---
kind: "section"
citation: "42 U.S.C. § 1791"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1791"
heading: "Bill Emerson Good Samaritan Food Donation Act"
release: "119-102"
url: "https://uscodex.org/usc/42/1791"
units:
  - "Chapter 13A — Child Nutrition"
---

# §1791. Bill Emerson Good Samaritan Food Donation Act

- (a) **Short title—** This section may be cited as the “Bill Emerson Good Samaritan [Food](#b-4) Donation Act”.
- (b) **Definitions—** As used in this section:
  - (1) **Apparently fit grocery product—** The term “apparently fit grocery product” means a [grocery product](#b-7) that meets all quality and labeling [standards](/usc/42/1320d.md?p=7) imposed by Federal, [State](/usc/42/1784.md?p=1), 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](#b-4) that meets all quality and labeling [standards](/usc/42/1320d.md?p=7) imposed by Federal, [State](/usc/42/1784.md?p=1), and local laws and regulations even though the [food](#b-4) 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](/usc/42/2996a.md?p=6), except that the term shall include giving by a [nonprofit organization](#b-10) to another [nonprofit organization](#b-10), notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate [recipient](/usc/42/2996a.md?p=6) or user is not required to give anything of monetary value or is charged a [good Samaritan reduced price](#b-6).
  - (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](#b-11) who harvests for free distribution to the needy, or for donation to a [nonprofit organization](#b-10) for ultimate distribution to the needy, an agricultural crop that has been donated by the [owner](/usc/42/13641.md?p=4).
  - (6) **Good Samaritan reduced price—** The term “good Samaritan reduced price” means, with respect to the price of an [apparently wholesome food](#b-2) or [apparently fit grocery product](#b-1), a price that is an amount not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing the [apparently wholesome food](#b-2) or [apparently fit grocery product](#b-1).
  - (7) **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.
  - (8) **Gross negligence—** The term “gross negligence” means voluntary and conscious conduct (including a failure to act) by a [person](#b-11) 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](#b-11).
  - (9) **Intentional misconduct—** The term “intentional misconduct” means conduct by a [person](#b-11) with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another [person](#b-11).
  - (10) **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](/usc/42/1320a–7h.md?p=e-7), or shareholder of the entity.
  - (11) **Person—** The term “person” means an individual, [corporation](/usc/42/2296b–7.md?p=1), partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, [manufacturer](/usc/42/300aa–33.md?p=3), restaurant, caterer, farmer, and nonprofit [food](#b-4) distributor or [hospital](/usc/42/1395dd.md?p=e-5). In the case of a [corporation](/usc/42/2296b–7.md?p=1), partnership, organization, association, or governmental entity, the term includes an officer, [director](/usc/42/5061.md?p=1), partner, deacon, trustee, [council](/usc/42/300f.md?p=9) member, or other elected or appointed individual responsible for the governance of the entity.
  - (12) **Qualified direct donor—** The term “qualified direct donor” means a retail grocer, wholesaler, agricultural producer, agricultural processor, agricultural distributor, restaurant, caterer, [school](/usc/42/6372.md?p=1) [food](#b-4) authority, or [institution of higher education](/usc/42/6371h–1.md?p=a-4) (as defined in [section 1002 of title 20](/usc/20/1002.md)).
- (c) **Liability for damages from donated food and grocery products—**
  - (1) **Liability of person or gleaner—** A [person](#b-11) or [gleaner](#b-5) shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of [apparently wholesome food](#b-2) or an [apparently fit grocery product](#b-1) that the [person](#b-11) or [gleaner](#b-5) [donates](#b-3) in good faith to a [nonprofit organization](#b-10) for ultimate distribution to needy individuals at zero cost or at a [good Samaritan reduced price](#b-6).
  - (2) **Liability of nonprofit organization—** A [nonprofit organization](#b-10) shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of [apparently wholesome food](#b-2) or an [apparently fit grocery product](#b-1) that the [nonprofit organization](#b-10) received as a donation in good faith from a [person](#b-11) or [gleaner](#b-5) for ultimate distribution to needy individuals at zero cost or at a [good Samaritan reduced price](#b-6).
  - (3) **Direct donations to needy individuals—** A [qualified direct donor](#b-12) shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of [apparently wholesome food](#b-2) or an [apparently fit grocery product](#b-1) that the [qualified direct donor](#b-12) [donates](#b-3) in good faith to a needy individual at zero cost.
  - (4) **Exception—** Paragraphs [(1)](#c-1), [(2)](#c-2), and [(3)](#c-3) shall not apply to an injury to or death of an ultimate user or [recipient](/usc/42/2996a.md?p=6) of the [food](#b-4) or [grocery product](#b-7) that results from an act or omission of the [person](#b-11), [gleaner](#b-5), or [nonprofit organization](#b-10), as applicable, constituting [gross negligence](#b-8) or [intentional misconduct](#b-9).
- (d) **Collection or gleaning of donations—** A [person](#b-11) who allows the collection or gleaning of donations on property owned or occupied by the [person](#b-11) by [gleaners](#b-5), or paid or unpaid [representatives](/usc/42/3058f.md?p=5) of a [nonprofit organization](#b-10), 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](#b-5) or [representative](/usc/42/3058f.md?p=5), except that this paragraph shall not apply to an injury or death that results from an act or omission of the [person](#b-11) constituting [gross negligence](#b-8) or [intentional misconduct](#b-9).
- (e) **Partial compliance—** If some or all of the donated [food](#b-4) and [grocery products](#b-7) do not meet all quality and labeling [standards](/usc/42/1320d.md?p=7) imposed by Federal, [State](/usc/42/1784.md?p=1), and local laws and regulations, the [person](#b-11) or [gleaner](#b-5) who [donates](#b-3) the [food](#b-4) and [grocery products](#b-7) shall not be subject to civil or criminal liability in accordance with this section if the [nonprofit organization](#b-10) that receives the donated [food](#b-4) or [grocery products](#b-7)—
  - (1) is informed by the donor of the distressed or defective condition of the donated [food](#b-4) or [grocery products](#b-7);
  - (2) agrees to recondition the donated [food](#b-4) or [grocery products](#b-7) to comply with all the quality and labeling [standards](/usc/42/1320d.md?p=7) prior to distribution; and
  - (3) is knowledgeable of the [standards](/usc/42/1320d.md?p=7) to properly recondition the donated [food](#b-4) or [grocery product](#b-7).
- (f) **Construction—** This section shall not be construed to create any liability. Nothing in this section shall be construed to supercede [State](/usc/42/1784.md?p=1) or local health regulations.

