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Proud Members Of:

Feeding America

 

Proud Recipients Of:

Food Industry Donations


The Hawaii Foodbank is always interested in new sources of food. If you are part of a food industry company that has surplus goods to donate, we would love to hear from you! The Hawaii Foodbank has four trucks that make regular and special pickups every weekday. We can accommodate a donation of any size. We are able to accept perishable goods from our industry donors and have the refrigeration capacity to store these goods.

To discuss the possibilities of working with the Foodbank on donating food from your company, please call Mike Kajiwara at 836-3600, ext. 230 or e-mail mike@hawaiifoodbank.org.  We can provide you with additional information, including tax-related benefits of donating.

Liability related to food donations is governed by the

Bill Emerson Good Samaritan Food Donation Act:

PUBLIC LAW 104-210

An Act

To encourage the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by giving the Model Good Samaritan Food Donation Act the full force and effect of law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

a) Conversion to Permanent Law.--Title IV of the National and
Community Service Act of 1990 is amended--
      (1) by striking the title heading and sections 401
      and 403 (42 U.S.C. 12671 and 12673); and
      (2) in section 402 (42 U.S.C.12672)--
      (A) in the section heading, by striking “model'' and
      inserting “Bill Emerson'';
      (B) in subsection (a), by striking “Good Samaritan'' and
      inserting “Bill Emerson Good Samaritan'';
      (C) in subsection (b)(7), to read as follows:
      “(7) Gross negligence.--The term `gross negligence' means
             voluntary and conscious conduct (including a failure to act)
             by a person who, at the time of the conduct, knew that the
             conduct was likely to be harmful to the health or well-being
             of another person.'';
      (D) by striking subsection (c) and inserting the following:
         (c) Liability for Damages From Donated Food and Grocery Products.--
         (1) Liability of person or gleaner.--A person or gleaner
              shall not be subject to civil or criminal liability arising
              from the nature, age, packaging, or condition of apparently
              wholesome food or an apparently fit grocery product that
              the person or gleaner  donates in good faith to a
              non-profit organization for ultimate distribution to needy
              individuals.
         (2) Liability of non-profit organization.--A non-profit
              organization shall not be subject to civil or criminal
              liability arising from the  nature, age, packaging, or
              condition of apparently wholesome food or an apparently
              fit grocery product that the non-profit organization
              received as a donation in good faith from a person or
              gleaner for ultimate distribution to needy individuals.
         (3) Exception. --Paragraphs (1) and (2) shall not apply to an
              injury to or death of an ultimate user or recipient of the
              food or grocery product that results from an act or
              omission of the person, gleaner, or non-profit
              organization, as applicable, constituting gross negligence
              or intentional misconduct.''; and 
      (E) in subsection (f), by adding at the end the following:
      “Nothing in this section shall be construed to supersede State
      or local health regulations.''
        (b) Transfer to Child Nutrition Act of 1966. --Section 402 of
        the National and Community Service Act of 1990 (42 U.S.C.12672)
        (as amended by subsection (a))-
          (1) is transferred from the National and Community
              Service Act of 1990 to the Child Nutrition Act of 1966;
          (2) is redesignated as section 22 of the Child Nutrition
              Act of 1966; and 
          (3) is added at the end of such Act.
      (c) Conforming Amendment.--The table of contents for the
            National and Community Service Act of 1990 is amended by
            striking the items relating to title IV.

SECTION 1.

CONVERSION TO PERMANENT LAW OF MODEL GOOD SAMARITAN FOOD DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT OF 1966.

SECTION OF THE NATIONAL AND COMMUNITY SERVICE ACT OF 1990 THAT WAS AMENDED BY THE EMERSON GOOD SAMARITAN FOOD DONATION ACT:

Public Law No. 101-610, 104 Stat. 3183 (codified at 42 U.S.C. 12671-12673) (1990)

TITLE IV- FOOD DONATIONS

SEC. 401. SENSE OF CONGRESS CONCERNING ENACTMENT OF GOOD SAMARITAN FOOD DONATION ACT.

(a) IN GENERAL. It is the sense of Congress that each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States should

(1) encourage the donation of apparently wholesome food or grocery products to nonprofit organizations for distribution to needy individuals; and

(2) consider the model Good Samaritan Food Donation Act (provided in section 402) as a means of encouraging the donation of food and grocery products.

(b) DISTRIBUTION OF COPIES. -The Archivist of the United States shall distribute a copy of this title to the chief executive officer of each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

SEC. 402. MODEL GOOD S