4-34 - Charitable Donation
Title 4 > 4-34
Sections (8)
4-34-101 - Title.
This chapter is known as “Charitable Donation.”
4-34-102 - Definitions.
For purposes of this chapter: 4-34-102(1) “Agricultural product” means a fowl, animal, fish, vegetable, or other product or article, fresh or processed, that is customary food, or that is proper food for human consumption. 4-34-102(2) “Glean” means to harvest, for free distribution, an agricultural crop that has been donated by the owner. 4-34-102(3) “Government food pantry” means the following when receiving, accepting, gleaning, or distributing food donated under this chapter, or a food pantry sponsored by one of the following that accepts, gleans, or distributes food donated under this chapter:
an association of political subdivisions created under Title 11, Chapter 13, Interlocal Cooperation Act; a county; or a municipality as defined in Section 10-1-104. 4-34-102(4) “Nonprofit charitable organization” means:
an organization that is organized and is operating for charitable purposes and that meets the requirements of the Internal Revenue Service of the U.S. Department of Treasury that exempt the organization from income taxation under the Internal Revenue Code; or a government food pantry. 4-34-102(5) “Wild game” means the same as that term is defined in Section 4-32-105.
4-34-103 - Donation to charitable organization authorized.
Any person engaged in the business of producing, processing, selling, or distributing any agricultural product may donate, free of charge, any such product which is in a fit condition for use as food for human consumption to a nonprofit charitable organization within the state of Utah.
4-34-104 - County surplus food collection and distribution system.
4-34-104(1) To accomplish the purposes of Section 4-34-103, any county may establish and publicize the availability of a surplus food collection and distribution system and may provide information to donee organizations concerning the availability of agricultural products and to donors concerning organizations that desire or need donated agricultural products. 4-34-104(2) Any nonprofit charitable organization needing agricultural products on a regular basis may be listed with the county for the purpose of receiving notice that the products are available.
4-34-105 - Inspection of donated food.
The county may provide for the inspection of donated agricultural products by the county health officer upon the request of the donee nonprofit charitable organization to determine whether the products are fit for human consumption.
4-34-106 - Limitation of liability of donor, nonprofit charitable organization, and county.
In addition to Section 78B-4-502 , except in the event of an injury resulting from gross negligence, recklessness, or intentional conduct, the following are not liable for damages in a civil action or subject to prosecution in a criminal proceeding for injury that occurs as a result of an act or the omission of an act, including injury resulting from ingesting the donated agricultural product or meat from wild game: 4-34-106(1) a county or an agency of a county that participates in good faith in a food donation program; 4-34-106(2) a donor of an agricultural product who participates in good faith in a food donation program; 4-34-106(3) a donor of wild game meat, including a custom meat processor, who complies with Section 4-34-108 and participates in good faith in a food donation program; or 4-34-106(4) a nonprofit charitable organization receiving, accepting, gleaning, or distributing an agricultural product or meat from wild game donated under this chapter in good faith to the nonprofit charitable organization.
4-34-107 - Sale or use of donations by employee of public agency or charity prohibited.
An employee of a nonprofit charitable organization or of a public agency may not sell, offer for sale, use, or consume any agricultural product donated or distributed under this chapter.
4-34-108 - Donation of wild game meat.
4-34-108(1) As used in this section:
“Big game” means the same as that term is defined in Section 23A-1-101. “Custom meat processor” means a person who processes meat but is exempt from licensure under Section 4-32-106 as a licensed meat establishment. “Department” means the Department of Agriculture and Food. 4-34-108(2) Wild game, including big game, lawfully taken by a licensed hunter may be donated to a nonprofit charitable organization to feed individuals in need. 4-34-108(3) Donated wild game meat shall meet the following conditions:
come from an animal in apparent good health before harvest of the animal; come from an animal with intact intestines; be field-dressed immediately after harvest of the animal and be handled in a manner in keeping with generally accepted wild game handling procedures; be processed by a custom meat processor as soon as possible after harvest of the animal; be clearly marked as “not for sale”; be clearly marked as “donated wild game meat” in letters not less than three-eighths of an inch in height; and may not come from a road-kill animal and a road-kill animal may not be donated under this section. 4-34-108(4) A donor or custom meat processor of the wild game meat being donated shall advise the nonprofit charitable organization receiving the donated wild game meat that the donated wild game meat should be thoroughly cooked before human consumption. Before serving donated wild game meat, the nonprofit charitable organization shall prominently post a sign indicating: that the donated wild game meat is donated wild game meat; the type of meat processing used; and that the meat has not been inspected. 4-34-108(5) The Department of Natural Resources may donate wild game meat in the Department of Natural Resources’ possession if this section is followed. 4-34-108(6) A person may not buy, sell, or offer for sale or barter donated wild game meat. 4-34-108(7) The department may examine, sample, seize, or condemn donated wild game meat if the department has reason to believe that the donated wild game meat is unwholesome under Chapter 5, Utah Wholesome Food Act.