HARRISBURG – A new state law aims to boost food donation and reduce waste by limiting liability for donated food that is past its “best by” date, according to state Rep. Chad Reichard (R-Franklin).
Date labels on food generally are established by the manufacturer to indicate the best use-by date for purposes of freshness; however, many potential food donors misinterpret these labels as “expiration dates” or indicators of food safety. The law aims to encourage the donation of surplus food to help the more than 1.2 million people in Pennsylvania who are food insecure, including more than 325,000 children, Reichard explained.
Act 13 of 2025 amends the free-standing Donated Food Limited Liability Act to limit criminal and civil liability for persons who donate food that is fit for human consumption but is past a date code on the food item. The donor must make a good faith evaluation that the food is fit for human consumption, and a donor has immunity unless damages result from the negligent, reckless or intentional misconduct of the donor.
