Most restaurants and stores do not donate food because they inaccurately believe they will be held responsible if someone gets sick. Numerous state and national legislation bills protect donees from being held responsible. The key passage states that donees will not be liable regardless of the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.
This legislation was put in place to protect companies that donate and incentivize organizations to donate food so it could impact needy individuals. The first is the national legislation, followed by the various state legislation providing, even more, protection to companies. Companies and farms are protected in working with FoodFull because we work exclusively with 501(c)(3) Non Profits.
Moreover, on top of the donee protections, FoodFull works to ensure that anything you donate receives the enhanced deduction helping stretch your donation even further.
*Each of the bills listed below only contain a section of the overall bill, please read them in their entirety. You are responsible for operating within the constructs of the entire bills.
United States Code, Bill Emerson Good Samaritan Food Donation Act, Title 42, Chapter 13A, Section 1791 (c)(1)
A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.
This section shall not be construed to create any liability.
https://www.gpo.gov/fdsys/granule/USCODE-2010-title42/USCODE-2010-title42-chap13A-sec1791
Food Donation Act of 2017
A qualified direct donor shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the qualified direct donor donates in good faith or sells at a good Samaritan reduced
California Health and Safety Code, Section 114433
No food facility that donates food as permitted by Section 114432 shall be subject to civil or criminal liability or penalty for violation of any laws, regulations, or ordinances regulating the labeling or packaging of the donated product or, with respect to any laws, regulations, or ordinances, for a violation occurring after the time of donation.
2016 Arizona Revised Statutes Title 36 – Public Health and Safety § 36-916 Donation of food items; exemption from civil liability
A. A person who makes a good faith donation of an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization or to any other person is not liable for damages in any civil action for any injury or death due to the condition of the apparently wholesome food item or apparently fit nonfood grocery product unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donor.
B. A person who harvests an apparently wholesome food item and makes a good faith donation of the apparently wholesome food item to a charitable or nonprofit organization or to any other person is entitled to the same exemption from civil liability as prescribed in subsection A.
https://law.justia.com/codes/arizona/2016/title-36/section-36-916