(a) This section shall be known and may be cited as the “Arkansas Good Neighbor Act”.
(b) As used in this section:(1) “Food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption;(2) “Food product” means any substance in liquid, concentrated, solid, frozen, dried, dehydrated, or other form that is sold for ingestion or chewing by humans and is consumed for its taste, nutritional value, or both;(3) “Gleaner” means a person who harvests an agriculture crop that has been donated by the owner for:(A) Free distribution to people; or(B) Donation to a church, religious organization, or other nonprofit organization for ultimate distribution to people; and(4) (A) “Person” means an individual, corporation, partnership, organization, association, or governmental entity.(B) “Person” includes:(i) A retail grocer, wholesaler, hotel, motel, restaurant, caterer, farmer, nonprofit food distributor, school, church, religious organization, or hospital; and(ii) An officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of a corporation, partnership, organization, association, or governmental entity.
(1) “Food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption;
(2) “Food product” means any substance in liquid, concentrated, solid, frozen, dried, dehydrated, or other form that is sold for ingestion or chewing by humans and is consumed for its taste, nutritional value, or both;
(3) “Gleaner” means a person who harvests an agriculture crop that has been donated by the owner for:(A) Free distribution to people; or(B) Donation to a church, religious organization, or other nonprofit organization for ultimate distribution to people; and
(A) Free distribution to people; or
(B) Donation to a church, religious organization, or other nonprofit organization for ultimate distribution to people; and
(4) (A) “Person” means an individual, corporation, partnership, organization, association, or governmental entity.(B) “Person” includes:(i) A retail grocer, wholesaler, hotel, motel, restaurant, caterer, farmer, nonprofit food distributor, school, church, religious organization, or hospital; and(ii) An officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of a corporation, partnership, organization, association, or governmental entity.
(A) “Person” means an individual, corporation, partnership, organization, association, or governmental entity.
(B) “Person” includes:(i) A retail grocer, wholesaler, hotel, motel, restaurant, caterer, farmer, nonprofit food distributor, school, church, religious organization, or hospital; and(ii) An officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of a corporation, partnership, organization, association, or governmental entity.
(i) A retail grocer, wholesaler, hotel, motel, restaurant, caterer, farmer, nonprofit food distributor, school, church, religious organization, or hospital; and
(ii) An officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of a corporation, partnership, organization, association, or governmental entity.
(c) (1) If a food or food product donated by a person or gleaner to a church, religious organization, or other nonprofit organization for the purpose of consumption by individuals whom the church, religious organization, or other nonprofit organization serves does not meet consumer safety standards imposed by federal, state, or local laws, rules, or regulations or is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, the person or the gleaner who donates the food or food product is not subject to civil or criminal liability if the person or gleaner:(A) Makes the donation in good faith; and(B) Informs the church, religious organization, or other nonprofit organization of the condition of the food or food product at the time of donation to the best of his or her knowledge.(2) If a food or food product donated to and distributed by a church, religious organization, or other nonprofit organization for the purpose of consumption by individuals whom the church, religious organization, or other nonprofit organization serves does not meet consumer safety standards imposed by federal law or regulation or state law or rule, or is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, the church, religious organization, or other nonprofit organization is not subject to civil or criminal liability if the church, religious organization, or other nonprofit organization:(A) Distributes the food or food product in good faith; and(B) Informs the individuals who receive the food or food product of the condition of the food or food product at the time of serving or distribution to the best of the church's, religious organization's, or other nonprofit organization's knowledge.
(1) If a food or food product donated by a person or gleaner to a church, religious organization, or other nonprofit organization for the purpose of consumption by individuals whom the church, religious organization, or other nonprofit organization serves does not meet consumer safety standards imposed by federal, state, or local laws, rules, or regulations or is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, the person or the gleaner who donates the food or food product is not subject to civil or criminal liability if the person or gleaner:(A) Makes the donation in good faith; and(B) Informs the church, religious organization, or other nonprofit organization of the condition of the food or food product at the time of donation to the best of his or her knowledge.
(A) Makes the donation in good faith; and
(B) Informs the church, religious organization, or other nonprofit organization of the condition of the food or food product at the time of donation to the best of his or her knowledge.
(2) If a food or food product donated to and distributed by a church, religious organization, or other nonprofit organization for the purpose of consumption by individuals whom the church, religious organization, or other nonprofit organization serves does not meet consumer safety standards imposed by federal law or regulation or state law or rule, or is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, the church, religious organization, or other nonprofit organization is not subject to civil or criminal liability if the church, religious organization, or other nonprofit organization:(A) Distributes the food or food product in good faith; and(B) Informs the individuals who receive the food or food product of the condition of the food or food product at the time of serving or distribution to the best of the church's, religious organization's, or other nonprofit organization's knowledge.
(A) Distributes the food or food product in good faith; and
(B) Informs the individuals who receive the food or food product of the condition of the food or food product at the time of serving or distribution to the best of the church's, religious organization's, or other nonprofit organization's knowledge.
(d) This section does not restrict:(1) Criminal or civil liability that is a direct result of gross negligence, recklessness, or intentional misconduct; or(2) The authority of any appropriate agency to regulate or ban the use of a food or food product that is known to not be fit for human consumption.
(1) Criminal or civil liability that is a direct result of gross negligence, recklessness, or intentional misconduct; or
(2) The authority of any appropriate agency to regulate or ban the use of a food or food product that is known to not be fit for human consumption.
(e) All producers or distributors of food or food products that are licensed or permitted by the state shall be provided notice of the food donation liability and immunity under this section.