{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5144.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5144.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5144.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5144.html"}],"law_id":72613,"edition_id":1,"section_id":72613,"structure_id":14568,"section_number":"3.2-5144","catch_line":"Exemption from civil and criminal liability in certain cases","history":"1980, c. 516, \u00a7 3.1-418.1; 1987, c. 322; 1990, cc. 211, 255, 303; 1998, c. 641; 2008, c. 860; 2022, c. 633.","full_text":"A\n\nAs used in this section:\n\t\t\t“Entity” means a farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food, including a grocery, convenience, or other store selling food or food products.\n\t\t\t“Food donor” means an individual or entity.\n\t\t\t“Food organization” means a food bank or any Feeding America certified food bank or food bank member charity that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code that maintains a food storage facility certified by the Department and, where required by ordinance, by the State Department of Health.B\n\nAny entity that donates food to any food organization for use or distribution by the organization shall be exempt from civil liability arising from any injury or death resulting from the nature, age, condition, or packaging of the donated food. The exemption of this section shall not apply if the injury or death directly results from the gross negligence or intentional act of the donor. If the donor is a food service establishment or a restaurant, such donor shall comply with the regulations of the Board of Health with respect to the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods, pursuant to the provisions of § 35.1-14.C\n\nNo food donor or food organization shall be criminally or civilly liable for donating or receiving food past the best-by date as long as all parties are informed and the food is labeled as not meeting all labeling and date requirements. The exemption of this section shall not apply if injury or death directly results from the gross negligence or intentional misconduct of the food donor or food organization.D\n\nAny farmer who gratuitously allows persons to enter upon his own land for purposes of removing any crops remaining in his fields following the harvesting thereof, shall be exempt from civil liability arising out of any injury or death resulting from the nature or condition of such land or the nature, age, or condition of any such crop. The exemption of this section shall not apply if the injury or death directly results from the gross negligence or intentional act of the farmer.","order_by":null,"text":{"0":{"id":261373,"text":"As used in this section:\n\t\t\t“Entity” means a farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food, including a grocery, convenience, or other store selling food or food products.\n\t\t\t“Food donor” means an individual or entity.\n\t\t\t“Food organization” means a food bank or any Feeding America certified food bank or food bank member charity that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code that maintains a food storage facility certified by the Department and, where required by ordinance, by the State Department of Health.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":261374,"text":"Any entity that donates food to any food organization for use or distribution by the organization shall be exempt from civil liability arising from any injury or death resulting from the nature, age, condition, or packaging of the donated food. The exemption of this section shall not apply if the injury or death directly results from the gross negligence or intentional act of the donor. If the donor is a food service establishment or a restaurant, such donor shall comply with the regulations of the Board of Health with respect to the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods, pursuant to the provisions of § 35.1-14.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":261375,"text":"No food donor or food organization shall be criminally or civilly liable for donating or receiving food past the best-by date as long as all parties are informed and the food is labeled as not meeting all labeling and date requirements. The exemption of this section shall not apply if injury or death directly results from the gross negligence or intentional misconduct of the food donor or food organization.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":261376,"text":"Any farmer who gratuitously allows persons to enter upon his own land for purposes of removing any crops remaining in his fields following the harvesting thereof, shall be exempt from civil liability arising out of any injury or death resulting from the nature or condition of such land or the nature, age, or condition of any such crop. The exemption of this section shall not apply if the injury or death directly results from the gross negligence or intentional act of the farmer.