                                 CODE OF VIRGINIA

EXEMPTION FROM CIVIL AND CRIMINAL LIABILITY IN CERTAIN CASES (§ 3.2-5144)

A. As used in this section:
			&#8220;Entity&#8221; 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.
			&#8220;Food donor&#8221; means an individual or entity.
			&#8220;Food organization&#8221; means a food bank or any Feeding America
certified food bank or food bank member charity that is exempt from taxation
under &#xA7; 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. 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 &#xA7; 35.1-14.

C. 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.

D. 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.

HISTORY: 1980, c. 516, § 3.1-418.1; 1987, c. 322; 1990, cc. 211, 255, 303;
1998, c. 641; 2008, c. 860; 2022, c. 633.