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.
In 2023, the Food Donation Improvement Act was signed into law to strengthen and clarify protections for food donors. 412 Food Rescue worked with the bill’s author to ensure this language supported programs like the Good Food Project who charge a nominal fee for meals to cover operational costs. This new legislation:
At Food Rescue Hero, 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 partner’s 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 any of our Food Rescue Hero Network Partners, you are protected. They can provide:
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.
