[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3108 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3108

    To decrease the incidence of food waste, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2016

 Mr. Blumenthal (for himself, Mr. Schatz, Mr. Wyden, Mr. Merkley, and 
  Mr. Booker) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To decrease the incidence of food waste, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Food Recovery Act 
of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                             TITLE I--FARMS

Sec. 101. Use of Rural Energy for America Program to reduce food and 
                            crop waste.
Sec. 102. Farm storage facility loan program.
Sec. 103. Composting as conservation practice.
Sec. 104. Study and report on methods to decrease the incidence of food 
                            waste.
                    TITLE II--RETAIL AND RESTAURANTS

Sec. 201. Good Samaritan food donation.
Sec. 202. Report on food donation by retail food stores.
Sec. 203. Use of Commodity Credit Corporation funds to cover Emergency 
                            Food Assistance Program storage and 
                            distribution costs.
               TITLE III--SCHOOLS AND OTHER INSTITUTIONS

Sec. 301. Establishment of the Office of Food Recovery.
Sec. 302. Amendments to Federal Food Donation Act to require food 
                            donations by executive agencies and 
                            Congress.
Sec. 303. Food and agriculture service learning program.
Sec. 304. Farm to school grant program to improve access to local foods 
                            in schools and reduce food waste.
Sec. 305. Modification of National School Lunch Program procurement 
                            requirements to encourage purchase of 
                            lower-price, nonstandard size or shape 
                            produce.
                      TITLE IV--FOOD DATE LABELING

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Quality dates and safety dates.
Sec. 405. Misbranding violation for quality dates and safety dates in 
                            food labeling.
Sec. 406. Report to Congress.
              TITLE V--CONSUMERS AND LOCAL INFRASTRUCTURE

Sec. 501. Support for national media campaigns to decrease the 
                            incidence of food waste.
Sec. 502. Increase in resources for community facilities loans directed 
                            at composting and anaerobic digestion food 
                            waste-to-energy operations.
Sec. 503. Expansion of rural utilities service water and waste disposal 
                            program to provide loans and grants for 
                            rural communities to adapt waste disposal 
                            facilities to incorporate anaerobic 
                            digestion food waste-to-energy operations.
Sec. 504. Grants for composting and anaerobic digestion food waste-to-
                            energy projects.
Sec. 505. Government Accountability Office audit.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture.

                             TITLE I--FARMS

SEC. 101. USE OF RURAL ENERGY FOR AMERICA PROGRAM TO REDUCE FOOD AND 
              CROP WASTE.

    (a) Requirements Relating to Installation of Anaerobic Digesters.--
Section 9007(c) of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 8107(c)) is amended by adding at the end the following:
            ``(5) Requirements related to installation of anaerobic 
        digesters.--
                    ``(A) Definition of hunger-serving organization.--
                In this paragraph, the term `hunger-serving 
                organization' means a food bank, food pantry, or soup 
                kitchen (as those terms are defined in section 201A of 
                the Emergency Food Assistance Act of 1983 (7 U.S.C. 
                7501)).
                    ``(B) Requirements.--In the case of a loan 
                guarantee or grant under this subsection to an 
                agricultural producer or rural small business to 
                support the installation of an anaerobic digester that 
                will not use solely manure to produce renewable energy, 
                the Secretary shall obtain from the recipient of the 
                loan guarantee or grant--
                            ``(i) a written agreement entered into 
                        between the recipient and a hunger-serving 
                        organization providing that the recipient and 
                        the hunger-serving organization will work 
                        together to ensure that apparently wholesome 
                        food (as defined in section 22(b) of the Bill 
                        Emerson Good Samaritan Food Donation Act (42 
                        U.S.C. 1791(b)) generated by or provided to the 
                        recipient for use in the anaerobic digester is 
                        redistributed to the organization for provision 
                        to people in need of food; and
                            ``(ii) a written end-product recycling plan 
                        that--
                                    ``(I) provides for the use of the 
                                material resulting from the anaerobic 
                                digester, in accordance with guidelines 
                                that the Administrator shall establish; 
                                and
                                    ``(II) ensures that the use of the 
                                material resulting from the anaerobic 
                                digester does not create an 
                                environmental hazard.''.
    (b) Increased Funding.--Section 9007(g)(1) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8107(g)(1)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking ``fiscal year 2014 and 
        each fiscal year thereafter.'' and inserting ``each of fiscal 
        years 2014 and 2015; and''; and
            (3) by adding at the end the following:
                    ``(F) $70,000,000 for fiscal year 2016 and each 
                fiscal year thereafter.''.
    (c) Set-Aside for Anaerobic Digesters.--Section 9007(g) of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is amended 
by adding at the end the following:
            ``(4) Set-aside for anaerobic digesters.--
                    ``(A) In general.--Of the funds made available for 
                each fiscal year under this subsection, not less than 
                $20,000,000 shall be available to support the 
                installation of anaerobic digesters that do not use 
                solely manure to produce renewable energy.
                    ``(B) Preference.--The Secretary shall give 
                preference to the use of amounts made available under 
                subparagraph (A) to support the installation of 
                anaerobic digesters that use primarily nonedible food, 
                crop waste, or nonedible food and crop waste as 
                undigested biomass.
                    ``(C) Availability.--Funds made available under 
                subparagraph (A) shall remain available until 
                expended.''.

