§ 76.004.Liability for Damages from Donated Food

The operative provision, and it protects three different actors.

The donor. A person or gleaner is not subject to civil or criminal liability arising from the condition of apparently wholesome food donated to a church, not-for-profit, or nonprofit organization for distribution to the needy, if the food is apparently wholesome at the time of donation.

The landowner allowing gleaning. A person allowing his or her fields to be gleaned by volunteers for distribution to the needy is not subject to civil or criminal liability arising due to the injury of a gleaner — unless the injury or death results from gross negligence, recklessness, or intentional misconduct.

Note that this second protection is against injury to the volunteer, not against the food. It is a premises protection, and without it a grower would be taking on liability for people walking a working field.

The distributing nonprofit. A nonprofit is not subject to civil or criminal liability arising from the condition of apparently wholesome food it distributes to the needy at no charge, in substantial compliance with applicable local, county, state, and federal laws and rules regarding storage and handling.

"Substantial compliance" is a softer standard than the donor faces, which fits an organization handling large volumes with volunteer labour.

Subsection (d): this chapter does not create any liability. The same disclaimer appears in the recreational use chapter — these provisions limit exposure and create none.