[House Report 104-661]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-661
_______________________________________________________________________
BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT
_______________________________________________________________________
July 9, 1996.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodling, from the Committee on Economic and Educational
Opportunities, submitted the following
R E P O R T
[To accompany H.R. 2428]
[Including cost estimate of the Congressional Budget Office]
The Committee on Economic and Educational Opportunities, to
whom was referred the bill (H.R. 2428) to encourage the
donation of food and grocery products to nonprofit
organizations for distribution to needy individuals by giving
the Model Good Samaritan Food Donation Act the full force and
effect of law, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. CONVERSION TO PERMANENT LAW OF MODEL GOOD SAMARITAN FOOD
DONATION ACT AND TRANSFER OF THAT ACT TO CHILD
NUTRITION ACT OF 1966.
(a) Conversion to Permanent Law.--Title IV of the National and
Community Service Act of 1990 is amended--
(1) by striking sections 401 and 403 (42 U.S.C. 12671 and
12673); and
(2) in section 402 (42 U.S.C. 12672)--
(A) in the section heading, by striking ``MODEL'' and
inserting ``BILL EMERSON'';
(B) in subsection (a), by striking ``Good Samaritan''
and inserting ``Bill Emerson Good Samaritan''; and
(C) in subsection (c)--
(i) by striking ``A person or gleaner'' and
inserting the following:
``(1) Liability of person or gleaner.--A person or gleaner'';
(ii) by striking ``needy individuals,'' and
inserting ``needy individuals.'';
(iii) by inserting after ``needy
individuals.'' (as added by clause (ii)) the
following:
``(2) Liability of nonprofit organization.--A nonprofit
organization shall not be subject to civil or criminal
liability arising from the nature, age, packaging, or condition
of apparently wholesome food or an apparently fit grocery
product that the nonprofit organization received as a donation
in good faith from a person or gleaner for ultimate
distribution to needy individuals.''; and
(iv) by striking ``except that this
paragraph'' and inserting the following:
``(3) Exception.--Paragraphs (1) and (2)''.
(b) Transfer to Child Nutrition Act of 1966.--Section 402 of the
National and Community Service Act of 1990 (42 U.S.C. 12672) (as
amended by subsection (a))--
(1) is transferred from the National and Community Service
Act of 1990 to the Child Nutrition Act of 1966;
(2) is redesignated as section 22 of the Child Nutrition Act
of 1966; and
(3) is added at the end of such Act.
Purpose
The purpose of this bill is to encourage the donation of
food and grocery products to nonprofit organizations for
distribution to needy individuals by giving the Model Good
Samaritan Food Donation Act the full force and effect of law.
Explanation of Amendment
The provisions of the amendment in the nature of a
substitute are explained in this report.
Committee Action
On Friday, May 31, 1996, the Subcommittee on Postsecondary
Education, Training and Life-Long Learning held a hearing on
H.R. 2428, the Bill Emerson Good Samaritan Food Donation Act.
Witnesses at the hearing included: Representative Bill Emerson
(R-MO); Representative Pat Danner (D-MO); Christine
Vladimiroff, President, Second Harvest National Food Bank
Network; Henry Cohen, Legislative Attorney, Congressional
Research Service; Christina Martin, Executive Director,
Foodchain (The Network of prepared and Perishable Food Rescue
Programs).
Committee Views
A. Background and Need for Legislation
Section 401 of the National and Community Service Act of
1990 expresses the sense of Congress that each of the 50 states
consider enactment of the Model Good Samaritan Food Donation
Act. The central provision of the Model Good Samaritan Food
Donation Act provides that a person or gleaner (a person who
harvests for free distribution to the needy) shall not be
subject to civil or criminal liability arising from the nature,
age, packaging, or condition of apparently wholesome food or an
apparently fit grocery product that the person or gleaner
distributes in good faith to a non-profit organization for
ultimate distribution to needy individuals. This immunity does
not apply to an injury to or death of an ultimate user or
recipient of the food or grocery product that results from an
act or omission of the donor constituting gross negligence or
intentional misconduct.
