The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
§ 5761. Definitions
As used in this chapter:
(1) “Perishable foods” means any food that may spoil or otherwise become unfit for human
consumption because of its nature, type, or physical condition. Perishable food includes
fresh or processed meats, wild game, fish, poultry, seafood, dairy products, bakery
products, eggs in the shell, fresh fruits or vegetables, and foods that have been
packaged, refrigerated, or frozen.
(2) “Canned foods” means any canned food that has been hermetically sealed and commercially
processed and prepared for human consumption, including canned or preserved fruits,
vegetables, or other articles of food. There is specifically excluded for purposes
of this section canned goods that are rusted, leaking, swollen, or canned goods that
are defective or cannot be otherwise offered for sale to members of the general public.
(3) “Farm products” means any agricultural, dairy, or horticultural product, or any product
designed or intended for human consumption or prepared principally from an agricultural,
dairy, or horticultural product.
(4) “Charitable or nonprofit organization” means any organization which is exempt from
federal or State income taxation, except that the term does not include organizations
which sell or offer to sell such donated items of food. (Added 1983, No. 209 (Adj. Sess.); amended 1997, No. 36, § 1.)
§ 5762. Liability for canned or perishable foods or farm products distributed free of charge
(a) Notwithstanding any other provision of law, a good-faith donor of any canned or perishable
food or farm product, apparently fit for human consumption, who donates to a person
for consumption, or to a bona fide charitable or nonprofit organization for free distribution,
shall not be subject to criminal penalty or civil damages arising from the condition
of the food, if the donor reasonably inspects the food at the time of donation and
finds the food apparently fit for human consumption and unless the donor has actual
or constructive knowledge that the food is adulterated, tainted, contaminated, or
harmful to the health or well-being of the person consuming the food.
(b) This section includes the good-faith donation of canned or perishable food or farm
products not readily marketable due to appearance, freshness, grade, surplus, or other
considerations, but shall not be deemed or construed to restrict the authority of
any lawful agency to otherwise regulate or ban the use of such food for human consumption. (Added 1983, No. 209 (Adj. Sess.).)