Reply #28: Bill Emerson Good Samaritan Food Donation Act [View All]

[onpatrol98]

The Emerson Act does not alter or interfere with State or local health regulations. So, establishments have to "also" be certain of what is required by their local laws.

So, unfortunately, even with this great act, you can still get into trouble in your particular state or city. In addition, even the Emerson Act says you're still liable if you knew something was wrong with the food. This is a good thing, of course.

But, it's not a stretch to believe someone would be willing to try to prove that you knew something was wrong with the food, even if you really didn't.

For instance, your small restaurant donates food to an establishment that then rewarms it, or serves it later, or whatever. Now, people get sick. You say it's the pantry's fault, the pantry says its your fault, after all, it was your food. In reality, it could be no one's fault.

But, if you're a small business owner, you just have to be extra careful.