[House Report 104-661]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-661
_______________________________________________________________________


 
             BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT
_______________________________________________________________________


  July 9, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Goodling, from the Committee on Economic and Educational 
                 Opportunities, submitted the following

                              R E P O R T

                        [To accompany H.R. 2428]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Economic and Educational Opportunities, to 
whom was referred 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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. CONVERSION TO PERMANENT LAW OF MODEL GOOD SAMARITAN FOOD 
                    DONATION ACT AND TRANSFER OF THAT ACT TO CHILD 
                    NUTRITION ACT OF 1966.

    (a) Conversion to Permanent Law.--Title IV of the National and 
Community Service Act of 1990 is amended--
          (1) by striking sections 401 and 403 (42 U.S.C. 12671 and 
        12673); and
          (2) in section 402 (42 U.S.C. 12672)--
                  (A) in the section heading, by striking ``MODEL'' and 
                inserting ``BILL EMERSON'';
                  (B) in subsection (a), by striking ``Good Samaritan'' 
                and inserting ``Bill Emerson Good Samaritan''; and
                  (C) in subsection (c)--
                          (i) by striking ``A person or gleaner'' and 
                        inserting the following:
          ``(1) Liability of person or gleaner.--A person or gleaner'';
                          (ii) by striking ``needy individuals,'' and 
                        inserting ``needy individuals.'';
                          (iii) by inserting after ``needy 
                        individuals.'' (as added by clause (ii)) the 
                        following:
          ``(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.''; and
                          (iv) by striking ``except that this 
                        paragraph'' and inserting the following:
          ``(3) Exception.--Paragraphs (1) and (2)''.
    (b) Transfer to Child Nutrition Act of 1966.--Section 402 of the 
National and Community Service Act of 1990 (42 U.S.C. 12672) (as 
amended by subsection (a))--
          (1) is transferred from the National and Community Service 
        Act of 1990 to the Child Nutrition Act of 1966;
          (2) is redesignated as section 22 of the Child Nutrition Act 
        of 1966; and
          (3) is added at the end of such Act.

                                Purpose

    The purpose of this bill is 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.

                        Explanation of Amendment

    The provisions of the amendment in the nature of a 
substitute are explained in this report.

                            Committee Action

    On Friday, May 31, 1996, the Subcommittee on Postsecondary 
Education, Training and Life-Long Learning held a hearing on 
H.R. 2428, the Bill Emerson Good Samaritan Food Donation Act. 
Witnesses at the hearing included: Representative Bill Emerson 
(R-MO); Representative Pat Danner (D-MO); Christine 
Vladimiroff, President, Second Harvest National Food Bank 
Network; Henry Cohen, Legislative Attorney, Congressional 
Research Service; Christina Martin, Executive Director, 
Foodchain (The Network of prepared and Perishable Food Rescue 
Programs).