All fifty states generally hold one who distributes food or
any other defective product, the defective aspect of which
causes injury, to be strictly liable, which means liable even
in the absence of negligence. All fifty states, however, have
exceptions to this general rule, including statutes that limit
the liability of food donors. These statutes were all
originally enacted even before the 1990 federal Model Good
Samaritan Food Donation Act. In introducing the Model Good
Samaritan Food Donation Act, Senator Don Nickles noted that the
state ``statutes vary significantly in the degree of coverage
which they provide,'' and that many ``potential food and
grocery store donors are national in scope'' (Congressional
Record, March 1, 1990).
According to a ``Summary of Good Samaritan Food Donation
Statutes,'' (prepared by the law firm of Winthrop, Stimson,
Putnam and Roberts in 1992 for ``Share our Strength,'' a non-
profit hunger relief organization), all fifty states and the
District of Columbia have enacted various forms of Good
Samaritan Food Donation Statutes. Thirty-three states and the
District of Columbia protect the donor from civil and criminal
liability, while seventeen states only protect the donor from
civil liability. These laws do, however, vary with respect to
the types of food covered and the definition of donor and good
faith.
Some state statutes, such as the California Food and
Agricultural Code, provide for liability only for gross
negligence or intentional acts. Others, such as the
Pennsylvania Statutes Annotated, retain liability for
negligence and eliminate it only for lawsuits based solely on
strict liability. New York Agriculture and Market law
represents a third variation. It immunizes a donor from
liability if the donor ``reasonably inspects the food at the
time of donation'' and has no ``actual or constructive
knowledge'' that the food is tainted. A donor in New York
conceivably could comply with these conditions yet still be
negligent in some other manner and avoid liability.
As a result of these varied laws, many potential donors
hesitate to donate food. In her testimony before the Committee,
Christina Vladimiroff, President and CEO of the Second Harvest
National Food Bank Network, said, ``Our experience is clear.
There are companies that want to donate food and grocery
products, but are fearful of contributing because of the
varying state laws regarding their liability for what would
otherwise be a generous act of donation.''
In his testimony, Representative Bill Emerson stated,
``Private companies are too often faced with different state
laws governing food donation. These differences can stand
between a willing donor and a needy family. I urge this
Subcommittee to lift this barrier so that this assistance can
continue and perhaps grow, thereby helping needy families.''
Representative Pat Danner continued this sentiment by
stating, ``Currently there are individual good Samaritan laws
in each state and the District of Columbia. This system of
state laws, however, has required regional or national
companies to devote sometimes scarce resources toward adopting
donation plans and complying with various states' statutes.
Unfortunately, some businesses have cited this patchwork of
laws as a reason for abandoning this valuable service that
contributes to our people's needs.''
Another witness before the Committee, the Executive
Director of Foodchain, Christine Martin, said, ``several
national food companies were sympathetic to the idea of food
rescue, but expressed deep concerns about liability. In effect,
they sought one law that would cover all of their
establishments coast to coast.''
It is the view of the Committee that providing the Bill
Emerson Good Samaritan Food Donation Act the full force of
federal law will provide the necessary consistency across the
States to encourage the donation of food to help the needy.
B. Paying Tribute to Bill Emerson
The Committee believes that this bill will bring people
together to promote the greater good for their communities.
This is exactly what the career of our late, beloved colleague
Bill Emerson was all about. That is why we have renamed this
legislation the ``Bill Emerson Food Donation Act,'' as a
tribute to this fine man and his commitment to the improving
our nation's nutrition programs. Bill Emerson was a true
patriot, and great Member of Congress. He was a man of the
highest character who devoted himself to the cause of reducing
hunger and to making this country, and this House, a better
place. He worked very hard to have this bill actively
considered during the 104th Congress and it is a fitting
tribute that this Act be named in his honor.
