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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 6173

August 2, 1983

FOOD:

Immunity from liability for donors of food

IMMUNITY:

Immunity from liability for donation of food

Under 1982 PA 339, immunity from liability is extended only to a person who in good faith donates food for use or distribution by a nonprofit corporation, organization or association.

Agnes M. Mansour

Director

Michigan Department of Social Services

300 S. Capitol Avenue

Lansing, Michigan 48933

You have requested my opinion whether 1982 PA 339 provides immunity from civil liability to the distributors of donated food such as a nonprofit soup kitchen.

Responding to your question only with respect to 1982 PA 339; MCLA 691.1531 et seq; MSA 14.17(3) et seq, such statute provides, in pertinent part:

'Sec. 1. As used in this act, 'person' means an individual, corporation, partnership, organization, or association, including persons licensed pursuant to part 129 of Act No. 368 of the Public Acts of 1978, as amended, being sections 333.12901 to 333,12922 of the Michigan Compiled Laws or licensed pursuant to Act No. 328 of the Public Acts of 1978, being sections 289.801 to 289.810 of the Michigan Compiled Laws.

'Sec. 2. A person who in good faith donates food for use or distribution by a nonprofit corporation, organization, or association shall not be liable for civil damages as a result of an act or omission affecting the nature, age, condition, or packaging of the donated food, as long as standards of reasonable care are exercised. This section shall not apply to food in hermetically sealed containers that was not prepared by a person licensed pursuant to Act No. 328 of the Public Acts of 1978, being sections 289.801 to 289.810 of the Michigan Compiled Laws.'

The well-established rule governing interpretation of statutes is to ascertain and give effect to the intention of the Legislature and such procedures requires that effect must be given, if possible, to every word, sentence and section of the statute. State, ex rel Wayne County Prosecuting Attorney v Levenburg, 406 Mich 455; 280 NW2d 810 (1979); Melia v Employment Security Commission, 346 Mich 544; 78 NW2d 273 (1956).

The language of the foregoing statute confers immunity only upon a 'person,' as defined therein, who donates food for use or distribution by a nonprofit corporation, organization or association. Thus, the statute distinguishes between the donors of the food and the distributors of donated food, such as soup kitchens, and, on its face, confers civil immunity only on the former. Such interpretation is consistent with the purpose of the Act, as expressed in the official House Legislative Analysis Section Analysis of House Bill 4122, 1982 PA 339 as enacted, which analysis states that '[w]hat is needed . . . is protection in the law against lawsuits for doners [sic] of food. . . .'

It is my opinion, therefore, that under 1982 PA 339, supra, immunity is extended only to a person who in good faith donates food for use or distribution by a nonprofit corporation, organization or association.

Frank J. Kelley

Attorney General


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