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Food manufacturers, retailers, restaurants, farmers, and schools now have reason to let go of a fear many of them have long harbored: a fear of litigation if they donate their surplus food. The Food Donation Improvement Act (FDIA), signed into law December 2022, amends the Bill Emerson Good Samaritan Food Donation Act, which was intended to encourage food donation, but had some glitches. A big one was ambiguous language explaining the rules around donation.
The FDIA clarifies and expands liability protections outlined in Emerson; perhaps the most monumental reform is that it lays a more direct path for qualified entities to give away good food they would otherwise throw out. Now they can donate directly to people in need in their communities when prior they had to arrange to get it to nonprofits that distribute it.
FDIA had full bipartisan support, passing unanimously and as a standalone bill, a little over a year after its introduction.
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