Am I Protected from Liability?

As a donor, you are protected by the Good Faith Donor bill and the Bill Emerson Good Samaritan Donation Act.

Good Faith Donor Bill

Section 1
Any donor who makes a good faith donation of food which is at the time of donation fit for human consumption to a charitable organization or non-profit corporation shall not be liable for damages in any civil suit or subject to criminal prosecution for any injury resulting from the nature, age, condition or packaging of the donated food, unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the donor.

Section 2
Section 1 of this act shall be codified in the Oklahoma Statues as Section 5.6 of Title 76, unless there is a created duplication in numbering.

Section 3
It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Click here for a complete copy of the Good Faith Donor Bill.

Emerson Good Samaritan Food Donation Act

In 1996 the Bill Emerson Good Samaritan Food Donation Act was passed. It encourages the donation of food and grocery products to non-profit organizations for distribution to needy individuals. This new law makes it easier to donate. Here's how:

It protects donors from liability when donating to a non-profit organization.
It protects donors from civil and criminal liability should the product donated in good faith later cause harm to the needy recipient.
It standardizes donor liability exposure. Donors and their legal counsel no longer have to investigate liability laws in 50 states.
It sets a liability floor of "gross negligence" or intentional misconduct for persons who donate grocery products.
It recognizes that the provision of food close to recommended date of sale is, in and of itself, not grounds for finding gross negligence. For example, cereal can be donated if it is marked close to code date for retail sale.

Click here for a complete copy of the Bill Emerson Good Samaritan Food Donation Act.