Legal & Policy Resources

A Citizen’s Guide to Food Recovery: AmeriCorps Case Study

This case study from the USDA's AmeriCorps Summer of Gleaning projects that worked with local anti-hunger groups, youth service corps, churches, food banks, and food recovery organizations in 20 states.

Type: Non-Legal Research & Resources Region: National Citation: United States Department of Agriculture, "A Citizen's Guide to Food Recovery: Lessong from USDA AmeriCorps Summer of Gleaning - A Case Study," USDA Food Recovery & Gleaning Initiatives, pp 11-13, July 1997.

A Gleaning Guide for Farmers

This guide from Harvard's Food Law and Policy Clinic explains how farmers can collect crop insurance and remain protected against liability while allowing gleaning.

Type: Legal Research & Resources Region: National Citation: Food Law and Policy Clinic, Harvard Law School, A Gleaning Guide for Farmers (2022).

A Glimpse of Gleaning at Seattle Farmers Markets: A Guide of Best Practices & Creative Ways Hunger Relief Programs Can Access Farmers Markets

This guide focuses on the gleaning process between farmers markets and hunger relief organizations. It illustrates creative ways that hunger relief programs have utilized farmers markets, describes current challenges to this process, and highlights resources to help create stronger gleaning programs.

Type: Non-Legal Research & Resources Region: National State: Washington Citation: Emma Kent, "A Glimpse of Gleaning at Seattle Farmers Markets, A Guide of Best Practices & Creative Ways Hunger Relief Programs Can Access Farmers Markets," Jewish Family Service, Meals Partnership Coalition, & Rotary First Harvest, 2010.

A Lot to Digest: Advancing Food Waste Policy in the United States

This article highlights the staggering quantity of food waste in the U.S. and innovative policies and market-based initiaitives aimed to help. Uses a cost-benefit analysis to strategically target unjustifiable costs and reduce waste along the food chain.

Type: Non-Legal Research & Resources Region: National Citation: Alexandra Evans and Robin Nagele, "A Lot to Digest: Advancing Food Waste Policy in the United States," Natural Resources Journal, Volume 58, Issue 1, Winter 2018.

Alabama – Liability of Farmer Allowing Food Collection

This law provides that representatives of a nonprofit organization allowed onto a farmer's land are owed the same duty of care as a trespasser. This limits a farmer's liability in case of any accident.

Type: State Laws & Regulations Region: Southeast State: Alabama Citation: ALA. CODE § 6-5-343 (2004).

Alabama – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a donor of canned or perishable food to a charitable or nonprofit organization, and the charitable or nonprofit organization that distributes this food for free, from criminal or civil liability arising from an injury or death due to the condition of the food, as long as their actions are in good faith.

Type: State Laws & Regulations Region: Southeast State: Alabama Citation: ALA. CODE § 20-1-6 (1981).

Alaska – Liability of Food Donor

This law protects a food donor who donates food for free distribution by a food bank from liability for injury or death resulting from the condition of the food, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Western State: Alaska Citation: ALASKA STAT. § 17.20.345 (2004).

Alaska – Liability of Organizations Receiving Food Donations

This law protects a food bank or charitable organization that receives and distributes food from liability for injury or death resulting from the condition of the food, as long as it inspects the food and deems it to be fit for human consumption, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Western State: Alaska Citation: ALASKA STAT. § 17.20.346 (2004).

AmeriCorps Participants, Programs, and Applicants

This regulation allows organizations involved in gleaning and/or recovery of food crops or other foods that would otherwise be discarded to apply as "Specialized Service Programs" making them eligible to compete for AmeriCorps grants.

Type: Federal Laws & Regulations Region: National Citation: 45 C.F.R. § 2522.110(b)(2)(ii) (1994).

Arizona – Liability of Food Donors, Organizations Receiving Food Donations, and Farmers Allowing Food Collection

This law protects a person who donates an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization from civil liability for injury or death related to the condition of the food or grocery product, except in cases of negligence or misconduct; it protects a charitable or nonprofit organization that receives and distributes donated food or grocery products in good faith from civil liability for injury or death related to the condition of the food or grocery products, except in cases of negligence or misconduct; it protects farmers or other landowners or land managers from civil liability for injury or death of gleaners, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Western State: Arizona Citation: ARIZ. REV. STAT. § 36-916 (1991).

Arkansas – Liability of Farmer Allowing Food Collection

This law protects an owner, tenant, or lessee who allows gleaning of agricultural or farm products on their land. Also protects in the case of "u-pick" farm operations.

Type: State Laws & Regulations Region: Southwest State: Arkansas Citation: ARK. CODE ANN. § 18-60-107 (2019).

Arkansas – Liability of Food Donor

This law protects a donor of canned or perishable food to a charitable organization for free distribution or distribution at a nominal cost from liability for injury or death related to the condition of the food, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Southwest State: Arkansas Citation: ARK. CODE ANN. § 20-57-103 (2012).

Assistance for Community Food Projects

This law creates a program under which the Secretary of Agriculture may annually make grant funds available to private, nonprofit entities

Type: Federal Laws & Regulations Region: National Citation: 7 U.S.C. §2034 (2018).

Beyond Bread: Healthy Food Sourcing in Emergency Food Programs

This guide includes an extensive chapter on gleaning that addresses how to lay the groundwork to begin a gleaning program, information about engaging and managing volunteer gleaners, as well as descriptions of organizations that can serve as resources.

Type: Non-Legal Research & Resources Region: National Citation: Jessica Powers, Theresa Snow, Suzanne Babb, Beyond Bread: Healthy Food Sourcing in Emergency Food Programs, WhyHunger (June 26, 2014).

Bill Emerson Good Samaritan Food Donation Act

The Bill Emerson Good Samaritan Food Donation Act (the Act) protects individuals and nonprofit organizations from civil and criminal liability associated with the condition... of apparently wholesome

Type: Federal Laws & Regulations Region: National Citation: 42 U.S.C. § 1791 (1996).

California – Creation of the Office of Farm to Fork

This law establishes the Office of Farm to Fork to work with organizations involved in promoting food access to increase the amount of agricultural products available to underserved communities and schools in the state. The office will undertake measures including: coordinating and information-sharing, promoting WIC and CalFresh at farmers markets, supporting urban agriculture, supporting more and better food retail outlets in urban and rural areas, encouraging food hubs, coordinating institutional food procurement, promoting farm to school practices, and providing technical assistance.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. FOOD & AGRIC. CODE § 49001 (2015).

California – Food Producers or Gleaners Provided Authority to Directly Sell Foods

This law authorizes a community food producer or a gleaner to sell or provide whole uncut fruits or vegetables or unrefrigerated shell eggs directly to the public, to a permitted restaurant, or to a cottage food operation, with certain restrictions. Gleaners are authorized to donate whole uncut fruits or vegetables or unrefrigerated shell eggs to a food bank or food kitchen with somewhat fewer restrictions.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. HEALTH & SAFETY CODE § 114376 (2015).

California – Liability of Farmer Allowing Food Collection

This law protects an owner, tenant, or lessee who allows gleaning on their land from liability for injuries, except in the case of negligence or misconduct. The protection does not apply if the farmer is paid for allowing the gleaning.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. CIV. CODE § 846.2 (1988).

California – Liability of Food Donor

This law protects any county, county agency, or person who donates any agricultural product from liability for any injury in connection with such donated product, except in a case of gross negligence or willful act.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. FOOD & AGRIC. CODE § 58505 (1977).

California – Net Tax Credit for Taxpayers Who Donate to Food Bank

This law allows a tax credit against the "net tax" for a taxpayer who donates qualified donation items to a food bank located in California in an amount equal to 15 percent of the qualified value of those items. The law is set to expire on December 1, 2027.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. REV. & TAX. CODE § 17053.88.5 (2019).

California – Net Tax Credit for Transportation of Donated Food

This law allows a tax credit against the "net tax" for a taxpayer who transports any donated agricultural product in accordance with the Food and Agricultural Code, of an amount equal to 50 percent of the transportation costs paid or incurred by the taxpayer in connection with the transportation of the donated agricultural product.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. REV. & TAX. CODE § 17053.12 (1996).

California – Operations Inspection Following a Food Safety Recall or Complaint

This law authorizes an enforcement officer to inspect the operations of a community food producer or gleaner in response to a food safety recall or complaint and to issue the appropriate order for any violations.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. HEALTH & SAFETY CODE § 114376.5 (2015).

California – Surplus Food Collection and Distribution

This law allows the board of supervisors of any county to establish a surplus food collection and distribution system and a 24-hour information and food collection center. The center would provide information to coordinate available agricultural products with the organizations that need them and for collecting, receiving, handling, storing, and distributing donated agricultural products.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. FOOD & AGRIC. CODE § 58503 (1977).

California – Tax Credit for Taxpayers Who Donate to Food Bank

This law allows a tax credit for a taxpayer who donates fresh fruits or vegetables or certain other foods to a food bank located in California, in an amount equal to 15 percent of the qualified value of the donated food. The law is set to expire December 1, 2027.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. REV. & TAX. CODE § 23688.5 (2019).

California – Tax Credit for Transportation of Donated Food

This law allows a tax credit for a taxpayer who transports any donated agricultural product in accordance with the Food and Agricultural Code in an amount equal to 50 percent of the transportation costs paid or incurred by the taxpayer in connection with the transportation of that donated agricultural product.

