Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Provides civil liability immunity to nonprofit organizations engaged in gleaning activities on agricultural land.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the liability of nonprofit organizations engaged in gleaning activities and supplementing P.L.1982, c.178 (C.24:4A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A nonprofit organization that organizes or hosts volunteers on agricultural land for the purpose of collecting or gleaning agricultural food from the land for ultimate distribution to needy individuals shall not be liable for damages in any civil action due to the presence or activity of the organization or volunteers on the land, unless the damage is a direct result of the gross negligence, recklessness, or knowing misconduct of the nonprofit organization or volunteer.
2. This act shall take effect immediately.
STATEMENT
This bill would provide civil liability immunity to nonprofit organizations that organize or host gleaning activities on agricultural land for damages in any civil action due to the presence or activity of the organization or volunteers on the land. This immunity would not apply to the gross negligence, recklessness, or knowing misconduct of the nonprofit organization or volunteer.
Gleaning is the harvesting or collecting of agricultural crops that have been donated by a farmer for ultimate distribution to the needy. New Jersey has a long history of supporting gleaning efforts, most recently through enactment of Joint Resolution 11 of 2015, establishing “New Jersey Gleaning Week.” Under current federal and State law, farmers are immune from civil liability for injuries that take place on their farms during gleanings. In addition, farmers, nonprofit organizations, and volunteers are immune for damages caused by the food they glean or donate in good faith. This bill seeks to further incentivize gleaning efforts by providing immunity to nonprofit organizations that organize or host gleaning activities on farms.