C. Inclusion as Part of the Child Nutrition Act
The Committee believes the enactment of this law will
compliment existing federal nutrition programs in providing for
the nutritional needs of low income individuals and their
families. As such, we have removed the Bill Emerson Good
Samaritan Food Donation Act from the National and Community
Service Act and included it as a section of the Child Nutrition
Act of 1966. The intent of this Act is more closely aligned
with the intent of the Child Nutrition Act; i.e., addressing
the nutritional needs of low income individuals.
D. Covering the Distributors of Donated Food
During his testimony before the Committee, Henry Cohen,
Legislative Attorney, American Law Division, Congressional
Research Service, stated, ``The thing that H.R. 2428 would not
do (because the model act does not address the matter) is to
limit the liability of nonprofit organizations that distribute
donated food. A majority, but not all, of the states limit the
liability of such organizations.'' The Committee believes that
this is an issue which should be addressed and, therefore, has
modified the Bill Emerson Good Samaritan Food Donation Act to
limit the liability of nonprofit organizations that distribute
donated food.
E. Setting a Liability Floor for Gross Negligence
The bill sets a liability floor of gross negligence for
persons who donate food. Gross negligence is defined as
``voluntary and conscious conduct by a person with knowledge
(at the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.'' Often
food donations are made by grocery stores, food wholesalers,
caterers, and the like, when the food has fallen below the
donator's quality or appearance standards but the food is still
wholesome. It may also happen that processed food is donated at
or near the ``freshness date'' or ``code date'' on the box or
container. However, because donated food is reconditioned and
often used quickly after donation, many factors must be
considered when determining what is and is not gross
negligence.
The Committee recognizes that the provision of food that is
close to the date of recommended retail sale in and of itself
is not grounds for finding gross negligence. Instead, the gross
negligence of a donator should depend upon many factors. A
finding of gross negligence depends upon the type of food
involved. For example, a box of cereal that is provided to a
food pantry just before or even just after the date of retail
sale would be perfectly safe for consumption, whereas a carton
of milk or container of fresh poultry that is donated just
beyond the retail sales date could be dangerous to a person's
health. Similarly, fresh product ages differently than canned
product.
The end user of the donated food must also be taken into
account. Bruised fruit that is carefully prepared and used the
day of donation at a soup kitchen is very different from
produce put into take-home bags at the food pantry and consumed
later by patrons. The Committee believes all of these factors
must be considered when deciding whether or not a food donator
is liable for gross negligence under the bill.
Summary
The Bill Emerson Good Samaritan Food Donation Act requires
States to adopt legislation to protect those who donate food in
good faith from civil or criminal liability should such donated
food later cause harm to recipients. It does not provide such
protections in instances of gross negligence or intentional
harm.
Section by Section
Sec. 1. Converts the current model Good Samaritan Food
Donation Act to permanent law and transfers the Act to the
Child Nutrition Act of 1966. Renames the Model Good Samaritan
Food Donation Act the ``Bill Emerson Good Samaritan Food
Donation Act.'' It amends the current model Act to provide
protection to nonprofit organizations which distribute donated
food.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives and clause 2(b)(1) of
rule X of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in the body of this report.
Inflationary Impact Statement
In compliance with clause 2(l)(4) of Rule XI of the Rules
of the House of Representatives, the Committee estimates that
the enactment into law of H.R. 2428 will have no significant
inflationary impact on prices and costs in the operation of the
national economy. It is the judgment of the Committee that the
inflationary impact of this legislation as a component of the
federal budget is negligible.
Government Reform and Oversight
With respect to the requirement of clause 2(l)(3)(D) of
Rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 2428.
Committee Estimate
Clause 7 of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 2428. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Application of Law to Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. This bill is designed to encourage the donation of food
and grocery products to nonprofit organizations for
distribution to needy individuals by giving the Model Good
Samaritan Food Donation Act the full force and effect of law.
This bill does not prohibit legislative branch employees from
receiving the benefits of this legislation.