SEC. 102. FARM STORAGE FACILITY LOAN PROGRAM.

    (a) Inclusion of Refrigerated Vehicle as Eligible Facility.--
Section 1614(a) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8789(a)) is amended by striking ``to construct or upgrade 
storage and handling facilities'' and inserting ``to acquire, 
construct, or upgrade storage, handling, and transportation facilities, 
which may include refrigerated vehicles to improve storage and 
marketing,''.
    (b) Set-Aside To Improve Producer and Emergency Feeding 
Organization Cooperation.--Section 1614 of the Food, Conservation, and 
Energy Act of 2008 (7 U.S.C. 8789) is amended by adding at the end the 
following:
    ``(g) Set-Aside To Improve Cooperation Between Producers and 
Emergency Feeding Organizations.--
            ``(1) Definition of emergency feeding organization.--In 
        this subsection, the term `emergency feeding organization' has 
        the meaning given the term in section 201A of the Emergency 
        Food Assistance Act of 1983 (7 U.S.C. 7501).
            ``(2) Set-aside.--Of the funds made available for a fiscal 
        year for storage facility loans under this section, the 
        Secretary shall reserve not less than 5 percent for eligible 
        producers described in subsection (b) that, in cooperation with 
        emergency feeding organizations, agree to use the storage 
        facility loans to acquire, construct, or upgrade storage, 
        handling, and transportation facilities to improve--
                    ``(A) the ability of the eligible producers to 
                provide commodities to emergency feeding organizations; 
                and
                    ``(B) the ability of the emergency feeding 
                organizations to provide commodities to eligible 
                recipients of the commodities.''.

SEC. 103. COMPOSTING AS CONSERVATION PRACTICE.

    (a) Definitions.--Section 1201(a) of the Food Security Act of 1985 
(16 U.S.C. 3801(a)) is amended--
            (1) by redesignating paragraphs (3) through (27) as 
        paragraphs (4) through (28), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Composting practice.--The term `composting practice' 
        means--
                    ``(A) an activity to produce compost, including an 
                activity that does not require the use of a composting 
                facility such as onsite composting at a restaurant or 
                institution; and
                    ``(B) the use of compost.''.
    (b) Conservation Stewardship Program.--Section 1238D(2)(B)(i) of 
the Food Security Act of 1985 (16 U.S.C. 3838d(2)(B)(i)) is amended by 
inserting ``and composting practices'' after ``agriculture drainage 
management systems''.
    (c) Environmental Quality Incentives Program.--Section 
1240A(4)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
1(4)(A)(ii)) is amended by inserting ``, including composting 
practices'' before the semicolon at the end.

SEC. 104. STUDY AND REPORT ON METHODS TO DECREASE THE INCIDENCE OF FOOD 
              WASTE.

    (a) Definition of Agricultural Product.--In this section, the term 
``agricultural product'' has the meaning given the term ``agricultural 
products'' in section 207 of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1626).
    (b) Study.--The Secretary shall conduct a study on--
            (1) new technologies to increase the period during which an 
        agricultural product may be stored before the agricultural 
        product is considered adulterated under State or Federal law; 
        and
            (2) a method to measure the quantity of agricultural 
        product that is not harvested or sent to market each year by 
        the farms that produce the agricultural product.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report that 
includes--
            (1) the results of the study conducted under subsection 
        (b); and
            (2) the recommendations of the Secretary with respect to 
        methods of decreasing the incidence of food waste.

                    TITLE II--RETAIL AND RESTAURANTS

SEC. 201. GOOD SAMARITAN FOOD DONATION.

