Re:Uber is destroying thousands of electric bikes and scoote...
by jedberg on Thursday May 28, 2020 @04:45PM
(#23342330)
Right exactly. They are not liable, but the donator isn't either. They've essentially erased the risk for the restaurant.
Re:Uber is destroying thousands of electric bikes and scoote...
by danans on Thursday May 28, 2020 @04:56PM
(#23342486)
> That's not why restaurants throw away food. They do it because of liability laws.
Regarding the food distribution nonprofits:
> They assume the liability
> Right exactly. They are not liable
I'm not sure how to reconcile those comments of yours, but regardless, I think we agree that donations of food to non-profits for distribution to the needy incurs no liability for any of the parties involved, and haven't since 1996. It is a persistent myth that liability is a major disincentive to food donation, motivated by who-knows-what.
The USDA has even clearer guidance on this subject here:
https://www.usda.gov/sites/default/files/documents/usda-good...
And there are no lack of organizations to facilitate these donations with no liability:
"(2) LIABILITY OF NONPROFIT ORGANIZATION.—A nonprofit organization shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to needy individuals."
The protections for nonprofits doing this sort of work are pretty extensive, in part because many such organizations in the US are religiously affiliated nonprofits.