§ 89A.004.Exceptions

A single exception applying to both protected parties.

The chapter does not apply to a person who donates a feminine hygiene product or a nonprofit organization that distributes a donated product if the person or organization intentionally or with gross negligence donates or distributes a product that results in injury to or death of an individual.

One provision covering both, where the food donor chapter carries its exceptions inside each protection separately.

The standard is intentional conduct or gross negligence, which is a higher bar than the medical device chapter's "knowing the device would be harmful" or "actual conscious indifference" — though gross negligence as the damages chapter defines it includes the subjective awareness element, so the difference is smaller than it appears.

Note what this chapter does not have. The medical device chapter conditions the nonprofit's protection on carrying liability insurance in the charitable immunity chapter's amounts. There is no such condition here.

An uninsured organization distributing donated hygiene products is fully protected; an uninsured one distributing donated wheelchairs is not protected at all. The distinction presumably reflects the difference in risk between the two categories of goods.

The chapter is short, and this section completes it: a protection for the donor, a protection for the distributor, and one exception removing both for serious fault.