Prior to the passage of H.R. 2428, a review of state laws revealed
that legislators took a variety of approaches and used a wide
range of statutory language in their efforts to prevent good food
from going to waste and to protect the companies from liability
surrounding their donations. In an effort to encourage donations
of leftover food to food-rescue and charitable feeding programs,
H.R. 2428 sets uniform definitions and language into law, replacing
the state laws.
WHAT KINDS OF FOOD ARE PROTECTED?
The Bill Emerson
Good Samaritan Food Donation Act (Emerson Act) provides protection
for food and grocery products that meet all quality and labeling
standards imposed by federal, state, and local laws and regulations
even tough the food or product may not be “readily marketable
due to appearance, age, freshness, grade, size, surplus, or other
conditions.”
Food may include
any “raw, cooked, processed or prepared edible substance, ice,
beverage, or ingredient” used or intended for use by humans.
Grocery products can include nonfood products, including “disposable
paper or plastic products, household cleaning products, laundry
detergent, cleaning products, or miscellaneous household items”.
There are also provisions
to deal with food and products that do not meet quality and labeling
requirements of federal, state, and local laws.
WHO IS PROTECTED?
The national legislation
protects food donors, including individuals, and nonprofit feeding
programs, who act in good faith. While exceptions are noted for
gross negligence, the law states that these groups will 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”.
HOW DOES THE LAW IMPROVE ON THE STATE LAWS ALREADY IN EXISTENCE?
The national legislation
replaces all state laws, including those in the District of Columbia,
the commonwealth of Puerto Rico and all U.S. territories and possessions.
Under the national law, food donors need only seek protection under
one law. This should save significant time and resources on the
donor’s behalf and simplify the entire donation process.
HOW DOES THE NATIONAL LAW COMPARE TO THE STATE LAWS?
The Emerson Act has
actually existed as a model for state laws since 1990 when it was
placed in the National and Community Service Act of 1990, although
it did not carry Bill Emerson’s name until 1996. While state
laws have never been tested in courts, and food rescue programs
have worked hard to prevent even a single case of food-borne illness,
the national law is broader and simpler to apply.
WILL THE LEGISLATION BE REPEALED?
The national law
has received widespread bi-partisan support in the Senate and the
House of Representatives. Both legislative bodies passed the bill
by unanimous consent. Furthermore, the Emerson Act moves the Good
Samaritan Law from the National and Community Service Act of 1990
to the Childhood Nutrition Act of 1996. No challenges are expected.
