The National Gleaning Project

Federal Laws and Regulations

AmeriCorps Participants, Programs, and Applicants, 45 C.F.R. § 2522.110(b)(2)(ii)(1994).

This regulation allows organizations involved in gleaning and/or recovery of food crops or other foods that would otherwise be discarded to apply as "Specialized Service Programs" making them eligible to compete for AmeriCorps grants.
Region: National

Assistance for Community Food Projects, 7 U.S.C.A. §2034 (2008).

This law creates a program under which the Secretary of Agriculture may annually make grant funds available to “private, nonprofit entities” for projects that benefit underserved communities. These projects can include the work of gleaning and food recovery organizations.
Region: National

Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C.A. § 1791 (1996).

The Bill Emerson Good Samaritan Food Donation Act (the Act) protects individuals and nonprofit organizations from civil and criminal liability associated with the “condition... of apparently wholesome” foods if donated in “good faith.” The Act also protects farmers from civil and criminal liability in the event individuals collecting food for donation to charity are injured on their property, except in cases of gross negligence.
Region: National

Emergency Food Assistance, 7 U.S.C. § 7508 (2008).

This statutory provision allows the Secretary of Agriculture to give appropriated funds to states to pay for costs associated with “the processing, storage, transporting, and distributing to eligible recipient agencies” of gleaned commodities.
Region: National

Federal Food Donation Act of 2008, 42 U.S.C.A. § 1792 (2008).

This law requires that all federal contracts over $25,000 that involve the purchase, service or sale of foods or contracts on federal property where food is served will include language encouraging donation of surplus food stuff to nonprofit organizations benefitting the food insecure. Liability associated with this action is covered under the Bill Emerson Good Samaritan Food Donation Act.
Region: National

Noninsured Crop Disaster Assistance Program, 7 C.F.R. § 1437.8(b) (2014).

This regulation stipulates that farmers filing a notice of loss under the Crop Disaster Assistance Program must not allow gleaning following the normal harvest until the crop acreage is released by a qualified Farm Service Agency (FSA) or Federal Crop Insurance Corporation (FCIC) loss adjustor, as determined by FSA. The FSA may agree to specific gleaning activities during this period provided that the gleaning operation and farmer provide accurate records of the quantity gleaned.
Region: National

Subchapter B—General Regulations and Policies— Food Distribution Part 250—Donation of Foods For Use in the United States, Its Territories and Possessions and Areas Under Its Jurisdiction, 7 C.F.R. § 250 (2010).

This subchapter of the law explains the terms and conditions under which donated foods may be obtained from the US Department of Agriculture by federal, state, and private agencies “for use in any state in child nutrition programs, nonprofit summer camps for children, charitable institutions, nutrition programs for the elderly, the Commodity Supplemental Food Program, the Special Supplemental Nutrition Program for Women, Infants, and Children, the Food Distribution Programs on Indian Reservations and the assistance of needy persons.”
Region: National

USDA Farmers Market, Willingness to Glean, 7 C.F.R. § 170.12(c) (2005).

This regulation provides that those "participating in [United States Department of Agriculture] USDA Farmers Markets should commit to the USDA food gleaning/food recovery initiative," which requires that surplus food and "food products are donated to charitable organization... at the close of each market day." The regulation also refers any tax deduction questions to the IRS and allows for the receiving nonprofit entity to obtain a receipt for donated goods.
Region: National

Volunteer Protection Act, 42 U.S.C.A. § 14503

This law protects nonprofit and government volunteers from liability provided, among other conditions, that the volunteer was acting within the scope of his or her established responsibilities and there was no intent to cause harm. This provision is not meant to conflict with any state laws limiting liability.
Region: National

Charitable, etc., contributions and gifts, IRC Section 170(e)(3) (2010).

Internal Revenue Code section allowing C-corporations an enhanced deduction for qualified contributions of food inventory to qualified organizations.
Region: Northeast


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