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The
Good Samaritan Law On October 1,
1996, President Clinton signed the Bill Emerson Good Samaritan Food
Donation Act to encourage the donation of food and grocery products
to nonprofit organizations for distribution to needy individuals.
This new law makes it easier to donate. Here's how:
- It protects donors from liability when donating to a nonprofit
organization.
- It protects donors from civil and criminal liability should
the product donated in good faith later cause harm to the needy
recipient.
- It standardizes donor liability exposure. Donors and their
legal counsel no longer have to investigate liability laws in 50
states.
- It sets a liability floor of "gross negligence" or intentional
misconduct for persons who donate grocery products. According to
the new 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."
- Congress recognized that the provision of food close to
recommended date of sale is, in and of itself, not grounds for
finding gross negligence. For example, cereal can be donated if it
is marked close-to-code date for retail sale.
Donating is easier now than ever before. America's Second Harvest
continues to meet or exceed the same federal food-handling and
safety regulations that govern the food and grocery industry.
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