(1) (a) No farmer, retail food establishment, correctional facility, school district, hospital, or processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization for use or distribution in providing assistance to needy or poor persons nor any nonprofit organization in receipt of such gleaned or donated food who transfers the food to another nonprofit organization for use or distribution in providing assistance to needy or poor persons is liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the nature, age, condition, or packaging of the donated foods; except that this exemption does not apply to willful, wanton, or reckless acts of donors that result in injury to recipients of donated foods. (b) As used in this section, unless the context otherwise requires: (I) "Correctional facility" has the meaning set forth in section 17-1-102 (1.7). (II) "Hospital" means a hospital licensed pursuant to section 25-3-101. (III) "Nonprofit organization" means any organization that is exempt from the income tax imposed under article 22 of title 39; except that "nonprofit organization" does not include organizations that sell or offer to sell donated items of food. (IV) "Retail food establishment" has the meaning set forth in section 25-4-1602 (14). (V) "School district" has the meaning set forth in section 22-30-103 (13). (2) Nothing in this section relieves any nonprofit organization that serves or provides food to needy persons for their consumption from any liability for any injury, including, but not limited to, injury resulting from ingesting donated foods, as a result of receiving, accepting, gathering, or removing any foods donated under this section; except that a nonprofit organization is not liable for any injury caused by donated food produced pursuant to the "Colorado Cottage Foods Act", section 25-4-1614, C.R.S., unless the nonprofit organization acted unreasonably. (3) Any nonprofit organization that receives any donated items of food pursuant to this section shall not sell or offer to sell any such donated items of food. This prohibition shall not affect the transfer of such donated items of gleaned or donated food between nonprofit organizations, without contemplation of remuneration, for ultimate disposition in accordance with the provisions of this section. (3.5) A farmer who allows one or more individuals to make entry on the farmer's property for the purpose of gleaning produce for donation to a nonprofit organization for use or distribution in providing assistance to needy or poor persons, as described in subsection (1)(a) of this section, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from an injury to any such individuals unless the injury results from a willful or wanton act or omission of the farmer. (4) Nothing in this section is intended to restrict the authority of any appropriate agency to regulate or ban the use of such donated foods for human consumption.
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