II 112th CONGRESS 1st Session S. 1719 IN THE SENATE OF THE UNITED STATES October 17, 2011 Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 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.

1.

Short title

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

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: (l)

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)). .