Food Donors Liability

NMSA 1978 ch. 41, art. 10

in effect

NMSA 1978, § 41-10-1 Short title

41-10-1. Short title This act [41-10-1 to 41-10-3 and 41-10-4 NMSA 1978] may be cited as the "Food Donors Liability Act". Laws 1981, ch. 100, § 1.

NMSA 1978, § 41-10-2 Definitions

41-10-2. Definitions As used in the Food Donors Liability Act: A. "canned food" means any food commercially processed and prepared for human consumption; B. "gleaner" means any person who harvests for free distribution any part or all of an agricultural crop that has been donated by the owner; C. "nonprofit organization" means any organization which was organized and is operated for charitable purposes and meets the requirements set forth in Section 170 of the Internal Revenue Code; D. "perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. "Perishable food" includes but is not limited to fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables and foods that have been packaged, refrigerated or frozen; and E. "person who donates food" means any individual, partnership, corporation, association, governmental entity or public or private organization of any character which gives food to others, including restaurants, grocery stores, retail and wholesale businesses and community colleges which give or otherwise provide food, directly or indirectly, to the needy or indigent. Laws 1981, ch. 100, § 2; 1989, ch. 168, § 1; 1993, ch. 133, § 2.

NMSA 1978, § 41-10-3 Food donors liability protection; purpose; donors or distributors of canned or perishable food; limit on liability for injury

41-10-3. Food donors liability protection; purpose; donors or distributors of canned or perishable food; limit on liability for injury A. Notwithstanding any other provision of law, any person who donates food in good faith, including the good-faith donor of any perishable or canned food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization or municipality for free distribution or a gleaner of any perishable food, apparently fit for human consumption, shall not be subject to any criminal penalty or be liable for any civil damages arising from the condition of the food unless an injury arising from the food is caused by the gross negligence, recklessness or intentional conduct of the person who donates the food. B. Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization or municipality which in good faith receives food, apparently fit for human consumption, and distributes it at no charge shall not be subject to any criminal penalty or be liable for any civil damages resulting from the condition of the food unless an injury arising from the food is caused by the gross negligence, recklessness or intentional conduct of the organization. C. This section does not restrict the authority of an appropriate governmental agency to regulate or ban the use of any food for human consumption. Laws 1981, ch. 100, § 3; 1987, ch. 137, § 1; 1989, ch. 168, § 2.

NMSA 1978, § 41-10-4 Community college culinary programs as distributors of food

41-10-4. Community college culinary programs as distributors of food Culinary programs at community colleges may prepare food to be delivered off campus for donation to social service agency clients or food provider programs to the needy, indigent or hungry. Laws 1993, ch. 133, § 1.

NMSA 1978, § 41-10-5 Donated game meat products

41-10-5. Donated game meat products A. Wild game meat products may be donated by hunters, taken to a commercial meat processor for preparation and delivery to charitable, religious or other nonprofit organizations and served for human consumption at no charge if transported, stored and processed according to procedures established by the department of environment. B. For purposes of this section, "wild game" means deer, elk, antelope, caribou, ibex, oryx and Barbary sheep. Laws 1997, ch. 78, § 1.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18541/index.doFetched: 10/20/2026