The federal government has expanded liability protections with the new Food Donation Improvement Act, which was passed by both houses in 2022 and signed into law by President Biden in January of this year.
The legislation, which broadens protections outlined in the 1996 Bill Emerson Good Samaritan Food Donation Act, now covers donations of an "apparently fit grocery product or apparently wholesome food, for which the recipient is charged a good Samaritan reduced price that is no greater than the cost of handling, administering and distributing the food or product; or that is donated directly to a needy individual by a retail grocer, wholesaler, agricultural producer, restaurant, caterer, school food authority or institution of higher education."
Under the previous act, donations only were covered if they were given away for free. The new law also allows donations to individuals without oversight by a nonprofit organization, which was a stipulation in the original legislation.
The Department of Agriculture must now issue regulations to clarify the quality and labeling standards for all food products donated, in order to be eligible for the liability protection.
What remains to be seen is how hotels, conventions centers, caterers and other food handlers in the meetings industry will expand their own operations as a result of the new law. Currently, many hospitality companies have corporate social responsibility programs in place, often with sustainability as a focus, under which individual hotels typically partner with local organizations to donate leftover food.
The new law should make it easier for event leftovers to be distributed, giving meetings organizers more solid footing when working to put such programs in place. "The FDIA gives the industry a huge opportunity to support the communities in which we meet," said Tracy Stuckrath, president and chief connecting officer for Thrive! Meetings and Events, which helps organizations understand how food and beverage affects risk, employee well-being, company culture and the bottom line. "It's a double win for any group to be able to feed people and reduce the event's environmental impact by keeping food out of the landfill."
