Q: Can I Get Sued for Donating Food? A: No. Many restaurant owners hesitate to donate surplus food out of fear of liability. The Bill Emerson Good Samaritan Act provides federal protection from civil and criminal liability for any restaurant, grocery, or food service company that donates food in good faith to people in need. As long as the food was safe at the time of donation, you are protected. New Jersey follows these same protections, meaning there is no legal reason to t