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 This Month's Sponsor:
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GOOD SAMARITIAN 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: |
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It reduces liability risks to donors when donating
food or grocery products to a nonprofit organization.
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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.
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It establishes a liability floor of “gross negligence”
or “intentional misconduct” for persons who donate food or grocery
products.
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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.
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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.
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