The Bill Emerson Good Samaritan Food Donation Act

What does the law do?
The law protects good faith food donors from civil and criminal liability, should the product later cause harm to its recipient. The Emerson Act gives uniform federal protection to donors who may cross state lines.

Who is protected?
The law protects food donors, including individuals, and nonprofit feeding programs who act in good faith. While exceptions are made for gross negligence, the law states that test groups will not be subject to civil or criminal liability. More specifically, the law protects individuals, corporations, partnerships, organizations, associations, governmental entities, wholesalers, retailers, restaurateurs, caterers, farmers, gleaners, nonprofit agencies, and more.

What sort of food is protected?
The Emerson Act provides protection for food and grocery products that meet 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."

With the exception of infant formula, the laws that the Food and Drug Administration (FDA) administers do not preclude the sale of food that is past the expiration date indicated on the label. FDA does not require food firms to place "expired by", "use by" or "best before" dates on food products. This information is entirely at the discretion of the manufacturer.

A principle of U.S. food law is that foods in U.S. commerce must be wholesome and fit for consumption. A "best by", "use by" or expiration date does not relieve a firm from this obligation. A product that is dangerous to consumers would be subject to potential action by FDA to remove it from commerce regardless of any date printed on a label.