    The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraphs (1) and (2), by striking 
                ``Federal, State, and local'' each place it appears and 
                inserting ``Federal and State'';
                    (B) in paragraph (3), by striking ``user is'' and 
                inserting the following: ``user--
                    ``(A) in the case of food, is charged a reduced 
                rate for the food; or
                    ``(B) is''; and
                    (C) by adding at the end the following:
            ``(11) Ultimate distribution.--The term `ultimate 
        distribution' means any method by which an individual receives 
        a product from an entity, including by donation or at a reduced 
        cost.'';
            (2) in subsection (c)(1)--
                    (A) by inserting ``(including a food or apparently 
                fit grocery product the quality date (as defined in 
                section 403 of the Food Recovery Act of 2016) of which 
                is expired)'' before ``that the person''; and
                    (B) by striking ``good faith to'' and inserting the 
                following: ``good faith--
                    ``(A) directly to a needy individual; or
                    ``(B) to'';
            (3) in subsection (e)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Federal, State, and local'' and inserting 
                ``Federal and State''; and
                    (B) in paragraph (2), by striking ``distribution'' 
                and inserting ``ultimate distribution to needy 
                individuals'';
            (4) in subsection (f), by striking ``or local'';
            (5) by redesignating subsection (f) as subsection (g); and
            (6) by inserting after subsection (e) the following:
    ``(f) Administration.--The Secretary of Agriculture shall carry out 
this section, including through the issuance of regulations.''.

SEC. 202. REPORT ON FOOD DONATION BY RETAIL FOOD STORES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall submit to Congress a report describing the 
recommendations of the Secretary with respect to methods of increasing 
food donation by retail food stores, as defined by the Secretary.

SEC. 203. USE OF COMMODITY CREDIT CORPORATION FUNDS TO COVER EMERGENCY 
              FOOD ASSISTANCE PROGRAM STORAGE AND DISTRIBUTION COSTS.

    Section 204 of the Emergency Food Assistance Act of 1983 (7 U.S.C. 
7508) is amended--
            (1) by striking the section heading and inserting ``funds 
        for state storage and distribution costs'';
            (2) in subsection (a)(1)--
                    (A) in the first sentence, by striking ``There are 
                authorized to be appropriated $100,000,000 for fiscal 
                year 2008 and each fiscal year thereafter, for the 
                Secretary to make available to the States'' and 
                inserting ``Using funds of the Commodity Credit 
                Corporation, the Secretary shall make available to the 
                States $100,000,000 for fiscal year 2016 and each 
                fiscal year thereafter''; and
                    (B) in the second sentence, by striking ``Funds 
                appropriated'' and inserting ``Funds made available''; 
                and
            (3) in subsection (b), by striking ``appropriations made or 
        authorized under this section'' and inserting ``amounts made 
        available under subsection (a)(1)''.

               TITLE III--SCHOOLS AND OTHER INSTITUTIONS

SEC. 301. ESTABLISHMENT OF THE OFFICE OF FOOD RECOVERY.

    Subtitle A of the Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 6901 et seq.) is amended by adding at the end the 
following:

``SEC. 221. OFFICE OF FOOD RECOVERY.

    ``(a) Establishment.--The Secretary shall establish within the 
Department an office, to be known as the `Office of Food Recovery', to 
coordinate Federal programs to measure and reduce the incidence of food 
waste.
    ``(b) Director.--
            ``(1) In general.--The Office of Food Recovery shall be 
        headed by a Director, to be appointed by the Secretary.
            ``(2) Duties.--The Director of the Office of Food Recovery 
        shall--
                    ``(A) support and promote Federal programs to 
                reduce the incidence of food waste; and
                    ``(B) make recommendations with respect to reducing 
                the incidence of food waste.''.

SEC. 302. AMENDMENTS TO FEDERAL FOOD DONATION ACT TO REQUIRE FOOD 
              DONATIONS BY EXECUTIVE AGENCIES AND CONGRESS.

