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- This law protects you from liability when you donate to a non-profit organization.
- It protects you from civil and criminal liability should the product donated in good faith later cause harm to the needy recipient.
- It standardizes donor liability to exposure. You and your legal counsel no longer have to investigate liability laws in 50 states.
- It sets a liability floor of “gross negligence” or intentional misconduct for persons who donate grocery products. Gross negligence is defined as “voluntary and conscious conduct by a person with knowledge (at the time of conduct) that the conduct is likely to be harmful to the health and well-being of another person.”
- Congress recognized that the provision of food close to the date of recommended retail sale is, in and of itself, not grounds for finding gross negligence. For example, you can donate cereal marked close to code date for retail sale.
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