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Emergency Law Inventory | Full Law Text

Law Number

42 USCS 1791

Summary Title

Liability: Food Donation

Summary

An individual who, in good faith, donates foods or goods appearing to be wholesome to a nonprofit will not be held legally responsible regarding the nature, age, or condition of the donation. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section also applies to a person who collection the donation of foods or goods.

Full Title

Bill Emerson Good Samaritan Good Donation Act

Full Text

(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 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. (d) Collection or gleaning of donations. A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals shall not be subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this paragraph shall not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.