42 U.S.C. § 1791 : US Code - Section 1791: Bill Emerson Good Samaritan Food Donation Act

Search 42 U.S.C. § 1791 : US Code - Section 1791: Bill Emerson Good Samaritan Food Donation Act

(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.
(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) 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.
(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.
(8) 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.
(9) 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.
(10) 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.
(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.
(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.