{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/35.1-14.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/35.1-14.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/35.1-14.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/35.1-14.2.html"}],"law_id":79597,"edition_id":1,"section_id":79597,"structure_id":14483,"section_number":"35.1-14.2","catch_line":"Donations of food to charitable organizations","history":"1990, c. 755; 1998, c. 641; 2007, cc. 404, 545; 2022, c. 633.","full_text":"A\n\nAny restaurant, licensed by the Department of Health pursuant to this title and any processor, distributor, wholesaler or retailer of food, including, but not limited to, a grocery, convenience, or other store selling food or food products, may donate unserved excess foods to any charity organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, and to political subdivisions for distribution to needy persons. Charitable organizations engaged in food distribution programs for needy persons shall notify the local political subdivision of their programs. Upon the notification of such food distribution programs by such charitable organizations, the local political subdivision shall provide a list of such charitable organizations within its jurisdiction to those restaurants and other food suppliers who request such information. Organizations engaged in such food distribution programs shall be exempt from civil liability as provided in § 3.2-5144 for the donors of the food.B\n\nCharitable organizations engaged in food distribution programs for needy persons shall be deemed exempt from state and local regulations and local ordinances that govern food service and preparation. In addition to accepting donations of food as provided in subsection A, such organizations may accept food prepared by their employees or volunteers in private homes or in facilities not otherwise licensed as provided in this chapter.\n\t\t\tFor the purposes of this subsection, “charitable organizations” shall include nonprofit homeless shelters and hunger prevention programs.C\n\nNo food donor or food organization, as defined in § 3.2-5144, shall be criminally or civilly liable for donating or receiving (i) commercially processed food past the best-by or sell-by date as long as the food meets all labeling and date requirements or (ii) date-marked prepared foods not past the marked disposition date, when the marked date does not exceed seven calendar days from the date of preparation, and the day of preparation is counted as day one. The exemption of this section shall not apply if injury or death directly results from the gross negligence or intentional misconduct of the donor or donee.D\n\nThe Board may issue advisory standards for the safe preparation, handling, protection, and preservation of food by the organizations exempted in subsection B.","order_by":null,"text":{"0":{"id":285179,"text":"Any restaurant, licensed by the Department of Health pursuant to this title and any processor, distributor, wholesaler or retailer of food, including, but not limited to, a grocery, convenience, or other store selling food or food products, may donate unserved excess foods to any charity organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, and to political subdivisions for distribution to needy persons. Charitable organizations engaged in food distribution programs for needy persons shall notify the local political subdivision of their programs. Upon the notification of such food distribution programs by such charitable organizations, the local political subdivision shall provide a list of such charitable organizations within its jurisdiction to those restaurants and other food suppliers who request such information. Organizations engaged in such food distribution programs shall be exempt from civil liability as provided in § 3.2-5144 for the donors of the food.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285180,"text":"Charitable organizations engaged in food distribution programs for needy persons shall be deemed exempt from state and local regulations and local ordinances that govern food service and preparation. In addition to accepting donations of food as provided in subsection A, such organizations may accept food prepared by their employees or volunteers in private homes or in facilities not otherwise licensed as provided in this chapter.\n\t\t\tFor the purposes of this subsection, “charitable organizations” shall include nonprofit homeless shelters and hunger prevention programs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285181,"text":"No food donor or food organization, as defined in § 3.2-5144, shall be criminally or civilly liable for donating or receiving (i) commercially processed food past the best-by or sell-by date as long as the food meets all labeling and date requirements or (ii) date-marked prepared foods not past the marked disposition date, when the marked date does not exceed seven calendar days from the date of preparation, and the day of preparation is counted as day one. The exemption of this section shall not apply if injury or death directly results from the gross negligence or intentional misconduct of the donor or donee.