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745 ILCS 50/3
(745 ILCS 50/3) (from Ch. 56 1/2, par. 2003)
Sec. 3.
Donor's immunity from liability.
(a) Except as provided in subsection (b), no wild game
donor, farmer, food producer, processor, distributor, wholesaler, retailer,
gleaner of food, any other person (if that other person donates food that
has been inspected by either a State or federal authority and has not been
altered after that inspection), a not for profit corporation or
charitable organization whose members provide baked goods that are not
potentially
hazardous, or donor of day old bread,
who in good faith donates perishable canned or farm food items,
prepared food, day old bread,
or wild game to a not for profit corporation or charitable
organization for distribution to nursing homes, needy, or poor persons shall be
liable in any civil action based on the theory of warranty, negligence or
strict liability in tort, for damages incurred resulting from any illness or
disease contracted by the ultimate users or recipients of the food due to the
nature, age, condition, or packaging of the food.
(a-5) The immunity provided under subsection (a) shall apply to any person
or organization that prepares and serves, for specific events, wild game
that has not specifically been raised, harvested, dressed, or inspected for
human consumption in accordance with existing rules and regulations of the U.S.
or State Departments of Agriculture or any other state or federal agencies
empowered to enforce health and safety requirements. Placards shall be
displayed in a conspicuous location throughout the event identifying the food
served as uninspected wild game.
(b) The immunity provided in subsection (a) shall not apply where the
following is shown:
(1) that the illness or disease resulted from the | | willful, wanton, or reckless acts of the donor; or
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(2) that the donor had actual or constructive
| | knowledge that the food was tainted, contaminated, or harmful to the health or well-being of the recipient of such donated food; or
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(3) where the food was in the form of canned goods,
| | that the containers were rusted, leaky, swollen, or otherwise defective to the extent that they could not be sold to members of the general public; provided, however, that the fact that the cans were simply dented does not, in itself, constitute such a defect so as to preclude the grant of immunity provided by subsection (a).
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(Source: P.A. 91-720, eff. 1-1-01.)
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