Good Samaritan laws and Surplus Food Redistribution – a Solution in Need of a Problem?

Edible surplus food is produced at every stage of the supply chain. Redistributing this surplus for people to eat prevents food waste. Levels of surplus food redistribution (SFR) in the UK have more than tripled since 2015. However, evidence suggests that there are opportunities to increase SFR from the food supply chain. A widely reported barrier to SFR is the fear of civil liability should recipients become ill after consuming donated/redistributed food. In response to this fear of liability, some have argued that the UK should adopt a Good Samaritan law. This briefing paper outlines initial research findings that a Good Samaritan law for food may be unnecessary and potentially undesirable in England. It argues instead for publicly available, authoritative and reliable guidance. This guidance should communicate the relevant legal rules and existing protections that apply to donating and redistributing surplus food. Part A of this briefing sets out the relevant sources of liability that apply to SFR. Part B identifies two distinct fear of liability problems and the role of Good Samaritan laws, if any, in addressing these. Part C highlights broader social reasons why Good Samaritan laws to support SFR may be undesirable. Non-exhaustive summaries of relevant legal rules and protections are outlined for reference (Boxes 1-5). Some readers may prefer not to read these. The briefing has been produced with that preference in mind.