The bill emerson good samaritan food donation act chlpi. The federal bill emerson good samaritan food donation act. Bill emerson good samaritan food donation act a short title. Resources for food donation according to hunger free vermont, % of vermont households are food insufficient. This act encourages the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by protecting donors from liability when donating to a. Child nutrition act of 1966 united states house of.
The bill emerson good samaritan food donation act was created to encourage food donation to nonprofit organizations by minimizing liability. The act was created to encourage the donation of food and grocery products to qualified nonprofit organizations and provides liability protection to food donors. This section may be cited as the bill emerson good samaritan food donation act. Bill emerson good samaritan food donation act iowa waste reduction center university of northern iowa 3192738905. A 1791 2 a gleaner is a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1. The emerson good samaritan act the bill emerson good samaritan food donation act the emerson act provides a federal baseline of protection for food donors. Liability protection for food donation public health law. In addition, each state has passed good samaritan laws that provide liability protection to good faith donors. The act exempts persons and gleaners who make good faith donations of food to nonprofit organizations that feed the hungry from liability for. Although the bill emerson good samaritan food donation act takes precedence over the various state good samaritan statutes, it may not entirely replace such statutes. The bill emerson good samaritan act provides one national standard to overcome this hurdle and allow donors to reap the benefits of donating food without fear of liability for unforeseen injuries. The emerson act covers individuals, businesses, nonprofit organizations, and the officers of.
Donations 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. Bill emerson good samaritan food donation act legal information. According to the legal guide to the bill emerson good samaritan food donation act, by the university of arkansas school of law, a thorough search of filings and reported decisions did not turn up a single case that involved food donationrelated liability or any attempts to get around the protections offered by the bill emerson act. There are food pantries that are located throughout the state that happily accept food that is too good to waste. The bill emerson good samaritan food donation act on october 1, 1996, president clinton signed into law the bill emerson good samaritan food donation act, a new federal law to encourage the donation of food and grocery products to nonprofit charitable organizations for distribution to needy people. Federal law gives food donors liability protection for food donated and plays a critical role in encouraging the donation of excess nutritious food to people in need.
House report on bill emerson good samaritan food donation act. Originally passed as public law in 1996, the bill emerson good samaritan food donation act contains the following. It provides protection to good faith donors of food from liability should the product later cause harm to its recipient. It was based on a model act that in 1998 was enacted into federal law as the bill emerson good samaritan food donation act. Committed to the committee of the whole house on the state of. In 1996, congress created a federal good samaritan act to protect food banks and their donors, named for rep. 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.
Bill emerson good samaritan act gettysburg college. To encourage the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by giving the model good samaritan food. Frequently asked questions about the bill emerson good samaritan. 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. The federal bill emerson good samaritan food donation act on october 1, 1996, president clinton signed this act to encourage donation of food and grocery products to nonprofit organizations for distribution to individuals in need. The federal bill emerson good samaritan food donation act protects the donor and the recipient agency against liability, excepting only gross negligence andor intentional misconduct. Nov 23, 2016 the emerson good samaritan act the bill emerson good samaritan food donation act the emerson act provides a federal baseline of protection for food donors. Protects you from liability when you donate to a non. In 1996, congress passed the bill emerson good samaritan food donation act bill emerson act to address these issues.
The legal guide to the bill emerson good samaritan food. The bill emerson good samaritan act limits food donor liability protected entities. Reduce wasted food by feeding hungry people sustainable. Protections afforded by the good samaritan food donation act. Corporate donors are protected from liability under the bill emerson good samaritan food donation act pdf 2 pp, 207 k, about pdf. September 2016 fs1608c recommendations to strengthen the bill emerson good samaritan act food donation provides a critical link between organizations with wholesome, surplus foods and the.
On october 1, 1996, president clinton signed this act to encourage donation of food and. Bill emerson, rmissouri, who fought for the proposal but died of cancer before it was passed. Original signature of member 115th congress 1st session h. The emerson act covers individuals, businesses, nonprofit organizations, and the officers of businesses and nonprofit organizations. Searchable text of the 42 usc 1791 bill emerson good samaritan food donation act us code, including notes, amendments, and table of authorities.
