NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 1188
HOUSE BILL 1565

AN ACT TO PROVIDE CIVIL AND CRIMINAL IMMUNITY FOR CERTAIN PERSONS DONATING FOOD TO NONPROFIT ORGANIZATIONS, AND TO AUTHORIZE INFORMATION, REFERRAL AND INSPECTION SERVICES FOR FOOD BANKS.

The General Assembly of North Carolina enacts:

Section 1.  Chapter 99B of the General Statutes is amended by adding a new section to read:
"§ 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.
(b)	Nothing in this section limits the liability of the donee organization or corporation accepting the food."
Sec. 2.  Chapter 106 of the General Statutes is amended by adding a new section to read:
"§ 106-21.2.  Food Bank information and referral service. — The Department of Agriculture may maintain an information and referral service for persons and organizations that have notified the department of their desire to donate food to a nonprofit organization or a nonprofit corporation."
Sec. 3.  Chapter 106 of the General Statutes is amended by adding a new section to read:
"§ 106-141.1.  Inspections of donated food. — (a) The Department of Agriculture is authorized to inspect for compliance with the provisions of Article 12 of Chapter 106 of the North Carolina General Statutes, food items donated for use or distribution by nonprofit organizations or nonprofit corporations, and may establish procedures for the handling of the food items, including reporting procedures concerning the donation of food.
(b)	The Department of Agriculture may apply to Superior Court for injunctive relief restraining the violation of this section.
(c)	Nothing in this section shall limit the duties or responsibilities of the Commission for Health Services or the local boards of health."
Sec. 4.  This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 24th day of June, 1980.