(745 ILCS 50/4) (from Ch. 56 1/2, par. 2004)
Sec. 4.
(a) Except as provided in subsection (b), a not for profit
corporation or charitable organization which in good faith receives food
for free distribution and which reasonably inspects the food at the time
of donation and finds the food apparently fit for human consumption shall
not be liable in any civil action based on the theory of warranty, negligence,
or strict liability in tort, for damages incurred resulting from any illness
or disease contracted by the ultimate users or recipients of the food due
to the condition of the food.
(b) The immunity provided in subsection (a) shall not apply where the
following is shown:
(1) that the illness or disease resulted from the willful, wanton, or
reckless acts of the not for profit corporation or charitable organization; or
(2) that the corporation or organization had actual or constructive knowledge
that the food was tainted, contaminated, or harmful to the health or well-being
of the recipient of such donated food; or
(3) where the food was in the form of canned goods, that the containers
were rusted, leaky, swollen, or otherwise defective to the extent that they
could not be sold to the members of the general public; provided, however,
that the fact that the cans were simply dented does not, in itself, constitute
such a defect so as to preclude the grant of immunity provided by subsection (a).
(Source: P.A. 82-580.)
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