    (a) Purpose.--Section 2 of the Federal Food Donation Act of 2008 
(Public Law 110-247; 42 U.S.C. 1792 note) is amended by striking 
``encourage'' and inserting ``require''.
    (b) Definitions.--Section 3 of the Federal Food Donation Act of 
2008 (Public Law 110-247; 42 U.S.C. 1792 note) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Executive agency.--The term `executive agency' has 
        the meaning given the term in section 133 of title 41, United 
        States Code.''.
    (c) Promoting Federal Food Donation.--Section 4 of the Federal Food 
Donation Act of 2008 (42 U.S.C. 1792) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately;
                    (B) in the matter preceding subparagraph (A) (as 
                redesignated) by striking ``Not later than'' and all 
                that follows through ``$25,000'' and inserting the 
                following:
            ``(1) Requirement.--Not later than 180 days after the date 
        of enactment of the Food Recovery Act of 2016, the Federal 
        Acquisition Regulation issued in accordance with section 1121 
        of title 41, United States Code, shall be revised to provide 
        that, except as provided in paragraph (2), all contracts of 
        more than $10,000'';
                    (C) in subparagraph (A) (as redesignated), by 
                striking ``encourages'' and inserting ``requires''; and
                    (D) by adding at the end the following:
            ``(2) Exception.--Paragraph (1) shall not apply to a 
        contract with an executive agency that has issued a regulation 
        in effect on the date of enactment of the Food Recovery Act of 
        2016 that prohibits a donation described in paragraph 
        (1)(A).''; and
            (2) by adding at the end the following:
    ``(c) Application to Congress.--
            ``(1) Contracts.--This Act shall apply to the House of 
        Representatives and to contracts entered into by the House of 
        Representatives, and to the Senate and to contracts entered 
        into by the Senate, in the same manner and to the same extent 
        as this Act applies to an executive agency and to contracts 
        entered into by an executive agency.
            ``(2) Administration.--For purposes of carrying out 
        paragraph (1)--
                    ``(A) the Chief Administrative Officer of the House 
                of Representatives shall be considered the head of the 
                House of Representatives; and
                    ``(B) the Secretary of the Senate shall be 
                considered the head of the Senate.
    ``(d) Data; Reports.--
            ``(1) Data.--The head of each executive agency shall 
        collect data on the amount of apparently wholesome food donated 
        in accordance with this Act.
            ``(2) Reports.--Not less frequently than once every 2 
        years, the head of each executive agency shall submit to 
        Congress a report describing the data collected under paragraph 
        (1).''.
    (d) Authorization of Appropriations.--The Federal Food Donation Act 
of 2008 (42 U.S.C. 1792) is amended by adding at the end the following:

``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Secretary of 
Agriculture to carry out this Act $10,000,000 for each fiscal year.''.

SEC. 303. FOOD AND AGRICULTURE SERVICE LEARNING PROGRAM.

    Section 413 of the Agricultural Research, Extension, and Education 
Reform Act of 1998 (7 U.S.C. 7633) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Subject to the availability of 
                appropriations under subsection (e), the Secretary'' 
                and inserting ``The Secretary''; and
                    (B) by striking ``and improve the nutritional 
                health of children'' and inserting ``, improve the 
                nutritional health and food security of children, and 
                raise public awareness about wasted food and the use of 
                food recovery efforts to reduce the quantity of wasted 
                food'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) to raise public awareness about the consequences of 
        wasted food and to encourage the implementation of food 
        recovery initiatives to reduce the quantity of wasted food;'';
            (3) in subsection (c)(2)(C), by striking ``and where food 
        comes from'' and inserting ``, where food comes from, the 
        consequences of food waste, and food recovery initiatives''; 
        and
            (4) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) Source of funds.--
                    ``(A) In general.--Using funds of the Commodity 
                Credit Corporation, the Secretary shall make available 
                to carry out the Program $5,000,000 for fiscal year 
                2016 and for each fiscal year thereafter.
                    ``(B) Availability.--Amounts made available under 
                subparagraph (A) shall remain available until 
                expended.''.

SEC. 304. FARM TO SCHOOL GRANT PROGRAM TO IMPROVE ACCESS TO LOCAL FOODS 
              IN SCHOOLS AND REDUCE FOOD WASTE.

    Section 18(g) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769(g)(3)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A)(v), by inserting ``and 
                reducing food waste at both the school and farm level'' 
                before the semicolon at the end; and
                    (B) by adding at the end the following:
                    ``(D) Set-aside for food waste reduction grants.--
                Of the funds made available for a fiscal year for 
                grants under this subsection, the Secretary shall 
                reserve not less than $1,000,000 for grants to 
                implement farm to school programs designed to 
                facilitate--
                            ``(i) the use of a school of food that 
                        would otherwise go to waste from farms;
                            ``(ii) projects that provide farms with 
                        compostable materials from schools, including--
                                    ``(I) food scraps; and
                                    ``(II) lunch trays and utensils; 
                                and
                            ``(iii) the installation of gardens on 
                        school grounds (also known as `edible 
                        schoolyards')--
                                    ``(I) to introduce students to 
                                growing, preparing, and eating fresh 
                                produce;
                                    ``(II) to make available fresh 
                                produce on the menu of the school;
                                    ``(III) to use in the gardens 
                                compost made from food scraps; and
                                    ``(IV) to be integrated into the 
                                curriculum of the school.''; and
            (2) in paragraph (8)(A)--
                    (A) by striking ``On October 1, 2012, and each 
                October 1 thereafter, out'' and inserting the 
                following:
                            ``(i) Transfers.--Out'';
                    (B) in clause (i) (as so designated), by striking 
                ``subsection $5,000,000, to remain available until 
                expended.'' and inserting the following: ``subsection--
                                    ``(I) $5,000,000 on October 1, 
                                2012, and each October 1 thereafter 
                                through October 1, 2015; and
                                    ``(II) $6,000,000 on October 1, 
                                2016, and each October 1 thereafter.''; 
                                and
                    (C) by adding at the end the following:
                            ``(ii) Availability.--Amounts made 
                        available under clause (i) shall remain 
                        available until expended.''.

