Source: Robin Roth, Senior Contracts Editor
E-Specs: October 18, 2005

Hurricane Katrina has caused many residents of the Gulf region to be relocated and in doing so has stretched the resources of many shelters throughout the country. With so many people being displaced there is a critical need for food donations to local shelters. One logical source - a seemingly simple solution - is donations of food left over from meetings. A stumbling block is that hotels and caterers can be reluctant to cooperate with charitable feeding programs because of liability concerns. It is important to know that there is a federal Good Samaritan law that offers protection from liability for food donations: the Bill Emerson Good Samaritan Food Donation Act, enacted in 1996.*

This law absolves individuals and nonprofit organizations from 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 [or the nonprofit organization receives from such individuals] for ultimate distribution to needy individuals.”* The exception would be if gross negligence or intentional misconduct of the donor caused death or injury. Clearly, the intent of the law is to encourage companies that have excess food to donate it to charitable feeding programs. Some individual states have enacted their own Good Samaritan laws but where a state law offers less protection, this federal law is apparently preemptive.

Along with state law, be sure to check local health department guidelines or regulations regarding proper procedures for donated food. There may be restrictions on prepared foods, on both what can be donated and what charitable organizations can accept. In some cases food servers can accommodate regulations by changing their procedure on serving food so un-served food is safe to donate. There are fewer restrictions on donations of the ingredients themselves that are left over. Also on the local level, check for websites that list hotels and businesses that participate in food donation programs. The list can be used to encourage other hotels to participate.

As an added benefit, your organization's food donations are probably tax deductible. Check with your accountant for specific details.

*See this link for relevant text of the law http://www.harvesters.org/bill_emerson.html

(Note: This information is not intended to be "legal advice." A qualified attorney should be consulted to review all contract issues.)