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.
PL 104-210 (H.R.2428), enacted 10/01/1996

PUBLIC LAW 104-210—OCT. 1, 1996 
110 STAT. 3011 
Public Law 104-210 
104th Congress 
An Act 
To encourage the donation of food and grocery products to nonprofit organizations 
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for distribution to needy individuals by giving the Model Good Samaritan Food 
——! 
Donation Act the full force and effect of law. 
[H.R. 2428] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. CONVERSION TO PERMANENT LAW OF MODEL GOOD 
SAMARITAN FOOD DONATION ACT AND TRANSFER OF 
THAT ACT TO CHILD NUTRITION ACT OF 1966. 
(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 follow-
ing: 
"(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 whole-
some food or an apparently fit grocery product that the person 
or gleaner donates in good faith to a nonprofit organization 
for ultimate distribution to needy individuals. 
"(2) LIABILITY OF NONPROFIT ORGANIZATION.—A nonprofit 
organization shall not be subject to civil or criminal liability 
arising from the nature, age, packaging, or condition of appar-
ently wholesome food or an apparently fit grocery product that 
the nonprofit 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 
110 STAT. 3012 
PUBLIC LAW 104-210—OCT. 1, 1996 
of the person, gleaner, or nonprofit 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 supercede 
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. 
42 use 1791. 
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 FV. 
Approved October 1, 1996. 
L E G I S L A T I V E H I S T O R Y — H . R . 2428: 
HOUSE REPORTS: No. 104-661 (Comm. on Economic and Educational Opportuni-
ties). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
July 12, considered and passed House. 
Aug. 2, considered and passed Senate, amended. 
Sept. 5, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Oct. 1, Presidential statement.