Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 38A

38A Protection of food donors

(1) A food donor does not incur any civil liability in relation to any act or omission done or made by the food donor, when donating or distributing food in the circumstances mentioned in subsection (2) , giving rise to harm resulting from the consumption of the food.

(2) The circumstances are—

(a) that the food was safe to consume at the time it left the food donor’s possession; and

(b) if the food was of a nature that required it to be handled in a particular way to remain safe to consume after it left the food donor’s possession—that the food donor informed the recipient of the food of the handling requirements; and

(c) if the food only remained safe to consume for a particular period of time after it left the food donor’s possession—that the food donor informed the recipient of the food of the time limit.

(3) In this section—

"recipient" , of the food, means the entity directly receiving the food from the food donor.