[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2428 Enrolled Bill (ENR)]
H.R.2428
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONVERSION TO PERMANENT LAW OF MODEL GOOD SAMARITAN FOOD
DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION
ACT OF 1966.
(a) Conversion to Permanent Law.--Title IV of the National and
Community Service Act of 1990 is amended--
(1) by striking the title heading and sections 401 and 403 (42
U.S.C. 12671 and 12673); and
(2) in section 402 (42 U.S.C. 12672)--
(A) in the section heading, by striking ``model'' and
inserting ``bill emerson'';
(B) in subsection (a), by striking ``Good Samaritan'' and
inserting ``Bill Emerson Good 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.'';
(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
(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.''.
(b) Transfer to Child Nutrition Act of 1966.--Section 402 of the
National and Community Service Act of 1990 (42 U.S.C. 12672) (as
amended by subsection (a))--
(1) is transferred from the National and Community Service Act
of 1990 to the Child Nutrition Act of 1966;
(2) is redesignated as section 22 of the Child Nutrition Act of
1966; and
(3) is added at the end of such Act.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.