The act was passed in 1996 under Bill Clinton mandate. It was named after the Republican Bill Emerson, who encouraged the proposal, but unfortunately died before it was passed. It is unsatisfactory that the only law of this type was implemented 16 years ago. But what does this act consist of?
This act facilitates food donations by helping donors be exempt from liability of giving away food. It ensures that the only time donors can be held liable are only in cases of gross negligence. Since the law is lengthy, we will extract the most important sections of the bill to show you what it entails. Don’t worry, it is easier to read than traditional law acts.
(1) LIABILITY OF PERSON OR GLEANER. – 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.
(2) LIABILITY OF NONPROFIT ORGANIZATION. – A nonprofit organization 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 nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to needy individuals.
“(3) EXCEPTION. — Paragraphs (1) and (2) 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 person, gleaner or nonprofit organization, as applicable, constituting gross negligence or intentional misconduct.”
Many businesses or organizations that deal with food don’t even know about this law. It is a shame, because with all the negative opinions that are being created about the USA, it is the only country that has such an act. Please help people learn more about this ground breaking act that has only been passed in one country. If more countries would implement such legislations we would definitely move further ahead on the issue of food waste and food insecurity.
Help to spread the message!! And learn more by reading the whole act on this link.
posted by Piotr Wielezynski