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Food Donation Liability Guidance

The Federal Bill Emerson Good Samaritan Food Donation Act was passed to encourage companies and organizations to donate food and groceries to non-profits for distribution to individuals in need. The legislation:
  • Protects donors from civil and criminal liability when donating product in good faith to a non-profit organization, should the product later cause harm to the recipient.

Donation protection card

Questions about the Bill Emerson Act and other liability protection? The Harvard Law School Food Law and Policy Clinic offers a Federal Liability Protection for Food Donation Legal Fact Sheet.

In addition, South Carolina law provides liability protection for food donors through S.C. Code of Laws §§ 15-74-10 et seq. According to the law, "the donor, in good faith, of distressed food apparently fit for human consumption, to a bona fide charitable or nonprofit organization or food bank or prepared and perishable food program for free distribution, is not subject to criminal penalty or civil damages arising from the condition of the food or the nature or condition of the land entered, unless an injury is caused by gross negligence, recklessness, or intentional misconduct of the donor."

National Food Waste Reduction Resources: