N.Y. Agriculture & Markets Law § 71-z: Liability for canned, perishable food or farm products distributed free of charge

§ 71-z. Liability for canned, perishable food or farm products

distributed free of charge. 1. Notwithstanding any other provision of

law, a good-faith donor of any canned or perishable food, farm product,

game or wild game, apparently fit for human consumption, to a bona fide

charitable or nonprofit organization, for free distribution, shall not

be subject to criminal penalty or civil damages arising from the

condition of the food, if the said donor reasonably inspects the food at

the time of donation and finds the food apparently fit for human

consumption and unless the donor has actual or constructive knowledge

that the food is adulterated, tainted, contaminated or harmful to the

health or well-being of the person consuming said food. Such good-faith

donor shall include, but not be limited to, public food service

establishments.

2. This section includes the good faith donation of canned or

perishable food or farm products not readily marketable due to

appearance, freshness, grade, surplus or other considerations, but shall

not be deemed or construed to restrict the authority of any lawful

agency to otherwise regulate or ban the use of such food for human

consumption.

3. A not-for-profit charitable organization shall provide liability

insurance to persons engaged in gleaning activities organized or

sponsored by such charitable organization.