Unfunded Mandate Statement
Section 423 of the Congressional Budget & Impoundment
Control Act requires a statement of whether the provisions of
the reported bill include unfunded mandates. The Committee
received a letter regarding unfunded mandates from the Director
of the Congressional Budget Office. See infra.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the House of Representatives and section 308(a) of
the Congressional Budget Act of 1974 and with respect to
requirements of clause 2(l)(3)(C) of rule XI of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 2428 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 3, 1996.
Hon. William F. Goodling,
Chairman, Committee on Economic and Educational Opportunities, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office (CBO)
has reviewed H.R. 2428, the Bill Emerson Good Samaritan Food
Donation Act. The bill was ordered reported by the Committee on
Economic and Educational Opportunities on June 26, 1996. It
would limit the degree of liability individuals, companies, and
nonprofit organizations could face for damages from donated
food and grocery products.
CBO estimates that enactment of H.R. 2428 would have no
significant effect on the federal budget. Because the bill
would not affect direct spending or receipts, pay-as-you-go
procedures would not apply.
H.R. 2428 contains one mandate on state and local
governments as defined in Public Law 104-4. The bill would
preempt civil and criminal liability laws of state and local
governments that deal with the donation of food and grocery
products to nonprofit organizations. As a result of the
preemption, states and localities could lose some income from
civil and criminal penalties. However, based on information
from the National Association of Attorneys General and Second
Harvest, a national network of food banks, CBO estimates that
any such loses would be negligible.
The bill contains no private-sector mandates as defined in
Public Law 104-4.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO federal cost analyst is
Dorothy Rosenbaum, the state and local cost analyst is John
Patterson, and the private-sector cost analyst is Jay Noell.
Sincerely,
Paul Van de Water
(For June E. O'Neill, Director).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
* * * * * * *
TITLE IV--FOOD DONATIONS
[SEC. 401. SENSE OF CONGRESS CONCERNING ENACTMENT OF GOOD SAMARITAN
FOOD DONATION ACT.
[(a) In General.--It is the sense of Congress that each of
the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, and the territories and possessions of the United
States should--
[(1) encourage the donation of apparently wholesome
food or grocery products to nonprofit organizations for
distribution to needy individuals; and
[(2) consider the model Good Samaritan Food Donation
Act (provided in section 402) as a means of encouraging
the donation of food and grocery products.
[(b) Distribution of Copies.--The Archivist of the United
States shall distribute a copy of this title to the chief
executive officer of each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, and the territories
and possessions of the United States.
[SEC. 402. MODEL GOOD SAMARITAN FOOD DONATION ACT.
[(a) Short Title.--This section may be cited as the ``Good
Samaritan Food Donation Act''.
[(b) Definitions.--As used in this section:
[(1) Apparently fit grocery product.--The term
``apparently fit grocery product'' means a grocery
product that meets all quality and labeling standards
imposed by Federal, State, and local laws and
regulations even though the product may not be readily
marketable due to appearance, age, freshness, grade,
size, surplus, or other conditions.
[(2) Apparently wholesome food.--The term
``apparently wholesome food'' means food that meets all
quality and labeling standards imposed by Federal,
State, and local laws and regulations even though the
food may not be readily marketable due to appearance,
age, freshness, grade, size, surplus, or other
conditions.
[(3) Donate.--The term ``donate'' means to give
without requiring anything of monetary value from the
recipient, except that the term shall include giving by
a nonprofit organization to another nonprofit
organization, notwithstanding that the donor
organization has charged a nominal fee to the donee
organization, if the ultimate recipient or user is not
required to give anything of monetary value.
[(4) Food.--The term ``food'' means any raw, cooked,
processed, or prepared edible substance, ice, beverage,
or ingredient used or intended for use in whole or in
part for human consumption.
[(5) Gleaner.--The term ``gleaner'' means a person
who harvests for free distribution to the needy, or for
donation to a nonprofit organization for ultimate
distribution to the needy, an agricultural crop that
has been donated by the owner.
