No Restaurant, Person or Entity has ever been sued in the United States for donating food.
The above statement is a fact. The answer will always be the same. It hasn’t happened, there have been ZERO lawsuits over food donations in the United States and frankly aside from someone actively trying to make people sick, it isn’t going to happen.
There are no known cases where a benefactor of donated food has even attempted to sue a restaurant or a non-profit for “spoiled” food. The reason for these facts is partially due to the “Bill Emerson Good Samaritan Food Donation Act” of 1996, and its further enhancements to the acts already broad protections that were added in 2023 (Food Donation Improvement Act).
In Ohio, food donors have even more protections via Ohio’s revised code 2305.37. The code is even titled “Person donating perishable food for distribution to needy individuals not liable for harm.” The title makes it crystal clear what the act intends to do for Ohio food donors, protect them, so they are encouraged to donate their food. The Federal Government, and the State of Ohio WANT commercial food prep entities to donate their leftover, still wholesome food. These laws are specifically designed to encourage food donations. In this instance, the donor has the weight of the Federal Government, and the State of Ohio on their side in the theoretical scenario (theoretical, as again, a lawsuit has never happened) that someone attempts to bring a lawsuit.
All three of the acts I have cited above, and will link to below, have the sole purpose of protecting donors so they are encouraged to donate their leftover food.
What is the Bill Emerson Good Samaritan Food Donation Act?
In 1996 the “Bill Emerson Good Samaritan Food Donation Act” was passed. The simple summary of the act is as follows: it protects all actions of the donor from liability, short of intentional tainting or gross negligence. The act specifically protects all food types, from raw vegetables to cooked meals.
Here is a brief summary of the Emerson Act, and a link to the full act below the summary:
Liability Protection: Protects donors from liability for “apparently wholesome food” or “apparently fit grocery products”.
Definition of “Good Faith”: Donations are protected as long as they are not deemed “gross negligence” or “intentional misconduct,” defined as voluntary and conscious actions known to be likely harmful.
Covers Surplus & Near-Date Items: The law allows for the donation of food that may not be marketable due to appearance, freshness, grade, or surplus, but is still safe to eat.
Standardization: It provides a uniform national standard, reducing the need for donors to navigate varying state-level liability laws.
Link to full Act:
https://www.congress.gov/104/crpt/hrpt661/CRPT-104hrpt661.pdf
2023 Updates (Food Donation Improvement Act):
In January 2023, the Emerson Act was updated to further expand protections:
Direct-to-Consumer Donations: Protects qualified direct donors (restaurants, grocers, schools) who donate directly to individuals in need, rather than strictly through a nonprofit.
Reduced Price Sales: Extends liability protection to donations offered at a “Good Samaritan reduced price,” which covers the handling and distribution costs.
The act explicitly names the following as qualified direct donors:
Retail Grocers (e.g., grocery stores and retail food stores).
Wholesalers
Agricultural Producers (e.g., farmers)
Agricultural Processors and Distributors
Restaurants (includes Food Trucks)
Caterers
School Food Authorities
Institutions of Higher Education
Link to Food Donations Improvement Act:
https://chlpi.org/news-and-events/news-and-commentary/food-law-and-policy/food-donation-improvement-act-signed-into-law/
Ohio Revised Code § 2305.37 Summary
While the federal Emerson Act provides a national baseline, Ohio Revised Code § 2305.37 offers more specific and robust protections for donors within the state.
The key ways Ohio Revised Code § 2305.37 enhances the Emerson Act protections include:
Explicit “Past-Date” Protection: Ohio law clearly states that a “presumption favoring liability” does not arise simply because food is donated on or after its “sale date”. This provides donors more confidence than the federal act, which is less specific about date labeling.
Protection for Damaged Packaging: It clarifies that liability is not presumed just because a food product’s packaging is damaged, provided the food itself remains fit for use at the time of donation.
Immunity for Distribution Agencies: Beyond just protecting the donor, Ohio law explicitly grants immunity to the charitable agencies that distribute the food, provided they determine it is fit for human consumption at the time of distribution.
Qualified Immunity for “Consumer Goods”: Unlike the Emerson Act, which focuses primarily on food, Ohio’s law extends similar liability protections to the donation of non-food consumer goods (like household property) to charitable agencies.
Enhanced Gleaning Protections: Ohio law (in conjunction with ORC § 2305.35) specifically protects landowners from liability for injuries sustained by “gleaners” (volunteers harvesting surplus crops) on their property.
Nominal Fee Allowance: It allows donors to remain protected even if the receiving agency charges the end recipient a “nominal fee” sufficient to cover the actual costs of handling and distributing the food.
Link to Ohio Revised Code § 2305.37
https://codes.ohio.gov/ohio-revised-code/section-2305.37