An Act concerning civil and criminal liability; relating to certain donors and distributors of food; amending K.S.A. 65-687 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 65-687 is hereby amended to read as follows: 65- 687. (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 con- dition. 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, refrig- erated or frozen.

(b) All other provisions of law notwithstanding, a good faith donor of canned or perishable 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 donated, to a bona fide charitable or not for profit organization for free distribution 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 negligence, recklessness or willful, wanton, malicious or intentional misconduct of such 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 consump- tion 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 con- dition of such food unless such injury or death is a direct result of the negligence, recklessness or willful, wanton, malicious or intentional mis- conduct 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 ap- pearance, 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.

Sec. 2. K.S.A. 65-687 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 3, 1996.