Protects donors from liability when food is donated to a nonprofit organization. Goodling, from the committee on economic and educational opportunities, submitted the following r e p o r t to accompany h. Recommendations to strengthen the bill emerson good. Food law and policy clinic a division of the center for health law and policy innovation legal fact sheet. Bill emerson good samaritan food donation act wikisource. The information presented is not a guidance document and does not constitute legal advice or create an. Bill emerson good samaritan food donation act iowa waste. The bill emerson act reduces potential donor liability and. 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 nonprofit organizations for distribution to needy individuals.
May 23, 2016 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. Recommendations to strengthen the bill emerson good samaritan act. The federal bill emerson good samaritan food donation act on october 1, 1996, president clinton signed this act to encourage donations of food and grocery products to nonprofit organizations for distribution to needy individuals. To encourage companies and organizations to donate healthy food that would otherwise go to waste, they are protected from criminal and civil liability under the good samaritan food donation act. This bill, the california good samaritan food donation act, would expand these provisions to persons and gleaners who donate food, as defined. Liability protection for food donation public health law center. The bill would narrow the exception to protection from liability to injury resulting from gross negligence or intentional misconduct. The federal bill emerson good samaritan food donation act on october 1, 1996, president clinton signed this act to encourage donation of food and grocery products to nonprofit. The bill emerson good samaritan act the bill emerson good samaritan food donation act the emerson act provides a federal baseline of protection for food donors. An act to strengthen and expand food service programs for children. Bill emerson good samaritan food donation act 42 usc.
Bill emerson good samaritan food donation act govinfo. For more information, see usda s frequently asked questions about the bill emerson good samaritan food donation act pdf, 241 kb. September 2016 fs1608c recommendations to strengthen the bill emerson good samaritan act food donation provides a critical link between. Bill emerson good samaritan food donation act a short title this section may be cited as the bill emerson good samaritan food donation act. Donations of food may include unopened, commercially prepackaged, non potentially hazardous foods with the. The federal bill emerson good samaritan food donation act on october 1, 1996, president clinton signed this act to encourage donation of. Originally passed as public law in 1996, the bill emerson good samaritan food. Preemptive effect of the bill emerson good samaritan food donation act the bill emerson good samaritan food donation act act preempts state good samaritan statutes that provide less protection than the act from civil and criminal liability arising from food donated in good faith for distribution to the needy. The bill emerson food donation act public law 104210oct. Bill emerson good samaritan food donation act dmarc. Businesses and nonprofits that provide or receive donated food are generally well protected by laws designed to provide immunity from liability related to food donations.
As a federal statute, the emerson act creates a uniform minimum level of protection from liability for donors and gleaners nationwide. The bill emerson good samaritan food donation act allows food producers and establishments to donate. The food donation act was enacted in 1994 in washington. Sep 28, 2016 the bill emerson good samaritan act, passed by congress in 1996, protects a broad range of food donors to encourage donations, but donors are often unaware of these protections. 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 nonprofit organizations for distribution to needy individuals. The bill emerson food donation act establishes federal protection from civil and criminal liability for persons involved in the donation and distribution of food. Aug 08, 20 88 the bill emerson good samaritan food donation act converted title iv of the national and community service act of 1990, known as the model good samaritan food donation act, into permanent law, and transferred it to the child nutrition act of 1966. Pdf pdf provides a complete and accurate display of this text. 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. Preemptive effect of the bill emerson good samaritan food.
The bill emerson good samaritan act, passed by congress in 1996, protects a broad range of food donors to encourage donations, but donors are often unaware of these protections. Make a financial donation 25% of inland northwest families with children are living below the poverty level more than 30% of single female households in the spokane area are living below the poverty level. While these food donation laws appear to offer some protection for individuals donating food, the actual liability protection offered by these statutes is minimal. The federal bill emerson good samaritan food donation act was signed into law by president bill clinton in 1996. Preemptive effect of the bill emerson good samaritan food donation act the bill emerson good samaritan food donation act preempts state good samaritan statutes that provide less protection from civil and criminal liability arising from food donated in good faith for distribution to the needy than the act provides.
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