                            Committee Views

                 A. Background and Need for Legislation

    Section 401 of the National and Community Service Act of 
1990 expresses the sense of Congress that each of the 50 states 
consider enactment of the Model Good Samaritan Food Donation 
Act. The central provision of the Model Good Samaritan Food 
Donation Act provides that a person or gleaner (a person who 
harvests for free distribution to the needy) 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 
distributes in good faith to a non-profit organization for 
ultimate distribution to needy individuals. This immunity does 
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 donor constituting gross negligence or 
intentional misconduct.
    All fifty states generally hold one who distributes food or 
any other defective product, the defective aspect of which 
causes injury, to be strictly liable, which means liable even 
in the absence of negligence. All fifty states, however, have 
exceptions to this general rule, including statutes that limit 
the liability of food donors. These statutes were all 
originally enacted even before the 1990 federal Model Good 
Samaritan Food Donation Act. In introducing the Model Good 
Samaritan Food Donation Act, Senator Don Nickles noted that the 
state ``statutes vary significantly in the degree of coverage 
which they provide,'' and that many ``potential food and 
grocery store donors are national in scope'' (Congressional 
Record, March 1, 1990).
    According to a ``Summary of Good Samaritan Food Donation 
Statutes,'' (prepared by the law firm of Winthrop, Stimson, 
Putnam and Roberts in 1992 for ``Share our Strength,'' a non-
profit hunger relief organization), all fifty states and the 
District of Columbia have enacted various forms of Good 
Samaritan Food Donation Statutes. Thirty-three states and the 
District of Columbia protect the donor from civil and criminal 
liability, while seventeen states only protect the donor from 
civil liability. These laws do, however, vary with respect to 
the types of food covered and the definition of donor and good 
faith.
    Some state statutes, such as the California Food and 
Agricultural Code, provide for liability only for gross 
negligence or intentional acts. Others, such as the 
Pennsylvania Statutes Annotated, retain liability for 
negligence and eliminate it only for lawsuits based solely on 
strict liability. New York Agriculture and Market law 
represents a third variation. It immunizes a donor from 
liability if the donor ``reasonably inspects the food at the 
time of donation'' and has no ``actual or constructive 
knowledge'' that the food is tainted. A donor in New York 
conceivably could comply with these conditions yet still be 
negligent in some other manner and avoid liability.
    As a result of these varied laws, many potential donors 
hesitate to donate food. In her testimony before the Committee, 
Christina Vladimiroff, President and CEO of the Second Harvest 
National Food Bank Network, said, ``Our experience is clear. 
There are companies that want to donate food and grocery 
products, but are fearful of contributing because of the 
varying state laws regarding their liability for what would 
otherwise be a generous act of donation.''
    In his testimony, Representative Bill Emerson stated, 
``Private companies are too often faced with different state 
laws governing food donation. These differences can stand 
between a willing donor and a needy family. I urge this 
Subcommittee to lift this barrier so that this assistance can 
continue and perhaps grow, thereby helping needy families.''
    Representative Pat Danner continued this sentiment by 
stating, ``Currently there are individual good Samaritan laws 
in each state and the District of Columbia. This system of 
state laws, however, has required regional or national 
companies to devote sometimes scarce resources toward adopting 
donation plans and complying with various states' statutes. 
Unfortunately, some businesses have cited this patchwork of 
laws as a reason for abandoning this valuable service that 
contributes to our people's needs.''
    Another witness before the Committee, the Executive 
Director of Foodchain, Christine Martin, said, ``several 
national food companies were sympathetic to the idea of food 
rescue, but expressed deep concerns about liability. In effect, 
they sought one law that would cover all of their 
establishments coast to coast.''
    It is the view of the Committee that providing the Bill 
Emerson Good Samaritan Food Donation Act the full force of 
federal law will provide the necessary consistency across the 
States to encourage the donation of food to help the needy.

                   B. Paying Tribute to Bill Emerson

    The Committee believes that this bill will bring people 
together to promote the greater good for their communities. 
This is exactly what the career of our late, beloved colleague 
Bill Emerson was all about. That is why we have renamed this 
legislation the ``Bill Emerson Food Donation Act,'' as a 
tribute to this fine man and his commitment to the improving 
our nation's nutrition programs. Bill Emerson was a true 
patriot, and great Member of Congress. He was a man of the 
highest character who devoted himself to the cause of reducing 
hunger and to making this country, and this House, a better 
place. He worked very hard to have this bill actively 
considered during the 104th Congress and it is a fitting 
tribute that this Act be named in his honor.

            C. Inclusion as Part of the Child Nutrition Act

    The Committee believes the enactment of this law will 
compliment existing federal nutrition programs in providing for 
the nutritional needs of low income individuals and their 
families. As such, we have removed the Bill Emerson Good 
Samaritan Food Donation Act from the National and Community 
Service Act and included it as a section of the Child Nutrition 
Act of 1966. The intent of this Act is more closely aligned 
with the intent of the Child Nutrition Act; i.e., addressing 
the nutritional needs of low income individuals.

