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A. Consistent with all other applicable laws, a school, elder center, or other Osage Nation-owned facility may serve fresh produce that has been grown in a community garden; provided, that:

1. The soil in the community garden has been tested for contaminants and is safe for growing food for human consumption;

2. Water sources used for the community garden have been tested for contaminants and are safe for growing food for human consumption; and

3. The produce has been handled, stored, transported, and prepared safely and in accordance with applicable Osage Nation requirements.

B. Donated Food – Limited Liability.

1. A school, elder center, or other Osage Nation-owned facility and its employees shall be immune from any civil liability arising from good faith actions in the serving of donated produce from a community garden in accordance with the requirements of this Act, except for actions that would amount to gross negligence under the Osage Nation Food and Agriculture Act. ONCA 20-28, eff. Apr. 27, 2020.