No Liability For Food Donations
There is absolutely no risk of liability in donating your surplus food. The Food Donation Act, 1994 protects good-faith food donors from civil and criminal liability should the product later cause harm to its recipient. Specifically, the Act provides protection for food and grocery products that meet all quality and labeling standards imposed by federal, state and local laws and regulation, even though the food may not be readily marketable due to appearance, age, freshness, size, surplus or other conditions.
The Food Donation Act
This act has been in force since June 23, 1994, to encourage donation of food and grocery products to non-profit organizations for distribution to needy individuals. This law: protects you from liability when you donate or distribute food in good faith to a non-profit organization; protects you, your directors, agents, employees, volunteers from liability should the product donated in good faith later cause harm to the needy recipient.
Donation of Food Act, 1994
S.O. 1994, CHAPTER 19
Consolidation Period: From June 23, 1994 to the e-Laws currency date.
No amendments.
Liability of Donor
1.(1)A person who donates food or who distributes donated food to another person is not liable for damages resulting from injuries 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 intended to injure or to cause the death of the recipient of the food or acted with reckless disregard for the safety of others. 1994, c. 19, s. 1 (1).
Liability of director, agent, etc.
(2)The director, agent, employee or volunteer of a corporation that donates food or that distributes donated food is not personally liable for any damages resulting from injuries 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, agent, employee or volunteer,
(i) did not act in good faith,
(ii) acted beyond the scope of his or her role as director, agent, employee or volunteer, and
(iii) intended to injure or to cause the death of the recipient of the food or acted with reckless disregard for the safety of others. 1994, c. 19, s. 1 (2).
Non-application
2. This Act does not apply to a person who distributes donated food for profit. 1994, c. 19, s. 2.
3. Omitted (provides for coming into force of provisions of this Act). 1994, c. 19, s. 3.
4. Omitted (enacts short title of this Act). 1994, c. 19, s. 4.