(a) All other provisions of law notwithstanding, a good faith donor of food which is not known or believed to be unfit for human consumption, as defined in Chapter 1 of this title, or rules issued pursuant to that chapter at the time it is donated to a bona fide charitable or nonprofit organization or directly to an individual for consumption shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the gross negligence or intentional misconduct of such donor.

(b) All other provisions of law notwithstanding, a bona fide charitable or not-for-profit organization which in good faith receives and distributes food which is not known or believed to be unfit for human consumption, as defined in Chapter 1 of this title, or rules issued pursuant to that chapter at the time it is distributed, without charge or at a charge sufficient to cover the cost of handling and preparing such food, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the gross negligence or intentional misconduct of such organization.

(Oct. 8, 1981, D.C. Law 4-39, § 2, 28 DCR 3391; Mar. 8, 1991, D.C. Law 8-245, § 2, 38 DCR 367; May 2, 2002, D.C. Law 14-116, § 3, 49 DCR 1945; Feb. 22, 2019, D.C. Law 22-212, § 201(a), 65 DCR 12927.)

1981 Ed., § 33-801.

D.C. Law 14-116, in subsec. (a), substituted “Chapter 1 of this title, or rules issued pursuant to that chapter” for “§ 8-6:102 of Title 8 of the District of Columbia Health Regulations (published as Title 8 of the District of Columbia Regulations; 1962 Revision, as amended) (’Health Regulations’)”; and, in subsec. (b), substituted “Chapter 1, of this title, or rules issued pursuant to that chapter” for “§ 8-6:102 of Title 8 of the Health Regulations”.

For temporary (90 day) amendment of section, see § 3 of Food Regulation Emergency Amendment Act of 2001 (D.C. Act 14-128, August 3, 2001, 48 DCR 7939).

For temporary (90 day) amendment of section, see § 3 of Food Regulation Legislative Review Emergency Amendment Act of 2001 (D.C. Act 14-147, October 23, 2001, 48 DCR 10183).

For temporary (225 day) amendment of section, see § 3 of Food Regulation Temporary Amendment Act of 2001 (D.C. Law 14-55, December 6, 2001, law notification 49 DCR 356).

Section 8-6:102 of Title 8 of the District of Columbia Health Regulations, referred to in (a) has been superseded by the DCMR. See now 23 DCMR 9902.