urging collaboration to reduce hunger and food waste in this state under the protections of the 1996 Bill Emerson Good Samaritan Food Donation Act.

26.994.11 101st Legislative Session SCR608

2026 South Dakota Legislature
Senate Concurrent Resolution 608
ENROLLED

AN ACT

A CONCURRENT RESOLUTION urging collaboration to reduce hunger and food waste
in this state under the protections of the 1996 Bill Emerson Good Samaritan
Food Donation Act.
WHEREAS, currently, disruptions in government assistance programs have increased
hunger and the need for further assistance from other sectors; and
WHEREAS, for some individuals and families, the likelihood of experiencing food insecurity
has grown significantly and continues to increase, as one out of eight people and one out of
six children faced food insecurity in 2025; and
WHEREAS, restaurants, grocery stores, and other food service establishments dispose of
food every day, with thirty-five percent of all usable food ending up in landfills; and
WHEREAS, the disposed food is often perfectly safe, edible, and wholesome; and
WHEREAS, the Bill Emerson Good Samaritan Food Donation Act of 1996, 42 U.S.C. § 1791
(January 1, 2026), protects food donors from liability and encourages food donations to
nonprofit organizations; and
WHEREAS, because of these legislative efforts, individuals who strive to do the right thing
by donating food to those who are less fortunate are guaranteed a level of protection from
liability; and
WHEREAS, these liability protections provide individuals comfort when donating food items
to nonprofit organizations that are better equipped to collect, process, and distribute the items
to members of the community; and
WHEREAS, these legislative measures allow for an ongoing and increasing tax incentive
of $1.97 per pound, based on agreed amounts set by the federal government and Feeding
America; and
26.994.11 2 SCR608
SCR608 ENROLLED
WHEREAS, many nonprofit organizations across the state and in our densest population
centers already work to rescue food waste and distribute it to those in need; and
WHEREAS, these nonprofit organizations not only provide necessary food items and goods
through charitable acts, but they also ease the financial and mental strains of those
experiencing food insecurity; and
WHEREAS, while many nonprofit organizations are capable of providing assistance and
food to communities, the need for food is in excess of the supply; and
WHEREAS, in South Dakota, more than one hundred ten thousand people face hunger,
including nearly forty thousand children, which means this state has a food insecurity rate of
more than twenty-two percent for the overall population and thirty percent for children; and
WHEREAS, South Dakota food banks have reported a significant increase in the demand
for food assistance in their respective communities; and
WHEREAS, restaurants and other food service establishments can collaborate with
community service providers to ensure that excess food can help feed the hungry at no
additional cost to the restaurant or food service establishment;
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the One Hundred First Legislature
of the State of South Dakota, the House of Representatives concurring therein, that
community service providers and food service establishments are urged to collaborate, under
the protections provided by the Bill Emerson Good Samaritan Food Donation Act of 1996, to
prevent food waste and reduce rates of hunger in South Dakota.
26.994.11 3 SCR608
SCR608 ENROLLED
Adopted by the Senate, February 11, 2026
Concurred in by the House of Representatives, February 25, 2026

_____________________ _____________________
Chris Karr Peggy Laurenz
President Pro Tempore Secretary of the Senate
of the Senate

_____________________ _____________________
Jon Hansen Patricia Miller
Speaker of the House Chief Clerk of the House