2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 35 - Act to Protect the Good Samaritan Who Donates Food (§§ 801 — 806) › § 801 - Definitions

The following terms shall have the meaning as stated below:
(a) Food.— Means any edible substance, be it raw, processed, prepared or cooked; ice, drinks, or ingredients for partial or total consumption by a human being.
(b) Food with a healthy appearance.— Means any food that meets all the quality and brand requirements imposed by federal and Commonwealth laws and their regulations, although the product is not ready to be marketed due to its appearance, freshness, grade, ripeness, size or other conditions, that do not imply that they are harmful for human consumption.
(c) Donation.— Means to give something freely and voluntarily without requiring anything of monetary value in exchange from the person receiving it. This definition includes, but is not limited to a situation in which a collector or a nonprofit organization donates to another organization of the same nature, even though a nominal sum is charged to cover its operating expenses, provided nothing of monetary value is required of it in exchange for food to the needy.
(d) Improper or intentional conduct.— Means the behavior of a person who, at the moment the act is performed, is aware that such conduct is harmful to the health or welfare of others.
(e) Gross negligence.— Means voluntary conduct with the knowledge that at the moment the act is performed, such conduct has probability of being harmful to the health and welfare of others.
(f) Nonprofit organization.— Means any entity, association, society, corporation, foundation, company, institution, or group of persons constituted under the laws of the Commonwealth of Puerto Rico and registered in the Department of State that is engaged in the direct rendering of nonprofit educational, charitable, health or social welfare services and do not provide net income or in any way operate for the benefit of any official, employee or shareholder of the organization. In the case of religious organizations, it shall not be necessary for them to be registered in the Department of State of Puerto Rico.
(g) Person.— Means an individual, corporation, organization, association, company or government entity, hotels, motels, factories, wholesale and retail food stores, restaurants, partnerships, farmers, nonprofit food distributors and hospitals. In the case of corporations, associations, organizations, partnerships or government entities, the term includes its officials, director, partners, deacons, council members, trustees or other elected or appointed individuals responsible for managing the entity.
(h) Non-edible products.— Means any product other than food. It includes wrappings, plastic products, cleaners, detergents and other similar ones.
(i) Non-edible products with an adequate appearance.— Means any non-edible product that meets the quality and brand requirements established by federal and state laws and regulations despite it not being ready to be marketed due to its appearance, freshness, ripeness, grade, size or other conditions.
(j) Collector.— Means any person who collects the food to be distributed free of charge to the needy or to a nonprofit organization which, in turn, distributes it free of charge. It also includes owners of agricultural crops donated in full or in part.
History —Aug. 6, 1993, No. 66, § 2.