Business owners who donate food should not be afraid of liability from their donation! 

 Here is a link to a research study conducted by the University of Arkansas, School of Law, which concludes that there has NEVER been a lawsuit stemming from a good faith donation throughout American history! 

The Bill Emerson Good Samaritan Food Donation Act,  statute no. 42 U.S.C. § 1791, protects anyone who donates food in good faith from any liability that might otherwise stem from that donation. In other words, the federal government determined that, because businesses donating unsold food to needy individuals is so beneficial to the community at large, businesses should not be held liable for participating in such food donation programs. This is why it is so important for any and all food retail businesses to be aware of the protections afforded to them under 'The Bill Emerson Good Samaritan Food Donation Act.'

Rest assured that, so long as you do not donate food that you believe is tainted (i.e. only donate food that you reasonably believe to be safe to consume), your donation is protected under the Emerson Act. If you are considering participating with an organization that seeks to utilize the Bill Emerson Food Donation Act, we highly encourage you to do so.   

If you have any questions or would like any clarification, please email us at BerkeleyEmersonInitiative@gmail.com, call us at  559-380-7428, or fill out the form on the Contact Us Page.