[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9610-S9611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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           THE FOOD AND GROCERY PRODUCTS DONATION ACT OF 1996

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                        LEAHY AMENDMENT NO. 5148

  Mr. SANTORUM (for Mr. Leahy) proposed an amendment to the bill (H.R. 
2428) to encourage the donation of food and grocery products to 
nonprofit organizations for distribution to needy individuals by giving 
the Model Good Samaritan Food Donation Act the full force and effect of 
law.

       Beginning on page 2, strike line 16 and all that follows 
     through page 3, line 11, and insert the following:

[[Page S9611]]

       (C) by striking subsection (c) and inserting the following:
       ``(c) Liability for Damages From Donated Food and Grocery 
     Products.--
       ``(1) Liability of person or gleaner.--A person or gleaner 
     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 
     person or gleaner donates in good faith to a nonprofit 
     organization for ultimate distribution to needy individuals.
       ``(2) Liability of nonprofit organization.--A nonprofit 
     organization 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 nonprofit organization received as a 
     donation in good faith from a person or gleaner for ultimate 
     distribution to needy individuals.
       ``(3) Exception.--Paragraphs (1) and (2) shall not apply to 
     an injury to or death of an ultimate user or recipient of the 
     food or grocery product that results from an act or omission 
     of the person, gleaner, or nonprofit organization, as 
     applicable, constituting gross negligence or intentional 
     misconduct.''.
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                       KENNEDY AMENDMENT NO. 5149

  Mr. SANTORUM (for Mr. Kennedy) proposed an amendment to the bill, 
H.R. 2428, supra; as follows:

       On page 2, line 8, insert ``the title heading and'' before 
     ``sections''.
       On page 2, strike line 15 and insert the following: 
     Samaritan'';
       (C) in subsection (b)(7), to read as follows:
       ``(7) Gross negligence.--The term `gross negligence' means 
     voluntary and conscious conduct (including a failure to act) 
     by a person who, at the time of the conduct, knew that the 
     conduct was likely to be harmful to the health or well-being 
     of another person.'';
       On page 3, line 11, strike the period and insert ``; and''.
       On page 3, between lines 11 and 12, insert the following:
       (E) in subsection (f), by adding at the end the following: 
     ``Nothing in this section shall be construed to supercede 
     State or local health regulations.''
       On page 4, after line 1, insert the following:
       (c) Conforming Amendment.--The table of contents for the 
     National and Community Service Act of 1990 is amended by 
     striking the items relating to title IV.

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