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This fact sheet describes how businesses and nonprofits that donate or distribute donated food or grocery products are well-protected by laws designed to provide immunity from liability related to food donations. The Bill Emerson Good Samaritan Food Donation Act, originally passed in 1996 and amended by the Food Donation Improvement Act (FDIA)1 in 2022 (hereinafter collectively referred to as “the Emerson Act”), provides comprehensive federal liability protection to encourage food donation to individuals experiencing food insecurity.

This guide was written and compiled by FLPC, the Hofstra Law School Community and Economic Development Clinic, and the UCLA School of Law Food Law and Policy Clinic, with significant input from the Sustainable Economies Law Center. It includes answers to legal questions that are often posed by those operating or wishing to operate community fridges in New York, Boston, Chicago, Los Angeles, and Las Vegas.