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 non-profit organizations for distribution to needy individuals. This new law makes it easier to donate. Here's how:
One Hundred Fourth Congress of the United States of America
At the Second Session
Begun and held at the City of Washington on Wednesday, the third day of January, one thousand nine hundred and ninety-six.
An ActTo 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. CONVERSION TO PERMANENT LAW OD MODEL GOOD SAMARITAN FOOD DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT OF 1966.
(a) Conversion to Permanent Law. -- Title IV of the National and Community Service Act of 1990 is amended --
(B) in subsection (a), by striking "Good Samaritan" and inserting "Bill Emerson Good Samaritan:"
(C) in subsection (b)(7), to read as follows:
"(7) 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.";
(D) by striking subsection (c) and inserting the following:
"(c) LIABILITY FOR DAMAGES FROM DONATED FOOD AND GROCERY PRODUCTS.
"(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."; and
Speaker of the House of Representatives
President of the Senate Pro Tempore
William J. Clinton
President of the United States
Text provided by Second Harvest.