Page:United States Statutes at Large Volume 104 Part 4.djvu/868

 104 STAT. 3184 PUBLIC LAW 101-610—NOV. 16, 1990 product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item. (7) GROSS NEGUGENCE. —The term "gross negligence" means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (8) INTENTIONAL MISCONDUCT. — The term "intentional misconduct" means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (9) NONPROFIT ORGANIZATION. — The term "nonprofit organization" means an incorporated or unincorporated entity that— (A) is operating for religious, charitable, or educational purposes; and (B) does not provide net earnings to, or ojperate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity. (10) PERSON.— The term "person" means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity. (c) LIABILITY FOR DAMAGES FROM DONATED FOOD AND GROCERY PRODUCTS. — A person or gleaner shall not be subject to civil or criminal liability arising 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 needy individuals, except that this paragraph shall not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the donor constituting gross negligence or intentional misconduct. (d) COLLECTION OR GLEANING OF DONATIONS. —A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals shall not be subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this paragraph shall not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentioned misconduct. (e) PARTIAL COMPLIANCE. —If some or all of the donated food and grocery products do not meet all quality suid labeling standards imposed by Federal, State, and local laws and regulations, the person or gleaner who donates the food and grocery products shall not be subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products— (1) is informed by the donor of the distressed or defective condition of the donated food or grocery products; (2) agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and

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