SEC. 305. MODIFICATION OF NATIONAL SCHOOL LUNCH PROGRAM PROCUREMENT 
              REQUIREMENTS TO ENCOURAGE PURCHASE OF LOWER-PRICE, 
              NONSTANDARD SIZE OR SHAPE PRODUCE.

    Section 9(a)(4)(C) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(a)(4)(C)) is amended by striking clause (ii) and 
inserting the following:
                            ``(ii) in the product specifications and 
                        practices required by clause (i), encourage 
                        State departments of agriculture and education, 
                        school food authorities, local educational 
                        agencies, and local processing entities to 
                        purchase lower-price, nonstandard size or shape 
                        produce to be used in school nutrition programs 
                        under this Act and the Child Nutrition Act of 
                        1966 (42 U.S.C. 1771 et seq.); and''.

                      TITLE IV--FOOD DATE LABELING

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Food Date Labeling Act of 2016''.

SEC. 402. FINDINGS.

    Congress finds the following:
            (1) As of the date of enactment of this Act, date labeling 
        practices on food packaging cause confusion with ``sell-by'', 
        ``best-by'', ``use-by'', and ``best before'' dates, leading up 
        to 90 percent of individuals in the United States to 
        occasionally throw out still-fresh food.
            (2) Confusion over the meaning of date labels is estimated 
        to account for 20 percent of consumer waste of safe, edible 
        food, leading to approximately $29,000,000,000 of wasted 
        consumer spending each year.
            (3) Consumer education and standardized date labeling are 
        the top 2 most cost-effective strategies for reducing food 
        waste, by economic value per ton diverted.
            (4) Wasted food costs consumers and industry money, 
        squanders important natural resources that are used to grow, 
        process, distribute, and store the food supply of the United 
        States, and represents a missed opportunity to feed the 
        millions of food insecure households in the United States that 
        are struggling to access healthy, affordable food.

SEC. 403. DEFINITIONS.

    In this title:
            (1) Administering secretaries.--The term ``administering 
        Secretaries'' means--
                    (A) with respect to products described in paragraph 
                (4)(A), the Secretary; and
                    (B) with respect to products described in paragraph 
                (4)(B), the Secretary of Health and Human Services.
            (2) Food labeler.--The term ``food labeler'' means the 
        producer, manufacturer, distributor, or retailer that places a 
        date label on food packaging of a product.
            (3) Quality date.--The term ``quality date'' means a date 
        voluntarily printed on food packaging that is intended to 
        communicate to consumers the date after which the quality of 
        the product may begin to deteriorate, but may still be 
        acceptable for consumption.
            (4) Ready-to-eat product.--The term ``ready-to-eat 
        product'' means--
                    (A) with respect to a product under the 
                jurisdiction of the Secretary, a product that--
                            (i) is in a form that is edible without 
                        additional preparation to achieve food safety 
                        and may receive additional preparation for 
                        palatability or aesthetic, epicurean, 
                        gastronomic, or culinary purposes; and
                            (ii) is--
                                    (I) a poultry product, as defined 
                                in section 4 of the Poultry Products 
                                Inspection Act (21 U.S.C. 453);
                                    (II) a meat food product, as 
                                defined in section 1 of the Federal 
                                Meat Inspection Act (21 U.S.C. 601); or
                                    (III) an egg product, as defined in 
                                section 4 of the Egg Products 
                                Inspection Act (21 U.S.C. 1033); and
                    (B) with respect to a food (as defined in section 
                201 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 321)) under the jurisdiction of the Secretary of 
                Health and Human Services--
                            (i) a food that is normally eaten in its 
                        raw state; or
                            (ii) any other food, including a processed 
                        food, for which it is reasonably foreseeable 
                        that the food will be eaten without further 
                        processing that would significantly minimize 
                        biological hazards.
            (5) Safety date.--The term ``safety date'' means a date 
        printed on food packaging of a ready-to-eat product, which 
        signifies the end of the estimated period of shelf life under 
        any stated storage conditions, after which the product may pose 
        a health safety risk.

SEC. 404. QUALITY DATES AND SAFETY DATES.

