[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2787 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2787
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 SENATE OF THE UNITED STATES
April 26, 2018
Mr. Hatch introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
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 2018''.
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) through (10) as
paragraphs (7) through (11), respectively;
(E) by inserting after paragraph (5) the following:
``(6) Good samaritan reduced price.--The term `good
Samaritan reduced price' means, with respect to the price of an
apparently wholesome food or an apparently fit grocery product,
a price that is an amount not greater than the cost of
handling, administering, and distributing the apparently
wholesome food or apparently fit grocery product.''; and
(F) by inserting after paragraph (11) (as
redesignated by subparagraph (D)) the following:
``(12) Qualified direct donor.--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
(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:
``(3) Direct donations to needy individuals.--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.''; and
(E) in paragraph (4) (as redesignated by
subparagraph (C)) by striking ``Paragraphs (1) and
(2)'' and inserting ``Paragraphs (1) through (3)''.
SEC. 3. REGULATIONS.
Not later than 180 days after the date of 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 an apparently wholesome
food and an apparently fit grocery product under section 22 of
the Child Nutrition Act of 1966 (42 U.S.C. 1791) (as amended by
section 2);
(2) promote awareness of food donation under that section;
and
(3) issue guidance with respect to the amendments made by
this Act.
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