Good Samaritan Food Donation Act: Can You Be Sued for Donating Food?
What the law protects
The Act was amended by Public Law 117-362, signed on January 5, 2023. The statute (Cornell Legal Information Institute copy, read October 2026) sets four rules in section (c):
| Who | What the statute says |
|---|---|
| A person or gleaner | Not liable, civilly or criminally, for the nature, age, packaging or condition of food donated in good faith to a nonprofit organization for distribution to needy people at zero cost or at a “good Samaritan reduced price.” |
| The nonprofit that receives it | The same protection for food it receives in good faith and distributes. |
| A qualified direct donor | Protected when donating in good faith directly to a needy individual at zero cost. The 2023 amendment added this protection. |
| Everyone, exception | None of this applies to injury or death caused by an act or omission that is gross negligence or intentional misconduct. |
Key terms in plain words
- Apparently wholesome food: food that meets all quality and labeling standards of federal, state and local law, even if it is not readily marketable.
- Donate: to give without requiring anything of monetary value from the recipient, with some exceptions between nonprofits.
- Good Samaritan reduced price: a price no higher than the cost of handling, harvesting, processing, packaging, transporting and distributing the food.
- Gleaner: a person who harvests a donated agricultural crop for free distribution to the needy.
- Qualified direct donor: a retail grocer, wholesaler, agricultural producer, processor, distributor, restaurant, caterer, school food authority or institution of higher education. The statute page we read does not define “agricultural producer” further.
- Gross negligence: voluntary and conscious conduct, including a failure to act, by a person who knew it was likely to harm.
What it does not do
- It does not override health rules. The statute says nothing in it supersedes state or local health regulations.
- It does not cover bad conduct. Gross negligence or intentional misconduct is outside the protection.
- It is written for food that meets standards. One exception: if food falls short, the donor is still protected if the receiving nonprofit is told, agrees to recondition it and knows the standards for doing so (section (e)).
Gleaning on your land
If you let gleaners or nonprofit representatives collect donated crops on your property, section (d) protects the owner from liability for injury or death of those collectors, unless the owner’s act or omission is gross negligence or intentional misconduct.
What a gardener or small farm should do
- Is the food in good condition and does it meet labeling standards that apply to it?No: do not donate it as it is. Yes: go to step 2.
- Are you giving it to a nonprofit that will distribute it to people in need?Yes: the Act’s protection for donors is clearest here. No (direct to individuals): go to step 3.
- Are you a qualified direct donor, such as an agricultural producer, giving it at zero cost?Yes: the 2023 amendment may cover you. Unsure: ask the recipient and, if risk matters to you, an attorney.
- Did you check state and local rules for handling, labeling and the type of food (eggs, meat, dairy)?No: ask your state agency and the pantry. Yes: donate and keep a short record of what, when and to whom.
Many pantries have their own rules on produce handling and what they accept, so call first. For selling rules, see our food safety guide; for insurance, see liability and insurance.
Frequently asked questions
Can I donate vegetables from my garden to a food pantry?
Yes. Under 42 U.S.C. 1791(c)(1) a person who donates food in good faith to a nonprofit for distribution to needy people is protected from civil and criminal liability for the condition of the food, except for gross negligence or intentional misconduct. Ask the pantry what it accepts.
Can I give food directly to a neighbor in need?
The 2023 amendment protects “qualified direct donors” giving at zero cost directly to a needy individual. Agricultural producers are on that list, but the statute page we read does not define the term further. Ask an attorney if you want certainty.
Does the law protect me if the food makes someone sick?
It protects good-faith donations of food that meets standards, with the exceptions for gross negligence and intentional misconduct. It does not stop a person from bringing a claim, and it does not replace health rules.
Do I need a license to donate?
The Act does not create a licensing requirement or remove one. State and local health rules still apply, and some foods such as eggs, meat or dairy have their own rules.
What changed in 2023?
Public Law 117-362 (January 5, 2023) added definitions for “good Samaritan reduced price” and “qualified direct donor,” extended protection to food given at a reduced price, and added the direct donation protection.
Official sources
- Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. 1791, as amended by Pub. L. 117-362 (January 5, 2023)