Legal Research and Resources
Comprehensive Guidelines for Food Recovery Programs
This resource provides information about food safety practices, responsibilities of rescue programs, and discusses various legal concerns, regulations, and federal agencies associated with food recovery activities. Cite: Food Recovery Committee, 2000 Conference for Food Protection, Council I (lasted updated March 2007).
Donating Food to Charity? Chew On This Law
This article explains food donor liability highlighting that the Bill Emerson Good Samaritan Food Donation Act provides that no part of the law “shall be construed to supersede state or local health regulations.” Therefore, the author argues that food safety concerns may be the reason why many organizations do not accept leftover or untouched food from an event. Cite: Betty Wang, Donating Food to Charity? Chew On This Law, FINDLAW (June 9, 2013).
Enhanced Tax Deduction Guide for Farmers
As part of its 2016 budget, Congress made the enhanced federal tax deduction for food donations permanent for all businesses. But, how does the deduction work How does it apply to farm businesses who donate surplus food? This document describes key features under the law.
Food Recovery: A Legal Guide
This comprehensive guide provides food waste statistics, a summary of the Bill Emerson Good Samaritan Food Donation Act and liability issues covered thereunder, health and safety standards, and addresses how the food sector can become more engaged in food donation. Cite: James Haley & Nicole Civita, Food Recovery: A Legal Guide, UNIVERSITY OF ARKANSAS SCHOOL OF LAW (2013).
Liability Protection for Food Donation
This short guide details what activities and food donations are covered under the Good Samaritan Act. It also briefly addresses the difference in coverage between federal and state laws. Cite: Dana Hamilton, Marguerite Ahmann and Sarah Hall, Liability Protection for Food Donation, Public Health Law Center at William Mitchel College of Law (March 2013).
Loss Adjustment Manual (LAM) Standards Handbook
A resource for navigating the USDA's rules for gleaning acreage insured by federal crop insurance. Cite: U.S. Dep't of Agric., Loss Adjustment Manual (LAM) Standards Handbook: 2015 and Succeeding Crop Years (Jan. 12, 2015).
Proposed Rule: Requirements for the Distribution and Control of Donated Foods
This rule proposes to revise and clarify requirements to ensure that USDA donated foods are distributed, stored, and managed in the safest, most efficient, and cost-effective manner at State and recipient agency levels. The rule would also reduce administrative and reporting requirements for State distributing agencies. Cite: Requirements for the Distribution and Control of Donated Foods, 79 Fed. Reg. 63224 (proposed Oct. 22, 2014) (to be codified at 7 C.F.R. 250-251).
The Good Food Fight for Good Samaritans: The History of Alleviating Liability and Equalizing Tax Incentives for Food Donors
This article provides a history and analysis of donor liability in the U.S., food donor immunity, and tax incentives for food donors. The article discusses why enhanced tax incentives for food donations should be expanded and why equalizing tax incentives is the best way to increase food donations to those in need. Cite: Stacey H. Van Zuiden, The Good Food Fight for Good Samaritans: The History of Alleviating Liability and Equalizing Tax Incentives for Food Donors, 17 Drake J. Agric. L. 237 (2012).
The Law of Food Recovery: Reducing Risk, Maximizing Benefit, Creating Culture
The Food Recovery Project at the University of Arkansas School of Law produced this Prezi presentation. In part, it discusses the barriers to food recovery, explains the Bill Emerson Good Samaritan Food Donation Act, and provides information to assist in developing and implementing a comprehensive food recovery plan. Cite: Nicole Civita, The Law of Food Recovery: Reducing Risk, Maximizing Benefit, Creating Culture, Food Recovery Project, University of Arkansas School of Law (July 18, 2015).
The Legal Guide to the Bill Emerson Good Samaritan Food Donation Act
This paper provides a detailed discussion of food waste and food insecurity in the United States while intending to inform those involved in the retail food industry of the provisions protecting them from liability under the Bill Emerson Good Samaritan Food Act. Cite: James Haley, The Legal Guide to the Bill Emerson Good Samaritan Food Donation Act, Ark. L. Notes 1448 (Aug. 8, 2013).
Tort Liability for Sports and Recreational Activities: Expanding Statutory Immunity for Protected Classes and Activities
As part of a broader examination of liability associated with selected recreational activities, this article evaluates the role of the Good Samaritan Act in providing liability immunity to those involved in gleaning activities. Cite: Terrence J. Centner, Tort Liability for Sports and Recreational Activities: Expanding Statutory Immunity for Protected Classes and Activities, 26 J. Legis., 26:1 (2015).
Urban Fruit Gleaning and Trespass
This blog post by the Community Law Center discusses the issue of liability associated with gleaning uneaten and unwanted fruit from trees on public land and in private backyards.
USDA Recovery/Donations: Gleaning
This website provides links to resources for finding gleaning locations and food recovery organizations, as well as brief descriptions of and links to major federal laws relating to food recovery. Cite: U.S. Dep't Agric., Office of the Chief Economist. Last visited April 28, 2015.
Protections Afforded by the Good Samaritan Food Donation Act
This fact sheet explains the purpose and protections offered for food donors and landowners who allow gleaning activities on their land by Washington’s Good Samaritan Food Donation Act. Overall, the analysis states that the actual liability protection offered by the law is minimal for a food donor, but gives effective liability protection for a landowner who allows gleaners on his or her land. Cite: Lane Powell Attorneys and Counselors, Protections Afforded by the Good Samaritan Food Donation Act, Washington Food Coalition.
Region: Western State: Washington