Should Liability Protections for Donors of Food to the Needy be Strengthened? (S. 2787)
Do you support or oppose this bill?
What is S. 2787?
(Updated April 10, 2019)
This bill — the Food Donation Act of 2018 — would expand civil and criminal liability protections for the donation of apparently fit grocery product or apparently wholesome food to people in need. It would clarify that the protections of the Bill Emerson Good Samaritan Food Donation Act cover food manufacturers, retailers, and restaurants — currently it protects individuals, businesses, and food recovery organizations. Donated food would have to have been donated in good faith, meet all quality and labeling requirements (or be reconditioned so it does), be distributed by the receiving nonprofit to needy individuals, and not be paid for by the needy individual.
Additionally, the bill would expand liability protections to donations of apparently fit grocery products or apparently wholesome food:
That is mislabeled in a manner that isn’t related to safety and safety-related labeling standards and regulations;
Which meets safety and safety-related labeling standards and regulations but is past the date label;
For which the receiving nonprofit is charged a “good Samaritan reduced” price that is no greater than the cost of handling, administering, and distributing the product; or
That is donated directly to a needy individual by a retail grocer, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education.
The bill would require the U.S. Dept. of Agriculture (USDA) to issue regulations with respect to the safety and safety-related labeling standards of apparently wholesome food and an apparently fit grocery product; promote awareness of food donation; and issue guidance with respect to the amendments to the Bill Emerson Good Samaritan Food Donation Act by this bill.
Argument in favor
This commonsense, bipartisan bill would strengthen liability protections to make it easier for grocers and restaurants to donate food to nonprofits and directly to the needy without jeopardizing food quality or safety.
Argument opposed
Congress shouldn’t expand liability protections for donors of food either directly to food insecure individuals or to nonprofit organizations which recover food they provide to the needy.
Impact
Food-insecure families and individuals; donors of food; and the USDA.
Cost of S. 2787
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Sponsoring Sen. Orrin Hatch (R-UT) introduced this bill to expand liability protections for food donors and nonprofit organizations that help those in need while ensuring donated foods are fit for consumption:
“Grocers and restaurants continue to cite liability concerns as a barrier to donating food to food-insecure families. That’s why I am happy to introduce this legislation which will empower these organizations to deliver excess food to those who need it most. Most importantly, this bill directs the establishment of clear standards for donated foods, so that increased food donations do not come at the expense of quality or the dignity of those in need.”
Emily Broad Leib, the Director of the Harvard Law School Food Law and Policy Clinic offered the following statement in support of this bill:
“The Harvard Law School Food Law and Policy Clinic (FLPC) is excited to see Senator Hatch taking action on such a pressing issue. FLPC is pleased to support this bill, which incorporates some of the key policy changes we’ve advocated for: clarifying the Emerson Act’s coverage, ensuring that protections address the modern food recovery landscape, and eliminating onerous barriers to increase food donations. By making small changes to the Emerson Act, the Food Donation Act can support big increases in wholesome food donations.”
This legislation has the support of one cosponsor, Sen. Richard Blumenthal (D-CT).
Media:
Summary by Eric Revell
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