Liability is the major concern for many potential food donors and people consuming donated food need to be protected, knowing that what they're eating is safe. Empowering individuals and businesses to donate food is why the federal Good Samaritan Law was passed.
About 40% of the nation’s food supply is wasted, according to the Food and Drug Administration. Many believe they can be sued if the food or beverage they provide ends up getting someone sick.
People who donate food are protected by the Bill Emerson Good Samaritan Food Donation Act of 1996(42 U.S. Code § 1791). That law protects anyone from liability when donating food in “good faith” to a non-profit organization that feeds people in need.
“In order to receive protection under the act, a person or gleaner must donate in good faith apparently wholesome food or apparently fit grocery products to a nonprofit organization for ultimate distribution to needy individuals. It does not cover direct donations to needy individuals or families. The act also provides protection against civil and criminal liability to the nonprofit organizations that receive such donated items in good faith.”
The law was passed to encourage businesses and individuals to donate their excess food. "With overstocking and excess shipments of food, the opportunity is there for businesses and consumers alike to make sure that all extra food does not go to waste." The Bill Emerson Act sets a standard of how to give when able and lessens the worry of any potential donors. “All fifty states have additional food donation statutes that limit food donors’ liability.” "However, the Department of Justice has interpreted the Act as preempting state laws that provide less liability protection to donors….”
The following receive coverage under the Good Samaritan Act: Restaurants, Backyard gardeners, Farmers, Retail grocers and Manufacturers, Food trucks, Food banks, Gleaners, School food authorities and Institutions of higher education. Donations by a food service company receive coverage under the broad definition of “person,” which includes corporations, partnerships, organizations and associations. The Act’s definition of “person” expressly covers donations by caterers.
Not covered are kitchens that create meals from donated food and then sell the meals at extremely low prices in underserved neighborhoods. For a donation to receive coverage, the ultimate recipients of the food or grocery items must not give anything of value in exchange.
Nelson Mandela, who served as the first president of South Africa, said it exactly right: “Poverty is not natural. It is man-made and it can be overcome and eradicated by the actions of human beings."