Type: State Laws & Regulations Region: Western State: California Citation: CAL. REV. & TAX. CODE § 23608 (2000).

Colorado – Liability of Food Donor and Organizations Receiving Food Donations

This law protects farmers, retail food establishments, processors, distributors, and wholesalers who donate food items to a nonprofit organization, and the nonprofit organization when it distributes such food without charge, from civil or criminal liability for damages resulting from the nature, age, condition, or packaging of such donated foods, except for willful or reckless acts.

Type: State Laws & Regulations Region: Mountain State: Colorado Citation: COLO. REV. STAT. § 13-21-113 (2016).

Colorado – Tax Credit for Food Donations

This law allows any taxpayer who makes a food contribution to a hunger relief charitable organization during a tax year beginning on Jan. 1, 2015, but before Jan. 1, 2020, and receives a credit certificate, a credit against income taxes equal to either 25 percent, not to exceed $5,000 of the wholesale market price, or recent sale price of the food contribution. This law is repealed effective January 1, 2025.

Type: State Laws & Regulations Region: Mountain State: Colorado Citation: COLO. REV. STAT. § 39-22-536 (2014).

Community Food Hubs: Community Food Security and Economic Development

This report discusses gleaning in the context of food hubs, community economic development, and food security in New Jersey. It provides some examples of gleaning activities taking place in different parts of the state.

Type: Non-Legal Research & Resources Region: Mid-Atlantic State: New Jersey Citation: Edward J. Bloustein School of Planning and Public Policy, Rutgers University (May 2012).

Comprehensive Guidelines for Food Recovery Programs

This resource provides information about food safety practices, responsibilities of rescue programs, and discusses various legal concerns, regulations, and federal agencies associated with food recovery activities.

Type: Legal Research & Resources Region: National Citation: Food Recovery Committee, 2000 Conference for Food Protection, Council I (last updated April 2016).

Connecticut – Liability of Farmer Allowing Food Collection

Any landowner who invites or permits a person to enter their land to harvest firewood, with or without charge, or fruits or vegetables, without charge, or engage in maple-sugaring activities on behalf of a nonprofit organization for use by or distribution to a nonprofit organization is not liable for damages as a result of injury to that person while harvesting unless the injury is caused by the owner's failure to warn of a dangerous hidden hazard known to the owner.

Type: State Laws & Regulations Region: Northeast State: Connecticut Citation: CT. Gen. Stat. §52-557k (2019)

Connecticut – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any person who donates food to a nonprofit organization, and any nonprofit organization that distributes food for free or for a minimal fee, from civil or criminal liability for damages resulting from the condition of the food, unless the person or organization knew or had reason to believe that the food was adulterated or not fit for human consumption.

Type: State Laws & Regulations Region: Northeast State: Connecticut Citation: CONN. GEN. STAT. § 52-557l (2012).

Create a Food Rescue Program in Your Community

This presentation and guide maps out the steps of how to start a bike-powered food rescue to help individuals or groups get started in the process.

Type: Non-Legal Research & Resources Region: National Citation: Hana Danksy, Helen Katich, Becky Higbee, Xavier Rojas, Nora Leccese, and Caleb Phillips, "Create a Food Rescue Program in Your Community," Boulder Food Rescue, 2012.

Cultivate Iowa: A Guide for Growing Healthier Iowans, Organizations and Communities Through Food Gardening and Produce Donation

This Iowa-specific guide encourages food gardening and donation and highlights strategies to reduce food insecurity at the individual, community and policy levels. This guide showcases six Iowa organizations and 10 national resources dedicated to food gardening and produce donation.

Type: Non-Legal Research & Resources Region: Midwest State: Iowa Citation: Iowa Food Access and Health Work Group, "Cultivate Iowa: A Guide for Growing Healthier Iowans, Organizations and Communities Through Food Gardening and Produce Donation," Iowa Food Systems Council, November 2014.

Delaware – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a person or gleaner who donates food for distribution by a nonprofit organization or state agency from civil or criminal liability resulting from the condition of the food, except in cases of negligence or misconduct; a person who processes wild game for distribution by a nonprofit organization or state agency from civil or criminal liability resulting from the condition of the food, except in cases of negligence or misconduct; and a nonprofit organization who accepts donated food for distribution without charge from civil or criminal liability resulting from the condition of the food, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: Delaware Citation: DEL. CODE tit. 16 § 6820 (1982).

District of Columbia – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor who donates to a charitable or not-for-profit organization, and the charitable or not-for-profit organization which receives and distributes such food without charge or at a nominal charge, from criminal or civil liability arising from an injury or death due to the condition of such food, except in cases of negligence or misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: District of Columbia Citation: D.C. CODE § 48-301 (2002).

District of Columbia – Urban Farming and Food Security Amendment Act of 2014

This law amends the Food Production and Urban Gardens Program Act of 1986 by updating existing law related to urban farming. This law, in part, provides a tax credit for individual tax payers, corporations, and unincorporated businesses that donate food grown from urban farming or community gardens.

Type: State Laws & Regulations Region: Mid-Atlantic State: District of Columbia Citation: 62 D.C. REG. 1504 (MARCH 4, 2015).

Donating Food to Charity? Chew On This Law

This article explains food donor liability highlighting that the Bill Emerson Good Samaritan Food Donation Act provides that no part of the law shall be construed to supersede state or local health regulations.

Type: Legal Research & Resources Region: National Citation: Betty Wang, Donating Food to Charity? Chew On This Law, FINDLAW (June 9, 2013).

Donation of Foods For Use in the United States, Its Territories and Possessions and Areas Under Its Jurisdiction, Subpart B – Delivery, Distribution, and Control of Donated Foods

This subpart of the law explains the terms and conditions under which donated foods may be obtained from the US Department of Agriculture by federal, state, and private agencies for use in any state in child nutrition programs, nonprofit summer camps for children, charitable institutions, nutrition programs for the elderly, the Commodity Supplemental Food Program, the Special Supplemental Nutrition Program for Women, Infants, and Children, the Food Distribution Programs on Indian Reservations and the assistance of needy persons.

Type: Federal Laws & Regulations Region: National Citation: 7 C.F.R. § 250 (2010).

Dynamic Volunteer Staffing in Multicrop Gleaning Operations

This paper helps organizations better manage gleaning operations to increase the volume of fresh food collected.

Type: Non-Legal Research & Resources Region: National Citation: Baris Ata, Deishin Lee, and Erkut Sonmez, "Dynamic Volunteer Staffing in Multicrop Gleaning Operations," The University of Chicago Booth School of Business, June 2018.

Emergency Food Assistance; State Appropriations

This statutory provision allows the Secretary of Agriculture to give appropriated funds to states to pay for costs associated with the processing, storage, transporting, and distributing to eligible recipient agencies

Type: Federal Laws & Regulations Region: National Citation: 7 U.S.C. § 7508 (2008).

Falling Fruit

Interactive map to find urban harvests around the world.

Type: Non-Legal Research & Resources Region: International

Federal Food Donation Act of 2008

This law requires that all federal contracts over $25,000 that involve the purchase, service or sale of foods or contracts on federal property where food is served will include language encouraging donation of surplus food stuff to nonprofit organizations benefitting the food insecure. Liability associated with this action is covered under the Bill Emerson Good Samaritan Food Donation Act.

Type: Federal Laws & Regulations Region: National Citation: 42 U.S.C. § 1792 (2008).

Feeding America: Hunger + Health

This initiative centers the work of 200 food banks, 60,000 food pantries and meal programs that intersect with health and hunger. The resources though this hub encourage fighting hunger while promoting health and provides relevant tools and resources, highlights existing best practices and nutrition initiatives, and a database for finding food banks or food pantries.

Type: Non-Legal Research & Resources Region: National

Fighting Food Waste in Restaurants: Donation Guidance

This guide describes how to efficiently donate excess food from a restaurant to a local food donation program to help solve chronic hunger in the U.S. Plus, specific resources for the Washington, DC, Maryland, and Virginia food donation resources.

Type: Non-Legal Research & Resources Region: National State: District of Columbia, Maryland, Virginia Citation: National Restaurant Association and World Wildlife Fund, "WWF and NRA Fighting Food Waste in Restaurasnts: Donation Guidance"

Florida – Assistance for Food Recovery Programs

This law establishes that the Department of Agriculture and Consumer Services helps to coordinate the establishment of food recovery programs. The law, in part, specifies that the Department may provide direct and indirect support to food recovery programs by loaning equipment, facilities, and staff resources for the collection, packaging, storage, and transportation of donated food, as needed.

Type: State Laws & Regulations Region: Southeast State: Florida Citation: FLA. STAT. § 595.420 (2014).

Florida – Liability of Farmer Allowing Food Collection

This law protects any farmer who allows persons to enter the land for the purpose of gleaning from civil liability arising from an injury or death resulting from the nature or condition of the land or crops, except in cases of negligence or intentional act.

Type: State Laws & Regulations Region: Southeast State: Florida Citation: FLA. STAT. § 768.137 (1997).

Florida – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor or gleaner who donates any canned or perishable food to a charitable or nonprofit organization, and the charitable or nonprofit organization which accepts, collects, transports, or distributes such food without charge from criminal or civil liability arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: Florida Citation: FLA. STAT. § 768.136 (2014).

Food Donations: A Farmer’s Guide

This guide published by the Florida Department of Agriculture and Consumer Services addresses the enhanced federal tax deduction, as well as federal and state laws limiting liability for food donation.

