[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2428 Received in Senate (RDS)]

  2d Session
                                H. R. 2428


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                   IN THE SENATE OF THE UNITED STATES

                             July 12, 1996

                                Received

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                                 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 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''; and
                    (C) in subsection (c)--
                            (i) by striking ``A person or gleaner'' and 
                        inserting the following:
            ``(1) Liability of person or gleaner.--A person or 
        gleaner'';
                            (ii) by striking ``needy individuals,'' and 
                        inserting ``needy individuals.'';
                            (iii) by inserting after ``needy 
                        individuals.'' (as added by clause (ii)) the 
                        following:
            ``(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.''; and
                            (iv) by striking ``except that this 
                        paragraph'' and inserting the following:
            ``(3) Exception.--Paragraphs (1) and (2)''.
    (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.

            Passed the House of Representatives July 12, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.