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14568,"edition_id":1,"name":"Seizures, Prosecutions, Penalties, and Enforcement","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14561,"metadata":{},"date_created":"2026-06-26 03:48:41","date_modified":"2026-06-26 03:48:41","permalink":{"id":197255,"object_type":"structure","relational_id":14568,"identifier":"4","token":"3.2\/IV\/51\/4","url":"\/3.2\/IV\/51\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14561,"edition_id":1,"name":"Food and Drink","identifier":"51","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":197127,"object_type":"structure","relational_id":14561,"identifier":"51","token":"3.2\/IV\/51","url":"\/3.2\/IV\/51\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12965,"edition_id":1,"name":"Food and Drink; Weights and Measures","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":197125,"object_type":"structure","relational_id":12965,"identifier":"IV","token":"3.2\/IV","url":"\/3.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58815,"structure_id":14568,"section_number":"3.2-5129","catch_line":"Definition of term \"food.\"","url":"\/3.2-5129\/","token":"3.2\/IV\/51\/4\/3.2-5129","metadata":false},{"id":59766,"structure_id":14568,"section_number":"3.2-5130","catch_line":"Inspections required to operate food establishment","url":"\/3.2-5130\/","token":"3.2\/IV\/51\/4\/3.2-5130","metadata":false},{"id":75024,"structure_id":14568,"section_number":"3.2-5131","catch_line":"Right to enter and take samples","url":"\/3.2-5131\/","token":"3.2\/IV\/51\/4\/3.2-5131","metadata":false},{"id":76586,"structure_id":14568,"section_number":"3.2-5132","catch_line":"Notice and warning to place premises in sanitary condition","url":"\/3.2-5132\/","token":"3.2\/IV\/51\/4\/3.2-5132","metadata":false},{"id":64659,"structure_id":14568,"section_number":"3.2-5133","catch_line":"Failure to obey such notice and warning a misdemeanor","url":"\/3.2-5133\/","token":"3.2\/IV\/51\/4\/3.2-5133","metadata":false},{"id":82806,"structure_id":14568,"section_number":"3.2-5134","catch_line":"Condemnation of unsafe food by Commissioner","url":"\/3.2-5134\/","token":"3.2\/IV\/51\/4\/3.2-5134","metadata":false},{"id":75373,"structure_id":14568,"section_number":"3.2-5135","catch_line":"Authority to seize food and dairy products; analysis; disposition of remainder","url":"\/3.2-5135\/","token":"3.2\/IV\/51\/4\/3.2-5135","metadata":false},{"id":72080,"structure_id":14568,"section_number":"3.2-5136","catch_line":"Purchase of samples for analysis","url":"\/3.2-5136\/","token":"3.2\/IV\/51\/4\/3.2-5136","metadata":false},{"id":56211,"structure_id":14568,"section_number":"3.2-5137","catch_line":"Proceeding for forfeiture","url":"\/3.2-5137\/","token":"3.2\/IV\/51\/4\/3.2-5137","metadata":false},{"id":76257,"structure_id":14568,"section_number":"3.2-5138","catch_line":"Judgment as to goods seized; procedure before an appropriate court; appeal","url":"\/3.2-5138\/","token":"3.2\/IV\/51\/4\/3.2-5138","metadata":false},{"id":84491,"structure_id":14568,"section_number":"3.2-5139","catch_line":"Disposition of proceeds from sale of such goods","url":"\/3.2-5139\/","token":"3.2\/IV\/51\/4\/3.2-5139","metadata":false},{"id":59638,"structure_id":14568,"section_number":"3.2-5140","catch_line":"Attorney for the Commonwealth to render legal assistance","url":"\/3.2-5140\/","token":"3.2\/IV\/51\/4\/3.2-5140","metadata":false},{"id":75162,"structure_id":14568,"section_number":"3.2-5141","catch_line":"General duty of attorneys for the Commonwealth; compensation","url":"\/3.2-5141\/","token":"3.2\/IV\/51\/4\/3.2-5141","metadata":false},{"id":81702,"structure_id":14568,"section_number":"3.2-5142","catch_line":"Punishment for hindering Commissioner","url":"\/3.2-5142\/","token":"3.2\/IV\/51\/4\/3.2-5142","metadata":false},{"id":56040,"structure_id":14568,"section_number":"3.2-5143","catch_line":"Enforcement against companies","url":"\/3.2-5143\/","token":"3.2\/IV\/51\/4\/3.2-5143","metadata":false},{"id":72613,"structure_id":14568,"section_number":"3.2-5144","catch_line":"Exemption from civil and criminal liability in certain cases","url":"\/3.2-5144\/","token":"3.2\/IV\/51\/4\/3.2-5144","metadata":false},{"id":76620,"structure_id":14568,"section_number":"3.2-5145","catch_line":"Punishment for failure to comply with requirements of certain chapters","url":"\/3.2-5145\/","token":"3.2\/IV\/51\/4\/3.2-5145","metadata":false}],"previous_section":{"id":56040,"structure_id":14568,"section_number":"3.2-5143","catch_line":"Enforcement against companies","url":"\/3.2-5143\/","token":"3.2\/IV\/51\/4\/3.2-5143","metadata":false},"next_section":{"id":76620,"structure_id":14568,"section_number":"3.2-5145","catch_line":"Punishment for failure to comply with requirements of certain chapters","url":"\/3.2-5145\/","token":"3.2\/IV\/51\/4\/3.2-5145","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5144\/","history_text":"

