Passed in 1996, the Bill Emerson Good Samaritan Food Donation Act was created to encourage companies, organizations, and individuals to donate surplus food to nonprofit organizations by limiting liability. Under this federal law, donors are protected from civil and criminal liability when food is donated in good faith to a nonprofit, even if the product later causes harm—as long as the food was safe to eat at the time of donation.
The Bill Emerson Good Samaritan Food Donation Act
Legal Protections for Food Donors
What is the Bill Emerson Good Samaritan Food Donation Act?
Expanded Protections Through the Food Donation Improvement Act
- Allows direct donations from businesses (like grocery stores and restaurants) to individuals served by nonprofits, rather than going solely through the nonprofit.
- Extends liability protection to donations offered to recipients at a good Samaritan reduced price—a price that is not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing the food. This introduction of coverage will encourage innovation in food distribution, leading to:
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- Decreased food waste,
- Broader access to food, and
- Food donation and recovery being more sustainable long-term, as it allows organizations to work with more partners and cover some operating costs.
- Reaffirms that donors and nonprofit partners are protected from liability when food is donated in good faith.
What This Means for Food Recovery with 412 Food Rescue
At 412 Food Rescue, we’re here to make food donation easy, safe, and impactful. Thanks to the Bill Emerson Good Samaritan Act and the Food Donation Improvement Act, our food donors—ranging from national retailer chains to local family-owned bakeries—can confidently share surplus food, knowing they are protected when donating responsibly.
Whether you’re donating prepackaged items, prepared meals, or produce, the law supports your decision to give rather than throw away. Some potential donors hesitate due to concerns about liability—but the law is clear. When you partner with a certified nonprofit like 412 Food Rescue, you are protected. We can provide:
- Clear documentation about the Bill Emerson Act and FDIA.
- Training documents for your staff to understand the donation process.
- Peace of mind through a legally sound food safety and handling program.
These laws are valuable resources as you consider donating surplus food. We’re happy to help you navigate any concerns and provide support every step of the way.
Join the growing network of local businesses in Pittsburgh & Western Pennsylvania committed to increasing food access and decreasing food waste. Partnering with 412 Food Rescue not only reduces waste and feeds community members in need, but it also helps build a more just and sustainable food system in our region.
Questions about donating? Email becca@412foodrescue.org.
