
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1791]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 13A--CHILD NUTRITION
 
Sec. 1791. Bill Emerson Good Samaritan Food Donation Act


(a) Short title

    This section may be cited as the ``Bill Emerson Good Samaritan Food 
Donation Act''.

(b) Definitions

    As used in this section:

                 (1) Apparently fit grocery product

        The term ``apparently fit grocery product'' means a grocery 
    product that meets all quality and labeling standards imposed by 
    Federal, State, and local laws and regulations even though the 
    product may not be readily marketable due to appearance, age, 
    freshness, grade, size, surplus, or other conditions.

                    (2) Apparently wholesome food

        The term ``apparently wholesome food'' means food that meets all 
    quality and labeling standards imposed by Federal, State, and local 
    laws and regulations even though the food may not be readily 
    marketable due to appearance, age, freshness, grade, size, surplus, 
    or other conditions.

                             (3) Donate

        The term ``donate'' means to give without requiring anything of 
    monetary value from the recipient, except that the term shall 
    include giving by a nonprofit organization to another nonprofit 
    organization, notwithstanding that the donor organization has 
    charged a nominal fee to the donee organization, if the ultimate 
    recipient or user is not required to give anything of monetary 
    value.

                              (4) Food

        The term ``food'' means any raw, cooked, processed, or prepared 
    edible substance, ice, beverage, or ingredient used or intended for 
    use in whole or in part for human consumption.

                             (5) Gleaner

        The term ``gleaner'' means a person who harvests for free 
    distribution to the needy, or for donation to a nonprofit 
    organization for ultimate distribution to the needy, an agricultural 
    crop that has been donated by the owner.

                         (6) Grocery product

        The term ``grocery product'' means a nonfood grocery product, 
    including a disposable paper or plastic product, household cleaning 
    product, laundry detergent, cleaning product, or miscellaneous 
    household item.

                        (7) Gross negligence

        The term ``gross negligence'' means voluntary and conscious 
    conduct (including a failure to act) by a person who, at the time of 
    the conduct, knew that the conduct was likely to be harmful to the 
    health or well-being of another person.

                     (8) Intentional misconduct

        The term ``intentional misconduct'' means conduct by a person 
    with knowledge (at the time of the conduct) that the conduct is 
    harmful to the health or well-being of another person.

                     (9) Nonprofit organization

        The term ``nonprofit organization'' means an incorporated or 
    unincorporated entity that--
            (A) is operating for religious, charitable, or educational 
        purposes; and
            (B) does not provide net earnings to, or operate in any 
        other manner that inures to the benefit of, any officer, 
        employee, or shareholder of the entity.

                             (10) Person

        The term ``person'' means an individual, corporation, 
    partnership, organization, association, or governmental entity, 
    including a retail grocer, wholesaler, hotel, motel, manufacturer, 
    restaurant, caterer, farmer, and nonprofit food distributor or 
    hospital. In the case of a corporation, partnership, organization, 
    association, or governmental entity, the term includes an officer, 
    director, partner, deacon, trustee, council member, or other elected 
    or appointed individual responsible for the governance of the 
    entity.

(c) Liability for damages from donated food and grocery products

                 (1) Liability of person or gleaner

        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.

               (2) Liability of nonprofit organization

        A nonprofit organization 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 nonprofit organization received as a donation in 
    good faith from a person or gleaner for ultimate distribution to 
    needy individuals.

                            (3) Exception

        Paragraphs (1) and (2) shall not apply to an injury to or death 
    of an ultimate user or recipient of the food or grocery product that 
    results from an act or omission of the person, gleaner, or nonprofit 
    organization, as applicable, constituting gross negligence or 
    intentional misconduct.

(d) Collection or gleaning of donations

    A person who allows the collection or gleaning of donations on 
property owned or occupied by the person by gleaners, or paid or unpaid 
representatives of a nonprofit organization, for ultimate distribution 
to needy individuals shall not be subject to civil or criminal liability 
that arises due to the injury or death of the gleaner or representative, 
except that this paragraph shall not apply to an injury or death that 
results from an act or omission of the person constituting gross 
negligence or intentional misconduct.

(e) Partial compliance

    If some or all of the donated food and grocery products do not meet 
all quality and labeling standards imposed by Federal, State, and local 
laws and regulations, the person or gleaner who donates the food and 
grocery products shall not be subject to civil or criminal liability in 
accordance with this section if the nonprofit organization that receives 
the donated food or grocery products--
        (1) is informed by the donor of the distressed or defective 
    condition of the donated food or grocery products;
        (2) agrees to recondition the donated food or grocery products 
    to comply with all the quality and labeling standards prior to 
    distribution; and
        (3) is knowledgeable of the standards to properly recondition 
    the donated food or grocery product.

(f) Construction

    This section shall not be construed to create any liability. Nothing 
in this section shall be construed to supercede State or local health 
regulations.

(Pub. L. 89-642, Sec. 22, formerly Pub. L. 101-610, title IV, Sec. 402, 
Nov. 16, 1990, 104 Stat. 3183; renumbered Sec. 22 and amended Pub. L. 
104-210, Sec. 1(a)(2), (b), Oct. 1, 1996, 110 Stat. 3011, 3012.)

                          Codification

    Section was formerly classified to section 12672 of this title prior 
to renumbering by Pub. L. 104-210.


                               Amendments

    1996--Pub. L. 104-210, Sec. 1(a)(2)(A), substituted ``Bill Emerson'' 
for ``Model'' in section catchline.
    Subsec. (a). Pub. L. 104-210, Sec. 1(a)(2)(B), inserted ``Bill 
Emerson'' before ``Good''.
    Subsec. (b)(7). Pub. L. 104-210, Sec. 1(a)(2)(C), reenacted heading 
without change and amended text generally. Prior to amendment, text read 
as follows: ``The term `gross negligence' means voluntary and conscious 
conduct by a person with knowledge (at the time of the conduct) that the 
conduct is likely to be harmful to the health or well-being of another 
person.''
    Subsec. (c). Pub. L. 104-210, Sec. 1(a)(2)(D), added subsec. (c) and 
struck out heading and text of former subsec. (c). Text read as follows: 
``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, except that this paragraph 
shall not apply to an injury to or death of an ultimate user or 
recipient of the food or grocery product that results from an act or 
omission of the donor constituting gross negligence or intentional 
misconduct.''
    Subsec. (f). Pub. L. 104-210, Sec. 1(a)(2)(E), inserted at end 
``Nothing in this section shall be construed to supercede State or local 
health regulations.''
