The University of Arkansas School of Law’s Food Recovery Project offer a legal guide to food recovery (PDF, 8.6 MB) and a Legal Guide to the Bill Emerson Good Samaritan Food Donation Act.The Cornell Law School, through its Legal Information Institute, provides a dissection of the law.Nonprofit organizations: Nonprofit organizations shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food that the nonprofit organization received as a donation in good faith from a person or gleaner, including a qualified direct donor, for ultimate distribution to needy individuals.ĭonations of apparently wholesome food by qualified direct donors must be made in compliance with applicable state and local health, food safety, and food handling laws (including regulations).įor more information, see USDA’s Frequently Asked Questions about the Bill Emerson Good Samaritan Food Donation Act (PDF, 241 KB).Ī number of organizations offer legal guidance on food recovery and the Bill Emerson Good Samaritan Act: Persons and gleaners (including qualified direct donors): Persons and gleaners, including qualified direct donors, shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals. Under the Bill Emerson Good Samaritan Food Donation Act, the following food donation standards apply: The Act exempts “persons and gleaners” who make good faith donations of food to nonprofit organizations that feed the hungry from liability for injuries arising from the consumption of the donated food. The Bill Emerson Good Samaritan Food Donation Act of 1996 (PDF, 207 KB) encourages the donation of food and grocery products to nonprofit organizations for distribution to needy individuals.

The federal government has established three notable provisions to encourage the donation of wholesome food to those in need: Limited liability protection for donors Donations from farmers and gleaners help put more fresh produce in the diets of families in need.įederal provisions to encourage food donation.Consult with your local health department for guidelines on safely donating perishable food items. Donations of perishable prepared foods - typically collected from restaurants, caterers, corporate dining rooms, college campuses, hotels, and other food establishments - also help feed families in need, although such donations usually require special handling such as refrigerated trucks, insulated coolers, bags or blankets and prompt distribution.Donations of nonperishable and unspoiled perishable food from homes and businesses help stock the shelves at food banks, soup kitchens, pantries, and shelters.Donating wholesome food for human consumption diverts food waste from landfills and puts food on the table for families in need.

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