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Food Act 2014

Miscellaneous provisions - Immunity, delegation, and review provisions - Protection from civil and criminal liability

352: Immunity of food donors

You could also call this:

"Donating food to help others keeps you safe from trouble if someone gets sick, as long as you followed the rules."

Illustration for Food Act 2014

If you donate food, you are protected from being sued or in trouble with the law if someone gets sick from eating it, as long as the food was safe when it left your hands. You also need to give the person you are giving the food to the information they need to keep the food safe. This protection applies when you donate food to help others, like for a charity, and you do not expect anyone to pay for the food. You are considered a donor if you give food away for a good reason, like to be kind or help someone in need, and you do not want the person who eats the food to pay for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5431609.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 5Miscellaneous provisions
Immunity, delegation, and review provisions: Protection from civil and criminal liability

352Immunity of food donors

  1. A donor is protected from civil and criminal liability that results from the consumption of food donated by the donor if—

  2. the food was safe and suitable when it left the possession or control of the donor; and
    1. as applicable, the donor provided the recipient with the information reasonably necessary to maintain the safety and suitability of the food.

      1. In this section, donor means a person who donates food—

      2. in good faith for a charitable, benevolent, or philanthropic purpose; and
        1. with the intention that the consumer of the food would not have to pay for it.