U.S Code last checked for updates: Oct 16, 2024
All TitlesTitle 42Chapter 13A
§ 1791.
Bill Emerson Good Samaritan Food Donation Act
(a)
Short title
(b)
Definitions
As used in this section:
(1)
Apparently fit grocery product
(2)
Apparently wholesome food
(3)
Donate
(4)
Food
(5)
Gleaner
(6)
Good Samaritan reduced price
(7)
Grocery product
(8)
Gross negligence
(9)
Intentional misconduct
(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
(12)
Qualified direct donor
(c)
Liability for damages from donated food and grocery products
(1)
Liability of person or gleaner
(2)
Liability of nonprofit organization
(3)
Direct donations to needy individuals
(4)
Exception
(d)
Collection or gleaning of donations
(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
(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.)
cite as: 42 USC 1791
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