[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 952 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 952
To amend the Child Nutrition Act of 1966 to clarify and expand food
donation under the Bill Emerson Good Samaritan Food Donation Act, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2017
Ms. Fudge (for herself, Mr. Newhouse, Ms. Pingree, and Mr. McGovern)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Child Nutrition Act of 1966 to clarify and expand food
donation under the Bill Emerson Good Samaritan Food Donation Act, 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.
This Act may be cited as the ``Food Donation Act of 2017''.
SEC. 2. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.
Section 22 of the Child Nutrition Act of 1966 (42 U.S.C. 1791) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``quality and labeling''
and inserting ``safety and safety-related
labeling''; and
(ii) by inserting ``being past date
label,'' after ``surplus,'';
(B) in paragraph (2)--
(i) by striking ``quality and labeling''
and inserting ``safety and safety-related
labeling''; and
(ii) by inserting ``being past date
label,'' after ``surplus,'';
(C) in paragraph (3), by striking ``not required to
give anything of monetary value'' and inserting ``not
required to give anything of monetary value or is
charged a good Samaritan Reduced Price'';
(D) by redesignating paragraphs (6), (7), (8), (9),
and (10) as paragraphs (7), (8), (9), (10), and (11),
respectively; and
(E) by inserting after paragraph (5) the following
new paragraph:
``(6) Good samaritan reduced price.--The term `good
Samaritan reduced price' means an apparently wholesome food or
an apparently fit grocery product that is priced at an amount
not greater than the cost of handling, administering, and
distributing such apparently wholesome food or apparently fit
grocery product.''; and
(2) in subsection (c)--
(A) in paragraph (1) by inserting ``or sells at a
good Samaritan reduced price'' after ``donates in good
faith'';
(B) in paragraph (2) by inserting ``or sale at a
good Samaritan reduced price'' after ``ultimate
distribution'';
(C) by redesignating paragraph (3) as paragraph
(4);
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) Direct donations to needy individuals.--
``(A) In general.--A qualified direct donor 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 qualified direct donor donates in good
faith or sells at a good Samaritan reduced price to a
needy individual.
``(B) Qualified direct donors defined.--In this
paragraph, the term `qualified direct donor' means a
retail grocer, wholesaler, agricultural producer,
restaurant, caterer, school food authority, or
institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C.
1002)).''; and
(E) in paragraph (4), as redesignated by
subparagraph (C), by striking ``Paragraphs (1) and
(2)'' and inserting ``Paragraphs (1), (2), and (3)''.
SEC. 3. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Agriculture shall--
(1) in consultation with the Secretary of Health and Human
Services, issue regulations with respect to the safety and
safety-related labeling standards of apparently wholesome food
and an apparently fit grocery product under section 22 of the
Child Nutrition Act of 1966 (42 U.S.C. 1791);
(2) promote awareness of food donation under such section;
and
(3) issue guidance with respect to the amendments made by
this Act.
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