    (a) Quality Dates.--
            (1) In general.--If a food labeler includes a quality date 
        on food packaging, the label shall use the uniform quality date 
        label phrase under paragraph (2).
            (2) Uniform phrase.--The uniform quality date label phrase 
        under this paragraph shall be ``best if used by'', unless and 
        until the administering Secretaries, acting jointly, specify 
        through rulemaking another uniform phrase to be used for 
        purposes of complying with paragraph (1).
            (3) Option of the labeler.--The decision to include a 
        quality date on food packaging shall be at the discretion of 
        the food labeler.
    (b) Safety Dates.--
            (1) In general.--The label of a ready-to-eat product shall 
        include a safety date that is immediately preceded by the 
        uniform safety date label phrase under paragraph (2) if the 
        ready-to-eat product--
                    (A) meets the criteria described in paragraph 
                (3)(A) and is not exempt under paragraph (3)(B)(ii); or
                    (B) is listed in accordance with paragraph 
                (3)(B)(i).
            (2) Uniform phrase.--The uniform safety date label phrase 
        under this paragraph shall be `expires on', unless and until 
        the administering Secretaries jointly specify through 
        rulemaking another uniform phrase to be used for purposes of 
        complying with paragraph (1).
            (3) High risk ready-to-eat products.--
                    (A) In general.--The administering Secretaries, 
                acting jointly, shall describe criteria that determine 
                what ready-to-eat products may have a high level of 
                risk associated with consumption after a certain date, 
                including those that may be high or very high risk for 
                Listeria monocytogenes or other contaminants or 
                pathogens causing foodborne illness.
                    (B) Additional foods; exempt foods.--The 
                administering Secretaries may, with respect to the 
                products under the jurisdiction of the administering 
                Secretaries, respectively--
                            (i) list additional ready-to-eat products 
                        that are high risk, but do not meet the 
                        criteria described in subparagraph (A); or
                            (ii) exempt specific ready-to-eat products 
                        that meet the criteria described in 
                        subparagraph (A), but do not actually pose a 
                        high level of risk associated with consumption 
                        after a certain date.
                    (C) Review and updates.--Not less frequently than 
                once every 4 years, the administering Secretaries, 
                acting jointly, shall review and, as the administering 
                Secretaries determine appropriate, shall update--
                            (i) the criteria described in subparagraph 
                        (A); and
                            (ii) the list and exemptions described in 
                        subparagraph (B).
    (c) Quality Date and Safety Date Labeling.--
            (1) In general.--The quality date and safety date, as 
        applicable, and immediately adjacent uniform quality date label 
        phrase or safety date label phrase shall be--
                    (A) in single easy-to-read type style using upper 
                and lower case letters in the standard form;
                    (B) in a type size no smaller than 8 point; and
                    (C) located in a conspicuous place on the package 
                of the food.
            (2) Date format.--Each quality date and safety date shall 
        be stated in terms of day and month and, as appropriate, year.
    (d) Guidance.--The Commissioner of Food and Drugs and the Secretary 
shall establish guidance for food labelers on how to determine quality 
dates and safety dates for food products.
    (e) Sale or Donation After Quality Date.--No one shall prohibit the 
sale, donation, or use of any product after the quality date for the 
product has passed.
    (f) Education.--Not later than 1 year after the date of enactment 
of this Act, the administering Secretaries, acting jointly, shall 
provide consumer education and outreach on the meaning of quality date 
and safety date food labels.
    (g) Rule of Construction; Preemption.--
            (1) Rule of construction.--Nothing in this section shall be 
        construed to prohibit any State or political subdivision of a 
        State from establishing or continuing in effect any requirement 
        that prohibits the sale or donation of foods based on passage 
        of the safety date.
            (2) Preemption.--No State or political subdivision of a 
        State may establish or continue in effect any requirement 
        that--
                    (A) relates to the inclusion in food labeling of a 
                quality date or a safety date that is different from or 
                in addition to, or that is otherwise not identical 
                with, the requirements under this section; or
                    (B) prohibits the sale or donation of foods based 
                on passage of the quality date.
            (3) Enforcement.--The administering Secretaries, acting 
        jointly and in coordination with the Federal Trade Commission, 
        shall ensure that the uniform quality date label phrase and 
        uniform safety date label phrase are standardized across all 
        food products.
            (4) Savings.--Nothing in this title, any amendment made by 
        this title, or any standard or requirement imposed pursuant to 
        this title shall be construed to preempt, displace, or supplant 
        any State or Federal common law rights or any State or Federal 
        statute creating a remedy for civil relief, including those for 
        civil damage, or a penalty for criminal conduct.
    (h) Time Temperature Indicator Labels.--Nothing in this section 
shall be construed to prohibit or restrict the use of time-temperature 
indicator labels or similar technology that is consistent with the 
requirements of this title.
    (i) Delayed Applicability.--This section shall apply only with 
respect to food products that are labeled on or after a date that is 2 
years after the date of enactment of this Act.

SEC. 405. MISBRANDING VIOLATION FOR QUALITY DATES AND SAFETY DATES IN 
              FOOD LABELING.

