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.