Type: Legal Research & Resources Region: Southeast State: Florida Citation: Florida Department of Agriculture and Consumer Services, Food Donation: A Farmer's Guide (2020).

Food Recovery: A Legal Guide

This comprehensive guide provides food waste statistics, a summary of the Bill Emerson Good Samaritan Food Donation Act and liability issues covered thereunder, health and safety standards, and addresses how the food sector can become more engaged in food donation.

Type: Legal Research & Resources Region: National Citation: James Haley & Nicole Civita, Food Recovery: A Legal Guide, UNIVERSITY OF ARKANSAS SCHOOL OF LAW (2013).

Food Rescue Robot

Developed by volunteers at the Boulder Colorado Food Rescue and now used by 35+ other cities across the globe, The Robot is a web app for scheduling, tracking and routing "just-in-time" food rescue. The app uses "love, community and bicycles "to battle food insecurity.

Type: Non-Legal Research & Resources Region: International State: Colorado

Food Waste and Recovery: Gleaning Crops From Local Farms

Provides background on the history of gleaning and its role in managing food waste and links to resources for Connecticut volunteers and farmers.

Type: Non-Legal Research & Resources Region: Northeast State: Connecticut Citation: Connecticut Department of Energy and Environmental Protection, Food Waste Reduction and Recovery: Gleaning Crops from Local Farms / Survey, (May 27, 2020).

Food Waste Reduction and Gleaning

This webpage developed by Washington State University Extension explains how and why to get involved in food waste reduction and gleaning opportunities around Clallam County, Washington.

Type: Non-Legal Research & Resources Region: Western State: Washington

GardenComm: Plant-A-Row Campaign

This organization, formerly known as Grant Writers Association (GWA) sponsors Plant A Row for the Hungry (PAR), which encourages growers of all sizes to plant crops specifically for donation. The website includes information for those who would like to start a PAR campaign, make a PAR donation, or find a PAR committee.

Type: Non-Legal Research & Resources Region: National

Georgia – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor or gleaner who donates any canned or perishable food to a charitable or nonprofit organization, and the charitable or nonprofit organization which accepts such food for use or distribution, from criminal or civil liability arising from the condition of the food, except in cases of recklessness or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: Georgia Citation: GA. CODE ANN. § 51-1-31 (1990).

Gleaner’s Handbook

This guide provides a step-by-step guide for organizing a gleaning event, especially for those who live in areas where there is not an establish Gleaning Network. Basic information and facts about hunger in the United States, rules and tips for successful gleaning, and a sample gleaner information and liability form are also provided. Contact information is provided for Gleaning Networks in Virginia, Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee.

Type: Non-Legal Research & Resources Region: National State: Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, Virginia Citation: Society of St. Andrew: The Gleaning Network, "Gleaner's Handbook," 2012.

Gleaning for the World

A faith-based nonprofit humanitarian organization providing supplies and logistical support to nonprofits in the United States and internationally to encourage the provision of nutritious surplus crops to the food insecure. The website includes information for volunteers, advocates, donors and others.

Type: Policy & Research Orgs. Region: International

Gleaning: Capturing Surplus to Meet Local Needs

This article includes a brief overview of the amount of healthy food crops grown each year that are wasted and profiles a handful of Vermont gleaning organizations working to recover wasted food and food crops.

Type: Non-Legal Research & Resources Region: Northeast State: Vermont Citation: Corinne Almquist, Communities and Banking: Gleaning: Capturing Surplus to Meet Local Needs, FEDERAL RESERVE BANK OF BOSTON, (2012).

Guide to Starting a FoodPool

This resource provides steps and suggestions for individuals and groups hoping to create a FoodPool and provides a discussion of some of the liability concerns surrounding gleaning.

Type: Non-Legal Research & Resources Region: National Citation: Andrew Sigal, Guide to Starting a FoodPool, FoodPool (Oct. 18, 2013).

Harvesting/Gleaning Organization Directory

Directory of major gleaning operations across the U.S. and organizations that harvest, collect, rescue, or recover fruit or produce for charitable purposes.

Type: Non-Legal Research & Resources Region: National State: Arizona, California, Idaho, Kansas, Kentucky, Maryland, Missouri, New Hampshire, Oregon, Vermont, Virginia, Washington

Hawaii – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any food donor who donates to a charitable, religious, or nonprofit organization, and the charitable, religious, or nonprofit organization which receives and distributes such food at no charge, from criminal or civil liability for injury or illness resulting from the condition of the donated food, except in cases of gross negligence or wanton acts or omissions.

Type: State Laws & Regulations Region: Western State: Hawaii Citation: HAW. REV. STAT. § 145D-2 (2021).

Hawaii – Liability of Landowner Allowing Recreational Activity

A landowner incurs no duty of care or liability to any person who uses the land for recreational purposes without charge, or to any person who enters their land in response to an injured recreational user.

Type: State Laws & Regulations Region: Western State: Hawaii Citation: Haw. Rev. Stat. Ann. § 520-4 (1997) and Haw. Rev. Stat. Ann. § 520-5 (1969)

Healthy Food, Healthy Iowans, Healthy Communities: Public Health Tools to Advance Healthy, Sustainable Food Systems, Part 1: Community Food Systems: A Primer for Local Public Health Agencies

This Iowa-specific guide connects food systems with issues of public health, drawing clear parallels between human health and environmental stressors, nutritional intake, and other aspects of the total food system. This guide assesses community food systems that support core functions and essential public helath services.

Type: Non-Legal Research & Resources Region: Midwest State: Iowa Citation: Angie Tagtow, "Healthy Food, Healthy Iowans, Healthy Communities: Community Food Systems: A Primer for Local Public Health Agencies," Division of Health Promotion & Chronic Disease Prevention, Iowa Department of Piublic Health, June 2014.

High Desert Food & Farm Alliance: Grow and Give Program

This online donation database helps users identify hunger relief nonprofits near their location that accept food donations. The website includes information on liability and information for food donors.

Type: Non-Legal Research & Resources Region: Western State: Oregon

Idaho – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any food donor or gleaner who donates any perishable or nonperishable food to a charitable or nonprofit organization for free distribution from criminal or civil liability arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct. This law does not limit any liability of the charitable or nonprofit organization that accepts perishable food items.

Type: State Laws & Regulations Region: Western State: Idaho Citation: IDAHO CODE ANN. § 6-1302 (1980).

Illinois – Liability of Food Donor

This law protects wild game donors, farmers. food producers, processors, distributors, wholesalers, retailers, gleaners, nonprofit corporations, charitable organizations, or any other persons who donate perishable canned or farm food items, prepared food, day old bread, or wild game from civil liability for illness or disease resulting from the nature, age, condition, or packaging of the food, except in cases of willful, wanton, or reckless acts.

Type: State Laws & Regulations Region: Midwest State: Illinois Citation: 745 ILL. COMP. STAT. 50/3 (2001).

Illinois – Liability of Landowner Allowing Recreational Activity

These laws specifies that a landowner owes no duty of care to a person who uses the land for recreation or conservation purposes without charge, except in case of willful and wanton failure to guard or warn against a dangerous condition.

Type: State Laws & Regulations Region: Midwest State: Illinois Citation: 745 Ill. Comp. Stat. Ann. 65/3 and 745 Ill. Comp. Stat. Ann. 65/6 (2001)

Illinois – Liability of Organizations Receiving Food Donations

This law protects nonprofit organizations that receive and distribute food without charge from civil liability for damages the food causes to the ultimate food recipient. This protection from liability exists unless the damage resulted from the willful, wanton, or reckless acts of the nonprofit organization.

Type: State Laws & Regulations Region: Midwest State: Illinois Citation: 745 ILL. COMP. STAT. 50/4 (2004).

Increasing Food Recovery From Farmers’ Markets

This report analyzes the impact of collecting unsold food discarded at farmer's markets for nonprofit food recovery and fleaning. Using Geographical Information System (GIS) mapping and analysis to establish areas where there are large numbers of farmers' markets and food recovery organizations. The report finds there are opportunities for improved coordination between markets and recovery organizations and includes an appendix with listings of the 28 food organizations with the highest concentrations of farmers markets within a certain radius as well as contact information for the individual farmers markets.

Type: Non-Legal Research & Resources Region: National Citation: Charlene C. Price, J. Michael Harris, "Increasing Food Recovery From Farmers' Markets: A Preliminary Analysis," Food Assistance and Nutrition Research Report No. 4, Food and Rural Economics Division, Economics Research Service, U.S. Department of Agriculture, January 2000.

Indiana – Liability of Farmer Allowing Food Collection

This law protects an operator who allows persons to enter the land for the purpose of gleaning agricultural products, without compensation, from civil liability for any injury incurred by the person collecting the food while on the land, except in cases of gross negligence or willful or wanton misconduct.

Type: State Laws & Regulations Region: Midwest State: Indiana Citation: IND. CODE § 34-30-3-1 (1998).

Indiana – Liability of Food Donor

This law protects a person who makes a gift of a food item, an agricultural product, or livestock to a charitable entity from civil liability arising from the use, condition, quality, or content of the gift, except in cases of misconduct or knowing violation of a food safety law.

Type: State Laws & Regulations Region: Midwest State: Indiana Citation: IND. CODE § 34-30-5-1 (2013).