## Source credit

(Pub. L. 89–642, § 22, formerly Pub. L. 101–610, title IV, § 402, Nov. 16, 1990, 104 Stat. 3183; renumbered § 22 and amended Pub. L. 104–210, § 1(a)(2), (b), Oct. 1, 1996, 110 Stat. 3011, 3012; Pub. L. 117–362, § 1, Jan. 5, 2023, 136 Stat. 6295.)

## Notes

### Editorial Notes

### Codification

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

### Amendments

2023—Subsec. (b)(3). Pub. L. 117–362, § 1(1)(A), inserted “or is charged a good Samaritan reduced price” before period at end.

Subsec. (b)(6) to (11). Pub. L. 117–362, § 1(1)(B), (C), added par. (6) and redesignated former pars. (6) to (10) as (7) to (11), respectively.

Subsec. (b)(12). Pub. L. 117–362, § 1(1)(D), added par. (12).

Subsec. (c)(1), (2). Pub. L. 117–362, § 1(2)(A), inserted “at zero cost or at a good Samaritan reduced price” after “needy individuals”.

Subsec. (c)(3). Pub. L. 117–362, § 1(2)(C), added par. (3). Former par. (3) redesignated (4).

Subsec. (c)(4). Pub. L. 117–362, § 1(2)(B), (D), redesignated par. (3) as (4) and substituted “, (2), and (3)” for “and (2)”.

1996—Pub. L. 104–210, § 1(a)(2)(A), substituted “Bill Emerson” for “Model” in section catchline.

Subsec. (a). Pub. L. 104–210, § 1(a)(2)(B), inserted “Bill Emerson” before “Good”.

Subsec. (b)(7). Pub. L. 104–210, § 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, § 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, § 1(a)(2)(E), inserted at end “Nothing in this section shall be construed to supercede State or local health regulations.”