              D. Covering the Distributors of Donated Food

    During his testimony before the Committee, Henry Cohen, 
Legislative Attorney, American Law Division, Congressional 
Research Service, stated, ``The thing that H.R. 2428 would not 
do (because the model act does not address the matter) is to 
limit the liability of nonprofit organizations that distribute 
donated food. A majority, but not all, of the states limit the 
liability of such organizations.'' The Committee believes that 
this is an issue which should be addressed and, therefore, has 
modified the Bill Emerson Good Samaritan Food Donation Act to 
limit the liability of nonprofit organizations that distribute 
donated food.

           E. Setting a Liability Floor for Gross Negligence

    The bill sets a liability floor of gross negligence for 
persons who donate food. Gross negligence is defined as 
``voluntary and conscious conduct by a person with knowledge 
(at the time of the conduct) that the conduct is likely to be 
harmful to the health or well-being of another person.'' Often 
food donations are made by grocery stores, food wholesalers, 
caterers, and the like, when the food has fallen below the 
donator's quality or appearance standards but the food is still 
wholesome. It may also happen that processed food is donated at 
or near the ``freshness date'' or ``code date'' on the box or 
container. However, because donated food is reconditioned and 
often used quickly after donation, many factors must be 
considered when determining what is and is not gross 
negligence.
    The Committee recognizes that the provision of food that is 
close to the date of recommended retail sale in and of itself 
is not grounds for finding gross negligence. Instead, the gross 
negligence of a donator should depend upon many factors. A 
finding of gross negligence depends upon the type of food 
involved. For example, a box of cereal that is provided to a 
food pantry just before or even just after the date of retail 
sale would be perfectly safe for consumption, whereas a carton 
of milk or container of fresh poultry that is donated just 
beyond the retail sales date could be dangerous to a person's 
health. Similarly, fresh product ages differently than canned 
product.
    The end user of the donated food must also be taken into 
account. Bruised fruit that is carefully prepared and used the 
day of donation at a soup kitchen is very different from 
produce put into take-home bags at the food pantry and consumed 
later by patrons. The Committee believes all of these factors 
must be considered when deciding whether or not a food donator 
is liable for gross negligence under the bill.

                                Summary

    The Bill Emerson Good Samaritan Food Donation Act requires 
States to adopt legislation to protect those who donate food in 
good faith from civil or criminal liability should such donated 
food later cause harm to recipients. It does not provide such 
protections in instances of gross negligence or intentional 
harm.

                           Section by Section

    Sec. 1. Converts the current model Good Samaritan Food 
Donation Act to permanent law and transfers the Act to the 
Child Nutrition Act of 1966. Renames the Model Good Samaritan 
Food Donation Act the ``Bill Emerson Good Samaritan Food 
Donation Act.'' It amends the current model Act to provide 
protection to nonprofit organizations which distribute donated 
food.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives and clause 2(b)(1) of 
rule X of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in the body of this report.

                     Inflationary Impact Statement

    In compliance with clause 2(l)(4) of Rule XI of the Rules 
of the House of Representatives, the Committee estimates that 
the enactment into law of H.R. 2428 will have no significant 
inflationary impact on prices and costs in the operation of the 
national economy. It is the judgment of the Committee that the 
inflationary impact of this legislation as a component of the 
federal budget is negligible.

                    Government Reform and Oversight

    With respect to the requirement of clause 2(l)(3)(D) of 
Rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2428.

