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Food donation liability protection
Garbage and recycling › Recycle at work › Fork It Over! food donation › Liability protection
Federal and Oregon laws protect you from liability when you donate food in good faith.
The Good Samaritan laws were specifically designed to protect you, the donor. Donors who provide food in good faith are protected by both state and federal Good Samaritan laws that were designed both to encourage donation of needed foods and to protect donors.
In brief, the Oregon Good Samaritan laws (ORS Chapter 30.890 and 30.892) and the Federal Good Samaritan law (The Bill Emerson Food Donation Act) state that you cannot be held liable if you have donated food you believe to be safe and edible.
Oregon laws state that gleaners or good-faith donors of any food, apparently fit for human consumption, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless injury is caused by the gross negligence, recklessness or intentional misconduct of the donor. For information on the Good Samaritan laws, contact the Oregon Department of Agriculture, at 503-986-4720.
The federal act protects donors from liability when they donate to a nonprofit organization. It also standardizes donor liability across the nation and sets a liability floor of "gross negligence" or intentional misconduct for donated goods.
A search of federal and state case law databases conducted in early 2002 revealed no reported cases or suits related to food donation liability or illness resulting from donated food. Inquiries to state health and food regulatory agencies as well as state and national food rescue agencies confirmed this result; they also were not aware of any such cases.
Note: Metro is not providing legal advice and no person should rely on this information as legal advice. An entity considering food donation should consult its own legal counsel with any concerns about liability.
Food banks also protect their donors by offering a variety of liability protections, including strict standards of warehouse operation, proper storage and handling procedures, complete product tracking and recall capabilities, and accurate and timely receipting.
Since your staff should already be knowledgeable about safe food handling practices, and food rescue programs must comply with the same strict food handling guidelines, it is unlikely that donors will need to provide their staff with any significant additional training. For information about proper food handling, contact the Oregon Department of Human Services, Food Protection Program, at 503-731-4012.
Need assistance?
Fork It Over!
503-234-3000
info@forkitover.org
Related Internet links
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Oregon Department of Agriculture
(http://oregon.gov/ODA)
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Oregon Department of Human Services, Food Protection Program
(http://www.oregon.gov/DHS/ph/foodsafety/rules.shtml)