West Virginia Code § 55-7D-1

Legislative findings
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The Legislature finds that wholesale and retail food distributors, shipping terminals and
other establishments across the state are disposing of food that could be made available to
those in need. However, many potential food donors are discouraged from donating this food
because of potential liability. The United States Congress has recognized the need to
encourage food distributors to make otherwise disposed-of food products aveailable to those
in need and has adopted Title 42 United States Code §1791 entitled the "Bill Emerson Good
Samaritan Food Donation Act." This federal law encourages state and lrocal governments to
enact good samaritan or donor liability limitation laws to encourage private cooperative
efforts to provide food for hungry people within their respective jurisdictions. The
Legislature finds that this is a worthy goal, and therefore it is appropriate for the state to
encourage participation in food donation programs by providting a statutory framework to
protect food donators from liability for their good faith efforts.

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