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285182,"text":"The Board may issue advisory standards for the safe preparation, handling, protection, and preservation of food by the organizations exempted in subsection B.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14483,"edition_id":1,"name":"Regulations","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13789,"metadata":{},"date_created":"2026-06-26 03:48:18","date_modified":"2026-06-26 03:48:18","permalink":{"id":208165,"object_type":"structure","relational_id":14483,"identifier":"2","token":"35.1\/2","url":"\/35.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13789,"edition_id":1,"name":"Hotels, Restaurants, Summer Camps, and Campgrounds","identifier":"35.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:53","date_modified":"2026-06-26 03:45:53","permalink":{"id":208117,"object_type":"structure","relational_id":13789,"identifier":"35.1","token":"35.1","url":"\/35.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75966,"structure_id":14483,"section_number":"35.1-11","catch_line":"Regulations generally","url":"\/35.1-11\/","token":"35.1\/2\/35.1-11","metadata":false},{"id":80852,"structure_id":14483,"section_number":"35.1-12","catch_line":"Emergency orders and regulations; Commissioner vested with authority of Board","url":"\/35.1-12\/","token":"35.1\/2\/35.1-12","metadata":false},{"id":55879,"structure_id":14483,"section_number":"35.1-13","catch_line":"Regulations governing hotels","url":"\/35.1-13\/","token":"35.1\/2\/35.1-13","metadata":false},{"id":56754,"structure_id":14483,"section_number":"35.1-14","catch_line":"Regulations governing restaurants; advisory standards for exempt entities","url":"\/35.1-14\/","token":"35.1\/2\/35.1-14","metadata":false},{"id":76554,"structure_id":14483,"section_number":"35.1-14.1","catch_line":"Certain uses of sulfiting agents prohibited","url":"\/35.1-14.1\/","token":"35.1\/2\/35.1-14.1","metadata":false},{"id":79597,"structure_id":14483,"section_number":"35.1-14.2","catch_line":"Donations of food to charitable organizations","url":"\/35.1-14.2\/","token":"35.1\/2\/35.1-14.2","metadata":false},{"id":84176,"structure_id":14483,"section_number":"35.1-15","catch_line":"Training materials","url":"\/35.1-15\/","token":"35.1\/2\/35.1-15","metadata":false},{"id":64293,"structure_id":14483,"section_number":"35.1-15.1","catch_line":"Required human trafficking training","url":"\/35.1-15.1\/","token":"35.1\/2\/35.1-15.1","metadata":false},{"id":86593,"structure_id":14483,"section_number":"35.1-16","catch_line":"Regulations governing summer camps","url":"\/35.1-16\/","token":"35.1\/2\/35.1-16","metadata":false},{"id":72554,"structure_id":14483,"section_number":"35.1-17","catch_line":"Regulations governing campgrounds","url":"\/35.1-17\/","token":"35.1\/2\/35.1-17","metadata":false}],"previous_section":{"id":76554,"structure_id":14483,"section_number":"35.1-14.1","catch_line":"Certain uses of sulfiting agents prohibited","url":"\/35.1-14.1\/","token":"35.1\/2\/35.1-14.1","metadata":false},"next_section":{"id":84176,"structure_id":14483,"section_number":"35.1-15","catch_line":"Training materials","url":"\/35.1-15\/","token":"35.1\/2\/35.1-15","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/35.1-14.2\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 755 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1998, chapter 641<\/a>; in 2007, chapters 404<\/a> and 545<\/a>; in 2022, chapter 633<\/a>.<\/p>","references":false,"refers_to":[{"id":72613,"section_number":"3.2-5144","catch_line":"Exemption from civil and criminal liability in certain cases","order_by":null,"url":"\/3.2-5144\/"}],"permalink":{"id":208187,"object_type":"law","relational_id":79597,"identifier":"35.1-14.2","token":"35.1\/2\/35.1-14.2","url":"\/35.1-14.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/35.1-14.2\/","token":"35.1\/2\/35.1-14.2","dublin_core":{"Title":"Donations of food to charitable organizations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 35.1-14.