                                 CODE OF VIRGINIA

DONATIONS OF FOOD TO CHARITABLE ORGANIZATIONS (§ 35.1-14.2)

A. 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 &#xA7; 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 &#xA7; 3.2-5144 for
the donors of the food.

B. 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.
			For the purposes of this subsection, &#8220;charitable organizations&#8221;
shall include nonprofit homeless shelters and hunger prevention programs.

C. No food donor or food organization, as defined in &#xA7; 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. The Board may issue advisory standards for the safe preparation, handling,
protection, and preservation of food by the organizations exempted in subsection
B.

HISTORY: 1990, c. 755; 1998, c. 641; 2007, cc. 404, 545; 2022, c. 633.