GEORGE TOWN: The proposed Good Samaritan Act is a timely intervention as the role of first responders is crucial in times of emergency, the Federation of Malaysian Consumers Association (Fomca) said.
Fomca vice-president Datuk Indrani Thuraisingham said this was especially so with the high numbers of those suffering from non-communicable diseases including cardiovascular disease, as well as the floods affecting vulnerable communities as a result of climate change.
She, however, called for the proposed law to be extended to cover food aid for the poor and hungry by addressing legal concerns that often hindered individuals, organisations or businesses from donating food.
"The law should explicitly state that individuals, non-profits, and businesses (like restaurants, grocery stores and caterers) donating food in good faith will not be held liable for harm caused by the donated food, as long as the food is safe at the time of donation.
"It should also state that there is no gross negligence, intentional misconduct, or reckless disregard for safety.
"This can encourage more donations by alleviating the fear of lawsuits," she told the New Straits Times.
Indrani said the definition of the Good Samaritan Act should be expanded to include food aid as a recognised act of compassion under the law, alongside traditional emergency assistance.
She said it should be clarified that this applied to the donation, preparation, distribution and delivery of food to those in need.
"It should also address the quality and expiry concerns, allowing for the donation of food items past their best-before date but still safe for consumption, with clear guidelines for assessing safety.
"Provide standards for handling, packaging and distributing food to ensure safety and quality.
"It should also protect intermediaries (food banks, religious institutions and non-governmental organisations) that receive and redistribute food from liability if they act responsibly and within legal standards," she added.
Indrani said the proposed law should also include provisions for tax benefits or subsidies for businesses and individuals who actively donated food to help the hungry as well as offer support for storage, transportation and distribution to make food aid feasible.
Donors, she noted, should be educated about their rights under the law to build confidence in participating in food donation initiatives.
"Provide a clear framework for how people can safely donate or distribute food without fear of legal repercussions.
"Include checks to prevent misuse of the law, ensuring that food donation programmes remain focused on genuine aid and not profit-driven motives.
"In India, for example, the Good Samaritan Food Donation Law follows the model of the United States Bill Emerson Good Samaritan Food Donation Act which protects donors.
"In Malaysia, a similar framework can be integrated into social welfare policies to enhance community-driven hunger relief efforts.
"By implementing these measures, a Good Samaritan law can create a more enabling environment for addressing food insecurity and encourage collective responsibility for aiding the poor and hungry," she said.
Yesterday, Health Minister Datuk Seri Dr Dzulkefly Ahmad said the Good Samaritan Act must be put in place.
Currently, there is no such law in Malaysia.
Dr Dzulkefly said he would raise the matter at the post-cabinet meeting first next week.
It would then be opened up for discussion and a relevant person be put in charge.