Legalities of donating cooked food
There are legalities involved in donating cooked food to a shelter. While most state-level liability protections do not apply to all food donations, the Bill Emerson Good Samaritan Food Donation Act provides limited liability protection for donors of food to nonprofits. The Act is a federal law signed by President Bill Clinton in 1996.
While the law has been in place for 17 years, it has yet to be fully utilized. Its primary purpose is to combat hunger, while it also has the additional benefit of helping reduce landfill waste. However, many people in the retail food industry need to learn that the bill protects them. Furthermore, many potential donors believe donating food to shelters is illegal.
While federal law overrides state “Good Samaritan” laws regarding food donations, some states still have some restrictions and guidelines. For example, some food banks do not accept items that spoil quickly. You also shouldn’t donate expired foods or home-canned foods. If you are unsure of the laws in your area, check with your local health department or the Harvard Law School’s Food Law and Policy Clinic.
The Bill Emerson Good Samaritan Food Donation Act, protects businesses from liability and covers donations made in good faith. This Act applies to farmers, grocers, wholesalers, hotels, manufacturers, and restaurants. This law also protects businesses that donate cooked food.
Donating cooked food to a shelter is a great way to help those in need. While most organizations do not require that food be homegrown, this law applies to donations made by backyard gardeners and retail grocers. Food trucks and other mobile food vendors would also fall under the Act. However, you should ensure you don’t donate expired food to a food pantry.
Donating cooked food to a shelter is easy if you follow specific rules. The United States Department of Agriculture requires food donation guidelines and requires restaurants to abide by federal regulations. Restaurants are responsible for maintaining the food’s safety and quality. They should also follow local health codes, as they must follow specific standards when preparing the food.
Donating cooked food to a shelter is an excellent way to give back to the community, but make sure you follow all legalities. Most home insurance policies cover liability for you in case of an incident that may occur. The limits of your policy vary, so make sure to check with your insurer before donating food to a shelter.
Avoiding unsolicited donations
Before donating cooked food to a homeless shelter, it is essential to understand the difference between an unsolicited donation and a direct solicitation. A direct solicitation involves a person or company requesting funds for a specific purpose. Donations received in response to such a request must be dedicated exclusively to that purpose. In other words, a homeless shelter’s board cannot divert funds from its facilities account to its food account.
