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the-pi-guy said:

 

1.)  The whole point of the Bill Emerson Good Samaritan Food Act is that it overrides state laws, so that all companies don't have to worry about individual states.  Unless you can cite an example of a local law that overrides the Bill Emerson Food Act, the liability concerns are only a belief and there are no actual laws that stop it from happening. 

  

Not American but I had this similar discussion with a lawyer friend who is and he stated the Bill Emerson Good Samaritan Food Act doesn't override state law, it actually explicitly states you need to be compliant with state laws as well. It also has exceptions for gross negligence which he says knowingly providing goods passed their expiry date would be a very strong argument to take to court to invalidate the protection of Good Samaritan Food Act as that could easily be argued as gross negligence.

Here in Australia many of the large retailers already donate excess food to local charities.