Definitions

For the purpose of this Act:

(a)“Apparently fit grocery product” means a grocery product that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations (Guam Food Code) even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

(b)“Apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations (Guam Food Code) even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

(c)“Department” means the Department of Public Health and Social Services.

(d)“Donate” means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value.

(e)“Food” means the definition pursuant to § 40102(d), Chapter 40, Title 10 of the Guam Code Annotated.

(f)“Gleaner” means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.

(g)“Grocery Product” means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.

(h)“Good Faith” means a transaction done honestly and objectively with no deliberate intent to defraud the other party; CH. 40A INAFA’MAOLEK FOOD DONATION ACT

(i)“Gross Negligence” means voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person.

(j)“Intentional Misconduct” means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person.

(k)“Nonprofit Organization” means the definition pursuant to §16102(d), Chapter 16, Title 7 of the Guam Code Annotated.

(l)“Person” means an individual, corporation, partnership, organization, association, or governmental entity. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity.

(m)“Qualified direct donor” means a retail grocer, wholesaler, agricultural producer, agricultural processor, agricultural distributor, restaurant, caterer or school food authority, or institution of higher education.