[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6407 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6407

To clarify that schools and local educational agencies participating in 
 the school lunch program under the Richard B. Russell National School 
 Lunch Act are authorized to donate excess food to local food banks or 
                       charitable organizations.


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2010

  Mr. Petri (for himself and Mr. Wolf) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To clarify that schools and local educational agencies participating in 
 the school lunch program under the Richard B. Russell National School 
 Lunch Act are authorized to donate excess food to local food banks or 
                       charitable organizations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School Food Recovery Act''.

SEC. 2. FOOD DONATION PROGRAM.

    Section 9 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1758) is amended by adding at the end the following:
    ``(k) Food Donation Program.--
            ``(1) In general.--Each school and local educational agency 
        participating in the school lunch program under this Act may 
        donate any food not consumed under such program to eligible 
        local food banks or charitable organizations.
            ``(2) Guidance.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of this subsection, the 
                Secretary shall develop and publish guidance to schools 
                and local educational agencies participating in the 
                school lunch program under this Act to assist such 
                schools and local educational agencies in donating food 
                under this subsection.
                    ``(B) Updates.--The Secretary shall update such 
                guidance as necessary.
            ``(3) Liability.--Any school or local educational agency 
        making donations pursuant to this subsection shall be exempt 
        from civil and criminal liability to the extent provided under 
        the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 
        1791).
            ``(4) Definition.--In this subsection, the term `eligible 
        local food banks or charitable organizations' means any food 
        bank or charitable organization which is exempt from tax under 
        section 501(c)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(c)(3)).''.
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