General ProvisionsDonation of Food
Section § 58501
This section defines key terms related to agricultural products and food distribution to help address hunger. An "agricultural product" is any type of food suitable for humans, such as vegetables or meat. A "food bank" is an organization that collects surplus food to give to nonprofits or people in need. A "nonprofit charitable organization" is one that is run for charitable purposes and meets specific tax requirements.
Section § 58502
This law allows businesses and individuals involved in processing, distributing, or selling agricultural products to donate these products, free of charge, to nonprofit charitable organizations in California. It also permits food facilities to donate food directly to recipients. Nonperishable and perishable foods past their shelf life are protected under the California Good Samaritan Food Donation Act if deemed safe for consumption, with perishable foods requiring a good faith assessment for wholesomeness. Additionally, the director can help direct agricultural products to support these charitable efforts.
Section § 58503
This law allows county boards of supervisors to set up and promote a system for collecting and distributing surplus food. This system includes storage facilities and refrigeration equipment for food products and a 24-hour center for sharing information on available agricultural products. Nonprofit organizations needing these products can register with the center to get notified when food donations are available.
Section § 58503.1
To be considered a food bank, an organization in California must meet several requirements. These include having storage and refrigeration for donated food, being a nonprofit with tax-exempt status, keeping inventory records, having liability insurance, and proving local community support through funding and endorsements. Additionally, the board of directors should represent the community they serve.
Section § 58503.2
This law allows the Director of General Services to help food banks by finding and giving them surplus buildings or equipment that the state doesn't need anymore, which they can use for their operations.
Section § 58503.3
This law ensures that other nonprofit organizations can continue distributing agricultural products to nonprofit charities without any restrictions from this chapter.
Section § 58503.4
This law ensures that programs following this chapter must support and not reduce the help provided to families and individuals under the Food Stamp Act of 1977.
Section § 58504
County supervisors can allow the county health officer to inspect food products before they are donated, but only if the recipient requests it. This is to make sure the food is safe for people to eat.
Section § 58505
This law says that if a county or county agency, or a person gives away an agricultural product (like fruits or vegetables), they generally aren't responsible if someone gets hurt from eating it. The only exceptions are if the injury comes from gross negligence (really careless behavior) or a willful act (deliberate action). So, as long as they're not being extremely careless or doing something on purpose, they won't be held liable for any harm from the donation.
Section § 58507
If a nonprofit charity receives agricultural products, they can't sell or transport them out of California unless they don’t meet certain quality standards; in which case they can be sent out of state following specific rules. Products that meet all quality standards are unaffected by this rule.
Also, neither individuals nor public agency employees can sell or use these donated agricultural products except the recipients who receive them as charitable help.
Breaking this law could lead to a fine of up to $1,000.
Section § 58508
This law requires the board of supervisors to ensure that when distributing agricultural products from food collection centers, these products are not given to organizations that have the means to buy them. The purpose is to make sure public resources go to those who genuinely need them.
Section § 58509
This law section outlines the creation of a Food Bank Advisory Committee in California, established through collaboration between state authorities and representatives from food banks and the food industry.
Four food bank representatives (two from northern California and two from southern California) and two food industry representatives (a wholesaler and a manufacturer) will form the committee.
These members are selected by the Governor. Committee members who are not state employees will be reimbursed for expenses incurred while attending meetings.
The committee's responsibilities include advising the Department of Food and Agriculture on setting up new food banks and ensuring the efficient distribution of surplus food across the state.