A new state law aims to boost food donation and reduce waste by limiting liability for donated food that is past its “best by” date.
According to State Representative Marci Mustello, Act 13 of 2025 amends the free-standing Donated Food Limited Liability Act to limit criminal and civil liability for those who donate food that is fit for human consumption but is past a date code on the food item.
If a donor makes a good faith evaluation that the food is fit for human consumption, the donor will have immunity unless damages result from the negligent, reckless or intentional misconduct of the donor.
Date labels on food are generally established by the manufacturer to indicate the best use-by date for purposes of freshness; however, many potential food donors misinterpret these labels as “expiration dates” or indicators of food safety.
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