The Federal Bill Emerson Good Samaritan Food Donation Act
An act passed during Bill Clinton's presidency in 1996, this act is meant to encourage the donation of food to nonprofit organizations, like ourselves, so that we can distribute it to those in need. It boils down to the fact which states that any person(s) can give food to nonprofit organizations at no risk to themselves, so long as it's in good faith and not given knowing that future parties could be negatively affected by the donation. Additionally, in 2008, Congress passed the Federal Food Donation Act which also is meant to encourage executive agencies and their contractors to donate excess food as well. The big impact of these acts is that it helps those in need while protecting those who donate from suffering any undue legal implications because of their good faith donations.
The act is noted as follows:
The Committee on Economic and Educational Opportunities, to whom was referred the bill (H.R. 2428) to encourage the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by giving the Model Good Samaritan Food Donation Act the full force and effect of law, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof the following:
SECTION 1. CONVERSION TO PERMANENT LAW OF MODEL GOOD SAMARITAN FOOD DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT OF 1966.
(a) Conversion to Permanent Law.--Title IV of the National and Community Service Act of 1990 is amended-- (1) by striking sections 401 and 403 (42 U.S.C. 12671 and 12673); and
(2) in section 402 (42 U.S.C. 12672)--
(A) in the section heading, by striking ``MODEL'' and inserting ``BILL EMERSON'';
(B) in subsection (a), by striking ``Good Samaritan'' and inserting ``Bill Emerson Good Samaritan''; and
(C) in subsection (c)-- (i) by striking ``A person or gleaner'' and inserting the following: ``
(1) Liability of person or gleaner.--A person or gleaner''; (ii) by striking ``needy individuals,'' and inserting ``needy individuals.''; (iii) by inserting after ``needy individuals.'' (as added by clause (ii)) the following: ``
(2) Liability of nonprofit organization.--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.''; and (iv) by striking ``except that this paragraph'' and inserting the following: ``
(3) Exception.--Paragraphs (1) and (2)''.
(b) Transfer to Child Nutrition Act of 1966.--Section 402 of the National and Community Service Act of 1990 (42 U.S.C. 12672) (as amended by subsection (a))--
(1) is transferred from the National and Community Service Act of 1990 to the Child Nutrition Act of 1966;
(2) is redesignated as section 22 of the Child Nutrition Act of 1966; and
(3) is added at the end of such Act.
Newt Gingrich
Speaker of the House of Representatives
Strom Thurmond
President of the Senate Pro Tempore
Approved 10/01/96
William J. Clinton
President of the United States
P.L. 104-210
The Committee on Economic and Educational Opportunities, to whom was referred the bill (H.R. 2428) to encourage the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by giving the Model Good Samaritan Food Donation Act the full force and effect of law, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof the following:
SECTION 1. CONVERSION TO PERMANENT LAW OF MODEL GOOD SAMARITAN FOOD DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT OF 1966.
(a) Conversion to Permanent Law.--Title IV of the National and Community Service Act of 1990 is amended-- (1) by striking sections 401 and 403 (42 U.S.C. 12671 and 12673); and
(2) in section 402 (42 U.S.C. 12672)--
(A) in the section heading, by striking ``MODEL'' and inserting ``BILL EMERSON'';
(B) in subsection (a), by striking ``Good Samaritan'' and inserting ``Bill Emerson Good Samaritan''; and
(C) in subsection (c)-- (i) by striking ``A person or gleaner'' and inserting the following: ``
(1) Liability of person or gleaner.--A person or gleaner''; (ii) by striking ``needy individuals,'' and inserting ``needy individuals.''; (iii) by inserting after ``needy individuals.'' (as added by clause (ii)) the following: ``
(2) Liability of nonprofit organization.--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.''; and (iv) by striking ``except that this paragraph'' and inserting the following: ``
(3) Exception.--Paragraphs (1) and (2)''.
(b) Transfer to Child Nutrition Act of 1966.--Section 402 of the National and Community Service Act of 1990 (42 U.S.C. 12672) (as amended by subsection (a))--
(1) is transferred from the National and Community Service Act of 1990 to the Child Nutrition Act of 1966;
(2) is redesignated as section 22 of the Child Nutrition Act of 1966; and
(3) is added at the end of such Act.
Newt Gingrich
Speaker of the House of Representatives
Strom Thurmond
President of the Senate Pro Tempore
Approved 10/01/96
William J. Clinton
President of the United States
P.L. 104-210