                           Committee Estimate

    Clause 7 of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2428. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                Application of Law to Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. This bill is designed 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. 
This bill does not prohibit legislative branch employees from 
receiving the benefits of this legislation.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget & Impoundment 
Control Act requires a statement of whether the provisions of 
the reported bill include unfunded mandates. The Committee 
received a letter regarding unfunded mandates from the Director 
of the Congressional Budget Office. See infra.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the House of Representatives and section 308(a) of 
the Congressional Budget Act of 1974 and with respect to 
requirements of clause 2(l)(3)(C) of rule XI of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 2428 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 3, 1996.
Hon. William F. Goodling,
Chairman, Committee on Economic and Educational Opportunities, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office (CBO) 
has reviewed H.R. 2428, the Bill Emerson Good Samaritan Food 
Donation Act. The bill was ordered reported by the Committee on 
Economic and Educational Opportunities on June 26, 1996. It 
would limit the degree of liability individuals, companies, and 
nonprofit organizations could face for damages from donated 
food and grocery products.
    CBO estimates that enactment of H.R. 2428 would have no 
significant effect on the federal budget. Because the bill 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply.
    H.R. 2428 contains one mandate on state and local 
governments as defined in Public Law 104-4. The bill would 
preempt civil and criminal liability laws of state and local 
governments that deal with the donation of food and grocery 
products to nonprofit organizations. As a result of the 
preemption, states and localities could lose some income from 
civil and criminal penalties. However, based on information 
from the National Association of Attorneys General and Second 
Harvest, a national network of food banks, CBO estimates that 
any such loses would be negligible.
    The bill contains no private-sector mandates as defined in 
Public Law 104-4.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO federal cost analyst is 
Dorothy Rosenbaum, the state and local cost analyst is John 
Patterson, and the private-sector cost analyst is Jay Noell.
            Sincerely,
                                          Paul Van de Water
                                   (For June E. O'Neill, Director).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

               NATIONAL AND COMMUNITY SERVICE ACT OF 1990

          * * * * * * *

                        TITLE IV--FOOD DONATIONS

[SEC. 401. SENSE OF CONGRESS CONCERNING ENACTMENT OF GOOD SAMARITAN 
                    FOOD DONATION ACT.

  [(a) In General.--It is the sense of Congress that each of 
the 50 States, the District of Columbia, the Commonwealth of 
Puerto Rico, and the territories and possessions of the United 
States should--
          [(1) encourage the donation of apparently wholesome 
        food or grocery products to nonprofit organizations for 
        distribution to needy individuals; and
          [(2) consider the model Good Samaritan Food Donation 
        Act (provided in section 402) as a means of encouraging 
        the donation of food and grocery products.
  [(b) Distribution of Copies.--The Archivist of the United 
States shall distribute a copy of this title to the chief 
executive officer of each of the 50 States, the District of 
Columbia, the Commonwealth of Puerto Rico, and the territories 
and possessions of the United States.

[SEC. 402. MODEL GOOD SAMARITAN FOOD DONATION ACT.

