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2007 SESSION
072560796Be it enacted by the General Assembly of Virginia:
1. That § 35.1-14.2 of the Code of Virginia is amended and reenacted as follows:
§ 35.1-14.2. Donations of food to charitable organizations.
A. Any restaurant, licensed by the Department of Health
pursuant to this title and any processor, distributor, wholesaler or retailer
of food, including, but not limited to, a grocery, convenience, or other store
selling food or food products, may donate unserved excess foods to any charity
organization which that is exempt from taxation under 26 U.S.C. §
501 (c) (3), and to political subdivisions for distribution to needy persons.
Charitable organizations engaged in food distribution programs for needy
persons shall notify the local political subdivision of their programs. Upon
the notification of such food distribution programs by such charitable
organizations, the local political subdivision shall provide a list of such
charitable organizations within its jurisdiction to those restaurants and other
food suppliers who request such information. Organizations engaged in such food
distribution programs shall be exempt from civil liability as provided in §
3.1-418.1 for the donors of the food.
B. Charitable organizations prior to engaging in food
distribution programs for needy persons shall comply with the applicable
regulations, including those adopted pursuant to §§ 35.1-11 and 35.1-14
and with the provisions of §§ 35.1-18 and 35.1-21., with the
exception of any state or local regulations that require commercial-grade
kitchens and equipment. For purposes of the exception provided in this
subsection, "charitable organizations" shall include non-profit
homeless shelters and any volunteer who prepares food for such organization.
2. That an emergency exists and this act is in force from its passage.