Stricken language would be deleted from and underlined language would be added to present law.
Act 942 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1682 3
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By: Representatives Puryear, Painter, Barker, Bentley, Breaux, Brooks, M. Brown, R. Burkes, Joey Carr, 5
Childress, Cavenaugh, Crawford, Duffield, Eaton, Gramlich, Hall, Holcomb, J. Mayberry, McClure, 6
Milligan, J. Moore, Nazarenko, Ray, R. Scott Richardson, Richmond, Rose, Rye, Unger, Vaught, Walker, 7
Wing 8
By: Senators B. Davis, D. Wallace 9
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For An Act To Be Entitled 11
AN ACT TO CREATE THE GOOD NEIGHBOR ACT; TO CLARIFY 12
FOOD DONATION LIABILITY AND IMMUNITY; AND FOR OTHER 13
PURPOSES. 14
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Subtitle 17
TO CREATE THE GOOD NEIGHBOR ACT; AND TO 18
CLARIFY FOOD DONATION LIABILITY AND 19
IMMUNITY. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 20 -57-103 is repealed. 24
20-57-103. Donors of canned food, live food, or perishable food not 25
liable — Exception — Definitions. 26
(a) As used in this section, unless the context otherwise requires: 27
(1) “Canned food” means any food commercially processed and 28
prepared for human consumption; 29
(2) “Live food” means live or recently deceased animals, such as 30
wild game or farm stock, that may be legally processed for use as food for 31
human consumption; and 32
(3)(A) “Perishable food” means any food which may spoil or 33
otherwise become unfit for human consumption because of its nature, type, or 34
physical condition. 35
(B) “Perishable food” includes without limitation fresh 36 HB1682
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and processed meats, poultry, seafood, dairy products, bakery products, eggs 1
in the shell, fresh fruits and vegetables, and foods which have been 2
packaged, refrigerated, or frozen. 3
(b) The provisions of this section shall govern all good faith 4
donations of perishable food which is not readily marketable due to 5
appearance, freshness, grade, surplus, or other conditions, but nothing in 6
this section shall restrict the authority of any appropriate agency to 7
regulate or ban the use of the food for human consumption. 8
(c) All other provisions of law notwithstanding, a good faith donor of 9
canned food, live food, or perishable food which is apparently fit for human 10
consumption at the time it is donated to a bona fide charitable or not -for-11
profit organization for free distribution or distribution at a nominal cost 12
is not subject to criminal or civil liability arising from an injury or death 13
due to the condition of the food unless the injury or death is a direct 14
result of the gross negligence, recklessness, or intentional misconduct of 15
the donor. 16
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SECTION 2. Arkansas Code Title 20, Chapter 57, Subchapter 1, is 18
amended to add an additional section to read as follows: 19
20-57-105. Arkansas Good Neighbor Act — Food donation liability and 20
immunity — Definitions. 21
(a) This section shall be known and may be cited as the "Arkansas Good 22
Neighbor Act". 23
(b) As used in this section: 24
(1) "Food" means any raw, cooked, processed, or prepared edible 25
substance, ice, beverage, or ingredient used or intended for use in whole or 26
in part for human consumption; 27
(2) “Food product” means any substance in liquid, concentrated, 28
solid, frozen, dried, dehydrated, or other form that is sold for ingestion or 29
chewing by humans and is consumed for its taste, nutritional value, or both; 30
(3) “Gleaner” means a person who harvests an agriculture crop 31
that has been donated by the owner for: 32
(A) Free distribution to people; or 33
(B) Donation to a church, religious organization, or other 34
nonprofit organization for ultimate distribution to people; and 35
(4)(A) “Person” means an individual, corporation, partnership, 36 HB1682
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organization, association, or governmental entity. 1
(B) "Person" includes: 2
(i) A retail grocer, wholesaler, hotel, motel, 3
restaurant, caterer, farmer, nonprofit food distributor, school, church, 4
religious organization, or hospital; and 5
(ii) An officer, director, partner, deacon, trustee, 6
council member, or other elected or appointed individual responsible for the 7
governance of a corporation, partnership, organization, association, or 8
governmental entity. 9
(c)(1) If a food or food product donated by a person or gleaner to a 10
church, religious organization, or other nonprofit organization for the 11
purpose of consumption by individuals the church, religious organization, or 12
other nonprofit organization serves does not meet consumer safety standards 13
imposed by federal, state, or local laws, rules or regulations or is not 14
readily marketable due to appearance, freshness, grade, surplus, or other 15
conditions, the person or the gleaner who donates the food or food product is 16
not subject to civil or criminal liability if the person or gleaner: 17
(A) Makes the donation in good faith; and 18
(B) Informs the church, religious organization, or other 19
nonprofit organization of the condition of the food or food product at the 20
time of donation to the best of his or her knowledge. 21
(2) If a food or food product donated to and distributed by a 22
church, religious organization, or other nonprofit organization for the 23
purpose of consumption by individuals the church, religious organization, or 24
other nonprofit organization serves does not meet consumer safety standards 25
imposed by federal law or regulation or state law or rule, or is not readily 26
marketable due to appearance, freshness, grade, surplus, or other conditions, 27
the church, religious organization, or other nonprofit organization is not 28
subject to civil or criminal liability if the church, religious organization, 29
or other nonprofit organization: 30
(A) Distributes the food or food product in good faith; 31
and 32
(B) Informs the individuals who receive the food or food 33
product of the condition of the food or food product at the time of serving 34
or distribution to the best of the church's, religious organization's, or 35
other nonprofit's knowledge. 36 HB1682
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(d) This section does not restrict: 1
(1) Criminal or civil liability that is a direct result of gross 2
negligence, recklessness, or intentional misconduct; or 3
(2) The authority of any appropriate agency to regulate or ban 4
the use of a food or food product that is known to not be fit for human 5
consumption. 6
(e) All producers or distributors of food or food products that are 7
licensed or permitted by the state shall be provided notice of the food 8
donation liability and immunity under this section. 9
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APPROVED: 4/21/25 12
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