§ 4 — Waiver of criminal and civil liability

4.—(1) A food donor who donates any food shall not be liable in any criminal or civil proceedings in respect of any death or personal injury that results from the consumption of the food if —(a)

the food was not unsafe and not unsuitable at the time it left the possession or control of the food donor;

(b)

where the food was of a nature that required it to be handled in a particular way to ensure that it remained safe and suitable to consume after it left the possession or control of the food donor, the food donor informed the recipient of the food of those handling requirements;

(c)

where the food would only have remained safe and suitable to consume for a particular period of time after it left the possession or control of the food donor, the food donor informed the recipient of the food of that time limit; and

(d)

the food donor, before donating the food, took all reasonably practicable measures to comply with any applicable requirement under any written law relating to food safety and food hygiene when handling the food.

(2) This section is additional to any other defence available to the defendant apart from this section.

—(1) A food donor who donates any food shall not be liable in any criminal or civil proceedings in respect of any death or personal injury that results from the consumption of the food if —(a)

the food was not unsafe and not unsuitable at the time it left the possession or control of the food donor;

(b)

where the food was of a nature that required it to be handled in a particular way to ensure that it remained safe and suitable to consume after it left the possession or control of the food donor, the food donor informed the recipient of the food of those handling requirements;

(c)

where the food would only have remained safe and suitable to consume for a particular period of time after it left the possession or control of the food donor, the food donor informed the recipient of the food of that time limit; and

(d)

the food donor, before donating the food, took all reasonably practicable measures to comply with any applicable requirement under any written law relating to food safety and food hygiene when handling the food.

(2) This section is additional to any other defence available to the defendant apart from this section.