KRS 411.241: Immunity from liability for person, gleaner, or representative of nonprofit

organization for donation of apparently wholesome food or apparently fit

grocery product made in good faith to a nonprofit organization -- Exception --

Immunity from liab ility for 501(c)(3) tax -exempt nonprofit or religious

organization or home-based processor -- Conditions.

(1) (a) A person, gleaner, or paid or unpaid representative of a nonprofit organization

shall not be subject to any civil or criminal liability ar ising from the nature,

age, packaging, or condition of apparently wholesome food or an apparently

fit grocery product that the person or gleaner donates in good faith to a

nonprofit organization for ultimate distribution to people, unless the acts

constitute intentional misconduct.

(b) The protection from liability created by this subsection extends to an

apparently wholesome food or apparently fit grocery product bearing a past -

date expiration date, sell-by date, use-by date, or other date.

(2) (a) A nonpr ofit organization or paid or unpaid representative of a nonprofit

organization shall not be subject to any civil or criminal liability arising from

the nature, age, packaging, or condition of apparently wholesome food or an

apparently fit grocery product t hat the nonprofit organization received as a

donation in good faith from a person or gleaner for ultimate distribution to

people, unless the acts constitute intentional misconduct.

(b) The protection from liability created by this subsection extends to an

apparently wholesome food or apparently fit grocery product bearing a past -

due expiration date, sell-by date, use-by date, or other date.

(3) A person who allows the collection or gleaning of donations on property owned or

occupied by the person, by gleane rs or by paid or unpaid representatives of a

nonprofit organization for ultimate distribution to people, shall not be subject to

civil or criminal liability that arises due to the injury or death of the gleaner or

representative unless the acts constitute intentional misconduct.

(4) A nonprofit or religious organization that is recognized as tax exempt under Section

501(c)(3) of the Internal Revenue Code or a home -based processor shall not be

subject to any civil or criminal liability arising from the produ ction or donation of

safe and apparently wholesome food to a homeless shelter or to individuals

displaced due to a declared natural disaster in accordance with KRS 217.127(4).