Food and Agricultural Code
58501. For purposes of this chapter:
(a) "Agricultural product" means any fowl, animal, vegetable, or
other stuff, product, or article which is customary food, or which is
proper for food for human beings.
(b) "Food bank" means a surplus food collection and distribution
system operated and established to assist in bringing donated
agricultural products to nonprofit charitable organizations and
individuals for the purpose of reducing hunger and nutritional needs.
(c) "Nonprofit charitable organization" means any organization
which was organized and is operating for charitable purposes and
meets the requirements set forth in Section 214 of the Revenue and
58502. (a) Any person engaged in the business of processing,
distributing, or selling any agricultural product may donate, free of
charge, any product which is in a condition that it may be used as
food for human beings, to a nonprofit charitable organization within
(b) To assist in accomplishing the purposes of this section, the
director may divert agricultural products to organizations operating
pursuant to this chapter.
58503. To assist in accomplishing the purposes of Section 58502,
the board of supervisors of any county may establish, and publicize
the availability of, a surplus food collection and distribution
system, consisting of an inventory of storage facilities and
refrigeration equipment that are available in the county for such
purposes and a 24-hour information and food collection center for
receiving and transmitting information as to where agricultural
products are available or what organization desires or needs donated
agricultural products, and for collecting, receiving, handling,
storing, and distributing donated agricultural products. Any
nonprofit charitable organization regularly needing agricultural
products in its operations may be listed with such center for the
purpose of being notified whenever such products are available.
58503.1. In order to qualify as a food bank, an organization shall
meet all of the following minimum standards:
(a) It shall have access to storage facilities and refrigeration
equipment for the purpose of collecting, receiving, handling,
storing, and distributing donated agricultural products.
(b) It shall be incorporated as a nonprofit tax exempt
organization and be eligible as a charitable organization under
paragraph (3) of subsection (c) of Section 501 of Title 11 of the
United States Code or shall be affiliated with such an organization.
(c) It shall maintain records for the proper control of inventory.
(d) It shall demonstrate the availability of adequate liability
insurance to cover the activities conducted pursuant to this chapter.
(e) It shall show local support through funding sources, letters
of endorsement, and a board of directors reflective of the community
and population to be served.
58503.2. To assist in accomplishing the purposes of this chapter
and to maximize use of state surplus equipment, the Director of
General Services may assist a food bank by locating and providing
available state surplus buildings or equipment necessary for the
operation of a food bank.
58503.3. Nothing in this chapter restricts or limits the operation
of any other nonprofit organizations which are engaged in the
distribution of agricultural products to nonprofit charitable
58503.4. Programs operated in accordance with this chapter shall
complement, and not in any way lessen, assistance to families and
individuals pursuant to the Food Stamp Act of 1977 (Chapter 51
(commencing with Section 2011) of Title 7 of the United States Code).
58504. The board of supervisors may provide for the inspection of
such products by the county health officer, upon request of the
donee, prior to delivery by the donor to determine whether such
products may be used as food for human beings.
58505. Except for any injury resulting from gross negligence or
willful act, no county or agency of a county established pursuant to
this chapter and no person who donates any agricultural product shall
be liable for any injury, including, but not limited to, injury
resulting from the ingesting of such agricultural product, as a
result of any act, or the omission of any act, in connection with
donating any product pursuant to this chapter.
58506. Nothing in this chapter shall relieve any nonprofit
charitable organization from any liability for any injury, including,
but not limited to, injury resulting from the ingesting of such
agricultural product, as a result of receiving, accepting, gathering,
or removing any agricultural product donated under this chapter.
58507. (a) Any nonprofit charitable organization, that receives any
agricultural product pursuant to this chapter, shall not sell or
offer to sell any such agricultural product nor move or transfer such
product out of the state, provided that any product that does not
comply with the requirements of Division 17 (commencing with Section
42501) which is received by a charitable organization situated in
this state may be shipped out of the state by such organization in
accordance with regulations of the director to assure compliance with
the purposes of this chapter.
This subdivision does not apply to agricultural products which
comply with all maturity, quality, size, standard pack, container and
labeling requirements of Division 17 (commencing with Section
(b) No person and no employee of a public agency shall sell, offer
for sale, use, or consume any agricultural product donated or
distributed pursuant to this chapter, except the recipient of an
agricultural product provided as charitable assistance by a nonprofit
charitable organization who shall use or consume the agricultural
(c) Any violation of this section is punishable by a fine not
exceeding one thousand dollars ($1,000).
58508. In operating an information and food collection center
pursuant to this chapter, the board of supervisors shall provide for
the screening of donees to assure that agricultural products which
are distributed at public expense are not donated to organizations
that are capable of purchasing them.
58509. (a) The Secretary of the State and Consumer Services Agency
shall review the federal Temporary Emergency Food Assistance Program
and submit a report on or before March 1, 1985, to the Legislature
regarding recommendations for the operation and administration of
this program in the state. In performing this review, the secretary
shall, at a minimum, consult with the departments of the Health and
Welfare Agency, such as the Department of Aging and the Department of
Social Services, and shall also consult with the Departments of
Education, General Services, and Food and Agriculture. In addition,
the secretary shall consult with four food bank representatives, two
from the northern portion of the state, all of whom have been active
members of a nationwide network of food banks for a minimum of two
years immediately prior to appointment, and two from the southern
portion of the state, all of whom have been active members of a
nationwide network of food banks for a minimum of two years
immediately prior to appointment, and two food industry
representatives, one wholesaler and one manufacturer, all of whom
shall be selected by the Governor and referred to as the Food Bank
(b) The committee shall begin deliberations as soon as practicable
following the effective date of this section.
(c) Members of the committee who are not state employees shall be
paid per diem for their actual expenses in attending committee
(d) For purposes of the report, the committee shall do all of the
(1) Provide information to the State and Consumer Services Agency
regarding food bank programs.
(2) Review procedures that will assure that storage,
transportation, and distribution activities conducted by the state
are efficiently carried out and are responsive to the needs of local
food banks and community organizations involved in food distribution.
(3) Review procedures that will assure maximum access for food
banks and community organizations involved in food distribution to
all available federal surplus commodities and to all potential
private contributions of food commodities available for distribution
to the needy.
(4) Review procedures that will assure that necessary technical
assistance is available to facilitate the creation of food banks in
areas of the state in which they are needed and to facilitate food
banks and community organizations to obtain and effectively utilize
surplus agricultural commodities.
(5) Review procedures that will minimize the requirements imposed
on eligible recipient agencies insofar as practicable while also
complying with Public Law 98-8 and Public Law 98-92.
(e) In addition to assisting in preparation of the report, the
committee shall do all of the following:
(1) Advise the State and Consumer Services Agency in the
establishment of new food banks.
(2) Advise in the adequate and efficient distribution of surplus
food commodities to all areas of the state.