Iowa – Liability of Food Donor and Organizations Receiving Food Donations

This law protects gleaners, restaurants, food establishments, food service establishments, schools, manufacturers of foodstuffs, meat or poultry establishments, or other persons who donate food to a charitable or nonprofit organization or government agency for free distribution from criminal or civil liability arising from the condition of the food, except in cases of negligence, recklessness, intentional misconduct, or actual or constructive knowledge that the food is not fit for human consumption. The law also protects the charitable or nonprofit organization receiving the donation from criminal or civil liability, except in cases of negligence.

Type: State Laws & Regulations Region: Midwest State: Iowa Citation: IOWA CODE § 672.1 (2008).

Iowa – Tax Credit for Food Donations

This law establishes a farm to food donation tax credit equal to the lesser of 15% of the value of the donation or $5,000 for eligible taxpayers who (1) produce the donated food commodity; (2) transfer, without remuneration, the donated food commodity to an Iowa food bank or emergency feeding organization; (3) donate a food commodity that meets the quality requirements for donated foods; and (4) provide appropriate documentation supporting the tax credit claim. The law also specifies how to file the tax credit claim and limitations on such claims.

Type: State Laws & Regulations Region: Midwest State: Iowa Citation: IOWA CODE § 190B (2013).

Kansas – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor who donates canned or perishable food to a charitable or not-for-profit organization, and the charitable or not-for-profit organization that receives and distributes such food without charge, from criminal or civil liability arising from an injury or death due to the condition of such food, except in cases of willful, wanton, malicious, or intentional misconduct.

Type: State Laws & Regulations Region: Mountain State: Kansas Citation: KAN. STAT. ANN.§ 65-687 (1996).

Kentucky – Grant Program for Food Recovery Organizations

This law establishes a grant program for nonprofit organizations that: (1) have at least five years experience in coordinating a statewide network of food banks and charitable organizations that serve counties in Kentucky; and (2) coordinate the collection and transportation of surplus agricultural commodities to food banks across the state. The law also stipulates other requirements for those nonprofit organizations that receive a grant and provides for producers who donate food to be reimbursed for their costs.

Type: State Laws & Regulations Region: Southeast State: Kentucky Citation: KY. REV. STAT. § 247.982 (2009).

Kentucky – Liability of Food Donor and Organizations Receiving Food Donations of Apparently Wholesome Food and Farmers Allowing Gleaning

This law protects a person, gleaner, or paid or unpaid representative of a nonprofit organization from civil or criminal liability arising from the nature, age, packaging, or condition of a food donation to a nonprofit organization for distribution, except in cases of intentional misconduct. The law also protects organizations receiving and distributions donated food from civil or criminal liability arising from the nature, age, packaging, or condition of such donated food, except in cases of intentional misconduct. Lastly, the law protects people who allow gleaning from civil or criminal liability for any injury or death of a gleaner, except in cases of intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: Kentucky Citation: KY. REV. STAT. § 411.241 (2017).

Kentucky – Liability of Food Donor and Organizations Receiving Food Donations of Food Not Meeting Safety Standards

This law protects a person or gleaner who donates food that does not meet governmental consumer safety standards to a nonprofit organization from civil or criminal liability if the nonprofit organization: 1) is informed by the donor of the distressed or defective condition of the donation; 2) agrees to recondition the donation to comply with consumer safety standards; and 3) is knowledgeable about the required standards to properly recondition the donation.

Type: State Laws & Regulations Region: Southeast State: Kentucky Citation: KY. REV. STAT. § 411.242 (2017).

Let’s Glean!

A toolkit created by the USDA that includes resources, information and steps for starting a gleaning project or organization.

Type: Non-Legal Research & Resources Region: National Citation: U.S. Dept. Agric., Let's Glean! United We Serve Toolkit (2010).

Liability Protection for Food Donation

This short guide details what activities and food donations are covered under the Good Samaritan Act. It also briefly addresses the difference in coverage between federal and state laws.

Type: Legal Research & Resources Region: National Citation: Dana Hamilton, Marguerite Ahmann and Sarah Hall, Liability Protection for Food Donation, Public Health Law Center at William Mitchel College of Law (March 2013).

Local Movements of Gleaning and Food Recovery

Introduction to food recovery as a local movement. Overview of the various forms that food recovery takes including gleaning, perishable food rescue, non-perishable food collection, and rescue of prepared food.

Type: Non-Legal Research & Resources Region: National

Loss Adjustment Manual (LAM) Standards Handbook

A resource for navigating the USDA's rules for gleaning acreage insured by federal crop insurance.

Type: Legal Research & Resources Region: National Citation: U.S. Dep't Agric., Loss Adjustment Manual (LAM) Standards Handbook: 2021 and Succeeding Crop Years (Mar. 15, 2021).

Louisiana – Liability of Farmer Allowing Food Collection

This law protects an owner of farm or forest land who allows a group or individuals to enter the land for the purpose of gleaning, without compensation, from liability for any injury or death in connection with such gleaning while on the land, except in cases of an intentional act or negligence.

Type: State Laws & Regulations Region: Southwest State: Louisiana Citation: LA. REV. STAT. ANN. § 9:2800.4(D) (1993).

Louisiana – Liability of Food Donor – 1

This law protects restaurants, churches, civic organizations, schools, individuals, farmers, manufacturers, processors, packers, wholesalers, or retailers who donate perishable food to a feeding program from liability, except in cases of intentional act or omissions or negligence.

Type: State Laws & Regulations Region: Southwest State: Louisiana Citation: LA. REV. STAT. ANN. § 9:2799.3 (2014).

Louisiana – Liability of Food Donor – 2

This law protects food banks and their designated distributors as well as individuals, farmers, food service establishments, schools, churches, civic organizations, manufacturers, processors, packers, restaurants, wholesalers, and retailers who donate to food banks from liability caused by the condition of donated food, vitamins, or wild game, except in cases of intentional acts or omissions or negligence.

Type: State Laws & Regulations Region: Southwest State: Louisiana Citation: LA. REV. STAT. ANN. § 9:2799 (2014).

Maine – Liability of Food Donors and Organizations Receiving Food Donations

This law protects a food donor who donates canned or perishable food to a charitable or not-for-profit organization, and a charitable or not-for-profit organization that receives and distributes such food without charge, from civil liability arising from injury or death due to the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Northeast State: Maine Citation: ME. REV. STAT. TIT. 14 § 166 (2009).

Maine – Liability of Landowner Allowing Recreational or Harvesting Activity

A landowner, lessee, or occupier may grant permission to persons to harvest field products free of charge from the property. The landowner, lessee, or occupier who grants permission is not liable unless they fail to warn against a dangerous condition, use, structure, or activity.

Type: State Laws & Regulations Region: Northeast State: Maine Citation: Me. Rev. Stat. tit. 14, § 159-A (1995)

Maryland – Liability of Farmer Allowing Food Collection

This law protects a farmer who permits a 501(c)(3) charitable organization to enter the farmer's property for the purpose of gleaning, without compensation, from civil liability for any injury in connection with such gleaning while on the property unless the injury results from willful or malicious failure to guard or warn against any dangerous condition, use, structure, or activity.

Type: State Laws & Regulations Region: Mid-Atlantic State: Maryland Citation: MD. CODE ANN. CTS. & JUD. PROC. § 5-404 (1997).

Maryland – Liability of Food Donor

This law protects a person who donates, prepares, serves, or dispenses food to a nonprofit corporation, organization, or association that uses and distributes such food without charge from civil liability arising from the condition of the food, except in cases of gross negligence or willful and wanton misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: Maryland Citation: MD. CODE ANN. CTS. & JUD. PROC. § 5-634 (1997).

Maryland – Tax Credit for Taxpayers Who Donate to Food Bank

This law establishes a tax incentive for the donation of farm products to a gleaning organization. The law provides that an individual may subtract from their adjusted gross income, for state tax purposes, the amount by which the wholesale market value of the donation exceeds the amount they claim as a deduction for federal tax purposes. To claim the deduction, the filer must include a statement from the gleaning organization certifying the amount donated and that it will be distributed for free to needy individuals, and a statement from the Maryland Department of Agriculture certifying the wholesale market value of the donation.

Type: State Laws & Regulations Region: Mid-Atlantic State: Maryland Citation: MD. CODE ANN. TAX-GEN. § 10-208(g) (2019).

Massachusetts – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a person who donates food to a nonprofit corporation, and a nonprofit corporation that distributes and serves donated food without charge or at a charge sufficient only to cover the cost of handling such food, from civil liability for injury resulting from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct, provided that the food is not misbranded or adulterated and that it has been handled in compliance with health department regulations at every stage of the supply chain. Nonprofit organizations distributing or serving food must be inspected and permitted by a local health department; the preparation of food in private homes for donation to a nonprofit organization is exempted from this requirement.

Type: State Laws & Regulations Region: Northeast State: Massachusetts Citation: MASS. GEN. LAWS CH. 94 § 328 (1988).

Michigan – Liability of Farmer Allowing Food Collection

This law protects an owner, tenant, or lessee of land who allows persons to enter the land without charge for the purpose of gleaning agricultural or farm products from liability for any injury in connection with such gleaning while on the land, except in cases of gross negligence or willful and wanton misconduct.

Type: State Laws & Regulations Region: Midwest State: Michigan Citation: MICH. COMP. LAWS § 324.73301(4) (2017).