  [(a) Short Title.--This section may be cited as the ``Good 
Samaritan Food Donation Act''.
  [(b) Definitions.--As used in this section:
          [(1) Apparently fit grocery product.--The term 
        ``apparently fit grocery product'' means a grocery 
        product that meets all quality and labeling standards 
        imposed by Federal, State, and local laws and 
        regulations even though the product may not be readily 
        marketable due to appearance, age, freshness, grade, 
        size, surplus, or other conditions.
          [(2) Apparently wholesome food.--The term 
        ``apparently wholesome food'' means food that meets all 
        quality and labeling standards imposed by Federal, 
        State, and local laws and regulations even though the 
        food may not be readily marketable due to appearance, 
        age, freshness, grade, size, surplus, or other 
        conditions.
          [(3) Donate.--The term ``donate'' means to give 
        without requiring anything of monetary value from the 
        recipient, except that the term shall include giving by 
        a nonprofit organization to another nonprofit 
        organization, notwithstanding that the donor 
        organization has charged a nominal fee to the donee 
        organization, if the ultimate recipient or user is not 
        required to give anything of monetary value.
          [(4) Food.--The term ``food'' means any raw, cooked, 
        processed, or prepared edible substance, ice, beverage, 
        or ingredient used or intended for use in whole or in 
        part for human consumption.
          [(5) Gleaner.--The term ``gleaner'' means a person 
        who harvests for free distribution to the needy, or for 
        donation to a nonprofit organization for ultimate 
        distribution to the needy, an agricultural crop that 
        has been donated by the owner.
          [(6) Grocery product.--The term ``grocery product'' 
        means a nonfood grocery product, including a disposable 
        paper or plastic product, household cleaning product, 
        laundry detergent, cleaning product, or miscellaneous 
        household item.
          [(7) Gross negligence.--The term ``gross negligence'' 
        means voluntary and conscious conduct by a person with 
        knowledge (at the time of the conduct) that the conduct 
        is likely to be harmful to the health or well-being of 
        another person.
          [(8) Intentional misconduct.--The term ``intentional 
        misconduct'' means conduct by a person with knowledge 
        (at the time of the conduct) that the conduct is 
        harmful to the health or well-being of another person.
          [(9) Nonprofit organization.--The term ``nonprofit 
        organization'' means an incorporated or unincorporated 
        entity that--
                  [(A) is operating for religious, charitable, 
                or educational purposes; and
                  [(B) does not provide net earnings to, or 
                operate in any other manner that inures to the 
                benefit of, any officer, employee, or 
                shareholder of the entity.
          [(10) Person.--The term ``person'' means an 
        individual, corporation, partnership, organization, 
        association, or governmental entity, including a retail 
        grocer, wholesaler, hotel, motel, manufacturer, 
        restaurant, caterer, farmer, and nonprofit food 
        distributor or hospital. In the case of a corporation, 
        partnership, organization, association, or governmental 
        entity, the term includes an officer, director, 
        partner, deacon, trustee, council member, or other 
        elected or appointed individual responsible for the 
        governance of the entity.
  [(c) Liability for Damages From Donated Food and Grocery 
Products.--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, except that this paragraph 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 donor constituting gross negligence or 
intentional misconduct.
  [(d) Collection or Gleaning of Donations.--A person who 
allows the collection or gleaning of donations on property 
owned or occupied by the person by gleaners, or paid or unpaid 
representatives of a nonprofit organization, for ultimate 
distribution to needy individuals shall not be subject to civil 
or criminal liability that arises due to the injury or death of 
the gleaner or representative, except that this paragraph shall 
not apply to an injury or death that results from an act or 
omission of the person constituting gross negligence or 
intentional misconduct.
  [(e) Partial Compliance.--If some or all of the donated food 
and grocery products do not meet all quality and labeling 
standards imposed by Federal, State, and local laws and 
regulations, the person or gleaner who donates the food and 
grocery products shall not be subject to civil or criminal 
liability in accordance with this section if the nonprofit 
organization that receives the donated food or grocery 
products--
          [(1) is informed by the donor of the distressed or 
        defective condition of the donated food or grocery 
        products;
          [(2) agrees to recondition the donated food or 
        grocery products to comply with all the quality and 
        labeling standards prior to distribution; and
          [(3) is knowledgeable of the standards to properly 
        recondition the donated food or grocery product.
  [(f) Construction.--This section shall not be construed to 
create any liability.

[SEC. 403. EFFECT OF SECTION 402.

  [The model Good Samaritan Food Donation Act (provided in 
section 402) is intended only to serve as a model law for 
enactment by the States, the District of Columbia, the 
Commonwealth of Puerto Rico, and the territories and 
possessions of the United States. The enactment of section 402 
shall have no force or effect in law.]
          * * * * * * *
                              ----------                              


                      CHILD NUTRITION ACT OF 1966

          * * * * * * *

SEC. 22. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.

