Good Samaritan Protection

There’s no danger in donating food to Waste Not Want Not.

 The Federal Bill Emerson Good Samaritan Food Donation Act provides uniform national protection to those who act in good faith to donate, recover and distribute excess food. 

Likewise, Chapter 768.13 of the Florida State Statue specifically provides immunity from civil and criminal liability to food donors and to volunteers acting on behalf of charitable organizations that rescue food.

768.136 — Liability for canned or perishable food distributed free of charge —

A good faith donor or gleaner of any canned or perishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct of the donor or gleaner.

A bona fide charitable or nonprofit organization, or any representative or volunteer acting on behalf of such organization or an uncompensated person acting in a philanthropic manner providing services similar to those of such an organization, which accepts, collects, transports, or distributes any canned or perishable food, apparently fit for human consumption, from a good faith donor or gleaner for free distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct of an agent of the charitable or nonprofit organization.

The provisions of this section apply to the good faith donation of canned or perishable food regardless of whether such food is readily marketable due to appearance, freshness, grade, surplus, or other such considerations.