This law was first created in 1980. The record of its establishment is cataloged in chapter 516 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1987, chapter 322; in 1990, chapters 211, 255, and 303; in 1998, chapter 641<\/a>; in 2008, chapter 860<\/a>; in 2022, chapter 633<\/a>.<\/p>","references":[{"id":79597,"section_number":"35.1-14.2","catch_line":"Donations of food to charitable organizations","order_by":null,"url":"\/35.1-14.2\/"}],"refers_to":false,"permalink":{"id":197317,"object_type":"law","relational_id":72613,"identifier":"3.2-5144","token":"3.2\/IV\/51\/4\/3.2-5144","url":"\/3.2-5144\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5144\/","token":"3.2\/IV\/51\/4\/3.2-5144","dublin_core":{"Title":"Exemption from civil and criminal liability in certain cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5144","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Entity<\/span>” means a farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food, including a grocery, convenience, or other store selling food or food products.\n\t\t\t“Food donor<\/span>” means an individual or entity<\/span>.\n\t\t\t“Food organization<\/span>” means a food bank or any Feeding America certified food bank or food bank member charity that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code that maintains a food storage facility certified by the Department<\/span> and, where required by ordinance<\/span>, by the State Department<\/span> of Health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any entity<\/span> that donates food to any food organization<\/span> for use or distribution by the organization shall be exempt from civil liability arising from any injury or death resulting from the nature, age, condition, or packaging of the donated food. The exemption of this section shall not apply if the injury or death directly results from the gross negligence<\/span> or intentional act of the donor. If the donor is a food service establishment or a restaurant, such donor shall comply with the regulations of the Board<\/span> of Health with respect to the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods, pursuant to the provisions of § 35.1-14<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No food donor<\/span> or food organization<\/span> shall be criminally or civilly liable for donating or receiving food past the best-by date as long as all parties are informed and the food is labeled as not meeting all labeling and date requirements. The exemption of this section shall not apply if injury or death directly results from the gross negligence<\/span> or intentional misconduct of the food donor<\/span> or food organization<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any farmer who gratuitously allows persons to enter upon his own land for purposes of removing any crops remaining in his fields following the harvesting thereof, shall be exempt from civil liability arising out of any injury or death resulting from the nature or condition of such land or the nature, age, or condition of any such crop. The exemption of this section shall not apply if the injury or death directly results from the gross negligence<\/span> or intentional act of the farmer. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTION FROM CIVIL AND CRIMINAL LIABILITY IN CERTAIN CASES (\u00a7 3.2-5144)\n\nA. As used in this section:\n\t\t\t“Entity” means a farmer, processor, distributor, wholesaler, food\nservice establishment, restaurant, or retailer of food, including a grocery,\nconvenience, or other store selling food or food products.\n\t\t\t“Food donor” means an individual or entity.\n\t\t\t“Food organization” means a food bank or any Feeding America\ncertified food bank or food bank member charity that is exempt from taxation\nunder § 501(c)(3) of the Internal Revenue Code that maintains a food\nstorage facility certified by the Department and, where required by ordinance,\nby the State Department of Health.\n\nB. Any entity that donates food to any food organization for use or distribution\nby the organization shall be exempt from civil liability arising from any injury\nor death resulting from the nature, age, condition, or packaging of the donated\nfood. The exemption of this section shall not apply if the injury or death\ndirectly results from the gross negligence or intentional act of the donor. If\nthe donor is a food service establishment or a restaurant, such donor shall\ncomply with the regulations of the Board of Health with respect to the safe\npreparation, handling, protection, and preservation of food, including necessary\nrefrigeration or heating methods, pursuant to the provisions of § 35.1-14.\n\nC. No food donor or food organization shall be criminally or civilly liable for\ndonating or receiving food past the best-by date as long as all parties are\ninformed and the food is labeled as not meeting all labeling and date\nrequirements. The exemption of this section shall not apply if injury or death\ndirectly results from the gross negligence or intentional misconduct of the food\ndonor or food organization.\n\nD. Any farmer who gratuitously allows persons to enter upon his own land for\npurposes of removing any crops remaining in his fields following the harvesting\nthereof, shall be exempt from civil liability arising out of any injury or death\nresulting from the nature or condition of such land or the nature, age, or\ncondition of any such crop. The exemption of this section shall not apply if the\ninjury or death directly results from the gross negligence or intentional act of\nthe farmer.\n\nHISTORY: 1980, c. 516, \u00a7 3.1-418.1; 1987, c. 322; 1990, cc. 211, 255, 303;\n1998, c. 641; 2008, c. 860; 2022, c. 633.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}