[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1680 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1680

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2017

 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 2017''.
    (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 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 Food Recovery Liaison.
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. Modification of National School Lunch Program procurement 
                            requirements to encourage purchase of 
                            lower-price, nonstandard-size or -shape 
                            produce.
Sec. 305. Farm to school grant program to improve access to local foods 
                            in schools and reduce food waste.
                      TITLE IV--FOOD DATE LABELING

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

Sec. 501. Support for national media campaigns to decrease 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 food waste management infrastructure.
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 relating to installation of anaerobic 
        digesters.--In the case of a loan guarantee or grant provided 
        under this subsection to an agricultural producer or rural 
        small business to support the installation of an anaerobic 
        digester that will use food waste in addition to manure to 
        produce renewable energy, the Secretary shall obtain from the 
        recipient of the loan guarantee or grant--
                    ``(A) a written commitment that the recipient has 
                read and agrees to comply with the Food Recovery 
                Hierarchy of the Environmental Protection Agency, 
                particularly as applied to apparently wholesome food 
                (as defined in section 22(b) of the Child Nutrition Act 
                of 1966 (42 U.S.C. 1791(b))) that may be provided to, 
                or received by, the recipient; and
                    ``(B) a written end-product recycling plan that 
                provides for the beneficial use of the material 
                resulting from the anaerobic digester, in a manner that 
                meets all applicable Federal, State, and local laws 
                safeguarding human health and the environment.''.
    (b) 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 through 2018; and''; and
            (3) by adding at the end the following:
                    ``(F) $70,000,000 for fiscal year 2019 and each 
                fiscal year thereafter, of which not less than 
                $20,000,000 shall be reserved for use for loan 
                guarantees and grants described in subsection 
                (c)(5).''.

SEC. 102. FARM STORAGE FACILITY LOAN PROGRAM.

    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 and other means to reduce food waste,''.

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 (including an activity that does 
                not require the use of a composting facility) to 
                produce compost from organic waste that is--
                            ``(i) generated on a farm; or
                            ``(ii) brought to a farm from the nearby 
                        community; and
                    ``(B) the use of compost on a farm to improve water 
                retention and soil health, subject to the condition 
                that such a use shall be in compliance with applicable 
                Federal, State, and local laws.''.
    (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.
    (d) Delivery of Technical Assistance.--Section 1242(h) of the Food 
Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the 
end the following:
            ``(4) Development of composting practice standard.--In 
        addition to conducting a review of any composting facilities 
        practice standard under this subsection, the Secretary shall 
        develop and implement a composting practice standard.''.

SEC. 104. STUDY AND REPORT ON METHODS TO DECREASE 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 regarding--
            (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.

    (a) In General.--The Bill Emerson Good Samaritan Food Donation Act 
(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 ``passage of a date on a 
                        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 ``passage of a date on a 
                        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 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:
            ``(6) Good samaritan reduced price.--The term `good 
        Samaritan reduced price' means the price of an apparently 
        wholesome food or an apparently fit grocery product that is an 
        amount not greater than the cost of handling, administering, 
        and distributing the 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 from a sale 
                at a good Samaritan reduced price'' after ``donation in 
                good faith'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4);
                    (D) by inserting after paragraph (2) the following:
            ``(3) Direct donations to needy individuals.--
                    ``(A) In general.--A qualified direct donor 
                described in subparagraph (B) 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 donor described.--A 
                qualified direct donor referred to in subparagraph (A) 
                is 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)''.
    (b) Regulations; Guidance.--Not later than 180 days after the date 
of enactment of this Act, the Secretary 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 an apparently wholesome 
        food and an apparently fit grocery product under the Bill 
        Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) (as 
        amended by subsection (a));
            (2) promote awareness of food donation under that Act (as 
        amended by subsection (a)); and
            (3) issue guidance with respect to the amendments made by 
        subsection (a).

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 designation and heading and all 
        that follows through ``available to the States'' in the first 
        sentence of subsection (a)(1) and inserting the following:

``SEC. 204. FUNDS FOR STATE STORAGE AND DISTRIBUTION COSTS.

    ``(a) Authorization.--
            ``(1) Processing, storage, transport, and distribution.--
                    ``(A) In general.--Using funds of the Commodity 
                Credit Corporation, the Secretary shall make available 
                to the States $100,000,000 for fiscal year 2018 and 
                each fiscal year thereafter'';
            (2) in subsection (a)(1)--
                    (A) in the second sentence, by striking ``Funds 
                appropriated'' and inserting the following:
                    ``(B) Method of allocation.--Funds made 
                available''; and
                    (B) in the third sentence, by striking ``If a 
                State'' and inserting the following:
                    ``(C) Unused funds.--If a State''; and
            (3) in subsection (b)--
                    (A) by striking ``(b) The value'' and inserting the 
                following:
    ``(b) Treatment.--The value''; and
                    (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 FOOD RECOVERY LIAISON.

