[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3146 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3146

    To amend the Agricultural Marketing Act of 1946 to establish a 
    voluntary program to reduce food loss and waste, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2023

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

_______________________________________________________________________

                                 A BILL


 
    To amend the Agricultural Marketing Act of 1946 to establish a 
    voluntary program to reduce food loss and 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.

    This Act may be cited as the ``Reduce Food Loss and Waste Act''.

SEC. 2. FOOD LOSS AND WASTE CERTIFICATION PROGRAM.

    Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 
et seq.) is amended by adding at the end the following:

``SEC. 210B. FOOD LOSS AND WASTE CERTIFICATION PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Apparently wholesome food.--The term `apparently 
        wholesome food' has the meaning given the term in subsection 
        (b) of the Bill Emerson Good Samaritan Food Donation Act (42 
        U.S.C. 1791(b)).
            ``(2) Certified participant.--The term `certified 
        participant' means an eligible participant that has been 
        certified under subsection (d).
            ``(3) Eligible participant.--The term `eligible 
        participant' means--
                    ``(A) a contractor that has entered into a contract 
                with an executive agency, the Senate, or the House of 
                Representatives for the provision, service, or sale of 
                food in the United States;
                    ``(B) a State, local, municipal, or Tribal 
                government;
                    ``(C) a corporation, partnership, organization, or 
                association;
                    ``(D) a farm or a food producer, manufacturer, 
                processor, holder, or packer;
                    ``(E) a retail grocer;
                    ``(F) a restaurant or similar food service 
                establishment;
                    ``(G) an institution of higher education or a 
                consortium of those institutions; or
                    ``(H) a primary or secondary school or a consortium 
                of those institutions.
            ``(4) Excess.--The term `excess', with respect to food, 
        means that the food would otherwise be discarded.
            ``(5) Food.--The term `food' means food (as defined in 
        section 201 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 321)) that is intended for human consumption.
            ``(6) Program.--The term `program' means the Food Loss and 
        Waste Reduction Certification Program established under 
        subsection (b).
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
    ``(b) Establishment.--The Secretary shall establish a voluntary 
program, to be known as the `Food Loss and Waste Reduction 
Certification Program'--
            ``(1) to certify eligible participants in accordance with 
        subsection (d); and
            ``(2) to promote certified participants in accordance with 
        subsection (e).
    ``(c) Purposes.--The purposes of the program are--
            ``(1) to reduce food loss and waste;
            ``(2) to increase donations of excess, apparently wholesome 
        food to nonprofit organizations that provide food assistance to 
        individuals in need; and
            ``(3) to increase the use of alternative disposal methods 
        for food, such as redirection to animal feed, anaerobic 
        digestion, and composting.
    ``(d) Certification.--
            ``(1) Criteria.--
                    ``(A) In general.--
                            ``(i) Establishment and publication.--Not 
                        later than 18 months after the date of 
                        enactment of the Reduce Food Loss and Waste 
                        Act, the Secretary shall establish and publish 
                        in the Federal Register criteria for the 
                        certification of an eligible participant under 
                        the program.
                            ``(ii) Inclusions.--Criteria described in 
                        clause (i) shall include the submission to a 
                        third-party certifier accredited under 
                        paragraph (3) of documentation from 12 
                        consecutive months on the quantity of food that 
                        the eligible participant--
                                    ``(I) has donated to nonprofit 
                                organizations that provide food 
                                assistance for individuals in need; or
                                    ``(II) has sent to be disposed of.
                    ``(B) Stakeholder input.--The Secretary shall 
                solicit comments from interested parties prior to the 
                establishment or revision of the criteria described in 
                subparagraph (A).
                    ``(C) Revisions.--
                            ``(i) In general.--The Secretary shall 
                        revise the criteria described in subparagraph 
                        (A) on a periodic basis.
                            ``(ii) Publication.--The Secretary shall 
                        publish in the Federal Register criteria 
                        revised under clause (i) not later than 270 
                        days before the effective date of the revised 
                        criteria, including an explanation of the 
                        revisions.
            ``(2) Accreditation bodies.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the Reduce Food Loss and Waste 
                Act, the Secretary shall establish a process to 
                recognize accreditation bodies to accredit third-party 
                certifiers under paragraph (3)(A).
                    ``(B) Standards.--The Secretary shall recognize an 
                accreditation body under subparagraph (A) if the 
                accreditation body meets such standards as the 
                Secretary shall establish.
            ``(3) Third-party certifiers.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the Reduce Food Loss and Waste 
                Act, the Secretary shall establish a process for 
                accreditation bodies recognized under paragraph (2) to 
                accredit third-party certifiers to review and certify 
                eligible participants under the program.
                    ``(B) Standards.--An accreditation body recognized 
                under paragraph (2) shall accredit a third-party 
                certifier under subparagraph (A) if the third-party 
                certifier meets such standards as the Secretary shall 
                establish.
                    ``(C) Preference.--In accrediting third-party 
                certifiers under subparagraph (A), an accreditation 
                body recognized under paragraph (2) shall give 
                preference to institutions of higher education that 
                have expertise in food loss and waste reduction.
                    ``(D) Certification.--A third-party certifier 
                accredited under subparagraph (A) shall review and 
                certify an eligible participant under the program if 
                the eligible participant meets the criteria established 
                under paragraph (1).
            ``(4) Publication.--The Secretary shall maintain on a 
        publicly available website of the Department of Agriculture--
                    ``(A) a list of accreditation bodies recognized 
                under paragraph (2); and
                    ``(B) a list of third-party certifiers accredited 
                under paragraph (3).
    ``(e) Promotion.--
            ``(1) In general.--The Secretary shall promote a certified 
        participant under the program, including through--
                    ``(A) voluntary labeling established under 
                paragraph (2); and
                    ``(B) such other communications as the Secretary 
                determines to be appropriate relating to the products, 
                buildings, practices, and policies of the certified 
                participant, such as--
                            ``(i) publication on the website of the 
                        Department of Agriculture of information 
                        relating to the certified participant; and
                            ``(ii) holding events to promote the 
                        certified participant or otherwise relating to 
                        the program.
            ``(2) Voluntary labeling.--The Secretary shall establish 1 
        or more voluntary labels that indicate that a certified 
        participant is certified under the program.
    ``(f) Interagency Coordination.--The Secretary shall carry out this 
section in coordination with the Commissioner of Food and Drugs and the 
Administrator of the Environmental Protection Agency, in accordance 
with the memorandum of understanding revised under section 3 of the 
Reduce Food Loss and Waste Act.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, including for the hiring of 
additional personnel, $3,000,000 for each of fiscal years 2024 through 
2028, to remain available until expended.''.

SEC. 3. MEMORANDUM OF UNDERSTANDING.

    The Secretary of Agriculture, the Commissioner of Food and Drugs, 
and the Administrator of the Environmental Protection Agency shall 
revise, in accordance with section 210B of the Agricultural Marketing 
Act of 1946 (as added by section 2), the agreement signed on December 
17, 2020, relating to cooperation and coordination on food loss and 
waste.
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