Michigan – Liability of Food Donor

This law protects an individual, farmer, food producer, processor, distributor, wholesaler, retailer, gleaner, or other person who donates food to a nonprofit or charitable organization for distribution to needy or poor persons from civil liability based on warranty, negligence, or strict liability resulting from the condition of the food. The protection does not apply in cases of willful, wanton, or reckless acts; in the case of prepared food, all applicable regulations must have been followed and the food must not have been potentially hazardous at the time of donation. Protection from liability also does not extend to food in hermetically sealed containers not prepared by a commercial processor (such as home-canned foods).

Type: State Laws & Regulations Region: Midwest State: Michigan Citation: MICH. COMP. LAWS § 691.1572 (1993).

Michigan – Liability of Organizations Receiving Food Donations

This law protects nonprofit or charitable organizations that receive food for free or at nominal cost and determine such food apparently fit for human consumption upon a reasonable inspection from civil liability based on warranty, negligence, or strict liability for damages resulting from the condition of the food. This protection does not apply in cases of willful, wanton, or reckless acts; in the case of prepared food, all applicable regulations must have been followed and the food must not have been potentially hazardous at the time of donation. Protection from liability also does not extend to food in hermetically sealed containers not prepared by a commercial processor (such as home-canned foods).

Type: State Laws & Regulations Region: Midwest State: Michigan Citation: MICH. COMP. LAWS § 691.1573 (1993).

Minnesota – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food manufacturer, distributor, processor, or a person who donates food to the state, a political subdivision, an institution or facility operated by the state or a political subdivision, a nonprofit charitable organization, or directly to elderly or needy people, from liability except in cases of gross negligence, recklessness, or intentional misconduct. The same protection is extended to food banks, nonprofit charitable organizations, and other food facilities who donate or distribute food without charge.

Type: State Laws & Regulations Region: Midwest State: Minnesota Citation: MINN. STAT. § 604A.10 (1998).

Minnesota – Prison Gardening Program

This law establishes a gardening program for inmates at each correctional facility where it is possible. The law, in part, provides for the commissioner to donate any portion of the harvest that cannot be used to feed inmates to food shelves and charities located near the correctional facility where the produce was grown.

Type: State Laws & Regulations Region: Midwest State: Minnesota Citation: MINN. STAT. § 241.241 (2012).

Mississippi – Liability of Food Donor

This law protects any person who donates food to a charitable or nonprofit organization from civil liability for any injury or death arising out of the condition of such food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: Mississippi Citation: MISS. CODE ANN. § 95-7-3 (1983).

Mississippi – Liability of Organizations Receiving Food Donations

This law protects a charitable or nonprofit organization that receives and distributes donated food, without charge, from civil liability based on strict liability for any injury or death resulting from the condition of such food.

Type: State Laws & Regulations Region: Southeast State: Mississippi Citation: MISS. CODE ANN. § 95-7-5 (1983).

Mississippi – Required Label

This law requires any charitable or nonprofit organization that distributes food to label it, or to post in a dining hall where prepared foods are served, with language stating that the food is not for resale and that pursuant to state law the organization is not liable in any civil action based on strict liability for any injury or death resulting from the condition of the food.

Type: State Laws & Regulations Region: Southeast State: Mississippi Citation: MISS. CODE ANN. § 95-7-9 (1983).

Missouri – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor who donates any canned or perishable food to a charitable or nonprofit organization, and a charitable or nonprofit organization that accepts, collects, transports, receives, or distributes donated food for free distribution, from criminal or civil liability for any injury arising out of the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Mountain State: Missouri Citation: MO. REV. STAT. § 192.081 (2006).

Missouri – Liability of Food Donor and Organizations Receiving Food Donations – Venison

This law protects a food donor who donates any canned or perishable food or frozen and packaged venison to a charitable or nonprofit organization, and a charitable or nonprofit organization that accepts, collects, transports, receives, or distributes such donated food for free distribution, from criminal or civil liability for any injury arising out of the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct. The law also provides that a food donor or charitable or nonprofit organization must comply with certain provisions regarding donated, frozen, and packaged venison.

Type: State Laws & Regulations Region: Mountain State: Missouri Citation: MO. REV. STAT. § 537.115 (2020).

Montana – Liability of Food Donor and Organizations Receiving Food Donations

This law protects a food donor or gleaner who donates any canned or perishable food to a charitable or nonprofit organization for free distribution from criminal or civil liability for any injury arising from the condition of the food, except in cases of gross negligence or intentional misconduct. The law also specifies that if the ultimate distributor charges a fee, this does not negate the donor or gleaner's liability protection.

Type: State Laws & Regulations Region: Mountain State: Montana Citation: MONT. CODE ANN. § 27-1-716 (1981).

Nebraska – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any person who donates prepared or perishable food or raw agricultural products to a charitable or nonprofit organization from civil liability for injury or death arising from the condition of the food, except where the injury directly results from gross negligence, recklessness, or intentional misconduct of the donor. A charitable or nonprofit organization that receives and distributes food without charge is protected from civil liability based on strict liability for damages resulting the condition of the food.

Type: State Laws & Regulations Region: Mountain State: Nebraska Citation: NEB. REV. STAT. § 25-21,189 (1989).

Nevada – Limitation of Liability for Gleaning and Recreational Gardening

This law provides that an owner, lessee, or occupant of any premises has no duty to keep the premises safe for entry or use by others for participating in any recreational activity, including gleaning, or to give warning of any hazardous condition, activity, or use. The law does not limit liability for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; injury of persons who paid a fee to participate in the recreational activity on the premises; or injury of persons to whom a duty of care is owed (for example, an employee).

Type: State Laws & Regulations Region: Western State: Nevada Citation: NEV. REV. STAT. § 41.510 (2007).

Nevada – Liability of Food Donor, Organizations Receiving Food Donations, and Farmer Allowing Food Collection

This law protects any person who donates or harvests food or grocery products to a nonprofit charitable organization, and a nonprofit charitable organization that receives or distributes such food without charge, from civil liability for any injury or illness resulting from the consumption or use of such food, except in cases of gross negligence or willful misconduct. If the donated food does not comply with state or federal regulations, neither the donor nor the receiving nonprofit charitable organization is civilly liable so long as the donor has informed the nonprofit charitable organization of the condition and the organization reconditions the food to meet those federal and state standards. Further, this law protects an owner or manager of property who allows a person to glean food from that property in order to distribute or donate the food without charge, except in cases of gross negligence or willful misconduct.

Type: State Laws & Regulations Region: Western State: Nevada Citation: NEV. REV. STAT. § 41.491 (2009).

New Hampshire – Liability of Landowner Allowing Recreational Activity

An owner, occupant, or lessee of land who permits any person to use land for recreational purposes or as a spectator of recreational activity, without charge, is not liable for personal injury or property damage unless the owner intentionally caused the injury. Further, a landowner who permits another person to gather produce under a pick-your-own model, as long as the person is not an employee, is not liable for personal injury or property damage except in cases of willful, wanton, or reckless conduct.

Type: State Laws & Regulations Region: Northeast State: New Hampshire Citation: N.H. Rev. Stat. Ann. § 508:14 (2006)

New Hampshire – Protection for Donors and Distributors of Food

This law protects food donors who donate to charitable or nonprofit organizations and charitable or nonprofit organizations that receive and distribute donated food, without charge or at a charge that is only enough to cover the cost of handling and administering such food, from criminal or civil liability for any injury arising out of the condition of the food. However, the law does not grant protection from liability in cases of gross negligence, recklessness, or intentional misconduct, or if at the time when the food is donated, distributed, or served it has been misbranded, adulterated, or in violation of applicable regulations. The law extends similar protection to donors of food for other purposes, such as animal feed or composting.

Type: State Laws & Regulations Region: Northeast State: New Hampshire Citation: N.H. REV. STAT. ANN. § 508:15 (1995).

New Jersey – Liability for Food Donors and Organizations, Liability for Landowners Allowing Gleaning

This law protects any donor or gleaner who donates prepared, perishable, or agricultural food to a nonprofit organization, and any food bank or nonprofit organization that receives and distributes such donated food, from criminal or civil liability for any injury or death due to the condition of the food, except in cases of gross negligence, recklessness, or knowing misconduct. This law also protects a landowner who allows gleaners to enter their land for the purpose of harvesting donated agricultural food for distribution from criminal or civil liability for any injury in connection with such gleaning while on the land or from consumption of the gleaned or donated food.

Type: State Laws & Regulations Region: Mid-Atlantic State: New Jersey Citation: N.J. REV. STAT. § 24:4A-3 (2013).

New Jersey – State Food Purchase Program: Gleaning Support

This public notice, released by the New Jersey Department of Agriculture, establishes the Gleaning Support Program to support gleaning activities under the grant program. The notice provides that interested eligible nonprofit entities that are gleaning from New Jersey farms and distributing such food to organizations feeding the hungry in New Jersey can request funds from the NJDA.

Type: State Laws & Regulations Region: Mid-Atlantic State: New Jersey Citation: N.J. REG. 371375 (September 15, 2014).

New Mexico – Liability for Food Donors and Organizations Receiving Donations

This law protects a person or gleaner who donates any perishable or canned food to a charitable or nonprofit organization or municipality for free distribution from criminal or civil liability for any injury arising from the condition of the food, except for cases of gross negligence, recklessness, or intentional conduct. This law also protects charitable or nonprofit organizations and municipalities that receive and distribute food at no charge from criminal or civil liability for any injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional conduct.

Type: State Laws & Regulations Region: Southwest State: New Mexico Citation: N.M. STAT. ANN. § 41-10-3 (1989).