    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. FOOD RECOVERY LIAISON.

    ``(a) Establishment.--The Secretary shall establish within the 
Office of the Secretary a Food Recovery Liaison to coordinate Federal 
programs to measure and reduce the incidence of food waste in 
accordance with this section.
    ``(b) Duties.--The Food Recovery Liaison shall--
            ``(1) coordinate food waste reduction efforts with other 
        Federal agencies, including--
                    ``(A) the Environmental Protection Agency; and
                    ``(B) the Food and Drug Administration;
            ``(2) support and promote Federal programs to measure and 
        reduce the incidence of food waste;
            ``(3) provide information to, and serve as a resource for, 
        entities engaged in food recovery concerning the availability 
        of, and eligibility requirements for, participation in Federal 
        programs;
            ``(4) raise awareness of food recovery issues in 
        interactions with employees of the Department; and
            ``(5) 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 
                the subparagraphs appropriately;
                    (B) in the matter preceding subparagraph (A) (as so 
                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 2017, 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 so 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 
        2017 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 to be the head 
                of the House of Representatives; and
                    ``(B) the Secretary of the Senate shall be 
                considered to be the head of the Senate.
    ``(d) Data; Reports.--
            ``(1) Data.--The head of each executive agency shall 
        collect data on the quantity 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 (b)(4), by inserting ``to promote 
        agricultural education, to raise awareness regarding the 
        consequences of wasted food, and to encourage the 
        implementation of food recovery initiatives to reduce the 
        quantity of wasted food'' before the semicolon;
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (C), by striking ``and 
                        where food comes from; and'' and inserting ``, 
                        where food comes from, the consequences of food 
                        waste, and food recovery initiatives;'';
                            (ii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) have the capacity to carry out national or 
                regional projects that include 2 or more States.''; and
                    (B) by adding at the end the following:
            ``(3) Reservation.--The majority of the funds made 
        available to carry out this subsection shall be reserved for 
        projects that--
                    ``(A) are larger in scale as compared to other 
                proposed projects;
                    ``(B) are national or regional in scope; and
                    ``(C) include 2 or more States.''; and
            (3) in subsection (e)(1), by striking ``$25,000,000, to 
        remain available until expended'' and inserting ``$5,000,000 
        for each of fiscal years 2018 through 2022''.

SEC. 304. 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 under 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''.

SEC. 305. FARM TO SCHOOL GRANT PROGRAM TO IMPROVE ACCESS TO LOCAL FOODS 
              IN SCHOOLS AND REDUCE FOOD WASTE.

    Section 18(g)(3) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769(g)(3)) is amended--
            (1) in subparagraph (A)(v), by inserting ``and reducing 
        food waste at both the school and farm levels'' before the 
        semicolon at the end; and
            (2) by adding at the end the following:
                    ``(D) Priority for projects with food waste 
                plans.--In making awards under this subsection, the 
                Secretary shall give priority to eligible schools that 
                have in effect a plan to reduce or recover food 
                waste.''.

                      TITLE IV--FOOD DATE LABELING

SEC. 401. 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 the product remains 
        apparently wholesome food (as defined in section 22(b) of the 
        Child Nutrition Act of 1966 (42 U.S.C. 1791(b))).
            (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 high-risk 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. 402. 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 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 that 
        meets the criteria established under paragraph (3)(A) shall 
        include a safety date determined under paragraph (3)(B) that is 
        immediately preceded by the uniform safety date label phrase 
        under paragraph (2).
            (2) Uniform phrase.--The uniform safety date label phrase 
        under this paragraph shall be ``USE By'', 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.--The administering 
        Secretaries, acting jointly, shall issue guidance--
                    (A) establishing criteria for determining the 
                conditions under which ready-to-eat products may have a 
                high level of risk associated with consumption after a 
                certain date; and
                    (B) for determining safety dates for high-risk 
                ready-to-eat products described in subparagraph (A).
    (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; and
                    (B) 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.
            (3) Abbreviations.--A food labeler may use a standard 
        abbreviation of ``BB'' and ``UB'' for the quality date and 
        safety date, respectively, only if the food packaging is too 
        small to include the uniform phrase described in subsection 
        (a)(2) or (b)(2), as applicable.
            (4) Freeze by.--A food labeler may add ``or Freeze By'' 
        following a quality date or safety date uniform phrase 
        described in subsection (a)(2) or (b)(2), as applicable.
    (d) Sale or Donation After Quality Date.--The sale, donation, or 
use of any product shall not be prohibited based on passage of the 
quality date of the product.
    (e) 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.
    (f) Rule of Construction; Preemption.--
            (1) Rule of construction.--Nothing in this section 
        prohibits 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 Act, any amendment made by 
        this Act, or any standard or requirement imposed pursuant to 
        this Act preempts, displaces, or supplants 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.
    (g) Time Temperature Indicator Labels.--Nothing in this section 
prohibits or restricts the use of time-temperature indicator labels or 
similar technology that is consistent with the requirements of this 
Act.

