A bill to amend the Bill Emerson Good Samaritan Food Donation Act
Jan 5, 2023
Statute: 136 Stat. 6295
Became law: Jan 5, 2023
Jan 5, 2023
Statute: 136 Stat. 6295
Became law: Jan 5, 2023
Summary
Protects food donors from lawsuits, making it easier for them to give food directly to people in need or sell it at a very low cost to non-profits.
What problem does this solve?
Businesses and farms often throw away good food because they fear being sued if someone gets sick. This law reduces that fear by giving more legal protection to donors, which encourages them to give away more food instead of wasting it.
What does this law do?
Creates new protection for direct donations
Shields qualified donors like restaurants, farms, and schools from lawsuits when they donate good food directly to people in need for free.
Protects donors who charge a small fee
Allows non-profits to be charged a small fee to cover the costs of handling and moving donated food, without the donor losing legal protection.
Defines 'Qualified direct donor'
Specifies that retail grocers, farmers, restaurants, caterers, and schools are considered qualified donors able to give food directly to individuals.
Defines 'Good Samaritan reduced price'
Establishes a rule for a low price that only covers the cost to handle, package, and transport donated food, not for profit.
Who does this affect?
- Food insecure individuals and families
- Food producers and retailers (farms, grocers, restaurants)
- Food banks and charities
What is the real world impact?
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Reduces food waste and hunger
Encourages businesses, farms, and schools to donate surplus food instead of throwing it away by protecting them from legal liability. This helps get more food to people who need it.
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Clarifies rules for modern food donation
Updates the law to explicitly cover direct donations from businesses to individuals and allows for small fees to cover transportation and handling costs, which were previously legal gray areas.
When does this start?
This law takes effect as soon as it is signed.

