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(Last Updated 10/29/2024)
Food Donation Improvement Act
In November 2021, Senators Pat Toomey (R-PA) and Richard Blumenthal (D-CT) introduced the Food Donation Improvement Act (S. 3281), which would expand liability protection for food donation and reduce wasted food nationwide. A bipartisan coalition of representatives introduced the House version in December (H.R. 6251). Sponsors included Representatives James McGovern (D-MA), Dan Newhouse (R-WA), Chellie Pingree (D-ME), and Jackie Walorski (R-IN).
The bill enhances the coverage of the Bill Emerson Good Samaritan Food Donation Act (Emerson Act), which promotes food donation by providing civil and criminal liability protection to food donors and food recovery organizations. The Emerson Act provides a broad base of liability protection that was intended to encourage food donations, yet donors are often unaware of the Act’s protections or have outstanding questions regarding the Act. Many food manufacturers, retailers, and restaurants still cite fear of liability as a primary deterrent to donating food.
The Food Donation Improvement Act will help to clarify some of the ambiguous terms in the Emerson Act, promote awareness of the Act, and extend liability protection to support modern food donation.
This bill would:
- Improve federal oversight of liability protections for food donation under the Emerson Act by delegating authority of the Act to the U.S. Department of Agriculture and requiring USDA to write regulations explaining the safety and labeling requirements that must be met to maintain protection under the Act;
- Expand liability protections to food donations to include not only food given for free to the end recipient but also food sold at a reduced price to cover the cost of handling the products;
- Expand liability protections to include not only donations made via a nonprofit intermediary, but also donations made by a retail grocer, wholesaler, agricultural producer, restaurant, caterer, school food authority, and institution of higher education that donate food directly to individuals.