SEC. 403. 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 402 of the Food 
Recovery Act of 2017 (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 402 of the Food Recovery Act of 2017.''.
    (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 402 of the Food Recovery Act of 2017.''.
    (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 402 of the Food Recovery Act of 2017''.

SEC. 404. REGULATIONS AND GUIDANCE.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the administering Secretaries, acting jointly, shall--
            (1) promulgate final regulations for carrying out this 
        title and the amendments made by this title (other than section 
        402(b)(3)); and
            (2) issue the guidance required by section 402(b)(3).
    (b) Updates to Guidance.--Not less frequently than once every 4 
years, the administering Secretaries, acting jointly, shall review and, 
as the administering Secretaries determine to be appropriate, update 
the guidance required by section 402(b)(3).

SEC. 405. DELAYED APPLICABILITY.

    This title and the amendments made by this title shall apply only 
with respect to food products that are labeled on or after the date 
that is 2 years after the date on which final regulations are 
promulgated under section 404(a)(1).

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 rates of compliance of food 
labelers with the food date labeling requirements under this title and 
the amendments made by this title.

              TITLE V--CONSUMERS AND LOCAL INFRASTRUCTURE

SEC. 501. SUPPORT FOR NATIONAL MEDIA CAMPAIGNS TO DECREASE 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 2018.
            (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 2017, 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) In general.--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 commitment that the 
                        recipient has read and agrees to comply with 
                        the Food Recovery Hierarchy of the 
                        Environmental Protection Agency, particularly 
                        as applied to apparently wholesome food (as 
                        defined in section 22(b) of the Child Nutrition 
                        Act of 1966 (42 U.S.C. 1791(b))) that may be 
                        provided to or received by the recipient; and
                            ``(ii) a written end-product recycling plan 
                        that provides for the beneficial 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 a manner 
                        that meets all applicable Federal, State, and 
                        local laws that protect human health and the 
                        environment.
                    ``(B) Limitation.--A loan or grant under paragraph 
                (1) may not be used for an anaerobic digester that uses 
                solely manure as undigested biomass.
                    ``(C) 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 FOOD WASTE MANAGEMENT INFRASTRUCTURE.

    (a) Grants.--
            (1) In general.--The Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency, shall 
        establish a program under which the Secretary shall provide 
        grants to reduce food waste in accordance with the Food 
        Recovery Hierarchy of the Environmental Protection Agency (or a 
        successor document), including for--
                    (A) the development and implementation of a State 
                organic waste reduction plan;
                    (B) food waste prevention and food rescue 
                infrastructure facilities, including storage, handling, 
                and transportation facilities; or
                    (C) subject to paragraph (3), large-scale 
                composting or anaerobic digestion food waste-to-energy 
                projects, excluding landfills.
            (2) Preferences.--In providing grants under paragraph (1), 
        the Secretary shall give preference to projects--
                    (A)(i) for the purpose described in paragraph 
                (1)(A); or
                    (ii) that are consistent with a State organic waste 
                reduction plan; and
                    (B) in the case of a project for the purpose 
                described in paragraph (1)(C), that use food scraps as 
                undigested biomass.
            (3) Requirement for food waste-to-energy projects.--To 
        receive a grant under paragraph (1)(C), a large-scale 
        composting or anaerobic digestion food waste-to-energy project 
        shall have in effect a written end-product recycling plan 
        that--
                    (A) provides for the use of the material resulting 
                from the project, in accordance with guidelines that 
                the Administrator of the Environmental Protection 
                Agency shall establish; and
                    (B) ensures that the use of the material resulting 
                from the project does not create an environmental 
                hazard.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each fiscal 
year.

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.
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