KDHE Home - News 1999 - News Release

Kansas
Department of Health & Environment
Bill Graves, Governor
Clyde D. Graeber, Secretary

November 16, 1999

Contact: Mike Heideman, 785-296-1529

Good Samaritan Law Applies to Holiday Food Donations

If you're considering donating or distributing food to the needy this holiday season, a state law administered by the Kansas Department of Health and Environment (KDHE) could help ease any concerns you may have over the resulting legal responsibility.

"Essentially, people in Kansas are not liable if a food donation they make in good faith results in injury or death due to the condition of the food," said Secretary of Health and Environment Clyde D. Graeber. "The same applies to organizations which distribute the food," he added.

Graeber said the law does make exceptions if the injury or death "is a direct result of the willful, wanton, malicious or intentional misconduct" of the donor or distributor.

"Obviously, if people know food is already bad or that it will likely spoil before it is served, it is still not acceptable for them to give it away or hand it out," Graeber emphasized. "The statute allows only for donations or distributions made in good faith."

The KDHE Secretary also reminded everyone to always practice good food handling and sanitation practices, especially when serving food to the public. These practices include:

• thorough hand washing immediately before and after preparing and eating food (wash all parts of the hands vigorously with soap and warm running water for 20 seconds, dry with paper towel and use paper towel to turn off water);
• using separate plates and utensils for raw and cooked foods;
• thorough cooking (use a meat thermometer to determine an internal temperature of 165F or higher for 15 seconds for meats);
• keeping hot foods hot (140F or higher) and cold foods cold (41F or lower); and,
• no bare-hand contact when serving ready-to-eat foods (for self-serve salad bars or buffets, separate serving utensils should be provided for each food item).

Graeber echoed a long-standing public health message for those wishing to donate or distribute food over the holidays: "When in doubt, throw it out!"

Chapter 65.--PUBLIC HEALTH

Article 6.--FOOD, DRUGS AND COSMETICS

      65-687.   Limitation on liability of donor for donated food. (a) As used in this act, the following terms shall mean:

      (1)   "Canned food," any food commercially processed and prepared for human consumption.

      (2)   "Perishable food," any food which may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. This term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables and foods which have been packaged, refrigerated or frozen.

      (b)   All other provisions of law notwithstanding, a good faith donor of canned or perishable food, to a bona fide charitable or not for profit organization for ultimate distribution to needy individuals, 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 willful, wanton, malicious or intentional misconduct of the donor.

      (c)   All other provisions of law notwithstanding, a bona fide charitable or not for profit organization which in good faith receives and distributes food, which complies with K.S.A. 65-655 et seq., and amendments thereto, at the time it was donated and which is fit for human consumption at the time it is distributed, without charge, 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 willful, wanton, malicious or intentional misconduct of such organization.

      (d)   The provisions of this act shall govern all good faith donations of canned or perishable food which is not readily marketable due to appearance, freshness, grade, surplus or other conditions, but nothing in this act shall restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.

      History:   L. 1983, ch. 202, § 1; L. 1996, ch. 101, § 1; July 1.