(1) Except as provided in subsection (2), on or after July 1, 1993 an individual, farmer, food producer, processor, distributor, wholesaler, retailer, gleaner, or other person who in good faith donates perishable canned or farm food items or prepared food to a nonprofit corporation or charitable organization for distribution to needy or poor persons is not liable in any civil action based on the theory of warranty, negligence, or strict liability in tort for damages incurred resulting from any illness or disease contracted by the ultimate users or recipients of the food due to the nature, age, condition, or packaging of the food.
  (2) The immunity provided in subsection (1) does not apply if 1 of the following is shown:

Terms Used In Michigan Laws 691.1572

  • Charitable organization: means a benevolent, educational, philanthropic, humane, patriotic, religious, or eleemosynary organization of persons organized for any lawful purpose or purposes not involving pecuniary profit or gain for its officers or members. See Michigan Laws 691.1571
  • Commercial processor: means a person licensed pursuant to the food processing act of 1977, Act No. See Michigan Laws 691.1571
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Donor: The person who makes a gift.
  • Food: means articles used for food or drink for human consumption. See Michigan Laws 691.1571
  • Food producer: includes , but is not limited to, restaurants, bakeries, cafeterias, caterers, and delicatessens. See Michigan Laws 691.1571
  • Gleaner: means a person that harvests a donated agricultural crop for free distribution or nominal-cost distribution. See Michigan Laws 691.1571
  • Person: means an individual, organization, group, association, partnership, corporation, trust, or any combination of these, including persons licensed pursuant to part 129 of the public health code, Act No. See Michigan Laws 691.1571
  • Potentially hazardous food: means either or both of the following:
  (i) A "potentially hazardous food or beverage" as that term is defined in section 12901(1)(c)(xi) of the public health code, Act No. See Michigan Laws 691.1571
  • Prepared food: means food that has been sliced, assembled, formed, mixed, cooked, or subjected to other procedures to make it ready for serving. See Michigan Laws 691.1571
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
    •   (a) That the illness or disease resulted from the willful, wanton, or reckless acts of the donor.
      (b) That the illness or disease resulted from prepared food if both of the following apply:
      (i) The prepared food was a potentially hazardous food at the time it was donated.
      (ii) A law of this state or a rule promulgated by an agency or department of this state concerning the preparation, transportation, storage, or serving of the prepared food was violated at any time before the food was donated.
      (c) That the illness or disease resulted from food in hermetically sealed containers that was not prepared by a commercial processor.
      (d) That the donor had actual or constructive knowledge that the food was tainted, contaminated, or harmful to the health or well-being of the recipient of the donated food.
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