§ 1791. Bill Emerson Good Samaritan Food Donation Act
1,474 words·~7 min read·
/usc/title-42/section-1791A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Short title This section may be cited as the “Bill Emerson Good Samaritan Food Donation Act”.
(b)Definitions As used in this section:
(1)Apparently fit grocery product The term “apparently fit grocery product” means a grocery product that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.
(2)Apparently wholesome food The term “apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.
(3)Donate The term “donate” means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value or is charged a good Samaritan reduced price.
(4)Food The term “food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.
(5)Gleaner The term “gleaner” means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.
(6)Good Samaritan reduced price The term “good Samaritan reduced price” means, with respect to the price of an apparently wholesome food or apparently fit grocery product, a price that is an amount not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing the apparently wholesome food or apparently fit grocery product.
(7)Grocery product The term “grocery product” means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.
(8)Gross negligence The term “gross negligence” means voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person.
(9)Intentional misconduct The term “intentional misconduct” means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person.
(10)Nonprofit organization The term “nonprofit organization” means an incorporated or unincorporated entity that—
(A)is operating for religious, charitable, or educational purposes; and
(B)does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.
(11)Person The term “person” means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity.
(12)Qualified direct donor The term “qualified direct donor” means a retail grocer, wholesaler, agricultural producer, agricultural processor, agricultural distributor, restaurant, caterer, school food authority, or institution of higher education (as defined in section 1002 of title 20).
(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 at zero cost or at a good Samaritan reduced price.
(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 at zero cost or at a good Samaritan reduced price.
(3)Direct donations to needy individuals A qualified direct donor 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 qualified direct donor donates in good faith to a needy individual at zero cost.
(4)Exception Paragraphs (1), (2), and
(3)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.
(e)Partial compliance If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by Federal, State, and local laws and regulations, the person or gleaner who donates the food and grocery products shall not be subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products—
(1)is informed by the donor of the distressed or defective condition of the donated food or grocery products;
(2)agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and
(3)is knowledgeable of the standards to properly recondition the donated food or grocery product.
(f)Construction This section shall not be construed to create any liability. Nothing in this section shall be construed to supercede State or local health regulations.
(Pub. L. 89–642, § 22, formerly Pub. L. 101–610, title IV, § 402, Nov. 16, 1990, 104 Stat. 3183; renumbered § 22 and amended Pub. L. 104–210, § 1(a)(2), (b), Oct. 1, 1996, 110 Stat. 3011, 3012; Pub. L. 117–362, § 1, Jan. 5, 2023, 136 Stat. 6295.)
Connections123 cite this · traces to 2
Cited by 123 sections · top 60
public-private-law
U.S. Code
statutes-at-large
- Public Law 104–210To 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
- Public Law 109–73To provide emergency tax relief for persons affected by Hurricane Katrina
- Public Law 115–334To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes
- Public Law 117–362To amend the Bill Emerson Good Samaritan Food Donation Act to improve the program, and for other purposes
- Public Law 110–247To encourage the donation of excess food to nonprofit organizations that provide assistance to food-insecure people in the United States in contracts entered into by executive agencies for the provision, service, or sale of food
statute-compilations
register
bill
- Sec. 2Permanent extension and expansion of charitable deduction for contributions of food inventory
- Sec. 1Charitable contributions of apparently wholesome food to Indian tribes
- Sec. 202Good Samaritan food donation
- Sec. 2Permanent extension and expansion of charitable deduction for contributions of food inventory
- Sec. 101Use of Rural Energy for America Program to reduce food and crop waste
- Sec. 201Good Samaritan food donation
- Sec. 503Expansion of rural utilities service water and waste disposal program to provide loans and grants for rural communities to adapt waste disposal facilities to incorporate anaerobic digestion food waste-to-energy operations
- Sec. 504Grants for composting and anaerobic digestion food waste-to-energy projects
- Sec. 101Use of Rural Energy for America Program to reduce food and crop waste
- Sec. 201Good Samaritan food donation
- Sec. 401Definitions
- Sec. 503Expansion of rural utilities service water and waste disposal program to provide loans and grants for rural communities to adapt waste disposal facilities to incorporate anaerobic digestion food waste-to-energy operations
- Sec. 504Grants for composting and anaerobic digestion food waste-to-energy projects
- Sec. 2Bill Emerson Good Samaritan Food Donation Act
- Sec. 3Regulations
- Sec. 101Use of Rural Energy for America Program to reduce food and crop waste
- Sec. 201Good Samaritan food donation
- Sec. 401Definitions
- Sec. 503Expansion of rural utilities service water and waste disposal program to provide loans and grants for rural communities to adapt waste disposal facilities to incorporate anaerobic digestion food waste-to-energy operations
- Sec. 12615Food donation standards
- Sec. 4104Food donation standards
- Sec. 12504Establishment of food loss and waste reduction liaison
- Sec. 11607Establishment of Food Loss and Waste Reduction Liaison
- Sec. 11607Establishment of Food Loss and Waste Reduction Liaison
- Sec. 11607Establishment of Food Loss and Waste Reduction Liaison
- Sec. 2Bill Emerson Good Samaritan Food Donation Act
- Sec. 3Regulations
- Sec. 2Definitions
- Sec. 2Definitions
- Sec. 2Bill Emerson Good Samaritan Food Donation Act
- Sec. 3Regulations
- Sec. 101Use of Rural Energy for America Program to reduce food and crop waste
- Sec. 201Good Samaritan food donation
- Sec. 402Definitions
- Sec. 503Expansion of rural utilities service water and waste disposal program to provide loans and grants for rural communities to adapt waste disposal facilities to incorporate anaerobic digestion food waste-to-energy operations
- Sec. 504Grants for composting and anaerobic digestion food waste-to-energy projects
- Sec. 701Definitions
- Sec. 713Grants for composting and anaerobic digestion food waste-to-energy projects
13 references not yet in our index
- Pub. L. 89–642, § 22
- Pub. L. 101–610, title IV, § 402
- 104 Stat. 3183
- Pub. L. 104–210, § 1(a)(2)
- 110 Stat. 3011
- 136 Stat. 6295
- section 12672 of this title
- Pub. L. 104–210
- Pub. L. 104–210, § 1(a)(2)(A)
- Pub. L. 104–210, § 1(a)(2)(B)
- Pub. L. 104–210, § 1(a)(2)(C)
- Pub. L. 104–210, § 1(a)(2)(D)
- Pub. L. 104–210, § 1(a)(2)(E)
Citation graph
cites case law
§ 1791
Bill Emerson Good Samaritan Food Donation Act
Bills×88
Stat. Comp.×9
Stat.×9
U.S.C.×9
Pub. L.×5
Fed. Reg.×3
Pub. L.Pub. L. 89–642, § 22
Pub. L.Pub. L. 101–610, title IV, § 402
Stat.104 Stat. 3183
Pub. L.Pub. L. 104–210, § 1(a)(2)
Stat.110 Stat. 3011
Cites 15 · showing 7Cited by 123 across 6 sources