HARRISBURG – Immunity from civil and criminal liability for donating food past its labeled, manufacturer-issued date would be expanded under a bill passed by the PA House. Date labels on food are established by the manufacturer to indicate the best use-by date for freshness, but many potential food donors misinterpret the labels as “expiration dates” or indicators of food safety. In PA, food donations to nonprofit food recovery organizations are protected from limited civil and criminal liability through the Donated Food Limited Liability Act and a provision in Title 42. However, the donation of food past its recommended label code is not explicitly protected from liability. The clarification in House Bill 2286 would correct the misconception that donating “past-date” food will place the donor outside of liability protection. The bill now moves to the state Senate.
