Good Samaritan Food Donation Act

On October 1, 1996, President Bill Clinton signed Public Law 104-210 , enacting the Bill Emerson Good Samaritan Food Donation Act to encourage the donation of food and grocery products to nonprofit organizations for distribution to individuals in need. The law promotes food recovery by limiting the liability of donors. Here’s how:

• It reduces liability risks to donors when donating food or grocery products to a nonprofit organization.
• Except in certain cases, it provides protection from civil and criminal liability should the product, donated in good faith, later cause harm to the needy recipient.
• It establishes a liability floor of “gross negligence” or “intentional misconduct” for persons who donate food or grocery products.
• Congress recognized that the provision of food close to the date of recommended retail sale, in and of itself, is not grounds for finding gross negligence. For example, an undamaged box of cereal can be donated just before or even just after the date for retail sale and be safe for consumption.

The above information is provided as general information. Each person or organization should consult with his or her own advisor and legal counsel to evaluate the application, benefits and effect of the Act to his or her own circumstances and the nature of any anticipated donation of food or grocery products.

For the complete text of the Bill Emerson Good Samaritan Act, visit the USDA online.