GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 365
The General Assembly of North Carolina enacts:
Section 1. G.S. 99B-10 reads as rewritten:
"§ 99B-10. Immunity for donated food.
(a) Notwithstanding the
provisions of Article 12 of Chapter 106 of the General Statutes, or any other
provision of law, any person, including but not limited to a seller, farmer,
processor, distributor, wholesaler or retailer of food, who donates an item of
food for use or distribution by a nonprofit organization or nonprofit
corporation shall not be liable for civil damages or criminal penalties
resulting from the nature, age, condition, or packaging of the donated food,
unless it is established that the donor knew or had reasonable grounds to
believe that the food was adulterated as defined in G.S. 106-129 at the time
the donor made the gift. an injury is caused by the gross negligence,
recklessness, or intentional misconduct of the donor. To the extent,
however, that a donor has liability insurance, the donor shall be deemed to
have waived the qualified immunity herein to the extent of indemnification by
insurance for the negligent acts or omissions of the donor.
(b) Nothing in this
section limits the liability of the donee organization or corporation accepting
the food. Notwithstanding any other provision of law, any nonprofit
organization or nonprofit corporation that uses or distributes food that has
been donated to it for such use or distribution shall not be liable for civil
damages or criminal penalties resulting from the nature, age, condition, or
packaging of the donated food, unless an injury is caused by the gross
negligence, recklessness, or intentional misconduct of the organization or
corporation. To the extent, however, that a nonprofit organization or
nonprofit corporation has liability insurance, the organization or corporation
shall be deemed to have waived the qualified immunity herein to the extent of
indemnification by insurance for its negligent acts or omissions."
Sec. 2. This act is effective upon ratification and shall only apply to acts or omissions occurring on or after the effective date of this act.
In the General Assembly read three times and ratified this the 20th day of June, 1989.