4 ms·

What happens if someone gets really sick off our leftovers? A caterer of an old employer told me they didn't donate food to shelters because of the legal liabil

by derwiki 13y ago

What happens if someone gets really sick off our leftovers? A caterer of an old employer told me they didn't donate food to shelters because of the legal liability.

jaredtking 13y ago
This page on their website answers that: http://www.foodrunners.org/donor-liability/ http://www.foodrunners.org/donor-liability/ "Some food businesses hesitate to donate food out of fear that, should the recipient become ill from the food, the donor could be held responsible. In 1988, the California legislature passed the “Russell Bill” which releases the donor from liability."
- zacharycohn 13y ago
  Coooool... but there's still the moral question of "what happens when you donate food that makes someone sick?"
  - fredsted 13y ago
    You stay in bed for a couple days and be happy to receive donated food?
    - zacharycohn 13y ago
      Pretty sure the people who are receiving free/donated food aren't the sort of people who can afford "stay in bed" for a few days, if they have a bed.
      - fredsted 13y ago
        Well what else should they do? Not eat?
  - RyanMcGreal 13y ago
    The bigger and vastly more common moral question is: what happens when you throw food out instead of donating it and someone goes hungry?
ss937 13y ago
I've had a student startup working doing this exact same thing for the past 2 years in the PHX area - they get this question all the time. Legally they're covered by good samaritan laws, but they do take several steps to ensure food safety (temp measurements and controls in the app, avoiding certain types of foods, etc...)
- hosh 13y ago
  Are they still active? What's the startup's name?
- xorgar831 13y ago
  Well that's good, the law is there, but ultimately you still don't want to make someone sick. ;)
md224 13y ago
What about the Bill Emerson Good Samaritan Food Donation Act? http://www.law.cornell.edu/uscode/text/42/1791 http://www.law.cornell.edu/uscode/text/42/1791 > "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." This was passed by Bill Clinton to encourage food donation by protecting people from liabilities short of gross negligence. From Wikipedia: http://en.wikipedia.org/wiki/Bill_Emerson_Good_Samaritan_Act_of_1996 http://en.wikipedia.org/wiki/Bill_Emerson_Good_Samaritan_Act...
- egillie 13y ago
  Interesting! This doesn't seem to be common knowledge. I had a WA state legislator tell me back in 2005 that this was illegal when I tried to start something similar.

by derwiki 13y ago

What happens if someone gets really sick off our leftovers? A caterer of an old employer told me they didn't donate food to shelters because of the legal liability.

jaredtking 13y ago

This page on their website answers that: http://www.foodrunners.org/donor-liability/ http://www.foodrunners.org/donor-liability/ "Some food businesses hesitate to donate food out of fear that, should the recipient become ill from the food, the donor could be held responsible. In 1988, the California legislature passed the “Russell Bill” which releases the donor from liability."

zacharycohn 13y ago
Coooool... but there's still the moral question of "what happens when you donate food that makes someone sick?"
- fredsted 13y ago
  You stay in bed for a couple days and be happy to receive donated food?
  - zacharycohn 13y ago
    Pretty sure the people who are receiving free/donated food aren't the sort of people who can afford "stay in bed" for a few days, if they have a bed.
    - fredsted 13y ago
      Well what else should they do? Not eat?
- RyanMcGreal 13y ago
  The bigger and vastly more common moral question is: what happens when you throw food out instead of donating it and someone goes hungry?

ss937 13y ago

I've had a student startup working doing this exact same thing for the past 2 years in the PHX area - they get this question all the time. Legally they're covered by good samaritan laws, but they do take several steps to ensure food safety (temp measurements and controls in the app, avoiding certain types of foods, etc...)

hosh 13y ago
Are they still active? What's the startup's name?
xorgar831 13y ago
Well that's good, the law is there, but ultimately you still don't want to make someone sick. ;)

md224 13y ago

What about the Bill Emerson Good Samaritan Food Donation Act? http://www.law.cornell.edu/uscode/text/42/1791 http://www.law.cornell.edu/uscode/text/42/1791 > "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." This was passed by Bill Clinton to encourage food donation by protecting people from liabilities short of gross negligence. From Wikipedia: http://en.wikipedia.org/wiki/Bill_Emerson_Good_Samaritan_Act_of_1996 http://en.wikipedia.org/wiki/Bill_Emerson_Good_Samaritan_Act...

egillie 13y ago
Interesting! This doesn't seem to be common knowledge. I had a WA state legislator tell me back in 2005 that this was illegal when I tried to start something similar.