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any restaurant, licensed by the Department<\/span> of Health pursuant to this title and any processor, distributor, wholesaler or retailer of food, including, but not limited to, a grocery, convenience, or other store selling food or food products, may donate unserved excess foods to any charity organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, and to political subdivisions for distribution to needy persons<\/span>. Charitable organizations<\/span> engaged in food distribution programs for needy persons<\/span> shall notify the local political subdivision of their programs. Upon the notification of such food distribution programs by such charitable organizations<\/span>, the local political subdivision shall provide a list of such charitable organizations<\/span> within its jurisdiction<\/span> to those restaurants and other food suppliers who request such information. Organizations engaged in such food distribution programs shall be exempt from civil liability as provided in § 3.2-5144<\/a> for the donors of the food. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Charitable organizations<\/span> engaged in food distribution programs for needy persons<\/span> shall be deemed exempt from state and local regulations and local ordinances<\/span> that govern food service and preparation. In addition to accepting donations of food as provided in subsection A, such organizations may accept food prepared by their employees or volunteers in private homes or in facilities not otherwise licensed as provided in this chapter.\n\t\t\tFor the purposes of this subsection, “charitable organizations<\/span>” shall include nonprofit homeless shelters and hunger prevention programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No food donor or food organization, as defined in § 3.2-5144<\/a>, shall be criminally or civilly liable for donating or receiving (i) commercially processed food past the best-by or sell-by date as long as the food meets all labeling and date requirements or (ii) date-marked prepared foods not past the marked disposition<\/span> date, when the marked date does not exceed seven calendar days from the date of preparation, and the day of preparation is counted as day one. The exemption of this section shall not apply if injury or death directly results from the gross negligence<\/span> or intentional misconduct of the donor or donee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> may issue<\/span> advisory standards for the safe preparation, handling, protection, and preservation of food by the organizations exempted in subsection B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDONATIONS OF FOOD TO CHARITABLE ORGANIZATIONS (\u00a7 35.1-14.2)\n\nA. Any restaurant, licensed by the Department of Health pursuant to this title\nand any processor, distributor, wholesaler or retailer of food, including, but\nnot limited to, a grocery, convenience, or other store selling food or food\nproducts, may donate unserved excess foods to any charity organization that is\nexempt from taxation under § 501(c)(3) of the Internal Revenue Code, and to\npolitical subdivisions for distribution to needy persons. Charitable\norganizations engaged in food distribution programs for needy persons shall\nnotify the local political subdivision of their programs. Upon the notification\nof such food distribution programs by such charitable organizations, the local\npolitical subdivision shall provide a list of such charitable organizations\nwithin its jurisdiction to those restaurants and other food suppliers who\nrequest such information. Organizations engaged in such food distribution\nprograms shall be exempt from civil liability as provided in § 3.2-5144 for\nthe donors of the food.\n\nB. Charitable organizations engaged in food distribution programs for needy\npersons shall be deemed exempt from state and local regulations and local\nordinances that govern food service and preparation. In addition to accepting\ndonations of food as provided in subsection A, such organizations may accept\nfood prepared by their employees or volunteers in private homes or in facilities\nnot otherwise licensed as provided in this chapter.\n\t\t\tFor the purposes of this subsection, “charitable organizations”\nshall include nonprofit homeless shelters and hunger prevention programs.\n\nC. No food donor or food organization, as defined in § 3.2-5144, shall be\ncriminally or civilly liable for donating or receiving (i) commercially\nprocessed food past the best-by or sell-by date as long as the food meets all\nlabeling and date requirements or (ii) date-marked prepared foods not past the\nmarked disposition date, when the marked date does not exceed seven calendar\ndays from the date of preparation, and the day of preparation is counted as day\none. The exemption of this section shall not apply if injury or death directly\nresults from the gross negligence or intentional misconduct of the donor or\ndonee.\n\nD. The Board may issue advisory standards for the safe preparation, handling,\nprotection, and preservation of food by the organizations exempted in subsection\nB.\n\nHISTORY: 1990, c. 755; 1998, c. 641; 2007, cc. 404, 545; 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}}