---
title: HB 1049. Donation Without Hesitation Act; enact
collection: bills
id: 2025-2026/hb1049
cite_as: HB 1049, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1049
md_url: https://georgiacommons.org/bills/2025-2026/hb1049.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1049/text
source_url: https://www.legis.ga.gov/legislation/72386
date: 2026-01-29
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1048.md
next: https://georgiacommons.org/bills/2025-2026/hb1050.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1049.md?full=1
bill_number: HB 1049
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-27
last_action: House Second Readers
sponsors:
  - Spencer Frye
  - Stacey Evans
  - Eric Gisler
  - Gabriel Sanchez
  - Eric Bell
  - Bryce Berry
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1049/2025
upstream_id: 2095136
summaries_model: claude-sonnet-5
topic_tags:
  - food donation law
  - liability protection
  - charitable organizations
  - tort law
  - churches and nonprofits
---

# HB 1049. Donation Without Hesitation Act; enact

## Text

House Bill 1049
By: Representatives Frye of the 122nd, Evans of the 57th, Gisler of the 121st, Sanchez of the
42nd, Bell of the 75th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to
general provisions regarding torts, so as to limit criminal penalties and civil damages of
donors and gleaners that donate food and organizations that accept food; to provide for
construction; to provide for definitions; to provide for a short title; to provide for related
matters; to provide for an effective date and applicability; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Donation Without Hesitation Act."
SECTION 2.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by revising Code Section 51-1-31, relating to liability
from donation of canned or perishable food to charitable or nonprofit organizations for use
or distribution, as follows:
"51-1-31.
(a) As used in this Code section, the term:
(1) <del>'Canned food' means any food which has been commercially processed and prepared
for human consumption and which has been commercially packaged in such a manner
as to remain nonperishable without refrigeration for a reasonable length of time.
(2)</del> 'Donor' <ins>means an individual, corporation, governmental entity, or organization that
has produced, purchased, or otherwise owns food to be provided to others for no
consideration. Such term</ins> includes, but is not limited to, a farmer, processor, distributor,
commercial food service operator, wholesaler, <del>or</del> retailer of food, <ins>caterer, hotel, motel,
school, church, religious organization, nonprofit food distributor, or restaurant.
(3)(2) 'Food' means any substance, whether raw, cooked, processed, or prepared,
intended for use in whole or in part for human consumption.
(3)</ins> 'Gleaner' means a person who harvests for use or distribution an agricultural crop that
has been donated by the owner:
<ins>(A) For distribution to individuals for no consideration; or
(B) To a church, religious organization, or bona fide charitable or nonprofit
organization with the ultimate objective of distribution to individuals for no
consideration.
</ins> <del>(4) 'Perishable food' means any food that may spoil or otherwise become unfit for human
consumption because of its nature, type, or physical condition. 'Perishable food' includes,
but is not limited to, table-ready food, cooked foods, fresh or processed meats, poultry,
seafood, dairy products, bakery products, eggs, fresh fruits or vegetables, and foods that
have been noncommercially or commercially packaged or that have been frozen or
otherwise require temperature control to remain nonperishable for a reasonable length of
time.
</del> (b) A <del>good faith</del> donor or gleaner of any <del>canned or perishable</del> food <del>apparently fit for
human consumption who</del> <ins>that</ins> donates such food to a <ins>church, religious organization, or
</ins> bona fide charitable or nonprofit organization for use or distribution shall not be subject to
criminal penalty or civil damages <ins>under the laws of this state</ins> arising from the condition of
the food, <ins>including if such food does not meet consumer safety standards imposed by
federal law or regulation or state law or rule, or is not readily marketable due to
appearance, freshness, grade, surplus, or other conditions,</ins> unless an injury is caused by the
<ins>gross negligence,</ins> recklessness, or intentional misconduct of the donor or gleaner <ins>and
provided that the donor or gleaner:
(1) Makes the donation in good faith; and
(2) Informs the church, religious organization, or bona fide charitable or nonprofit
organization of the condition of the food at the time of donation to the best of the donor's
or gleaner's knowledge.
</ins> (c) A <ins>church, religious organization, or</ins> bona fide charitable or nonprofit organization
which accepts any <del>canned or perishable</del> food apparently fit for human consumption from
a <del>good faith</del> donor or gleaner for use or distribution shall not be subject to criminal penalty
or civil damages <ins>under the laws of this state</ins> arising from the condition of the food,
<ins>including if such food does not meet consumer safety standards imposed by federal law or
regulation or state law or rule, or is not readily marketable due to appearance, freshness,
grade, surplus, or other conditions,</ins> unless an injury is caused by the <ins>gross negligence,
</ins> recklessness, or intentional misconduct of the <ins>church, religious organization, or bona fide
</ins> charitable or nonprofit organization <ins>and provided that the church, religious organization,
or bona fide charitable or nonprofit organization has accepted or further distributed the
donation in good faith.
</ins> (d) <del>The provisions of this Code section apply to the good faith donation of canned or
perishable food not readily marketable due to appearance, freshness, grade, surplus, or
other such considerations.
(e)</del> The provisions of this Code section shall not be construed to restrict the authority of
any lawful agency otherwise to regulate or ban the use of food for human consumption."
SECTION 3.
This Act shall become effective on July 1, 2026, and shall be applicable to causes of action
accruing on or after July 1, 2026.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 1049 would expand Georgia's legal protections for people and groups who donate food, shielding donors, gleaners, and charities from lawsuits and criminal charges over food quality unless they acted with gross negligence or worse.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Introduced (2026-01-27)
- Last action: House Second Readers (2026-01-29)
- Sponsors: Spencer Frye, Stacey Evans, Eric Gisler, Gabriel Sanchez, Eric Bell, Bryce Berry
- Official page: https://www.legis.ga.gov/legislation/72386

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1049.md?full=1