[(6) Grocery product.--The term ``grocery product''
means a nonfood grocery product, including a disposable
paper or plastic product, household cleaning product,
laundry detergent, cleaning product, or miscellaneous
household item.
[(7) Gross negligence.--The term ``gross negligence''
means voluntary and conscious conduct by a person with
knowledge (at the time of the conduct) that the conduct
is likely to be harmful to the health or well-being of
another person.
[(8) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge
(at the time of the conduct) that the conduct is
harmful to the health or well-being of another person.
[(9) Nonprofit organization.--The term ``nonprofit
organization'' means an incorporated or unincorporated
entity that--
[(A) is operating for religious, charitable,
or educational purposes; and
[(B) does not provide net earnings to, or
operate in any other manner that inures to the
benefit of, any officer, employee, or
shareholder of the entity.
[(10) Person.--The term ``person'' means an
individual, corporation, partnership, organization,
association, or governmental entity, including a retail
grocer, wholesaler, hotel, motel, manufacturer,
restaurant, caterer, farmer, and nonprofit food
distributor or hospital. In the case of a corporation,
partnership, organization, association, or governmental
entity, the term includes an officer, director,
partner, deacon, trustee, council member, or other
elected or appointed individual responsible for the
governance of the entity.
[(c) Liability for Damages From Donated Food and Grocery
Products.--A person or gleaner shall not be subject to civil or
criminal liability arising from the nature, age, packaging, or
condition of apparently wholesome food or an apparently fit
grocery product that the person or gleaner donates in good
faith to a nonprofit organization for ultimate distribution to
needy individuals, except that this paragraph shall not apply
to an injury to or death of an ultimate user or recipient of
the food or grocery product that results from an act or
omission of the donor constituting gross negligence or
intentional misconduct.
[(d) Collection or Gleaning of Donations.--A person who
allows the collection or gleaning of donations on property
owned or occupied by the person by gleaners, or paid or unpaid
representatives of a nonprofit organization, for ultimate
distribution to needy individuals shall not be subject to civil
or criminal liability that arises due to the injury or death of
the gleaner or representative, except that this paragraph shall
not apply to an injury or death that results from an act or
omission of the person constituting gross negligence or
intentional misconduct.
[(e) Partial Compliance.--If some or all of the donated food
and grocery products do not meet all quality and labeling
standards imposed by Federal, State, and local laws and
regulations, the person or gleaner who donates the food and
grocery products shall not be subject to civil or criminal
liability in accordance with this section if the nonprofit
organization that receives the donated food or grocery
products--
[(1) is informed by the donor of the distressed or
defective condition of the donated food or grocery
products;
[(2) agrees to recondition the donated food or
grocery products to comply with all the quality and
labeling standards prior to distribution; and
[(3) is knowledgeable of the standards to properly
recondition the donated food or grocery product.
[(f) Construction.--This section shall not be construed to
create any liability.
[SEC. 403. EFFECT OF SECTION 402.
[The model Good Samaritan Food Donation Act (provided in
section 402) is intended only to serve as a model law for
enactment by the States, the District of Columbia, the
Commonwealth of Puerto Rico, and the territories and
possessions of the United States. The enactment of section 402
shall have no force or effect in law.]
* * * * * * *
----------
CHILD NUTRITION ACT OF 1966
* * * * * * *
SEC. 22. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.
(a) Short Title.--This section may be cited as the ``Bill
Emerson Good Samaritan Food Donation Act''.
(b) Definitions.--As used in this section:
(1) Apparently fit grocery product.--The term
``apparently fit grocery product'' means a grocery
product that meets all quality and labeling standards
imposed by Federal, State, and local laws and
regulations even though the product may not be readily
marketable due to appearance, age, freshness, grade,
size, surplus, or other conditions.
(2) Apparently wholesome food.--The term ``apparently
wholesome food'' means food that meets all quality and
labeling standards imposed by Federal, State, and local
laws and regulations even though the food may not be
readily marketable due to appearance, age, freshness,
grade, size, surplus, or other conditions.
