[Congressional Record Volume 157, Number 2 (Thursday, January 6, 2011)]
[Extensions of Remarks]
[Page E15]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INTRODUCTION OF THE SCHOOL FOOD RECOVERY ACT

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                          HON. THOMAS E. PETRI

                              of wisconsin

                    in the house of representatives

                       Thursday, January 6, 2011

  Mr. PETRI. Mr. Speaker, the purpose of this legislation is to make 
clear that schools participating in the school lunch program are 
legally allowed to donate excess food to local food banks.
  In 1996, Congress passed the Bill Emerson Good Samaritan Act, which 
protects donors who give to food banks in good faith from all liability 
except in cases of gross negligence or intentional misconduct. This 
landmark law has allowed businesses and civic organizations to donate 
critically-needed food to local food banks and food pantries.
  Despite this law, many schools and school districts have been 
hesitant to donate excess food from school lunches, primarily due to a 
misperception that U.S. Department of Agriculture regulations don't 
allow for excess food to be donated.
  Loudoun County, Virginia, in Congressman Frank Wolf's district, has 
expressed these reservations. That is why Congressman Wolf, an original 
cosponsor of this bill, reached out to work with me to help address 
this issue. I'm sure there are many other examples in congressional 
districts across the country.
  This is unfortunate as excess food is being thrown away rather than 
provided to food banks to support those in need. In many cases, 
students who rely on school lunches also rely on support from local 
food banks.
  The purpose of this bill is straightforward: to keep excess school 
food out of the garbage and get it into food banks. The bill will 
clarify that schools and school districts are permitted to donate 
excess food and that they are covered under the Good Samaritan Act when 
doing so.

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