118 HR 4750 IH: BARK Act of 2023 U.S. House of Representatives 2023-07-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 4750IN THE HOUSE OF REPRESENTATIVESJuly 19, 2023Mr. Raskin (for himself, Mrs. Kim of California, Mrs. McBath, Mr. Joyce of Ohio, Ms. Mace, Mr. Fitzpatrick, Ms. Escobar, Mr. Huffman, Mr. Pocan, Ms. Davids of Kansas, Mr. Carson, Mr. Cohen, Ms. Sánchez, Ms. Malliotakis, Mrs. Dingell, Mr. Allred, Mr. Schiff, Ms. Titus, and Mr. Moskowitz) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Bill Emerson Good Samaritan Food Donation Act to provide protection for the good faith donation of pet products, and for other purposes.

1.

Short title

This Act may be cited as the Bring Animals Relief and Kibble Act of 2023 or as the BARK Act of 2023.

2.

Amendments to definitions

Section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b)) is amended— (1)in paragraph (4), by striking for human consumption and inserting the following: for— (A)human consumption; or (B)pet, emotional support animal, or service animal consumption.; (2)in paragraph (7), by inserting pet supply, after household cleaning product, ; (3)in paragraph (11), by inserting pet food supplier, after farmer, ; and (4)by adding at the end the following: (13)

Emotional support animal

The term emotional support animal means an animal that is— (A)covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation); and (B)not a service animal. (14)

Pet

The term pet means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes. (15)

Pet supply

The term pet supply means tangible personal property used for a pet, including a pet carrier, crate, kennel, house, cage, article of clothing, bedding, toy, collar, leash, lead, tie-out, feeder, bowl, dish, pet gate, or pet door. (16)

Service animal

The term service animal has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or a successor regulation)..

3.

Liability with respect to pet product donations

Section 22(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(c)) is amended— (1)by redesignating paragraph (4) as paragraph (5); (2)in paragraph (5) (as so redesignated)— (A)by striking and (3) and inserting (3), and (4); and (B)by inserting State or local government, after gleaner, ; and (3)by inserting after paragraph (3) the following: (4)

Liability with respect to pets, service animals, or emotional support animals

(A)

Donations made

A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of food described in subsection (b)(4)(B) or pet supplies that the person or gleaner donates in good faith to a nonprofit organization or State or unit of local government for direct distribution to pets, service animals, or emotional support animals. (B)

Donations received

A nonprofit organization or State or unit of local government shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of food described in subsection (b)(4)(B) or pet supplies that the nonprofit organization or State or unit of local government received as a donation in good faith from a person or gleaner for direct distribution to pets, service animals, or emotional support animals..