New York – Liability Exemption for Premises Gleaned

This law provides that an owner, lessee, or occupant of premises, owes no duty to keep the premises safe for hunting, fishing, or organized gleaning, or for recreational purposes, or to give warning of any hazardous condition, use, structure, or activity to persons entering for such purposes. Further, this law provides that an owner, lessee, or occupant of premises who allows such activities on the premises does not incur liability or create a duty of care by granting permission for entry. The exemption does not extend to liability for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity, or where a person paid the landowner for permission to enter and engage in the previously mentioned activities.

Type: State Laws & Regulations Region: Northeast State: New York Citation: N.Y. GEN. OBLIG. LAW § 9-103 (1984).

New York – Liability for Donated Canned or Perishable Food or Farm Products

This law protects a donor who donates any canned or perishable food, farm product, game, or wild game to a charitable or nonprofit organization for free distribution from criminal or civil liability arising from the condition of the food, except in cases that the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated, or harmful to the health or well-being of consumers. It also requires that a nonprofit organization organizing or sponsoring gleaning activities provide liability insurance to persons engaged in those activities.

Type: State Laws & Regulations Region: Northeast State: New York Citation: N.Y. AGRIC. & MKTS. LAW § 71-Z (2010).

Noninsured Crop Disaster Assistance Program

This regulation stipulates that farmers filing a notice of loss under the Crop Disaster Assistance Program must not allow gleaning following the normal harvest until the crop acreage is released by a qualified Farm Service Agency (FSA) or Federal Crop Insurance Corporation (FCIC) loss adjustor, as determined by FSA. The FSA may agree to specific gleaning activities during this period provided that the gleaning operation and farmer provide accurate records of the quantity gleaned.

Type: Federal Laws & Regulations Region: National Citation: 7 C.F.R. § 1437.8(b) (2014).

North Carolina – Liability for Farmer Allowing Gleaning

This law provides that any farmer who allows gleaning on their land without compensation owes to the gleaners the same duty of care a farmer owes a trespasser. North Carolina courts interpret the law to impose a duty on a landowner to act without willfully or wantonly causing injury.

Type: State Laws & Regulations Region: Southeast State: North Carolina Citation: N.C. GEN. STAT. § 106-706 (1992).

North Carolina – Liability for Food Donors and Organizations Receiving Food

This law protects any person, including but not limited to a seller, farmer, processor, distributor, wholesaler, or retailer, who donates food for use or distribution by a nonprofit organization from civil or criminal liability resulting from the nature, age, condition, or packaging, except in cases of gross negligence, recklessness, or intentional misconduct. It also protects nonprofit organizations receiving and distributing donated food from civil or criminal liability resulting from the nature, age, condition, or packaging, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: North Carolina Citation: N.C. GEN. STAT. § 99B-10 (1996).

North Dakota – Food Recovery and Distribution Contracts

This law provides that the North Dakota Department of Human Services will contract with a statewide charitable food recovery and distribution organization to develop and implement new methods of delivering charitable food assistance services in underserved counties. The law includes additional provisions that the department can implement to expand food recovery in the state.

Type: State Laws & Regulations Region: Mountain State: North Dakota Citation: N.D. CENT. CODE § 50-06-35 (2009).

North Dakota – Liability for Food Donors and Organizations Receiving Donations

This law protects donors and gleaners, as well as recipient organizations, from criminal or civil liability for injuries resulting from the condition of food distributed at no charge, except in cases of gross negligence or willful conduct.

Type: State Laws & Regulations Region: Mountain State: North Dakota Citation: N.D. CENT. CODE § 19-05.1 (1983).

Ohio – Liability for Farmers Allowing Gleaning

This law protects an owner, lessee, renter, or operator of a farm or other real property who allows gleaners on their property from liability for any injury, death, or loss of property resulting from that gleaning, except in cases of negligence, willful or wanton misconduct, or intentionally tortious conduct as defined by the law.

Type: State Laws & Regulations Region: Midwest State: Ohio Citation: OHIO REV. CODE ANN. § 2305.35 (2001).

Ohio – Liability for Food Donors and Organizations Receiving Donations

This law protects a person who donates perishable food or consumer goods to an agency, and an agency that distributes such donated food or goods, from liability that allegedly arises because those foods or goods are not fit for human consumption or use, except in cases of gross negligence or willful or wanton misconduct.

Type: State Laws & Regulations Region: Midwest State: Ohio Citation: OHIO REV. CODE ANN. § 2305.37 (2008).

Oklahoma – Liability for Food Donation

This law protects any food donor who donates to a charitable organization or nonprofit corporation from civil or criminal liability for any injury resulting from the condition of the donated food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southwest State: Oklahoma Citation: OKLA. STAT. tit. 76 § 5.6 (2013).

Oregon – Liability of Food Gleaners, Donors, and Distributors

This law protects a gleaner or food donor who donates food to a charitable or nonprofit organization for distribution at no or minimal charge from criminal or civil liability for injury arising from the condition of the food, unless caused by gross negligence, recklessness, or intentional conduct. Charitable or nonprofit organizations share the same protection.

Type: State Laws & Regulations Region: Western State: Oregon Citation: OR. REV. STAT. § 30.890 (1989).

Oregon – Tax Credit for Qualified Crop Donations

This law allows a tax credit for qualified donations by a grower to food bank or other charitable organization as defined by law. The credit is calculated as 15 percent of the wholesale market price that the grower would have received had the quantity of the crop donated been sold. The wholesale market price can be established by an invoice or statement for crops of comparable grade or quality. The credit requires that the receiving organization issue a form certifying a description and the quantity of the donated crop, verifying that the produce is distributed to children, elderly, or people in need, and other information as required.

Type: State Laws & Regulations Region: Western State: Oregon Citation: OR. REV. STAT. § 315.156 (2014).

Oregon Food Industry Donations

Guidelines and resources for the Oregon food industry to donate food.

Type: Non-Legal Research & Resources Region: Western State: Oregon

Pennsylvania – Immunity for Food Donor

This law protects any person who donates food to a charitable or religious organization for free distribution from criminal or civil liability for any injury arising from the condition of such food, except in cases of negligence, recklessness, intentional misconduct, or if the donor has, or should have had, actual or constructive knowledge that the food is tainted, contaminated or harmful to the health or well-being of the ultimate recipient.

Type: State Laws & Regulations Region: Mid-Atlantic State: Pennsylvania Citation: 10 P.S. § 354 (1981).

Pennsylvania – Liability for Food Donation and Grocery Products

This law protects a person who donates food or grocery products to a nonprofit organization for free distribution from civil or criminal liability for any injury or death arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct. Further, this law protects a person who allows gleaning on property owned or occupied by him or her from civil or criminal liability that arises due to the injury or death of any individual involved in the collection or gleaning of donations, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: Pennsylvania Citation: 42 Pa.C.S.A. § 8338 (1990).

Pennsylvania – Liability of Organizations Receiving Food Donations

This law protects any bona fide charitable or religious organization which receives and distributes food, for free or for a nominal fee, from criminal or civil liability for any injury arising from the condition of such food. Protection from liability does not extend in cases of negligence, recklessness, intentional misconduct, or where the organization has actual or constructive knowledge that the food is harmful to the ultimate recipient.

Type: State Laws & Regulations Region: Mid-Atlantic State: Pennsylvania Citation: 10 P.S. § 355 (1996).

Pennsylvania – Pennsylvania Agricultural Surplus System Act of 2010

This law establishes the Pennsylvania Agricultural Surplus System (PASS) to enable the food industry to donate, sell, or otherwise provide food products to charitable food organizations. The law also provides a list of requirements that PASS must include to carry out the act.

Type: State Laws & Regulations Region: Mid-Atlantic State: Pennsylvania Citation: 62 P.S. § 4050.4 (2010).

Protections Afforded by the Good Samaritan Food Donation Act

This fact sheet explains the purpose and protections offered for food donors and landowners who allow gleaning activities on their land by Washington's Good Samaritan Food Donation Act. Overall, the analysis states that the actual liability protection offered by the law is minimal for a food donor, but gives effective liability protection for a landowner who allows gleaners on his or her land.

Type: Legal Research & Resources Region: Western State: Washington Citation: Lane Powell Attorneys and Counselors, Protections Afforded by the Good Samaritan Food Donation Act, Washington Food Coalition.

Public-Private Initiative to Reduce Food Waste: A Framework for Local Communities

This paper provides background information on hunger, poverty, and food waste in the U.S. and suggests public/private initiatives and stakeholder management can build successful initiatives to reduce food waste. It includes a discussion of liability concerns associated with gleaning.

Type: Non-Legal Research & Resources Region: International Citation: Steven M. Finn, "A Public-Private Initiative to Reduce Food Waste: A Framework for Local Communities," Graduate Students Journal of Organizational Dynamics, Volume 1, Issue 1, University of Pennsylvania, August 31, 2011.

Reducing Food Loss and Waste

This paper studies the impact of food loss and waste, approaches to reducing it, and puts forth five recommendations for how to move forward on this issue. The authors examine food loss and waste by global region through stages of the value chain and maps possible solutions, such as improving food expiration dates and incentivizing food crop donations. The paper also includes case studies highlighting potential methods of storing and transporting surplus crops.

Type: Non-Legal Research & Resources Region: International Citation: Brian Lipinski, Craig Hanson, Richard Waite, Tim Searchinger, James Lomax, "Reducing Food Loss and Waste," World Resources Report: 2013-14: Creating a Sustainable Food Future, World Resources Institute, June 4, 2013.

