1. (a) Except as provided in subsection (b), a person who in good faith makes a gift of a food item, an agricultural product, or livestock to a charitable entity is not liable for civil damages arising from the use, condition, quality, or content of that food item, agricultural product, or livestock, unless the damages are the result of that person's intentional, knowing, or reckless misconduct (in accordance with the definitions of intentionally, knowingly, and recklessly set out in IC 35-41-2-2 (a) through IC 35-41-2-2 (c)).

2. (b) This section does not apply to a person who makes a gift of a food item to a charitable entity if the use, condition, or quality of the food item results in damages from the person's intentional, knowing, or reckless violation of a food safety law under IC 15-17-5 , IC 15-18-1 , or IC 16-42 (in accordance with the definitions of intentionally, knowingly, and recklessly set out in IC 35-41-2-2 (a) through IC 35-41-2-2 (c)).

   [Pre-1998 Recodification Citation: 34-4-12.5-2.]

As added by P.L.1-1998, SEC.26. Amended by P.L.42-2011, SEC.70; P.L.155-2013, SEC.3.