Guides / Good Samaritan Food Donation Act

The Bill Emerson Good Samaritan Food Donation Act: A Guide for Food Rescues

Updated October 2026 · statute text checked October 10, 2026 · not legal advice

“What happens if someone gets sick?” is the question a food rescue hears from almost every new grocery, restaurant or caterer it approaches. The federal answer is the Bill Emerson Good Samaritan Food Donation Act, codified at 42 U.S.C. §1791, as amended by Public Law 117-362 (S. 5329, signed January 5, 2023; widely referred to as the Food Donation Improvement Act of 2022 — the enacted text itself carries no short title). This guide walks through what the statute actually says, using its own words where it matters, and what a food rescue can sensibly keep on file. It is a plain-language summary, not legal advice.

Who is protected

Subsection (c) gives three protections, each against “civil or criminal liability arising from the nature, age, packaging, or condition” of the donated food or grocery product:

Separately, §1791(d) protects a person who allows gleaners or representatives of a nonprofit to collect or glean donations on their property from liability for injury or death of the gleaner or representative, again except for gross negligence or intentional misconduct.

What food and products qualify

Past-date food: the definition expressly allows for food that is less marketable because of “age” or “freshness”, but only if it still meets all applicable federal, state and local quality and labeling standards. So whether a past-date item is covered turns on the rules where you operate — see can a food pantry give out food past the date?

Distressed or defective food (§1791(e)): if donated food does not meet all quality and labeling standards, the donor is still protected if the receiving nonprofit (1) is informed by the donor of the distressed or defective condition, (2) agrees to recondition it to meet all the standards before distribution, and (3) is knowledgeable of the standards to properly recondition it.

The 2023 change: zero cost or a “good Samaritan reduced price”

Before Public Law 117-362, protections for donors and nonprofits referred only to distribution to needy individuals. The amendment added “at zero cost or at a good Samaritan reduced price” to §1791(c)(1) and (c)(2) and defined the reduced price (§1791(b)(6)) as a price “not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing” the food or product. Two things follow:

Passing food from one nonprofit to another

Food rescue often moves food through more than one organization — a rescue to a pantry, a food bank to an agency. The statute’s definition of “donate” (§1791(b)(3)) means to give without requiring anything of monetary value from the recipient, but it expressly includes a nonprofit giving to another nonprofit even if the donor organization charged a nominal fee, provided the ultimate recipient or user is not required to give anything of monetary value or is charged a good Samaritan reduced price. In other words, the protection follows the food to the end user as long as the person who finally receives it pays nothing, or no more than the reduced price.

The exception: gross negligence and intentional misconduct

Under §1791(c)(4), none of the three protections applies to an injury to or death of an ultimate user or recipient that results from an act or omission of the donor, gleaner or nonprofit “constituting gross negligence or intentional misconduct.” The statute defines both:

Good faith is a condition of every protection, too.

What the Act does not do

Records a food rescue can keep

The statute does not require any particular records. But if a donor, funder, insurer or health inspector ever asks what happened to a load, the answer is in your records. Practical things to keep, as a matter of ordinary operating practice:

Business donors who give food inventory often ask a second question — about their tax deduction. The federal enhanced deduction for food inventory borrows this Act’s definition of “apparently wholesome food”; see the food donation tax deduction for businesses.

Where PantryPOS fits

PantryPOS is food pantry, food bank and food rescue records software. It does not give legal advice, decide whether a donation is protected, or plan routes. What it keeps:

More on the records side of food rescue: food rescue software; in California, SB 1383 food recovery recordkeeping and the free SB 1383 food recovery log. PantryPOS is $39 a month for the first location after a 30-day free trial, with no card to start.

Sources (checked October 10, 2026)

This guide summarizes federal statute text as published on October 10, 2026. It is not legal advice. Whether the Act protects a particular donation depends on the facts, and state and local law also apply; talk to a lawyer about your situation.

Keep a clean record of every pickup — free for 30 days. PantryPOS keeps donor records, receiving by weight and condition, inventory, cold-chain and donor letters in one system. Every feature, no card, and you are live the moment you submit — $39/month for the first location after the trial.
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