Congress recognized that the provision of food close to the date of recommended retail sale is, in and of itself, not grounds for finding gross negligence. For example, you can donate cereal marked close to code date for retail sale.
Easier to Do the Right Thing…
- Your company's support promotes corporate citizenship.
- A public survey indicates that 80% of survey respondents would be encouraged to buy products from companies supporting hunger relief.
- The 1995 Market Potential Report found that 83% of more than 240 companies polled cited "liability concerns" as the single greatest factor in determining if their company would donate product.
- In the same report, 75% of 300 companies interviewed reported greater satisfaction in donating food and grocery products than selling them to secondary markets, dumping or destroying them.
A nonprofit organization (even a church) needs 501(c)(3) status in order to benefit from the Bill Emerson Good Samaritan Act. This act of Congress releases restaurants and other food organizations from civil and criminal liability associated with the donation of food to nonprofits assisting individuals in need. The act protects donors in all 50 states from civil and criminal liability for good faith donations of “apparently wholesome food,” defined as meeting “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 condition.” Nonprofits can obtain food from food rescue programs as well as food banks (mentioned at 9. above). Food rescue programs typically obtain perishable and prepared foods (such as from restaurants and grocery stores) and distribute it to agencies that feed hungry people, usually later that same day. http://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap13A-sec1791.htm