Am I Protected from Liability?
Often, the reason for food industry donations is overproduction or inventory control. Supermarket chains like H-E-B and hundreds of food manufacturers with brands names we see every time we shop for groceries know that legal liability is not an issue because of state and federal laws known, respectively, as the “Good Faith Donor Act” and the “Good Samaritan Act”. These laws state that a corporation, which donates apparently wholesome food to a nonprofit organization for distribution to the hungry, is not subject to civil or criminal liability that arises from the condition of the food. Corporations, individuals, partnerships, organizations, or associations do not need to let liability worries prevent them from donating as long as they donate “without intentional misconduct.”
Click these links for more information:
Good Faith Donor Act
Good Samaritan Act (pdf of actual bill)
Federal Bill Emerson Good Samaritan Food Donation Act
Donating food makes good business sense.