  (a) Short Title.--This section may be cited as the ``Bill 
Emerson Good Samaritan Food Donation Act''.
  (b) Definitions.--As used in this section:
          (1) Apparently fit grocery product.--The term 
        ``apparently fit grocery product'' means a grocery 
        product that meets all quality and labeling standards 
        imposed by Federal, State, and local laws and 
        regulations even though the product may not be readily 
        marketable due to appearance, age, freshness, grade, 
        size, surplus, or other conditions.
          (2) Apparently wholesome food.--The term ``apparently 
        wholesome food'' means food that meets all quality and 
        labeling standards imposed by Federal, State, and local 
        laws and regulations even though the food may not be 
        readily marketable due to appearance, age, freshness, 
        grade, size, surplus, or other conditions.
          (3) Donate.--The term ``donate'' means to give 
        without requiring anything of monetary value from the 
        recipient, except that the term shall include giving by 
        a nonprofit organization to another nonprofit 
        organization, notwithstanding that the donor 
        organization has charged a nominal fee to the donee 
        organization, if the ultimate recipient or user is not 
        required to give anything of monetary value.
          (4) Food.--The term ``food'' means any raw, cooked, 
        processed, or prepared edible substance, ice, beverage, 
        or ingredient used or intended for use in whole or in 
        part for human consumption.
          (5) Gleaner.--The term ``gleaner'' means a person who 
        harvests for free distribution to the needy, or for 
        donation to a nonprofit organization for ultimate 
        distribution to the needy, an agricultural crop that 
        has been donated by the owner.
          (6) Grocery product.--The term ``grocery product'' 
        means a nonfood grocery product, including a disposable 
        paper or plastic product, household cleaning product, 
        laundry detergent, cleaning product, or miscellaneous 
        household item.
          (7) Gross negligence.--The term ``gross negligence'' 
        means voluntary and conscious conduct by a person with 
        knowledge (at the time of the conduct) that the conduct 
        is likely to be harmful to the health or well-being of 
        another person.
          (8) Intentional misconduct.--The term ``intentional 
        misconduct'' means conduct by a person with knowledge 
        (at the time of the conduct) that the conduct is 
        harmful to the health or well-being of another person.
          (9) Nonprofit organization.--The term ``nonprofit 
        organization'' means an incorporated or unincorporated 
        entity that--
                  (A) is operating for religious, charitable, 
                or educational purposes; and
                  (B) does not provide net earnings to, or 
                operate in any other manner that inures to the 
                benefit of, any officer, employee, or 
                shareholder of the entity.
          (10) Person.--The term ``person'' means an 
        individual, corporation, partnership, organization, 
        association, or governmental entity, including a retail 
        grocer, wholesaler, hotel, motel, manufacturer, 
        restaurant, caterer, farmer, and nonprofit food 
        distributor or hospital. In the case of a corporation, 
        partnership, organization, association, or governmental 
        entity, the term includes an officer, director, 
        partner, deacon, trustee, council member, or other 
        elected or appointed individual responsible for the 
        governance of the entity.
  (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 donor constituting gross 
        negligence or intentional misconduct.
  (d) Collection or Gleaning of Donations.--A person who allows 
the collection or gleaning of donations on property owned or 
occupied by the person by gleaners, or paid or unpaid 
representatives of a nonprofit organization, for ultimate 
distribution to needy individuals shall not be subject to civil 
or criminal liability that arises due to the injury or death of 
the gleaner or representative, except that this paragraph shall 
not apply to an injury or death that results from an act or 
omission of the person constituting gross negligence or 
intentional misconduct.
  (e) Partial Compliance.--If some or all of the donated food 
and grocery products do not meet all quality and labeling 
standards imposed by Federal, State, and local laws and 
regulations, the person or gleaner who donates the food and 
grocery products shall not be subject to civil or criminal 
liability in accordance with this section if the nonprofit 
organization that receives the donated food or grocery 
products--
          (1) is informed by the donor of the distressed or 
        defective condition of the donated food or grocery 
        products;
          (2) agrees to recondition the donated food or grocery 
        products to comply with all the quality and labeling 
        standards prior to distribution; and
          (3) is knowledgeable of the standards to properly 
        recondition the donated food or grocery product.
  (f) Construction.--This section shall not be construed to 
create any liability.