    (a) FDA Violations.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following:
    ``(z) if its labeling is in violation of section 404 of the Food 
Date Labeling Act of 2016 (relating to quality dates and safety 
dates).''.
    (b) Poultry Products.--Section 4(h) of the Poultry Products 
Inspection Act (21 U.S.C. 453(h)) is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) if it does not bear a label in accordance with 
        section 404 of the Food Date Labeling Act of 2016.''.
    (c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act 
(21 U.S.C. 601(n)) is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) if it does not bear a label in accordance with 
        section 404 of the Food Date Labeling Act of 2016.''.
    (d) Egg Products.--Section 7(b) of the Egg Products Inspection Act 
(21 U.S.C. 1036(b)) is amended in the first sentence by adding before 
the period at the end ``or if it does not bear a label in accordance 
with section 404 of the Food Date Labeling Act of 2016''.

SEC. 406. REPORT TO CONGRESS.

    Not later than 5 years after the date of enactment of this Act, the 
administering Secretaries, acting jointly, shall report to the 
appropriate committees of Congress on the progress in the reduction of 
food waste that can be attributed to the standardization of food date 
labeling and consumer education required by this title and the 
amendments made by this title.

              TITLE V--CONSUMERS AND LOCAL INFRASTRUCTURE

SEC. 501. SUPPORT FOR NATIONAL MEDIA CAMPAIGNS TO DECREASE THE 
              INCIDENCE OF FOOD WASTE.

    (a) In General.--The Secretary shall support national media 
campaigns to decrease the incidence of food waste.
    (b) Mandatory Funding.--
            (1) In general.--The Secretary shall use $8,000,000 of 
        funds of the Commodity Credit Corporation to carry out this 
        section for fiscal year 2017.
            (2) Availability.--Funds described in paragraph (1) shall 
        remain available until expended.

SEC. 502. INCREASE IN RESOURCES FOR COMMUNITY FACILITIES LOANS DIRECTED 
              AT COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-TO-
              ENERGY OPERATIONS.

    Section 306(a)(1) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1926(a)(1)) is amended by inserting after the first 
sentence the following: ``5 percent of the amounts made available for 
each fiscal year for loans for essential community facilities under the 
preceding sentence shall be reserved for loans, in accordance with 
subsection (c)(2), for municipal or county composting, anaerobic 
digestion food waste-to-energy projects, and the conversion of animal 
waste products into industrial products or into raw materials that can 
be converted into finished products other than by anaerobic digestion 
or the production of bioethanol through fermentation. The Secretary 
shall not make or insure a loan under the preceding sentence to an 
entity that will use the amounts under the loan for an anaerobic 
digester that uses solely manure as undigested biomass, and shall give 
preference to loans under the preceding sentence for anaerobic 
digesters that use primarily nonedible food, crop waste, or nonedible 
food and crop waste as undigested biomass.''.

SEC. 503. EXPANSION OF RURAL UTILITIES SERVICE WATER AND WASTE DISPOSAL 
              PROGRAM TO PROVIDE LOANS AND GRANTS FOR RURAL COMMUNITIES 
              TO ADAPT WASTE DISPOSAL FACILITIES TO INCORPORATE 
              ANAEROBIC DIGESTION FOOD WASTE-TO-ENERGY OPERATIONS.

    Section 306 of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1926) is amended by inserting after subsection (b) the 
following:
    ``(c) Water or Waste Disposal Loans and Grants for Projects To 
Incorporate Anaerobic Digestion Food Waste-to-Energy Operations in 
Waste Disposal Facilities.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, beginning in fiscal year 2016, in addition to any other 
        amounts available for water or waste disposal loans and grants 
        under paragraphs (1) and (2) of subsection (a), $50,000,000 of 
        the funds of the Commodity Credit Corporation for each fiscal 
        year shall be available for those loans and grants, of which 
        the Secretary shall use--
                    ``(A) $25,000,000 for loans, in accordance with 
                paragraph (2), for the adaptation of waste disposal 
                facilities to incorporate anaerobic digestion food 
                waste-to-energy operations; and
                    ``(B) $25,000,000 for grants, in accordance with 
                paragraph (2), for the adaptation of waste disposal 
                facilities to incorporate anaerobic digestion food 
                waste-to-energy operations.
            ``(2) Requirements.--
                    ``(A) Definition of hunger-serving organization.--
                In this paragraph, the term `hunger-serving 
                organization' means a food bank, food pantry, or soup 
                kitchen (as those terms are defined in section 201A of 
                the Emergency Food Assistance Act of 1983 (7 U.S.C. 
                7501)).
                    ``(B) Requirements.--A loan or grant is made in 
                accordance with this paragraph if, before making the 
                loan or grant, the Secretary has obtained from the 
                recipient of the loan or grant--
                            ``(i) a written agreement entered into 
                        between the recipient and a hunger-serving 
                        organization providing that the recipient and 
                        the hunger-serving organization will work 
                        together to ensure that apparently wholesome 
                        food (as defined in section 22(b) of the Bill 
                        Emerson Good Samaritan Food Donation Act (42 
                        U.S.C. 1791(b))) provided to the recipient is 
                        redistributed to the hunger-serving 
                        organization for provision to people in need of 
                        food; and
                            ``(ii) a written end-product recycling plan 
                        that--
                                    ``(I) provides for the use of the 
                                material resulting from any anaerobic 
                                digestion food waste-to-energy 
                                operation with respect to which the 
                                loan or grant is made, in accordance 
                                with guidelines that the Administrator 
                                of the Environmental Protection Agency 
                                shall establish; and
                                    ``(II) ensures that the use of the 
                                material described in subclause (I) 
                                does not create an environmental 
                                hazard.
                    ``(C) Limitation.--A loan or grant under paragraph 
                (1) may not be used for an anaerobic digester that uses 
                solely manure as undigested biomass.
                    ``(D) Preference.--The Secretary shall give 
                preference to loans and grants under paragraph (1) for 
                anaerobic digesters that use primarily nonedible food, 
                crop waste, or nonedible food and crop waste as 
                undigested biomass.
            ``(3) Availability.--Funds made available under paragraph 
        (1) shall remain available until expended.''.

