State Rep. Spencer Frye is sponsoring a new bill in the Georgia House designed to protect food contributors and nonprofit organizations from liability while distributing donated food in good faith, according to the Georgia State House.
This legislation, filed as HB1049 on Tuesday, Jan. 27 in the 2026 regular session of the 158th General Assembly, is officially titled: ’Donation Without Hesitation Act; enact.’
The summary that follows reflects our analysis based on the bill’s official language, and is intended to clarify its contents.
Known as the Donation Without Hesitation Act, this measure expands protections for those giving or delivering canned or perishable foods. Definitions are given for donors and gleaners, and protections from criminal or civil liability are extended to them, as well as churches, religious entities, and charitable or nonprofit organizations, if food is provided in good faith—even when food doesn’t meet all consumer safety or marketability standards. The exception is for damages resulting from gross negligence, recklessness, or intentional wrongdoing. The legislation would take effect July 1, 2026, covering cases beginning on or after that date.
Co-sponsors of the bill include Rep. Stacey Evans (Democrat-57th), Rep. Eric Bell (Democrat-75th), and two additional members.
Since this session began, Frye has introduced six other bills.
Frye earned a Bachelor of Science from the University of Georgia in 2014.
A Democrat, Frye began serving Georgia’s 122nd House District in 2023 after being elected to the legislature.
In Georgia, the legislative process starts when a legislator, frequently prompted by a constituent, drafts legislation with support from the Office of Legislative Counsel. After being filed with the Clerk of the House or Secretary of the Senate, the bill has a first reading and is sent to a committee for primary discussion and assessment. Following committee approval, it proceeds to the chamber for final reading, debate, and voting. Passage in both chambers is required—possibly involving a conference committee to reconcile differences—before the bill can be sent to the governor. The governor is allotted six days while the legislature is in session—or 40 days after adjournment—to sign, veto, or let the bill become law without a signature. The Georgia General Assembly’s regular session lasts 40 days each year starting on the second Monday in January.
| Bill Number | Date Introduced | Short Description |
|---|---|---|
| HB1046 | 01/27/2026 | Corporations, partnerships, and associations; restrict powers to only the powers the General Assembly expressly grants |
| HB405 | 02/11/2025 | Insurance; require licensed adjusters to be licensed contractors |
| HB402 | 02/11/2025 | Public Service Commission; establishment of renewable energy sources and renewable energy portfolio standard goals for electric service providers; provide |
| HB401 | 02/11/2025 | Insurance; prohibit insurers from considering advertising costs when making or using insurance rates |
| HB400 | 02/11/2025 | Community Housing Options Increase Cost Efficiency (CHOICE) Act; enact |
| HB261 | 02/04/2025 | Motor vehicles; annual reduction of licensing fees for alternative fueled vehicles; provide |
Details in this report were sourced from the Georgia State House. Access the original data here.
