National Policy Reform Expanding Food Donation Liability Protection

While the U.S. Bill Emerson Good Samaritan Food Donation Act has long offered liability protection for food donations made to nonprofits, its narrow language created uncertainty around certain donation models.

FLPC spearheaded research, advocacy, and education efforts to modernize the federal food donation liability protection landscape. By equipping legislators with data, policy language, and stakeholder perspectives, FLPC played a key role in shaping and advancing the Food Donation Improvement Act (FDIA).

• Advocacy Capacity: FLPC led national efforts alongside partners to conceptualize and promote the FDIA, building a powerful bipartisan coalition and supporting a coalition of over 70 organizations to support the bill’s passage.
• Policy Insight: FLPC identified key limitations in the Emerson Act, including the law’s lack of clarity on donations facilitated by certain intermediaries, direct-to-individual distributions, and donations of food past its “best by” or “sell by” date. By conducting legal analysis and collecting stakeholder feedback, FLPC helped demonstrate how these gaps inhibited donations from retailers, schools, and businesses.
• Policy Change: In January 2023, the Food Donation Improvement Act was signed into law, expanding federal liability protections for food donations, including those made directly to individuals by certain direct donors and those facilitated by nonprofit intermediaries that offer food at a low price to the end recipient (in addition to those offering food for free).

The FDIA addresses long-standing concerns over certain avenues of food donation—enabling schools, businesses, and nonprofit organizations to confidently donate surplus food. By improving legal clarity and broadening protection, the law unlocks millions of pounds of safe food for communities experiencing food insecurity.