as follows: Subchapter III. Immunity for Food Donors Donated Food. § 6820. Food donors exempt from liability. A person, including a farmer, processor, distributor, wholesaler or retai …