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Bill

B 89-38

AN ACT TO ADD  A NEW CHAPTER 40A, DIVISION 2, TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO CLARIFYING PROTECTIONS FROM LIABILITY FOR FOOD DONATIONS.

38th Guam Legislature

Guam law shields food donors from liability when donating to charities in good faith, encouraging charitable food donations while maintaining safety standards.

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Bill Summary · B 89-38

Legislative bill overview

Bill B 89-38 creates new legal protections for individuals and businesses that donate food to charitable organizations, nonprofits, and food assistance programs in Guam. The bill establishes liability shields so that food donors cannot be sued for damages arising from donated food, provided the donation was made in good faith and the food met safety standards at the time of donation.

Why is this important

Food insecurity affects vulnerable populations in Guam, and liability concerns can discourage businesses and individuals from donating surplus food that might otherwise go to waste. By clarifying legal protections, this bill aims to increase food donations to charities and reduce barriers to charitable giving while maintaining food safety standards.

Potential points of contention

  • Definition of "good faith": The bill's effectiveness depends on how clearly "good faith" donation is defined; vague language could lead to disputes about whether donors exercised reasonable care.
  • Food safety standards clarity: Determining what constitutes food "meeting safety standards at time of donation" may be ambiguous, potentially creating loopholes or unintended restrictions on donations.
  • Recipient organization accountability: The bill should specify what responsibilities fall on receiving organizations to properly handle, store, and distribute donated food to prevent harm to recipients.

Compiled from official sources — confirm details with the bill’s official record.

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