Liability of donor

1   A person who donates food, or who distributes donated food, to another person is not liable for damages resulting from injuries or death caused by the consumption of the food unless

(a) the food was adulterated, rotten or otherwise unfit for human consumption, and

(b) in donating or distributing the food, the person intended to injure or to cause the death of any person who consumed the food or acted in reckless disregard for the safety of others.

Liability of director, agent, etc.

2   A director, agent or employee of a corporation, or a volunteer who provides services or assistance to a corporation, that donates food or that distributes donated food is not liable for damages resulting from injuries or death caused by the consumption of the food unless

(a) the food was adulterated, rotten or otherwise unfit for human consumption, and

(b) in donating or distributing the food, the director, agent, employee or volunteer intended to injure or to cause the death of any person who consumed the food or acted with reckless disregard for the safety of others.

Application of Act

3   This Act does not apply to a person who distributes donated food for profit.