[Congressional Record Volume 169, Number 177 (Thursday, October 26, 2023)]
[Senate]
[Pages S5214-S5215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Grassley):
  S. 3146. 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; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3146

       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.

[[Page S5215]]

       ``(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.
                                 ______