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S.M. 1994, c. 34

The Food Donations Act

Table of contents

(Assented to December 16, 1994)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definition

1

In this Act, "person" includes an unincorporated organization or association.

Liability of donor

2(1)

A person who donates food or who distributes donated food to another person is not liable for damages resulting from injuries or death caused by the consumption of the food unless

(a) the food was adulterated, rotten or otherwise unfit for human consumption; and

(b) in donating or distributing the food, the person intended to injure or to cause the death of the recipient of the food or acted with reckless disregard for the safety of others.

Liability of director, agent, etc.

2(2)

A director, agent, employee or volunteer of a corporation that donates food or that distributes donated food is not personally liable for any damages resulting from injuries or death caused by the consumption of the food unless

(a) the food was adulterated, rotten or otherwise unfit for human consumption; and

(b) in donating or distributing the food, the director, agent, employee or volunteer intended to injure or to cause the death of the recipient of the food or acted with reckless disregard for the safety of others.

Non-application

3

This Act does not apply to a person who distributes donated food for profit.

C.C.S.M. reference

4

This Act may be referred to as chapter F135 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

5

This Act comes into force on the day it receives royal assent.