(3) Donate.--The term ``donate'' means to give
without requiring anything of monetary value from the
recipient, except that the term shall include giving by
a nonprofit organization to another nonprofit
organization, notwithstanding that the donor
organization has charged a nominal fee to the donee
organization, if the ultimate recipient or user is not
required to give anything of monetary value.
(4) Food.--The term ``food'' means any raw, cooked,
processed, or prepared edible substance, ice, beverage,
or ingredient used or intended for use in whole or in
part for human consumption.
(5) Gleaner.--The term ``gleaner'' means a person who
harvests for free distribution to the needy, or for
donation to a nonprofit organization for ultimate
distribution to the needy, an agricultural crop that
has been donated by the owner.
(6) Grocery product.--The term ``grocery product''
means a nonfood grocery product, including a disposable
paper or plastic product, household cleaning product,
laundry detergent, cleaning product, or miscellaneous
household item.
(7) Gross negligence.--The term ``gross negligence''
means voluntary and conscious conduct by a person with
knowledge (at the time of the conduct) that the conduct
is likely to be harmful to the health or well-being of
another person.
(8) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge
(at the time of the conduct) that the conduct is
harmful to the health or well-being of another person.
(9) Nonprofit organization.--The term ``nonprofit
organization'' means an incorporated or unincorporated
entity that--
(A) is operating for religious, charitable,
or educational purposes; and
(B) does not provide net earnings to, or
operate in any other manner that inures to the
benefit of, any officer, employee, or
shareholder of the entity.
(10) Person.--The term ``person'' means an
individual, corporation, partnership, organization,
association, or governmental entity, including a retail
grocer, wholesaler, hotel, motel, manufacturer,
restaurant, caterer, farmer, and nonprofit food
distributor or hospital. In the case of a corporation,
partnership, organization, association, or governmental
entity, the term includes an officer, director,
partner, deacon, trustee, council member, or other
elected or appointed individual responsible for the
governance of the entity.
(c) Liability for Damages From Donated Food and Grocery
Products.--
(1) Liability of person or gleaner.--A person or
gleaner shall not be subject to civil or criminal
liability arising from the nature, age, packaging, or
condition of apparently wholesome food or an apparently
fit grocery product that the person or gleaner donates
in good faith to a nonprofit organization for ultimate
distribution to needy individuals.
(2) Liability of nonprofit organization.--A nonprofit
organization shall not be subject to civil or criminal
liability arising from the nature, age, packaging, or
condition of apparently wholesome food or an apparently
fit grocery product that the nonprofit organization
received as a donation in good faith from a person or
gleaner for ultimate distribution to needy individuals.
(3) Exception.--Paragraphs (1) and (2) shall not
apply to an injury to or death of an ultimate user or
recipient of the food or grocery product that results
from an act or omission of the donor constituting gross
negligence or intentional misconduct.
(d) Collection or Gleaning of Donations.--A person who allows
the collection or gleaning of donations on property owned or
occupied by the person by gleaners, or paid or unpaid
representatives of a nonprofit organization, for ultimate
distribution to needy individuals shall not be subject to civil
or criminal liability that arises due to the injury or death of
the gleaner or representative, except that this paragraph shall
not apply to an injury or death that results from an act or
omission of the person constituting gross negligence or
intentional misconduct.
(e) Partial Compliance.--If some or all of the donated food
and grocery products do not meet all quality and labeling
standards imposed by Federal, State, and local laws and
regulations, the person or gleaner who donates the food and
grocery products shall not be subject to civil or criminal
liability in accordance with this section if the nonprofit
organization that receives the donated food or grocery
products--
(1) is informed by the donor of the distressed or
defective condition of the donated food or grocery
products;
(2) agrees to recondition the donated food or grocery
products to comply with all the quality and labeling
standards prior to distribution; and
(3) is knowledgeable of the standards to properly
recondition the donated food or grocery product.
(f) Construction.--This section shall not be construed to
create any liability.