Section 58C — Civil Liability Act 2002 (NSW)

(1) A person who donates food (the food donor) does not incur any civil liability in respect of any death or personal injury that results from the consumption of the food if—
(a) the food donor donated the food—
(i) in good faith for a charitable or benevolent purpose, and
(ii) with the intention that the consumer of the food would not have to pay for the food, and
(b) the food was safe to consume at the time it left the possession or control of the food donor, and
(c) where the food was of a nature that required it to be handled in a particular way to ensure that it remained safe to consume after it left the possession or control of the food donor—the food donor informed the person to whom the food donor gave the food of those handling requirements, and
(d) where the food would only have remained safe to consume for a particular period of time after it left the possession or control of the food donor—the food donor informed the person to whom the food donor gave the food of that time limit.
(2) For the purposes of this section, food is safe to consume if it is not unsafe food.

Related sections

• s 58 — Exclusion from protection
• s 58A — Interpretation
• s 58B — Application of Part
• s 59 — Application of Part
• s 60 — Definitions
• s 61 — Protection of volunteers

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