Good Samaritan Laws

The Good News about the…

 

FEDERAL AND NEW YORK STATE GOOD SAMARITAN LAWS

 

Is that they make it easier for you to donate. 

 


  • They protect you from liability when you donate to a non-profit organization.
  • They protect you from civil and criminal liability should the product donated in good faith later cause harm to the needy recipient.
  • They set legal standards for persons who donate grocery products. According to the new Federal Law, gross negligence is defined as “voluntary and conscious conduct by a person with knowledge (at the time of conduct) that the conduct is likely to be harmful to the health or well being of another person.”  Under New York State Law, a good faith donor is protected from liability unless the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated or harmful to the health or well-being of the   person consuming said food.

 

And Easier to Do the Right Thing…

 

Customers will be encouraged to buy products from companies supporting hunger relief.

You will have greater satisfaction donating food product after all your hard work.

You will save money in dumping fees.

 

Island Harvest Makes it Easy!

 

 Donating is easier now than ever before. Island Harvest even supplies containers for transport.             Contact us at 516-294-8528 ext. 40 to have your donation picked up.

 

Both New York State and the Federal Government have laws that protect donors from liability.

 

  1. Federal Law  The Bill Emerson Good Samaritan Food Donation Act unifies various state laws and definitions into a single set of regulations.  All donations, given in good faith and without gross negligence are exempt from legal liability.

 

  1. New York State Law “holds harmless” the donor of perishable and non-perishable food to Island  Harvest.  The law releases the original donor from all liabilities, damages, losses, claims or expenses resulting from the condition of the donated food, assuming that the donated food was fit for consumption at the time of donation

 

Note:  Island Harvest asks all recipient agencies to sign an agreement accepting food “as is”, which further limits donor liability.

 

1.Federal Law

 

The Bill Emerson Good Samaritan Food Donation Act

 

The Child Nutrition Act of 1966, as amended (which can be found at 42 U.S.C. Section 1771 et. seq) encourages the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by limiting the liability of those who provide food. Please note however, that the donation of food and grocery products may also be subject to certain state and local restrictions.

 

 

2. New York State

 

Enacted 1981,

Article 4-D, Section 71-2

 

71-Z   Liability for canned, perishable food or farm products distributed free of charge.

       1.  Not withstanding any other provision of law, a good faith donor of any canned or perishable food or farm product, apparently for human consumption, to a bonafide charitable or nonprofit organization, for free distribution shall not be subject  to criminal penalty or civil damages arising from the condition of the food, if the said donor reasonably inspects the food at the time of donation and finds the food apparently safe for human consumption and unless the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated or harmful to the health or well-being of the person consuming said food.

 

      2.   This section includes the good faith donation of canned or perishable food or farm products not readily marketable due to appearance, freshness, grade, surplus or other consideration, but shall not be deemed or construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of such food for human

consumption.

 

For a complete text of the Bill Emerson Good Samaritan Food Donation Act and New York’s “Good Samaritan” Law call the Island Harvest office.


View Island Harvest Donation Guidelines

© 2014 Island Harvest • 199 Second Street, Mineola, NY 11501 • Phone: (516) 294-8528 • Phone: (631) 873-4775 • Fax: (516) 747-6843