Reducing Food Waste Has Economic, Environmental and Social Benefits

This article provides a brief background on the issue of food waste in the U.S. and identifies gleaning and food recovery as methods to capturing surplus food. Notes that the Good Samaritan Act was enacted to address liability associated with food donation and provides resources from the USDA and EPA. Cite: Randy Bell, Reducing food waste has economic, environmental and social benefits, Michigan State University Extension (Mar. 27, 2012).

Type: Non-Legal Research & Resources Region: National State: Michigan Citation: Randy Bell, "Reducing Food Waste Has Economic, Environmental and Social Benefits," News, Michigan State University Extension, March 27, 2012.

Regulating Food Waste

This article describes how food watse is currently being regulated through laws or mandates, social norms, markets, and architecture. Three regulatory mechanisms are suggested to reduce food waste within the food chain.

Type: Non-Legal Research & Resources Region: National Citation: Sarah Morath, "Regulating Food Waste," 48 Texas Environmental Law Journal 239 (2018), April 3, 2017.

Requirements for the Distribution and Control of Donated Foods

This rule revises and clarifies requirements to ensure that USDA donated foods are distributed, stored, and managed in the safest, most efficient, and cost-effective manner at State and recipient agency levels. The rule also reduced administrative and reporting requirements for State distributing agencies.

Type: Legal Research & Resources Region: National Citation: 7 C.F.R. § 250-251 (2016).

Simple Steps to Donate Your Healthy Surplus in New York City

Guide to liability protections and tax incentives for company's or organizaions donating food to New York City's food pantries and soup kitchens. This guide offers a review of food safety protocols for donation, steps to get started with the process, and a list of frequently asked questions.

Type: Non-Legal Research & Resources Region: Northeast State: New York Citation: NYC Department of Health and Mental Hygiene, "Simple Steps to Donate Your Healthy Surplus: Guide for Food Donors," Mayor's Obesity Task Force, Human Resources Administration, December 2013.

South Carolina – Liability for Charitable or Nonprofit Organization Food Donation

This law protects a charitable or nonprofit organization or food bank that receives donated food from criminal or civil liability for an injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: South Carolina Citation: S.C. CODE § 15-74-30 (1992).

South Carolina – Liability for Food Donor

This law protects a food donor who donates to a charitable or nonprofit organization or food bank for free distribution from criminal or civil liability for an injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Southeast State: South Carolina Citation: S.C. CODE § 15-74-20 (1992).

South Dakota – Liability for Donation of Food

This law protects a donor or gleaner who donates any perishable food to a charitable or nonprofit organization for free distribution from criminal or civil liability for an injury arising from the condition of the food, except in cases of gross negligence, recklessness, or intentional conduct.

Type: State Laws & Regulations Region: Mountain State: South Dakota Citation: S.D. CODIFIED LAWS § 39-4-22 (1981).

South Dakota – Liability of Organizations Receiving Food Donations

This law protects charitable or nonprofit organizations that receive and distribute food at no charge from criminal or civil liability from injury resulting from the condition of the food unless the injury results from gross negligence, recklessness or intentional conduct.

Type: State Laws & Regulations Region: Mountain State: South Dakota Citation: S.D. CODIFIED LAWS § 39-4-23 (1981).

Special Rule for Certain Contributions of Inventory and Other Property

Internal Revenue Code section allowing C-corporations an enhanced deduction for qualified contributions of food inventory to qualified organizations.

Type: Federal Laws & Regulations Region: National Citation: IRC Section 170(e)(3) (2018)

Sustainability of Retail Food Recovery

This paper studies the intersections of food waste and hunger in the context of food rescue, food recovery, and food redistribution. Rooted in observation and experience, this paper develops a model to consider the sustainability of food recovery operations to alleviate hunger.

Type: Non-Legal Research & Resources Region: National Citation: Caleb Phillips, Rhonda Hoenigman, Becky Higbee, Tom Reed, "Understanding the Sustainability of Retail Food Recovery," PLOS ONE 8(10): e75530, October 10, 2013.

Tennessee – Liability for Free Food Distributors

This law protects a donor or gleaner (or deer hunter) who donates food to a charitable or nonprofit organization for free distribution from criminal or civil liability for an injury arising from the condition of the food, except in cases of negligence, recklessness, or intentional conduct.

Type: State Laws & Regulations Region: Southeast State: Tennessee Citation: Tenn. Code Ann. § 53-13-102 (2020).

Tennessee – Liability for Landowners

This law provides that a landowner, lessee, occupant, or any person in control of land owes no duty of care to keep such land or premises safe for entry or use for recreational activities including fruit and vegetable picking for the participant's own use, and is not required to give any warning of hazardous conditions, uses, structures, or activities.

Type: State Laws & Regulations Region: Southeast State: Tennessee Citation: Tenn. Code Ann. § 70-7-102 (2015).

Texas – Liability of Food Donor, Organizations Receiving Food Donations, and Farmer Allowing Food Collection

This law protects a person or gleaner donating food, a person who is allowing his or her fields to be gleaned by volunteers for distribution to the needy, and nonprofit organizations that receive and distribute food at no charge from criminal or civil liability for injury resulting from the condition of the food unless the injury results from gross negligence, recklessness or intentional misconduct.

Type: State Laws & Regulations Region: Southwest State: Texas Citation: Tex. Civ. Prac. & Rem. Code § 76.004 (2015)

The Alliance to End Hunger

National nonprofit organization working with policymakers, organizations, foundations, universities and others to end hunger domestically and internationally. The website includes information for members, donors, advocates and others.

Type: Policy & Research Orgs. Region: International

The Community Kitchen, Inc.: Gleaning for the Community Kitchen

The Community Kitchen in New Hampshire runs a number of local gleaning programs through an organized program, highlighting local farmers and volunteers.

Type: Non-Legal Research & Resources Region: Northeast State: New Hampshire Citation: The Community Kitchen, Inc., The Community Kitchen, Inc.: Gleaning for the Community Kitchen (2021).

The Good Food Fight for Good Samaritans: The History of Alleviating Liability and Equalizing Tax Incentives for Food Donors

This article provides a history and analysis of donor liability in the U.S., food donor immunity, and tax incentives for food donors. The article discusses why enhanced tax incentives for food donations should be expanded and why equalizing tax incentives is the best way to increase food donations to those in need.

Type: Legal Research & Resources Region: National Citation: Stacey H. Van Zuiden, The Good Food Fight for Good Samaritans: The History of Alleviating Liability and Equalizing Tax Incentives for Food Donors, 17 Drake J. Agric. L. 237 (2012).

The Law of Food Recovery: Reducing Risk, Maximizing Benefit, Creating Culture

The Food Recovery Project at the University of Arkansas School of Law produced this Prezi presentation. In part, it discusses the barriers to food recovery, explains the Bill Emerson Good Samaritan Food Donation Act, and provides information to assist in developing and implementing a comprehensive food recovery plan.

Type: Legal Research & Resources Region: National Citation: Nicole Civita, The Law of Food Recovery: Reducing Risk, Maximizing Benefit, Creating Culture, Food Recovery Project, University of Arkansas School of Law (July 18, 2015).

The Legal Guide to the Bill Emerson Good Samaritan Food Donation Act

This paper provides a detailed discussion of food waste and food insecurity in the United States while intending to inform those involved in the retail food industry of the provisions protecting them from liability under the Bill Emerson Good Samaritan Food Act.

Type: Legal Research & Resources Region: National Citation: James Haley, The Legal Guide to the Bill Emerson Good Samaritan Food Donation Act, Ark. L. Notes 1448 (Aug. 8, 2013).

Tort Liability for Sports and Recreational Activities: Expanding Statutory Immunity for Protected Classes and Activities

As part of a broader examination of liability associated with selected recreational activities, this article evaluates the role of the Good Samaritan Act in providing liability immunity to those involved in gleaning activities.

Type: Legal Research & Resources Region: National Citation: Terrence J. Centner, Tort Liability for Sports and Recreational Activities: Expanding Statutory Immunity for Protected Classes and Activities, 26 J. Legis., 26:1 (2015).

U.S. Congressional Hunger Center

A Washington, D.C. based nonprofit policy organization focused on mak[ing] issues of domestic and international hunger a priority to policymakers in the U.S. government and to raise a new generation of leaders to fight against hunger and poverty. The website includes information for advocates, legislators and donors.

Type: Policy & Research Orgs. Region: National State: District of Columbia

U.S. Food Rescue Locator

An program of Sustainable America, the Food Rescue Locator provides information on organizations across the country that rescue, glean, transport, prepare, and distribute food to those in need in their communities. Users can access an organization's contact info and location, hours of operation, recipient organizations, and more. Donation needs, guidelines and potential tax deductions questions can be directed to individual food recovery organizations.

Type: Non-Legal Research & Resources Region: National

Urban Fruit Gleaning and Trespass

This blog post by the Community Law Center discusses the issue of liability associated with gleaning uneaten and unwanted fruit from trees on public land and in private backyards.

Type: Legal Research & Resources Region: National Citation: Kristine Dunkerton, Urban fruit gleaning & trespass, Community Law Center (May 16, 2012).

