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Keywords

charities, charitable organizations, funding, food charities, charitable food system, Bill Emerson Good Samaritan Food Donation Act, Bill Emerson Act, charitable immunity, Volunteer Protection Act, VPA

Document Type

Article

Abstract

Charitable organizations often depend on public support to fulfill their missions. This is especially true in the charitable food system, a network of nonprofit organizations, including food banks, pantries, and meal programs, which provide no-cost food to those in need. Within this system, volunteers, donors, and food charities each play an important role, such as donating surplus food, directing traffic at food drives, stocking local pantries, and preparing and serving meals at soup kitchens. Together, they provide both hope and nutrition to those in need. Without this public support, many food charities would be unable to operate. Encouraging public participation is therefore essential to a strong and effective charitable food system. However, doing so requires reliable liability protections for volunteers, donors, and food charities—protections that current laws fail to provide due to the absence of a clear, comprehensive standard.

This Article demonstrates that policy reform is needed to close existing gaps and ensure adequate liability protections for three groups: (1) charitable food organizations, through state charitable immunity laws; (2) food-service volunteers, through the federal Volunteer Protection Act (“VPA”); and (3) food donors, through the federal Bill Emerson Good Samaritan Food Donation Act (“Bill Emerson Act”). It first addresses food waste and food insecurity to explain why reform is needed to tackle these interconnected issues. It then discusses the charitable food system and its essential role in serving individuals in need. Next, it addresses volunteers and food donors, highlighting how their liability concerns hinder the system’s effectiveness. It then examines existing state and federal liability protections, demonstrating that, despite these laws, liability remains a significant concern. Finally, it proposes policy reforms to close legal gaps and strengthen protections for volunteers, donors, and charitable organizations.

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