HB1049: HB1049 Donation Without Hesitation Act; enact

Georgia law already protects people and organizations who donate canned or perishable food to charities from being sued or criminally charged if something goes wrong with that food, as long as they acted in good faith. This bill, called the Donation Without Hesitation Act, revises that existing law (O.C.G.A. § 51-1-31) to broaden and clarify those protections. The bill removes the earlier separate definition of 'donor' and folds gleaners, people who harvest donated crops for distribution, more clearly into the protected categories. It keeps the core rule that donors, gleaners, and the churches or charities that accept the food are not liable for civil damages or criminal penalties arising from the food's condition, including food that doesn't meet federal or state safety standards, unless the harm comes from gross negligence, recklessness, or intentional misconduct. The changes would take effect July 1, 2026, and apply to legal claims arising on or after that date.

• Renames and reorganizes the definitions in Georgia's food donation liability law (O.C.G.A. § 51-1-31), removing the standalone 'donor' definition and adjusting how 'gleaner' and 'food' are defined.
• Continues to shield good-faith donors and gleaners from criminal penalties and civil lawsuits over the condition of donated canned or perishable food.
• Continues to shield churches, religious organizations, and charitable or nonprofit groups from liability for accepting and distributing donated food in good faith.
• Keeps an exception allowing liability if an injury results from gross negligence, recklessness, or intentional misconduct by the donor, gleaner, or accepting organization.
• Sets the law to take effect July 1, 2026, applying to legal claims that arise on or after that date.
• Gives the amended law a short title, the 'Donation Without Hesitation Act.'

Farmers, restaurants, grocers, caterers, schools, and other food producers or sellers who donate food; individual gleaners who harvest surplus crops for donation; and churches, religious groups, and charitable or nonprofit organizations that accept and distribute donated food to people in need.

By keeping and clarifying liability protections, the bill affects how comfortable food businesses, farmers, and charities feel donating surplus or imperfect food rather than throwing it away, since they generally cannot be sued or prosecuted over the food's condition unless they acted with gross negligence or intentional misconduct.

• Section 1 gives the Act its short title, the 'Donation Without Hesitation Act.'
• Section 2 revises O.C.G.A. § 51-1-31, removing the separate 'donor' definition and renumbering the remaining definitions of 'food,' 'gleaner,' and 'perishable food.'
• Subsection (b) protects good-faith donors and gleaners from criminal penalty or civil damages over donated food's condition, provided they inform the receiving organization of the food's condition to the best of their knowledge.
• Subsection (c) extends the same liability protection to churches, religious organizations, and charitable or nonprofit groups that accept and distribute the donated food in good faith.
• Subsection (e) clarifies the law does not limit any agency's existing authority to regulate or ban food for human consumption.
• Section 3 sets the effective date as July 1, 2026, applying to causes of action accruing on or after that date.

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
• charitable organizations
• liability protections
• tort law
• food safety