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Kentucky Harvest would like to thank those who have donated food. Your generosity has touched more people than you know in our community. Please fill out the information on the right and we will contact you as soon as possible.
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THE BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT
A CITIZEN'S GUIDE TO FOOD RECOVERY
When citizens volunteer their time and resources to help feed hungry people, they are rightfully concerned that they are putting themselves at legal risk. Fortunately, recent legislation provides uniform national protection to citizens, businesses, and nonprofit organizations that act in good faith to donate, recover, and distribute excess food.
The Bill Emerson Good Samaritan Food Donation Act converts Title IV of the National and Community Service Act of 1990, known as the Model Good Samaritan Food Donation Act, into permanent law, within the Child Nutrition Act of 1966. Congress passed the legislation in late September, 1996 and President Clinton signed the bill into law on October 1, 1996. The Act is designed to encourage the donation of food and grocery products to nonprofit organizations such as homeless shelters, soup kitchens, and churches for distribution to needy individuals.
The Bill Emerson Good Samaritan Food Donation Act promotes food recovery by limiting the liability of donors to instances of gross negligence or intentional misconduct. The Act further states that, absent gross negligence or intentional misconduct, persons, gleaners, and nonprofit organizations shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or apparently fit grocery products received as donations. It also establishes basic nationwide uniform definitions pertaining to donation and distribution of nutritious foods and will help assure that donated foods meet all quality and labeling standards of Federal, State, and local laws and regulations.
Although the Bill Emerson Good Samaritan Food Donation Act takes precedence over the various State forms of Good Samaritan statutes, it may not entirely replace such statutes. As a Federal statute, The Emerson Act creates a uniform minimum level of protection from liability for donors and gleaners nationwide. But State Good Samaritan statutes still may provide protection for donors and gleaners above and beyond that guaranteed in the Federal statute. Therefore, local organizations should be familiar with such State statutes.
In addition, the Emerson Act does not alter or interfere with State or local health regulations or workers'compensation laws. Local organizations in each State should also be familiar with the impact upon food recovery projects of State or local health regulations and workers' compensation laws.
A CITIZEN'S GUIDE TO FOOD RECOVERY
When citizens volunteer their time and resources to help feed hungry people, they are rightfully concerned that they are putting themselves at legal risk. Fortunately, recent legislation provides uniform national protection to citizens, businesses, and nonprofit organizations that act in good faith to donate, recover, and distribute excess food.
The Bill Emerson Good Samaritan Food Donation Act converts Title IV of the National and Community Service Act of 1990, known as the Model Good Samaritan Food Donation Act, into permanent law, within the Child Nutrition Act of 1966. Congress passed the legislation in late September, 1996 and President Clinton signed the bill into law on October 1, 1996. The Act is designed to encourage the donation of food and grocery products to nonprofit organizations such as homeless shelters, soup kitchens, and churches for distribution to needy individuals.
The Bill Emerson Good Samaritan Food Donation Act promotes food recovery by limiting the liability of donors to instances of gross negligence or intentional misconduct. The Act further states that, absent gross negligence or intentional misconduct, persons, gleaners, and nonprofit organizations shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or apparently fit grocery products received as donations. It also establishes basic nationwide uniform definitions pertaining to donation and distribution of nutritious foods and will help assure that donated foods meet all quality and labeling standards of Federal, State, and local laws and regulations.
Although the Bill Emerson Good Samaritan Food Donation Act takes precedence over the various State forms of Good Samaritan statutes, it may not entirely replace such statutes. As a Federal statute, The Emerson Act creates a uniform minimum level of protection from liability for donors and gleaners nationwide. But State Good Samaritan statutes still may provide protection for donors and gleaners above and beyond that guaranteed in the Federal statute. Therefore, local organizations should be familiar with such State statutes.
In addition, the Emerson Act does not alter or interfere with State or local health regulations or workers'compensation laws. Local organizations in each State should also be familiar with the impact upon food recovery projects of State or local health regulations and workers' compensation laws.