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Proud Members Of:

Feeding America

 

Proud Recipients Of:

Food Industry Donations


The Hawaii Foodbank is always interested in new sources of food. If you are part of a food industry company that has surplus goods to donate, we would love to hear from you! The Hawaii Foodbank has four trucks that make regular and special pickups every weekday. We can accommodate a donation of any size. We are able to accept perishable goods from our industry donors and have the refrigeration capacity to store these goods.

To discuss the possibilities of working with the Foodbank on donating food from your company, please call Mike Kajiwara at 836-3600, ext. 230 or e-mail mike@hawaiifoodbank.org.  We can provide you with additional information, including tax-related benefits of donating.

Liability related to food donations is governed by the

Bill Emerson Good Samaritan Food Donation Act:

PUBLIC LAW 104-210

An Act

To encourage the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by giving the Model Good Samaritan Food Donation Act the full force and effect of law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

a) Conversion to Permanent Law.--Title IV of the National and
Community Service Act of 1990 is amended--
      (1) by striking the title heading and sections 401
      and 403 (42 U.S.C. 12671 and 12673); and
      (2) in section 402 (42 U.S.C.12672)--
      (A) in the section heading, by striking “model'' and
      inserting “Bill Emerson'';
      (B) in subsection (a), by striking “Good Samaritan'' and
      inserting “Bill Emerson Good Samaritan'';
      (C) in subsection (b)(7), to read as follows:
      “(7) Gross negligence.--The term `gross negligence' means
             voluntary and conscious conduct (including a failure to act)
             by a person who, at the time of the conduct, knew that the
             conduct was likely to be harmful to the health or well-being
             of another person.'';
      (D) by striking subsection (c) and inserting the following:
         (c) Liability for Damages From Donated Food and Grocery Products.--
         (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
              non-profit organization for ultimate distribution to needy
              individuals.
         (2) Liability of non-profit organization.--A non-profit
              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 non-profit 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 non-profit
              organization, as applicable, constituting gross negligence
              or intentional misconduct.''; and 
      (E) in subsection (f), by adding at the end the following:
      “Nothing in this section shall be construed to supersede State
      or local health regulations.''
        (b) Transfer to Child Nutrition Act of 1966. --Section 402 of
        the National and Community Service Act of 1990 (42 U.S.C.12672)
        (as amended by subsection (a))-
          (1) is transferred from the National and Community
              Service Act of 1990 to the Child Nutrition Act of 1966;
          (2) is redesignated as section 22 of the Child Nutrition
              Act of 1966; and 
          (3) is added at the end of such Act.
      (c) Conforming Amendment.--The table of contents for the
            National and Community Service Act of 1990 is amended by
            striking the items relating to title IV.

SECTION 1.

CONVERSION TO PERMANENT LAW OF MODEL GOOD SAMARITAN FOOD DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT OF 1966.

SECTION OF THE NATIONAL AND COMMUNITY SERVICE ACT OF 1990 THAT WAS AMENDED BY THE EMERSON GOOD SAMARITAN FOOD DONATION ACT:

Public Law No. 101-610, 104 Stat. 3183 (codified at 42 U.S.C. 12671-12673) (1990)

TITLE IV- FOOD DONATIONS

SEC. 401. SENSE OF CONGRESS CONCERNING ENACTMENT OF GOOD SAMARITAN FOOD DONATION ACT.

(a) IN GENERAL. It is the sense of Congress that each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States should

(1) encourage the donation of apparently wholesome food or grocery products to nonprofit organizations for distribution to needy individuals; and

(2) consider the model Good Samaritan Food Donation Act (provided in section 402) as a means of encouraging the donation of food and grocery products.

(b) DISTRIBUTION OF COPIES. -The Archivist of the United States shall distribute a copy of this title to the chief executive officer of each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

SEC. 402. MODEL GOOD SAMARITAN FOOD DONATION ACT.

(a) SHORT TITLE. This section may be cited as the "Good Samaritan Food Donation Act".

(b) DEFINITIONS. As used in this section:

(1) APPARENTLY FIT GROCERY PRODUCT.The term "apparently fit grocery product" means a grocery product that meets a quality and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily marketable due to appearance, age,freshness, grade, size, surplus, or other conditions.

(2) APPARENTLY WHOLESOME FOOD. The term "apparently wholesome food" means food that meets 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 conditions.

(3) DONATE. The term "donate" means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required anything of monetary value.

(4) FOOD. The term "food" means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

(5) GLEANER. The term "gleaner" means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.

(6) GROCERY PRODUCT. The term "grocery product" means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.

(7) GROSS NEGLIGENCE. The term "gross negligence" means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person.

(8) INTENTIONAL MISCONDUCT. The term "intentional misconduct" means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person.

(9) NONPROFIT ORGANIZATION. The term "nonprofit organization" means an incorporated or unincorporated entity that -

(A) is operating for religious, charitable, or educational purposes; and

(B) does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.

(10) PERSON. The term "person" means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity.

(c) LIABILITY FOR DAMAGES FROM DONATED FOOD AND GROCERY PRODUCTS. - 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, except that this paragraph 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 donor constituting gross negligence or intentional misconduct.

(d) COLLECTION OR GLEANING OF DONATIONS. A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals shall not be subject to civil or criminal liability that arises due to the injury of death of the gleaner or representative, except that this paragraph shall not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.

(e) PARTIAL COMPLIANCE. If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by Federal, State, and local laws and regulations, the person or gleaner who donates the food and grocery products shall not be subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products-

(1) is informed by the donor of the distressed or defective condition of the donated food or grocery products;

(2) agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and

(3) is knowledgeable of the standards to properly recondition the donated food or grocery product.

(f) CONSTRUCTION. This section shall not be construed to create any liability.

SEC. 403. EFFECT OF SECTION. 402

The model Good Samaritan Food Donation Act (provided in section 402) is intended only to serve as a model law for enactment by the States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States . The enactment of section 402 shall have no force or effect in law


   
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The Hawaii Foodbank - 2611 Kilihau St. - Honolulu, HI 96819-2021 - Phone: 808 836-3600