GOOD SAMARITAN FOOD DONATION
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- “handling”, in relation to food, includes any one or more of the following:
- (a) cooking, defrosting, heating or preparing the food;
- (b) manufacturing, processing or preserving the food;
- (c) storing or packing the food;
- (d) transporting or delivering the food;
- (e) serving the food;
- “recipient”, of food, means the person directly receiving the food from a food donor;
- “unsafe” and “unsuitable”, in relation to food, have the meanings given respectively by sections 2C and 2D of the Sale of Food Act 1973.
Purpose of Act
3. The purpose of this Act is to encourage food donations —
- (a) to reduce food waste; and
- (b) to increase availability of food for redistribution to food‑insecure communities.
Waiver of criminal and civil liability
4.—(1) A food donor who donates any food shall not be liable in any criminal or civil proceedings in respect of any death or personal injury that results from the consumption of the food if—
- (a) the food was not unsafe and not unsuitable at the time it left the possession or control of the food donor;
- (b) where the food was of a nature that required it to be handled in a particular way to ensure that it remained safe and suitable to consume after it left the possession or control of the food donor, the food donor informed the recipient of the food of those handling requirements;
- (c) where the food would only have remained safe and suitable to consume for a particular period of time after it left the
