Food Donation

Originally passed as public law in 1996, the Bill Emerson Good Samaritan Food Donation Act contains the following. 

  1. It provides protection to good faith donors of food from liability should the product later cause harm to its recipient.
  2. It does not protect gross negligence where intentional harm to the health of others occurs as a result of food donation.

Organizations Protected from Civil / Criminal Liability When Donating Food

  • Individuals
  • Corporations
  • Grocery Stores
  • Restaurants
  • Caterers
  • Farmers
  • Gleaners
  • Government Entities
  • Wholesalers
  • Non-Profit Feeding Programs

Included in this act are food and grocery products that meet all federal, state and local regulations and laws for quality and labeling standards despite appearance, age, freshness, grade, size, surplus or other conditions that may make the products not readily marketable. 

A copy of the Bill Emerson Good Samaritan Food Donation Act can be seen at the U.S. Government Printing Office here.


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