§55-7D-1. Legislative findings.
The Legislature finds that wholesale and retail food
distributors, shipping terminals and other establishments across
the state are disposing of food that could be made available to
those in need. However, many potential food donors are discouraged
from donating this food because of potential liability. The United
States Congress has recognized the need to encourage food
distributors to make otherwise disposed-of food products available
to those in need and has adopted Title 42 United States Code §1791
entitled the "Bill Emerson Good Samaritan Food Donation Act."
This federal law encourages state and local governments to enact
good samaritan or donor liability limitation laws to encourage
private cooperative efforts to provide food for hungry people
within their respective jurisdictions. The Legislature finds that
this is a worthy goal, and therefore it is appropriate for the
state to encourage participation in food donation programs by
providing a statutory framework to protect food donators from
liability for their good faith efforts.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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