The Bill Emerson Good Samaritan Food Donation Act

On October 1, 1996, President Clinton signed the Bill Emerson Good Samaritan
Food Donation Act to encourage the donation of food and grocery products to
non-profit organizations for distribution to needy individuals. This law makes
it easier to donate. Here's how:
􀂃 It protects donors from liability when donating to a non-profit organization.
􀂃 It protects donors from civil and criminal liability should the product donated in good
faith later cause harm to the needy recipient.
􀂃 It standardizes donor liability exposure. Donors and their legal counsel no longer
have to investigate liability laws in 50 states.
􀂃 It sets a liability floor of "gross negligence" or intentional misconduct for persons who
donate grocery products. (See Act text for further definitions.)
􀂃 Congress recognized that the provision of food close to recommended date
of sale is, in and of itself, not grounds for finding gross negligence. For example, cereal
can be donated if it is marked close to code date for retail sale.
The bill was named for Rep. Bill Emerson (R-Missouri) who fought for the
proposal but died of cancer before it was passed. The text of this Act follows:

An Act
To encourage the donation of food and grocery products to nonprofit
organizations for distribution to needy individuals by giving the Model Good
Samaritan Food Donation Act the full force and effect of law.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, Section 1. CONVERSION TO PERMANENT LAW OD
MODEL GOOD SAMARITAN FOOD DONATION ACT AND TRANSFER OF THAT ACT
TO CHILD NUTRITION ACT OF 1966.

(a) Conversion to Permanent Law. -- Title IV of the National and Community
Service Act of 1990 is amended -- by striking the title heading and sections 401 and 403
(42 U.S.C. 12671 and 12673); and in section 402 (42 U.S.C. 12672) --
(A) in the section heading, by striking "model" and inserting "bill emerson"
(B) in subsection (a), by striking "Good Samaritan" and inserting "Bill Emerson
Good Samaritan:"
(C) in subsection (b)(7), to read as follows:

"(7) GROSS NEGLIGENCE. -- The term '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.";

(D) by striking subsection (c) and inserting the following:
"(c) LIABILITY FOR DAMAGES FROM DONATED FOOD AND GROCERY
PRODUCTS.

"(1) LIABILITY OF PERSON OR GLEANER. -- A person or gleaner shall not be subject
to civil or criminal liability arising from the nature, age, packaging, or
condition of apparently wholesome food or an apparently fit grocery product that 
the person or gleaner donates in good faith to a nonprofit organization for
ultimate distribution to needy individuals

"(2) LIABILITY OF NONPROFIT ORGANIZATION. -- A nonprofit organization shall not
be subject to civil or criminal liability arising from the nature, age,
packaging, or condition of apparently wholesome food or an apparently fit
grocery product that person or gleaner donates in good faith to a the nonprofit organization received as a donation in good
faith from a person or gleaner for ultimate distribution to needy individuals.

"(3) EXCEPTION. -- Paragraphs (1) and (2) shall not apply to an injury to or
death of an ultimate user or recipient of the food or grocery product that
results from an act or omission of the person, gleaner or nonprofit
organization, as applicable, constituting gross negligence or intentional
misconduct."; and
(E) in subsection (f), by adding at the end the following: "Nothing in this
section shall be construed to supersede State or local health regulations.".

(b) TRANSFER TO CHILD NUTRITION ACT OF 1966. -- Section 402 of the National
and Community Service Act of 1990 (42 U.S.C. 12762) (as amended by subsection (a))
is transferred from the National and Community Service Act of 1990 to the Child
Nutrition Act of 1966; is redesignated as section 22 of the Child Nutrition Act of 1966;
and is added at the end of such Act.
 
(c) CONFORMING AMENDMENT. -- The table of contents for the National and
Community Service Act of 1990 is amended by striking the items relating to title IV.