[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2370 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2370

 To amend the Bill Emerson Good Samaritan Food Donation Act to provide 
 protection for the good faith donation of pet products, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2023

Mr. Warnock (for himself and Mr. Tillis) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Bill Emerson Good Samaritan Food Donation Act to provide 
 protection for the good faith donation of pet products, 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 ``Bring Animals Relief and Kibble Act 
of 2023'' or as the ``BARK Act of 2023''.

SEC. 2. LIABILITY FOR PET PRODUCT DONATIONS.

    The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) 
is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (4) through (11) 
                and (12) as paragraphs (5) through (12) and (15), 
                respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) Emotional support animal.--The term `emotional 
        support animal' means an animal that is--
                    ``(A) covered by the exclusion described in section 
                5.303 of title 24, Code of Federal Regulations (or a 
                successor regulation); and
                    ``(B) not a service animal.'';
                    (C) in paragraph (5) (as so redesignated), by 
                striking ``for human consumption'' and inserting the 
                following: ``for--
                    ``(A) human consumption; or
                    ``(B) consumption by a pet, emotional support 
                animal, or service animal'';
                    (D) in paragraph (8) (as so redesignated), by 
                inserting ``pet supply,'' after ``household cleaning 
                product,'';
                    (E) in paragraph (12) (as so redesignated), in the 
                first sentence, by inserting ``pet food supplier,'' 
                after ``farmer,'';
                    (F) by inserting after paragraph (12) (as so 
                redesignated) the following:
            ``(13) Pet.--The term `pet' means a domesticated animal, 
        such as a dog, cat, bird, rodent, fish, or turtle, that is kept 
        for pleasure rather than for commercial purposes.
            ``(14) Pet supply.--The term `pet supply' means tangible 
        personal property used for a pet, including a pet carrier, 
        crate, kennel, house, cage, article of clothing, bedding, toy, 
        collar, leash, lead, tie-out, feeder, bowl, dish, pet gate, and 
        pet door.''; and
                    (G) by adding at the end the following:
            ``(16) Service animal.--The term `service animal' has the 
        meaning given the term in section 36.104 of title 28, Code of 
        Federal Regulations (or a successor regulation).''; and
            (2) in subsection (c)--
                    (A) by redesignating paragraph (4) as paragraph 
                (5);
                    (B) by inserting after paragraph (3) the following:
            ``(4) Liability with respect to pets, service animals, or 
        emotional support animals.--
                    ``(A) Donations made.--A person or gleaner shall 
                not be subject to civil or criminal liability arising 
                from the nature, age, packaging, or condition of food 
                described in subsection (b)(5)(B) or pet supplies that 
                the person or gleaner donates in good faith to a 
                nonprofit organization or State or unit of local 
                government for direct distribution to pets, service 
                animals, or emotional support animals.
                    ``(B) Donations received.--A nonprofit organization 
                or State or unit of local government shall not be 
                subject to civil or criminal liability arising from the 
                nature, age, packaging, or condition of food described 
                in subsection (b)(5)(B) or pet supplies that the 
                nonprofit organization or State or unit of local 
                government receives as a donation in good faith from a 
                person or gleaner for direct distribution to pets, 
                service animals, or emotional support animals.''; and
                    (C) in paragraph (5) (as so redesignated)--
                            (i) by striking ``and (3)'' and inserting 
                        ``(3), and (4)''; and
                            (ii) by inserting ``State or local 
                        government,'' after ``gleaner,''; and
            (3) in subsection (d), by inserting ``, pets, service 
        animals, or emotional support animals'' after ``needy 
        individuals''.
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