[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2428 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
August 2, 1996.
Resolved, That the bill from the House of Representatives (H.R.
2428) entitled ``An Act to encourage the donation of food and grocery
products to nonprofit organizations for distribution to needy
individuals by giving the Model Good Samaritan Food Donation Act the
full force and effect of law'', do pass with the following
AMENDMENTS:
(1)Page 2, line 8, after ``striking'' insert: the title heading and
(2)Page 2, strike out line 15 and insert:
Samaritan'';
(C) in subsection (b)(7), to read as follows:
``(7) Gross negligence.--The term `gross negligence' means
voluntary and conscious conduct (including a failure to act) by
a person who, at the time of the conduct, knew that the conduct
was likely to be harmful to the health or well-being of another
person.'';
(3)Page 2, strike out all after line 15, over to and including line 11
on page 3 and insert:
(D) by striking subsection (c) and inserting the
following:
``(c) Liability for Damages From Donated Food and Grocery
Products.--
``(1) Liability of person or gleaner.--A person or gleaner
shall not be subject to civil or criminal liability arising
from the nature, age, packaging, or condition of apparently
wholesome food or an apparently fit grocery product that the
person or gleaner donates in good faith to a nonprofit
organization for ultimate distribution to needy individuals.
``(2) Liability of nonprofit organization.--A nonprofit
organization shall not be subject to civil or criminal
liability arising from the nature, age, packaging, or condition
of apparently wholesome food or an apparently fit grocery
product that the nonprofit organization received as a donation
in good faith from a person or gleaner for ultimate
distribution to needy individuals.
``(3) Exception.--Paragraphs (1) and (2) shall not apply to
an injury to or death of an ultimate user or recipient of the
food or grocery product that results from an act or omission of
the person, gleaner, or nonprofit organization, as applicable,
constituting gross negligence or intentional misconduct.''; and
(4)Page 3, after line 11 insert:
(E) in subsection (f), by adding at the end the
following: ``Nothing in this section shall be construed
to supercede State or local health regulations.''.
(5)Page 4, after line 1 insert:
(c) Conforming Amendment.--The table of contents for the National
and Community Service Act of 1990 is amended by striking the items
relating to title IV.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 2428
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AMENDMENTS