Download Our Windows 7 Tips!
The good Samaritan Law { A Law that you may have not known was out There}
I do not know that you may have known about this Law that is out there, but a friend told me about this law because he works serving 200 + meals a day, for a homeless shelterer daily for lunch for there are Good Samaritans out there that give him food to feed the homeless from food Establishments. United States "Good Samaritan" Law
Liability Issues
On October 1, 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act to encourage the donation of food and grocery products to non-profit organizations for distribution to needy individuals. This new law makes it easier to donate. Here's how:
It protects donors from liability when donating to a non-profit organization.
It protects donors from civil and criminal liability should the product donated in good faith later cause harm to the needy recipient.
It standardizes donor liability exposure. Donors and their legal counsel no longer have to investigate liability laws in 50 states.
It sets a liability floor of "gross negligence" or intentional misconduct for persons who donate grocery products. (See Act text for further definitions.)
Congress recognized that the provision of food close to recommended date of sale is, in and of itself, not grounds for finding gross negligence. For example, cereal can be donated if it is marked close to code date for retail sale.
The Bill Emerson Food Donation Act
One Hundred Fourth Congress of the United States of America
At the Second Session
Begun and held at the City of Washington on Wednesday, the third day of January, one thousand nine hundred and ninety-six.
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,
Section 1. CONVERSION TO PERMANENT LAW OD MODEL GOOD SAMARITAN FOOD DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT OF 1966.
(a) Conversion to Permanent Law. -- Title IV of the National and Community Service Act of 1990 is amended --
by striking the title heading and sections 401 and 403 (42 U.S.C. 12671 and 12673); and
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 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."; 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. 12762) (as amended by subsection (a)) --
is transferred from the National and Community Service Act of 1990 to the Child Nutrition Act of 1966;
is redesignated as section 22 of the Child Nutrition Act of 1966; and
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.
Newt Gingrich
Speaker of the House of Representatives
Strom Thurmond
President of the Senate Pro Tempore
Approved 10/01/96
William J. Clinton
President of the United States
P.L. 104-210
Text provided by Second Harvest. ( If you like too read more type in Good Samaritan food Law) there are other sites you can read about this law.
Liability Issues
On October 1, 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act to encourage the donation of food and grocery products to non-profit organizations for distribution to needy individuals. This new law makes it easier to donate. Here's how:
It protects donors from liability when donating to a non-profit organization.
It protects donors from civil and criminal liability should the product donated in good faith later cause harm to the needy recipient.
It standardizes donor liability exposure. Donors and their legal counsel no longer have to investigate liability laws in 50 states.
It sets a liability floor of "gross negligence" or intentional misconduct for persons who donate grocery products. (See Act text for further definitions.)
Congress recognized that the provision of food close to recommended date of sale is, in and of itself, not grounds for finding gross negligence. For example, cereal can be donated if it is marked close to code date for retail sale.
The Bill Emerson Food Donation Act
One Hundred Fourth Congress of the United States of America
At the Second Session
Begun and held at the City of Washington on Wednesday, the third day of January, one thousand nine hundred and ninety-six.
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,
Section 1. CONVERSION TO PERMANENT LAW OD MODEL GOOD SAMARITAN FOOD DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT OF 1966.
(a) Conversion to Permanent Law. -- Title IV of the National and Community Service Act of 1990 is amended --
by striking the title heading and sections 401 and 403 (42 U.S.C. 12671 and 12673); and
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 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."; 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. 12762) (as amended by subsection (a)) --
is transferred from the National and Community Service Act of 1990 to the Child Nutrition Act of 1966;
is redesignated as section 22 of the Child Nutrition Act of 1966; and
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.
Newt Gingrich
Speaker of the House of Representatives
Strom Thurmond
President of the Senate Pro Tempore
Approved 10/01/96
William J. Clinton
President of the United States
P.L. 104-210
Text provided by Second Harvest. ( If you like too read more type in Good Samaritan food Law) there are other sites you can read about this law.
Replies to This Discussion
-
Permalink Reply by Mark Zamiatowski on -
I do knot know but pass it on to someone in the Goverment
-
Permalink Reply by Mark Zamiatowski on
-
keep me posted on what happens with your Son it may wake up up some of the people that he works for keep passing it along we need to get the word out there
-
Permalink Reply by Ian Walker on -
I never knew about this (I'm not American) but I do like it :)
Take care.
Ian
-
Permalink Reply by Mark Zamiatowski on
-
Pass it on too others we need meny people to get this word out as muchas posable, because if you look around how much is sadly wasted every day, and thank you
-
Permalink Reply by Mateus Augusto Lopes on -
I agree.
People dieing of hungry in Africa and all the world wasting food.
-
Permalink Reply by Mark Zamiatowski on
-
Today I was at the Mall in Tallahassee and this lady got an everything potato at one of the places to eat called McAlister's Deli with a large Tea, she sat down for a few seconds. Later she got up but she did not touch what she had to eat, not even taking and finishing her drink and taking and putting it in the trash can, and before that, me and a friend were looking for a table and found a salad that was hardly touched and left to be put in the trash, how sad to see how much we waste of food when we're out to eat even in our own homes. My Mother would not even let us kids waste no food in the house even if we went out if we did like it we ate it any way, If you people do not like to have something on you hamburger or what ever it is ask to leave it off or ask what comes on it before you order it!! just do not order it and then you decide you do not like it and take it off and put it in the trash. THINK BEFORE YOU ORDER !!! the same if you have KIDS the way you act and say and do is the same they will be as they get older ALL THAT GOES AROUND COMES RIGHT BACK TO YOU AND ALL THE WAY BACK. so look around you and do not close your eyes when in the mall and you get something to eat be it by yourself or with someone or with your kids, think and ask do not be AFRAID to ask if they could leave it off or have on the side of it, if you know that you may like it and the kids do not or your husband or boyfriend, PLEASE AMERICANS THINK BEFORE YOU DO YOUR NEXT ORDER SOME WERE YOU EAT AT,AND THE SAME GOES FOR THE REST OF THE WORLD THINK!!! THANK YOU AND GOD BLESS
-
Permalink Reply by Totodilezard on -
If there's a law about wasting a lot of food then why do restaurants force people to do it. Oh They MIGHT have a special liscene to do it. ALL CAN EAT SHOULD BE NO MORE!!!!!!!
Sign in
Geek Out!
More Information
Pirillo's Posts
Lockergnome
© 2009 Created by Chris Pirillo
