DE HB52

Replaces the outdated 1982 food donation immunity law with provisions consistent with the federal Bill Emerson Good Samaritan Food Donation Act of 1996.

Extends immunity from civil or criminal liability to donors, gleaners, and food processors who in good faith donate food to nonprofit organizations or state agencies for free distribution, unless gross negligence, recklessness, or intentional misconduct caused injury or death.

Specifically includes perishable food and wild game (deer, game birds, fish, shellfish) within the definition of protected donated food, including those providing processing services for wild game donations.

Prohibits immunity if nonprofit organizations sell or resell donated food rather than distributing it without charge.

Requires the Division of Public Health to review its regulations limiting donated food use within one year and report findings to the Governor and General Assembly on retaining, modifying, or terminating such regulations.