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A. The Osage Nation Principal Chief or his designee may approve the use of qualified wild fish, game, or traditional foods to be served as meals at an Osage Nation food facility.

B. Limited Liability for Donors.

1. Good faith donors of qualified wild game, fish, or traditional foods shall be covered by the limited liability protections of this chapter.

2. Liability for Damages from Donated Food and Grocery Products and Qualified Wild Game or Fish Products.

a. Liability of Person or Gleaner. A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.

b. Liability of Nonprofit Organization. A nonprofit organization shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to needy individuals.

c. Exception. Paragraphs (B)(2)(a) and (b) of this section shall not apply to an injury to or death of an ultimate user or recipient of the food or grocery product or qualified wild game or fish that results from an act or omission of the person, gleaner, or nonprofit organization, as applicable, constituting gross negligence or intentional misconduct.

C. Collection or Gleaning of Donations. A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals shall not be subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this paragraph shall not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.

D. Partial Compliance. If some or all of the donated food and grocery products or qualified wild game or fish products do not meet all quality and labeling standards imposed by Osage Nation, federal, state, and local laws and regulations, the person or gleaner who donates the food and grocery products shall not be subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products:

1. Is informed by the donor of the distressed or defective condition of the donated food or grocery products or qualified wild game and fish products;

2. Agrees to recondition the donated food or grocery products or qualified wild game and fish products to comply with all the quality and labeling standards prior to distribution; and

3. Is knowledgeable of the standards to properly recondition the donated food or grocery product or qualified wild game and fish products.

E. Construction. This section shall not be construed to create any liability. Nothing in this section shall be construed to supersede Osage Nation health or food safety code regulations. ONCA 21-41, eff. Apr. 28, 2021.