/akn/my/act/act/2020/826

AKTA PERLINDUNGAN PENDERMA MAKANAN 2020

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Section 1

Short title and commencement

Section 2

Interpretation

Section 3

Protection of food donors

4

Laws of Malaysia

Act 826

Food Donors Protection 5

Act 826

Preamble

An Act to provide for the protection for food donors from any civil liability and for matters connected therewith.

[

]

ENACTED by the Parliament of Malaysia as follows:

Short title and commencement

Section 1

This Act may be cited as the Food Donors Protection

Act 2020.

(2

) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

Section 2

In this Act, unless the context otherwise requires—

“food” means food used or intended for use in whole or in part for human consumption and includes—

(a)

any raw, surplus, cooked, processed or prepared edible substance;

6

Laws of Malaysia

Act 826

(b)

any surplus, cooked, processed or prepared beverage; and

(c)

any raw, surplus, processed or prepared ingredient;

“food donor” means any person who donates or distributes food to any person without any payment or any form of consideration and includes any corporation, partnership, enterprise, association, government entity, manufacturer, supplier, wholesaler, retailer, hypermarket, supermarket, hotel, restaurant, caterer, agricultural producer, charitable institution, charitable organization, foundation or other organization or entity and its director, agent, or employee, or volunteer.

Protection of food donors

Section 3

A food donor shall not incur any civil liability in respect of any personal injury or disea...

(a)

the personal injury, disease or death was caused by the negligence or the willful misconduct of the food donor;

(b)

the food donor has not complied with any requirement in relation to food safety and food hygiene under any written law before donating or distributing the food;

(c)

the food was not safe for consumption at the time it was donated or distributed to any person; and

(d)

the donation or distribution of food was not made in good faith.

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA