Michigan Laws 691.1573 – Inspection of food by nonprofit or charitable organization; civil liability; exceptions to immunity
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(1) Except as provided in subsection (2), on or after July 1, 1993 a nonprofit corporation or charitable organization that in good faith receives food for free or nominal cost distribution and that reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption 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 condition 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 691.1573
- 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.
- Food: means articles used for food or drink for human consumption. See Michigan Laws 691.1571
- Nonprofit corporation: means that term as defined in section 108 of the nonprofit corporation act, 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 691.1571Prepared 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 nonprofit corporation or charitable organization.
(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 ultimate user or recipient of the food actually received the food.
(c) That the illness or disease resulted from food in hermetically sealed containers that was not prepared by a commercial processor.
(d) That the corporation or organization 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.