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
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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 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 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 apparently 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
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