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How to donate surplus food safely

Federal Bill Emerson Act + state Good Samaritan laws protect donors from civil liability when donations follow simple sanitary steps. Here's the checklist.

Reviewed by Priya Nair · MS Food Safety
Last reviewed 2026-02-25 · corrections log

What food banks will accept

Sealed, in-date shelf-stable items; frozen items kept ≤0 °F; refrigerated items kept ≤40 °F with a documented temperature log.

What they can't accept

Homemade preserves, opened packaging, unpasteurised dairy, or foods past their manufacturer discard-by.

Sources
  • Bill Emerson Good Samaritan Food Donation Act
  • Feeding America donation guidelines