Food Safety Guidelines
Ensuring safe and nutritious food rescue
Bill Emerson Good Samaritan Food Donation Act
You are protected from liability when donating food in good faith.
The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791) protects both individuals and organizations from civil and criminal liability when donating food to nonprofit organizations for distribution to those in need.
✓ Who is Protected
- Food donors (businesses and individuals)
- Nonprofit organizations
- Food rescue platforms like loavesand.fish
✓ What is Protected
- Donations made in good faith
- Food that meets quality and labeling standards
- Appropriate food for its intended use
What Can Be Donated
Safe to Donate
- Prepared Foods: Within 2 hours of preparation (hot or cold)
- Packaged Foods: Unopened, undamaged packaging
- Fresh Produce: Visually sound, no mold or decay
- Bakery Items: Fresh, properly stored
- Canned Goods: Undented, unexpired
- Frozen Foods: Still frozen, no thaw/refreeze
- Dairy Products: Properly refrigerated, before expiration
Do NOT Donate
- Foods in the "danger zone" (40°F-140°F) for over 2 hours
- Foods with mold or visible spoilage
- Opened/repackaged foods (unless from commercial kitchen)
- Foods past expiration date (except for bakery items same-day)
- Foods with damaged or bulging cans
- Home-canned goods (unless licensed)
- Foods previously served to customers
Temperature Safety
Proper temperature control is critical for food safety:
Keep hot foods hot (above 140°F) until pickup
2 Hour Rule: Foods cannot be in this zone for more than 2 hours
Keep cold foods refrigerated (below 40°F) until pickup
Time Limits for Common Foods
| Food Type | Room Temperature Limit | Best Practice |
|---|---|---|
| Cooked meat, poultry, fish | 2 hours maximum | Keep hot or refrigerate immediately |
| Dairy products | 2 hours maximum | Keep refrigerated at all times |
| Cut fruits and vegetables | 2 hours maximum | Refrigerate or keep on ice |
| Baked goods (no cream) | 4 hours | Cover to prevent contamination |
| Dry/packaged foods | No limit if sealed | Keep in original packaging |
Safe Handling Practices
For Donors
- Maintain proper food temperatures
- Use clean, food-grade containers
- Label with contents and preparation time
- Store in clean, pest-free areas
- Provide pickup instructions
- Never donate if unsure about safety
For Drivers
- Transport in clean vehicles
- Use insulated containers when needed
- Minimize transport time
- Prevent cross-contamination
- Deliver directly to recipient
- Report any concerns immediately
For Recipients
- Inspect food upon receipt
- Refrigerate or serve immediately
- Discard if unsure about safety
- Never serve food past safe time limits
- Maintain clean serving areas
- Follow all local health codes
Allergen Information
Common food allergens must be clearly communicated:
Important: When posting food, always indicate if it contains common allergens. Recipients are responsible for verifying food safety for their specific dietary needs.
Report a Concern
If you have any concerns about food safety:
Platform Issues
Use our feedback system to report concerns
Food Safety Emergency
Contact your local health department immediately
USDA Hotline
1-888-MPHotline
(1-888-674-6854)
Disclaimer: These guidelines are provided for educational purposes. Users are responsible for complying with all applicable federal, state, and local food safety regulations. When in doubt about food safety, do not donate or accept the food. loavesand.fish is a platform connecting donors and recipients; all food donations are made at the discretion and risk of the parties involved, subject to the protections of the Good Samaritan Food Donation Act.