Chapter 5 - Donation of Food

California Food and Agricultural Code — §§ 58501-58509

Sections (12)

Amended by Stats. 1984, Ch. 1453, Sec. 3. Effective September 26, 1984.

For purposes of this chapter:

(a)“Agricultural product” means any fowl, animal, vegetable, or other stuff, product, or article which is customary food, or which is proper for food for human beings.

(b)“Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated agricultural products to nonprofit charitable organizations and individuals for the purpose of reducing hunger and nutritional needs.

(c)“Nonprofit charitable organization” means any organization which was organized and is operating for charitable purposes and meets the requirements set forth in Section 214 of the Revenue and Taxation Code.

§ 58502

Amended by Stats. 2017, Ch. 619, Sec. 4. (AB 1219) Effective January 1, 2018.

(a)A person or gleaner engaged in the business of processing, distributing, or selling an agricultural product may donate, free of charge, a product that is in a condition that it may be used as food for human consumption to a nonprofit charitable organization within the state. Food facilities may donate food directly to end recipients for consumption. The donation of nonperishable food that is fit for human consumption, but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act. The donation of perishable food that is fit for human consumption, but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.

(b)To assist in accomplishing the purposes of

this section, the director may divert agricultural products to organizations operating pursuant to this chapter.

§ 58503

Added by Stats. 1977, Ch. 977.

To assist in accomplishing the purposes of Section 58502, the board of supervisors of any county may establish, and publicize the availability of, a surplus food collection and distribution system, consisting of an inventory of storage facilities and refrigeration equipment that are available in the county for such purposes and a 24-hour information and food collection center for receiving and transmitting information as to where agricultural products are available or what organization desires or needs donated agricultural products, and for collecting, receiving, handling, storing, and distributing donated agricultural products. Any nonprofit charitable organization regularly needing agricultural products in its operations may be listed with such center for the purpose of being notified whenever such products are available.

§ 58503.1

Amended by Stats. 2009, Ch. 500, Sec. 46. (AB 1059) Effective January 1, 2010.

In order to qualify as a food bank, an organization shall meet all of the following minimum standards:

(a)It shall have access to storage facilities and refrigeration equipment for the purpose of collecting, receiving, handling, storing, and distributing donated agricultural products.

(b)It shall be incorporated as a nonprofit tax exempt organization and be eligible as a charitable organization under paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code or shall be affiliated with such an organization.

(c)It shall maintain records for the proper control of inventory.

(d)It shall demonstrate the availability of adequate liability insurance to cover the activities conducted pursuant to this chapter.

(e)It shall show local support through funding sources, letters of endorsement, and a board of directors reflective of the community and population to be served.

§ 58503.2

Added by Stats. 1984, Ch. 1453, Sec. 7. Effective September 26, 1984.

To assist in accomplishing the purposes of this chapter and to maximize use of state surplus equipment, the Director of General Services may assist a food bank by locating and providing available state surplus buildings or equipment necessary for the operation of a food bank.

§ 58503.3

Added by Stats. 1984, Ch. 1453, Sec. 8. Effective September 26, 1984.

Nothing in this chapter restricts or limits the operation of any other nonprofit organizations which are engaged in the distribution of agricultural products to nonprofit charitable organizations.

§ 58503.4

Amended by Stats. 1985, Ch. 106, Sec. 43.

Programs operated in accordance with this chapter shall complement, and not in any way lessen, assistance to families and individuals pursuant to the Food Stamp Act of 1977 (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).

§ 58504

Added by Stats. 1977, Ch. 977.

The board of supervisors may provide for the inspection of such products by the county health officer, upon request of the donee, prior to delivery by the donor to determine whether such products may be used as food for human beings.

§ 58505

Added by Stats. 1977, Ch. 977.

Except for any injury resulting from gross negligence or willful act, no county or agency of a county established pursuant to this chapter and no person who donates any agricultural product shall be liable for any injury, including, but not limited to, injury resulting from the ingesting of such agricultural product, as a result of any act, or the omission of any act, in connection with donating any product pursuant to this chapter.

§ 58507

Added by Stats. 1977, Ch. 977.

(a)Any nonprofit charitable organization, that receives any agricultural product pursuant to this chapter, shall not sell or offer to sell any such agricultural product nor move or transfer such product out of the state, provided that any product that does not comply with the requirements of Division 17 (commencing with Section 42501) which is received by a charitable organization situated in this state may be shipped out of the state by such organization in accordance with regulations of the director to assure compliance with the purposes of this chapter.

This subdivision does not apply to agricultural products which comply with all maturity, quality, size, standard pack, container and labeling requirements of Division 17 (commencing with Section 42501).

(b)No person and no employee of a public agency shall sell, offer for sale, use, or consume any agricultural product donated or distributed pursuant to this chapter, except the recipient of an agricultural product provided as charitable assistance by a nonprofit charitable organization who shall use or consume the agricultural product provided.

(c)Any violation of this section is punishable by a fine not exceeding one thousand dollars ($1,000).

§ 58508

Added by Stats. 1977, Ch. 977.

In operating an information and food collection center pursuant to this chapter, the board of supervisors shall provide for the screening of donees to assure that agricultural products which are distributed at public expense are not donated to organizations that are capable of purchasing them.

§ 58509

Amended by Stats. 2013, Ch. 352, Sec. 101. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

(a)The Secretary of Food and Agriculture shall consult with four food bank representatives, two from the northern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two from the southern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two food industry representatives, one wholesaler and one manufacturer, all of whom shall be selected by the Governor and referred to as the Food Bank Advisory Committee.

(b)Members of the

committee who are not state employees shall be paid per diem for their actual expenses in attending committee meetings.

(c)The committee shall do all of the following:

(1)Advise the Department of Food and Agriculture in the establishment of new food banks.

(2)Advise in the adequate and efficient distribution of surplus food commodities to all areas of the state.