Possible Legislation Change in Indiana

Hello Everyone,

I received this email from the legislative assistant and staff director of Brian Bosma, a state legislator in Indiana.  While the Good Samaritan Laws are favorable related to food donations at the federal level, states like Florida have added stricter language to protect people trying to help at the state level, and my hope was that we could follow suit here in Indiana.  Here was the response.  I am hoping this can open a dialouge on the legal issues related to accidents that occur when a volunteer is serving on behalf of a not for profit organizaiton.

Mr. Williamson, Thank you for contacting Rep. Bosma. He requested that I follow up with you regarding your concerns. I apologize for the amount of time it has taken to respond to you. Rep. Bosma requested that our legal counsel research the issue of food donation and the current federal law. Her determination was while the Federal law on food donation, the Bill Emerson Food Donation Act, is probably written strong enough in your favor to provide protection to encourage these donations, it appears some states and organizations are still not comfortable with the wording. The federal law states that a person is not subject to civil or criminal liability arising from the condition of an apparently wholesome food or apparently fit grocery product. Also, Indiana law provides for immunity from civil liability. However, Rep. Bosma looked at the Florida law and is going to see if he can find a way to amend that language into Indiana Code. We will keep you posted to let you know if he makes progress on this issue this session. If he is unable to get this language passed this year, he will make it a priority for the next session.