HB 1049: Donation Without Hesitation Act; enact

Georgia already has a law (O.C.G.A. § 51-1-31) protecting people who donate canned or perishable food to charities from being sued or prosecuted if the food later causes harm. This bill, called the Donation Without Hesitation Act, rewrites that law to cover any food, not just canned or perishable items, and drops the requirement that the food be donated in "good faith" as a condition for protection, replacing it with a broader shield. The bill widens who counts as a donor to include caterers, hotels, motels, schools, churches, and religious organizations, and extends the same legal protection to churches and religious groups that accept donated food. It clarifies that donors and charities are protected even if the food does not meet federal or state safety standards, as long as any injury was not caused by gross negligence, recklessness, or intentional misconduct, and as long as the donor tells the receiving organization about the food's condition. The changes would take effect July 1, 2026, applying to legal claims arising on or after that date.

• Removes the separate legal categories of 'canned food' and 'perishable food,' applying the liability protection to all food donations regardless of type.
• Expands the definition of 'donor' to explicitly include caterers, hotels, motels, schools, churches, and religious organizations, not just farmers or grocers.
• Extends the existing legal shield for accepting donated food to churches and religious organizations, in addition to charitable and nonprofit groups.
• Raises the bar for losing legal protection: donors and charities must have caused injury through gross negligence, recklessness, or intentional misconduct, not simple negligence.
• Clarifies that protection applies even if the donated food fails to meet federal or state safety standards, as long as the donor discloses the food's condition and acts in good faith.
• Sets the changes to take effect July 1, 2026, applying to legal claims that arise on or after that date.

Farmers, grocers, restaurants, caterers, hotels, motels, schools, churches, and religious organizations that donate food; gleaners who harvest surplus crops for charity; and charitable, nonprofit, and religious organizations that accept and distribute donated food to people in need.

Food donors and charities in Georgia would face a narrower risk of lawsuits or criminal charges over the condition of donated food, even if it does not meet formal safety standards, as long as they are not grossly negligent or reckless. This could make more groups, including churches and hotels, willing to donate or accept surplus food.

• Section 1 gives the bill its short title, the 'Donation Without Hesitation Act.'
• Section 2 rewrites O.C.G.A. § 51-1-31, removing the separate definitions of 'canned food' and 'perishable food' so the law covers all food.
• Section 2 broadens the definition of 'donor' to include caterers, hotels, motels, schools, churches, religious organizations, and nonprofit food distributors.
• Section 2 extends liability protection to churches and religious organizations that accept donated food, alongside existing protections for charitable and nonprofit organizations.
• Section 2 raises the legal standard for losing protection from ordinary negligence to gross negligence, recklessness, or intentional misconduct, and requires the donor to disclose the food's condition in good faith.
• Section 2 clarifies the protection applies even when donated food fails to meet federal or state consumer safety standards or is not readily marketable.
• Section 3 sets the effective date as July 1, 2026, applying to causes of action accruing on or after that date.
• Section 4 repeals any conflicting laws.

1. 2026-01-29House Second Readers (House)
2. 2026-01-28House First Readers (House)
3. 2026-01-27House Hopper (House)

• Spencer Frye (D, HD-122)Primary sponsor
• Stacey Evans (D, HD-057)
• Eric Gisler (D, HD-121)
• Gabriel Sanchez (D, HD-042)
• Eric Bell (D, HD-075)
• Bryce Berry (D, HD-056)

• food donation law
• liability protection
• charitable organizations
• tort law
• churches and nonprofits