On Food Donations

For all those who wish they could make sure less food gets tossed by restaurants, etc. Businesses do have legal protection when they donate food:

Food Donation

Where can I donate edible food?

Food banks typically accept food donations that are packaged or can be stored for a period of time. Food rescue programs redistribute unused or uneaten donated foods that are perishable, such as casseroles or other hot meals from caterers, restaurants, delicatessens, and cafeterias. Food rescue programs often serve donated meals the same day they are received.

Is my company liable for the product once it has been donated?

The Bill Emerson Good Samaritan Food Donation Act (PDF) (2 pp, 237K, about PDF) was created to encourage the donation of food and grocery products to 501(c)3 certified non-profit organizations. Under this Act, as long as the donor has not acted with negligence or intentional misconduct, the company is not liable for damage incurred as the result of illness.

Liability Protection and Food Donations: The Bill Emerson Good Samaritan Food Donation Act

What does the law do?

The Good Samaritan Act (PDF) (2 pp, 237K, about PDF) encourages the donation of food and grocery products to 501(c)3 non-profit organizations for distribution to needy individuals. The law protects all food and grocery donors who donate apparently wholesome food in good-faith from civil and criminal liability. The Emerson Act also provides uniform federal protection and replaces all state laws, including those in the District of Columbia, Puerto Rico and all US territories and possessions. Under the national law, food donors need only seek protection under one law.

Who is protected?

The law protects all food and grocery donors, including individuals, corporations, partnerships, associations, governmental entities, wholesalers, manufacturers, retailers, farmers, gleaners and non-profit feeding program administrators who donate food and grocery products in good faith. While exceptions are noted for gross negligence, the law states that these groups will 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.

What sorts of donation are protected?

The Emerson Act provides protection for food and grocery products that meet all quality labeling standards imposed by federal, state and local laws and regulations. This includes products that may not be readily marketable due to age, appearance, freshness, grade, size, surplus or other conditions. Grocery products can include nonfood products, such as disposable paper or plastic products, household cleaning products, laundry detergent, personal care items, or miscellaneous household items.

More information from an Ohio food bank found here. A printable handout found here.