How Are Retailers and Individuals Protected?

We offer a formal “Donation Request and Release of Liability” form to our donors. This document provides a comprehensive release of liability for every donation made by the donor (store) over time.

Federal Bill Emerson Good Samaritan Food Donation Act

In 1996, President Clinton signed the Federal Bill Emerson Good Samaritan Food Donation Act to encourage the donation of food and grocery products to non-profit organizations for distribution to needy individuals. This law protects the stores (donors) from liability when they donate to a non-profit organization. It protects the store from civil and criminal liability should the product donated in good faith later cause harm to the needy recipient. Standardizing donor liability exposure sets a floor of “gross negligence” or intentional misconduct for persons who donate grocery products. According to the law, gross negligence is defined as “voluntary and conscious conduct by a person with knowledge (at the time of conduct) that the conduct is likely to be harmful to the health or well-being of another person.