{"identifier":"/us/usc/t42/s1791","title":42,"num":"\u00a7\u202f1791.","heading":"Bill Emerson Good Samaritan Food Donation Act","text":"\u00a7\u202f1791.\nBill Emerson Good Samaritan Food Donation Act\n(a)\nShort title\nThis section may be cited as the \u201cBill Emerson Good Samaritan Food Donation Act\u201d.\n(b)\nDefinitions\nAs used in this section:\n(1)\nApparently fit grocery product\nThe term \u201capparently fit grocery product\u201d means a grocery product that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.\n(2)\nApparently wholesome food\nThe term \u201capparently wholesome food\u201d means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.\n(3)\nDonate\nThe term \u201cdonate\u201d means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value or is charged a good Samaritan reduced price.\n(4)\nFood\nThe term \u201cfood\u201d means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.\n(5)\nGleaner\nThe term \u201cgleaner\u201d means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.\n(6)\nGood Samaritan reduced price\nThe term \u201cgood Samaritan reduced price\u201d means, with respect to the price of an apparently wholesome food or apparently fit grocery product, a price that is an amount not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing the apparently wholesome food or apparently fit grocery product.\n(7)\nGrocery product\nThe term \u201cgrocery product\u201d means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.\n(8)\nGross negligence\nThe term \u201cgross negligence\u201d means voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person.\n(9)\nIntentional misconduct\nThe term \u201cintentional misconduct\u201d means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person.\n(10)\nNonprofit organization\nThe term \u201cnonprofit organization\u201d means an incorporated or unincorporated entity that\u2014\n(A) is operating for religious, charitable, or educational purposes; and\n(B) does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.\n(11)\nPerson\nThe term \u201cperson\u201d means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity.\n(12)\nQualified direct donor\nThe term \u201cqualified direct donor\u201d means a retail grocer, wholesaler, agricultural producer, agricultural processor, agricultural distributor, restaurant, caterer, school food authority, or institution of higher education (as defined in\nsection 1002 of title 20\n(c)\nLiability for damages from donated food and grocery products\n(1)\nLiability of person or gleaner\nA person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals at zero cost or at a good Samaritan reduced price.\n(2)\nLiability of nonprofit organization\nA nonprofit organization shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to needy individuals at zero cost or at a good Samaritan reduced price.\n(3)\nDirect donations to needy individuals\nA qualified direct donor shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the qualified direct donor donates in good faith to a needy individual at zero cost.\n(4)\nException\nParagraphs (1), (2), and (3) shall not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the person, gleaner, or nonprofit organization, as applicable, constituting gross negligence or intentional misconduct.\n(d)\nCollection or gleaning of donations\nA person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals shall not be subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this paragraph shall not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.\n(e)\nPartial compliance\nIf some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by Federal, State, and local laws and regulations, the person or gleaner who donates the food and grocery products shall not be subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products\u2014\n(1) is informed by the donor of the distressed or defective condition of the donated food or grocery products;\n(2) agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and\n(3) is knowledgeable of the standards to properly recondition the donated food or grocery product.\n(f)\nConstruction\nThis section shall not be construed to create any liability. Nothing in this section shall be construed to supercede State or local health regulations.","url":"https://projectusc.org/usc/t42/s1791.html","content":[{"t":"sec","id":"/us/usc/t42/s1791","children":[{"t":"num","text":"\u00a7\u202f1791."},{"t":"heading","text":"Bill Emerson Good Samaritan Food Donation Act"},{"t":"subsec","id":"/us/usc/t42/s1791/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Short title"},{"t":"content","children":[{"t":"p","text":"This section may be cited as the \u201cBill Emerson Good Samaritan Food Donation Act\u201d.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1791/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"As used in this section:"},{"t":"para","id":"/us/usc/t42/s1791/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Apparently fit grocery product"},{"t":"content","children":[{"t":"p","text":"The term \u201capparently fit grocery product\u201d means a grocery product that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Apparently wholesome food"},{"t":"content","children":[{"t":"p","text":"The term \u201capparently wholesome food\u201d means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Donate"},{"t":"content","children":[{"t":"p","text":"The term \u201cdonate\u201d means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value or is charged a good Samaritan reduced price.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Food"},{"t":"content","children":[{"t":"p","text":"The term \u201cfood\u201d means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Gleaner"},{"t":"content","children":[{"t":"p","text":"The term \u201cgleaner\u201d means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Good Samaritan reduced price"},{"t":"content","children":[{"t":"p","text":"The term \u201cgood Samaritan reduced price\u201d means, with respect to the price of an apparently wholesome food or apparently fit grocery product, a price that is an amount not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing the apparently wholesome food or apparently fit grocery product.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Grocery product"},{"t":"content","children":[{"t":"p","text":"The term \u201cgrocery product\u201d means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Gross negligence"},{"t":"content","children":[{"t":"p","text":"The term \u201cgross negligence\u201d means voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Intentional misconduct"},{"t":"content","children":[{"t":"p","text":"The term \u201cintentional misconduct\u201d means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Nonprofit organization"},{"t":"chapeau","text":"The term \u201cnonprofit organization\u201d means an incorporated or unincorporated entity that\u2014"},{"t":"subpara","id":"/us/usc/t42/s1791/b/10/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is operating for religious, charitable, or educational purposes; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1791/b/10/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/b/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Qualified direct donor"},{"t":"content","children":[{"t":"p","text":"The term \u201cqualified direct donor\u201d means a retail grocer, wholesaler, agricultural producer, agricultural processor, agricultural distributor, restaurant, caterer, school food authority, or institution of higher education (as defined in ","children":[{"t":"ref","text":"section 1002 of title 20","href":"/us/usc/t20/s1002","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1791/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Liability for damages from donated food and grocery products"},{"t":"para","id":"/us/usc/t42/s1791/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Liability of person or gleaner"},{"t":"content","children":[{"t":"p","text":"A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals at zero cost or at a good Samaritan reduced price.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Liability of nonprofit organization"},{"t":"content","children":[{"t":"p","text":"A nonprofit organization shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to needy individuals at zero cost or at a good Samaritan reduced price.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Direct donations to needy individuals"},{"t":"content","children":[{"t":"p","text":"A qualified direct donor shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the qualified direct donor donates in good faith to a needy individual at zero cost.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Exception"},{"t":"content","children":[{"t":"p","text":"Paragraphs (1), (2), and (3) shall not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the person, gleaner, or nonprofit organization, as applicable, constituting gross negligence or intentional misconduct.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1791/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Collection or gleaning of donations"},{"t":"content","children":[{"t":"p","text":"A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals shall not be subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this paragraph shall not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1791/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Partial compliance"},{"t":"chapeau","text":"If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by Federal, State, and local laws and regulations, the person or gleaner who donates the food and grocery products shall not be subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products\u2014"},{"t":"para","id":"/us/usc/t42/s1791/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" is informed by the donor of the distressed or defective condition of the donated food or grocery products;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1791/e/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" is knowledgeable of the standards to properly recondition the donated food or grocery product.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1791/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Construction"},{"t":"content","children":[{"t":"p","text":"This section shall not be construed to create any liability. Nothing in this section shall be construed to supercede State or local health regulations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}