SEC. 504. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-TO-
              ENERGY PROJECTS.

    (a) In General.--Subtitle G of the Solid Waste Disposal Act (42 
U.S.C. 6971 et seq.) is amended by adding at the end the following:

``SEC. 7011. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-
              TO-ENERGY PROJECTS.

    ``(a) Grants.--The Administrator shall establish a grant program to 
award grants to States eligible to receive the grants under subsection 
(b)(2) to construct large-scale composting or anaerobic digestion food 
waste-to-energy projects.
    ``(b) Eligible States.--
            ``(1) Definition of hunger-serving organization.--In this 
        subsection, the term `hunger-serving organization' means a food 
        bank, food pantry, or soup kitchen (as those terms are defined 
        in section 201A of the Emergency Food Assistance Act of 1983 (7 
        U.S.C. 7501)).
            ``(2) Eligibility.--In order to be eligible to receive a 
        grant under this section, a State shall--
                    ``(A) limit the amount of food waste that may be 
                disposed of in landfills in the State;
                    ``(B) enter into a written agreement with a hunger-
                serving organization providing that the State and the 
                hunger-serving organization will work together to 
                ensure that apparently wholesome food (as defined in 
                section 22(b) of the Bill Emerson Good Samaritan Food 
                Donation Act (42 U.S.C. 1791(b)) provided to the State 
                for the project is redistributed to the hunger-serving 
                organization for provision to people in need of food; 
                and
                    ``(C) have in place a written end-product recycling 
                plan that--
                            ``(i) provides for the use of the material 
                        resulting from the project, in accordance with 
                        guidelines that the Administrator shall 
                        establish; and
                            ``(ii) ensures that the use of the material 
                        resulting from the project does not create an 
                        environmental hazard.
            ``(3) Limitation.--A grant under subsection (a) may not be 
        used for an anaerobic digester that uses solely manure as 
        undigested biomass.
            ``(4) Preference.--The Secretary shall give preference to 
        grants under subsection (a) for anaerobic digesters that use 
        primarily nonedible food, crop waste, or nonedible food and 
        crop waste as undigested biomass.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each fiscal 
year.''.
    (b) Clerical Amendment.--The table of contents for the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.) is amended by inserting after the 
item relating to section 7010 the following:

``Sec. 7011. Grants for composting and anaerobic digestion food waste-
                            to-energy projects.''.

SEC. 505. GOVERNMENT ACCOUNTABILITY OFFICE AUDIT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States (referred to 
in this section as the ``Comptroller General'') shall conduct an audit 
to assess estimates of postharvest food loss and waste in the United 
States, including estimates by the Department of Agriculture and other 
government, academic, and industry stakeholders.
    (b) Requirements.--The Comptroller General, as part of the audit 
conducted under subsection (a)--
            (1) shall--
                    (A) assess the extent to which the estimates 
                described in that subsection provide a valid benchmark 
                for the amount and value of postharvest food loss and 
                waste in the United States;
                    (B) evaluate the reliability of the data, and the 
                validity and accuracy of the assumptions and models, 
                underlying the estimates; and
                    (C) if appropriate, include recommendations to 
                improve the estimates; and
            (2) if the Comptroller General determines that the 
        estimates described in that subsection are invalid under 
        paragraph (1)(A), may conduct an estimate of postharvest food 
        loss and waste in the United States.
                                 <all>