Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1682
4
5 By: Representatives Puryear, Painter, Barker, Bentley, Breaux, Brooks, M. Brown, R. Burkes, Joey Carr,
6 Childress, Cavenaugh, Crawford, Duffield, Eaton, Gramlich, Hall, Holcomb, J. Mayberry, McClure,
7 Milligan, J. Moore, Nazarenko, Ray, R. Scott Richardson, Richmond, Rose, Rye, Unger, Vaught, Walker,
8 Wing
9 By: Senators B. Davis, D. Wallace
10
11 For An Act To Be Entitled
12 AN ACT TO CREATE THE GOOD NEIGHBOR ACT; TO CLARIFY
13 FOOD DONATION LIABILITY AND IMMUNITY; AND FOR OTHER
14 PURPOSES.
15
16
17 Subtitle
18 TO CREATE THE GOOD NEIGHBOR ACT; AND TO
19 CLARIFY FOOD DONATION LIABILITY AND
20 IMMUNITY.
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. Arkansas Code � 20-57-103 is repealed.
25 20-57-103. Donors of canned food, live food, or perishable food not
26 liable -- Exception -- Definitions.
27 (a) As used in this section, unless the context otherwise requires:
28 (1) "Canned food" means any food commercially processed and
29 prepared for human consumption;
30 (2) "Live food" means live or recently deceased animals, such as
31 wild game or farm stock, that may be legally processed for use as food for
32 human consumption; and
33 (3)(A) "Perishable food" means any food which may spoil or
34 otherwise become unfit for human consumption because of its nature, type, or
35 physical condition.
36 (B) "Perishable food" includes without limitation fresh
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1 and processed meats, poultry, seafood, dairy products, bakery products, eggs
2 in the shell, fresh fruits and vegetables, and foods which have been
3 packaged, refrigerated, or frozen.
4 (b) The provisions of this section shall govern all good faith
5 donations of perishable food which is not readily marketable due to
6 appearance, freshness, grade, surplus, or other conditions, but nothing in
7 this section shall restrict the authority of any appropriate agency to
8 regulate or ban the use of the food for human consumption.
9 (c) All other provisions of law notwithstanding, a good faith donor of
10 canned food, live food, or perishable food which is apparently fit for human
11 consumption at the time it is donated to a bona fide charitable or not-for-
12 profit organization for free distribution or distribution at a nominal cost
13 is not subject to criminal or civil liability arising from an injury or death
14 due to the condition of the food unless the injury or death is a direct
15 result of the gross negligence, recklessness, or intentional misconduct of
16 the donor.
17
18 SECTION 2. Arkansas Code Title 20, Chapter 57, Subchapter 1, is
19 amended to add an additional section to read as follows:
20 20-57-105. Arkansas Good Neighbor Act -- Food donation liability and
21 immunity -- Definitions.
22 (a) This section shall be known and may be cited as the "Arkansas Good
23 Neighbor Act".
24 (b) As used in this section:
25 (1) "Food" means any raw, cooked, processed, or prepared edible
26 substance, ice, beverage, or ingredient used or intended for use in whole or
27 in part for human consumption;
28 (2) "Food product" means any substance in liquid, concentrated,
29 solid, frozen, dried, dehydrated, or other form that is sold for ingestion or
30 chewing by humans and is consumed for its taste, nutritional value, or both;
31 (3) "Gleaner" means a person who harvests an agriculture crop
32 that has been donated by the owner for:
33 (A) Free distribution to people; or
34 (B) Donation to a church, religious organization, or other
35 nonprofit organization for ultimate distribution to people; and
36 (4)(A) "Person" means an individual, corporation, partnership,
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1 organization, association, or governmental entity.
2 (B) "Person" includes:
3 (i) A retail grocer, wholesaler, hotel, motel,
4 restaurant, caterer, farmer, nonprofit food distributor, school, church,
5 religious organization, or hospital; and
6 (ii) An officer, director, partner, deacon, trustee,
7 council member, or other elected or appointed individual responsible for the
8 governance of a corporation, partnership, organization, association, or
9 governmental entity.
10 (c)(1) If a food or food product donated by a person or gleaner to a
11 church, religious organization, or other nonprofit organization for the
12 purpose of consumption by individuals the church, religious organization, or
13 other nonprofit organization serves does not meet consumer safety standards
14 imposed by federal, state, or local laws, rules or regulations or is not
15 readily marketable due to appearance, freshness, grade, surplus, or other
16 conditions, the person or the gleaner who donates the food or food product is
17 not subject to civil or criminal liability if the person or gleaner:
18 (A) Makes the donation in good faith; and
19 (B) Informs the church, religious organization, or other
20 nonprofit organization of the condition of the food or food product at the
21 time of donation to the best of his or her knowledge.
22 (2) If a food or food product donated to and distributed by a
23 church, religious organization, or other nonprofit organization for the
24 purpose of consumption by individuals the church, religious organization, or
25 other nonprofit organization serves does not meet consumer safety standards
26 imposed by federal law or regulation or state law or rule, or is not readily
27 marketable due to appearance, freshness, grade, surplus, or other conditions,
28 the church, religious organization, or other nonprofit organization is not
29 subject to civil or criminal liability if the church, religious organization,
30 or other nonprofit organization:
31 (A) Distributes the food or food product in good faith;
32 and
33 (B) Informs the individuals who receive the food or food
34 product of the condition of the food or food product at the time of serving
35 or distribution to the best of the church's, religious organization's, or
36 other nonprofit's knowledge.
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1 (d) This section does not restrict:
2 (1) Criminal or civil liability that is a direct result of gross
3 negligence, recklessness, or intentional misconduct; or
4 (2) The authority of any appropriate agency to regulate or ban
5 the use of a food or food product that is known to not be fit for human
6 consumption.
7 (e) All producers or distributors of food or food products that are
8 licensed or permitted by the state shall be provided notice of the food
9 donation liability and immunity under this section.
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4 03/04/2025 7:45:30 PM CEB205Every fact on this page links to its source, starting with the official bill record.