Federal Food Donation Liability Protection.pdf

The Bill Emerson Good Samaritan Food Donation Act (Emerson Act) provides federal liability protection for food and grocery product donations to combat food insecurity. Key points include:

- Coverage: The Act protects donors and intermediaries, including individuals, businesses, nonprofits, and government entities, from civil and criminal liability for harm caused by donated food or grocery products.
- Eligible Donations: Donors must provide "apparently wholesome food" or "apparently fit grocery products" that meet applicable food safety standards. If the product doesn't meet these standards, donors can still be protected if they follow reconditioning procedures and inform the nonprofit about the nonconforming nature of the product.
- Donation Conditions: Donations must be made through a nonprofit organization, unless the donor is a "qualified direct donor." The nonprofit must offer the food for free or at a "Good Samaritan Reduced Price," and donations must be made in good faith.
- Liability Protection Conditions: Liability protections apply if the donation meets the requirements for "apparently fit grocery product" or "apparently wholesome food," and the donation was not made with "gross negligence" or "intentional misconduct."
- Preemption: The Emerson Act preempts state laws, providing a floor for liability protection and allowing states to enact more protective or expansive laws.