USDA Farmers Market, Willingness to Glean

This regulation provides that those "participating in [United States Department of Agriculture] USDA Farmers Markets should commit to the USDA food gleaning/food recovery initiative," which requires that surplus food and food products be donated to a local nonprofit organization at the end of each market day. The regulation also refers any tax deduction questions to the IRS and allows for the receiving nonprofit entity to obtain a receipt for donated goods.

Type: Federal Laws & Regulations Region: National Citation: 7 C.F.R. § 170.12(c) (2005).

USDA Food Loss and Waste: Donating

This website provides links to resources for finding gleaning locations and food recovery organizations, as well as brief descriptions of and links to major federal laws relating to food recovery.

Type: Legal Research & Resources Region: National Citation: This article provides a brief background on the issue of food waste in the U.S. and identifies gleaning and food recovery as methods to capturing surplus food. Notes that the Good Samaritan Act was enacted to address liability associated with food donation and provides resources from the USDA and EPA.

USDA Risk Management Agency Fact Sheet on Gleaning: Alaska, Idaho, Oregon, Washington

This fact sheet explains defines gleaning, acceptable charitable organizations, and additional resources for crop insurance holders as part of the USDA's support for gleaning of federally insured crops.

Type: Non-Legal Research & Resources Region: Western State: Citation: Gleaning: U.S. Dep't Agric. Risk Mgmt. Agency, Alaska, Idaho, Oregon, Washington: 2009 Insurance Fact Sheet (July 2008).

Utah – Authorization for Food Donation to Charitable Organization

This law authorizes any person who produces, processes, sells, or distributes any agricultural product to donate, free of charge, any such product to a nonprofit charitable organization in the state.

Type: State Laws & Regulations Region: Mountain State: Utah Citation: UTAH CODE ANN. § 4-34-103 (2017).

Utah – Liability for Food Donor, Charitable Organization, or County

This law protects a county, county agency, or donor of an agricultural product or wild game meat who donates to a food donation program, and a nonprofit charitable organization that receives, accepts, gleans, or distributes any agricultural product, from civil or criminal liability for any injury resulting from the condition of such food, except in cases of gross negligence, recklessness, or intentional conduct.

Type: State Laws & Regulations Region: Mountain State: Utah Citation: UTAH CODE ANN. § 4-34-106 (2017).

Utah – Liability Limits for Donation of Food

This law protects a person or entity who donates food to a nonprofit organization, and a nonprofit organization that distributes such food at no charge, from civil or criminal liability for an injury or death resulting from the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Mountain State: Utah Citation: UTAH CODE ANN. § 78B-4-502 (2008).

Utah – Public Availability of Surplus Food Collection and Distribution System

This law authorizes any county to establish a surplus food collection and distribution system that would connect nonprofit charitable organizations needing agricultural products with donors.

Type: State Laws & Regulations Region: Mountain State: Utah Citation: UTAH CODE ANN. § 4-34-103 (2017).

Vermont – Liability Limits for Landowner

This law protects an owner from liability for property damage or personal injury sustained by a person who enters the owner's land for a recreational use, including gleaning, as defined at 12 V.S.A. § 5792(4), except in cases of willful or wanton misconduct of the owner.

Type: State Laws & Regulations Region: Northeast State: Vermont Citation: VT. STAT. ANN. tit. 12 § 5793 (1997).

Vermont – Liability of Food Donor

This law protects a donor who donates any canned or perishable food or farm product to a charitable or nonprofit organization for free distribution from criminal or civil liability arising from the condition of the food, except in cases where the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated or harmful to the health or well-being of the person consuming said food.

Type: State Laws & Regulations Region: Northeast State: Vermont Citation: VT. STAT. ANN. tit. 12 § 5762 (1983).

Virginia – Liability of Food Donor and Farmer Allowing Food Collection

This law protects any farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food, including a grocery, convenience, or other store selling food or food products, or any individual donor, from civil liability resulting from the condition of the food, except in cases of gross negligence or intentional act. Likewise, the law protects any farmer who allows gleaning on their land at no cost from civil liability resulting from the nature or condition of the land or crop, except in cases of gross negligence or intentional act.

Type: State Laws & Regulations Region: Mid-Atlantic State: Virginia Citation: VA. CODE ANN. § 3.2-5144 (2022).

Volunteer Protection Act

This law protects nonprofit and government volunteers from liability provided, among other conditions, that the volunteer was acting within the scope of his or her established responsibilities and there was no intent to cause harm. This provision is not meant to conflict with any state laws limiting liability.

Type: Federal Laws & Regulations Region: National Citation: 42 U.S.C. § 14503 (1997).

Washington – Liability of Food Donor and Farmer Allowing Food Collection

This law protects a person or gleaner who donates food to a nonprofit organization, or directly to consumers, from civil or criminal liability, except in cases of gross negligence or intentional misconduct. Farmers and landowners who allow gleaning on their land are protected from civil or criminal liability, except in cases of gross negligence or intentional misconduct.

Type: State Laws & Regulations Region: Western State: Washington Citation: WASH. REV. CODE § 69.80.031 (1994).

Waste Not, Want Not: Feeding the Hungry and Reducing Solid Waste Through Food Recovery

This EPA-produced guide is intended for states, municipalities and businesses interested in reducing their solid waste through food donation or other methods, such as food recycling or composting. The guide also provides information on working with food recovery organizations, liability and safety concerns associated with food donation, and provides lists of Good Samaritan laws and food recovery organizations by state. Cite: Environmental Protection Agency, Waste Not, Want Not: Feeding the Hungry and Reducing Solid Waste Through Food Recovery, EPA-A530-R-99-040.

Type: Non-Legal Research & Resources Region: National Citation: U.S. Environmental Protection Agency, "Waste Not, Want Not: Feeding the Hungry and Reducing Solid Waste Through Food Recovery," EPA-A530-R-99-040, 1999.

Wasted Food: From Farm to Fork to Landfill

This paper discusses food loss in the U.S. food chain from farm to household disposal, and offers solutions for businesses, government, consumers, and the supply chain to reduce loss and increase food security in the U.S.

Type: Non-Legal Research & Resources Region: National Citation: Dana Gunders, "Wasted: How America Is Losing Up to 40 Percent of Its Food from Farm to Fork to Landfill," NRDC Issue Paper, National Resources Defense Council, IP: 12-06-B, August 2021.

West Virginia – Free Donations by Food Producers or Sellers

This law authorizes any person who processes, distributes, or sells any agricultural product to donate, free of charge, any such product to a food bank in the state. The law also encourages the director of each department of state government to divert, whenever possible, surplus agricultural products to a relevant nonprofit organization.

Type: State Laws & Regulations Region: Mid-Atlantic State: West Virginia Citation: W. VA. CODE § 19-30-6 (2001).

West Virginia – Liability of Farmer Allowing Food Collection

This law protects any landowner or occupier who allows gleaners or representatives of a nonprofit organization on their property for the purpose of collecting or gleaning of donations from civil or criminal liability for any injury or death of the gleaner or representative while collecting or gleaning, except in cases of gross negligence or intentional misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: West Virginia Citation: W. VA. CODE § 55-7D-4 (1998).

West Virginia – Liability of Food Donor and Organizations Receiving Food Donations – 1

This law protects a person or gleaner who donates food to a nonprofit organization, and a nonprofit organization that receives and distributes such food without profit or gain, from civil or criminal liability arising from the condition of the food, except in cases of gross negligence or intentional misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: West Virginia Citation: W. VA. CODE § 55-7D-3 (1998).

West Virginia – Liability of Food Donor and Organizations Receiving Food Donations – 2

This law protects any person who donates prepared or perishable food to a charitable or nonprofit organization, and any charitable or nonprofit organization that receives and distributes such food without charge, from civil or criminal liability for any injury or death due to the condition of the food, except in cases of gross negligence, recklessness, or intentional misconduct.

Type: State Laws & Regulations Region: Mid-Atlantic State: West Virginia Citation: W. VA. CODE § 19-30-4 (2001).

West Virginia – Surplus Food Collection and Distribution Centers

This law authorizes the West Virginia Department of Agriculture to continue to operate an information and food collection center that would receive and transmit information concerning available agricultural products and organizations accepting donations, as well as collect, receive, handle, store, and distribute donated agricultural products.

Type: State Laws & Regulations Region: Mid-Atlantic State: West Virginia Citation: W. VA. CODE § 19-30-7 (2001).

Wisconsin – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any person engaged in the processing, distribution, or sale of food products who donates or sells at a minimal fee qualified food to a charitable organization, food distribution service, or governmental unit from civil liability for death or injury caused by the donated food.

Type: State Laws & Regulations Region: Midwest State: Wisconsin Citation: WIS. STAT. § 895.51 (2010).

Wisconsin – Liability of Landowner Allowing Recreational Activity

Property owners have no duty to keep the property safe for recreational activities or warn of unsafe conditions. Recreational activities include harvesting the products of nature and participating in agritourism activities. However, property owners are liable if the injury was caused by the owner's malicious failure to warn of a known unsafe condition or other malicious conduct.

Type: State Laws & Regulations Region: Midwest State: Wisconsin Citation: WIS. STAT. §895.52.(1983)

Wyoming – Liability of Food Donor and Organizations Receiving Food Donations

This law protects any person who donates food to a nonprofit organization, and any nonprofit organization that serves or provides such food free of charge, from civil liability for any injury resulting from the condition of the food, except in cases of willful, wanton, or reckless acts of the donor or organization.

Type: State Laws & Regulations Region: Mountain State: Wyoming Citation: WY Stat § 35-7-1301 (1992).