[104th Congress Public Law 210]
[From the U.S. Government Printing Office]


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[DOCID: f:publ210.104]


[[Page 110 STAT. 3011]]

Public Law 104-210
104th Congress

                                 An Act


 
  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. <<NOTE: Oct. 1, 1996 -  [H.R. 2428]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 the title heading and 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'';
                    (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.'';
                    (D) 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

[[Page 110 STAT. 3012]]

        of the person, gleaner, or nonprofit organization, as 
        applicable, constituting gross negligence or intentional 
        misconduct.''; and
                    (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.''.

    (b) Transfer to Child Nutrition Act of 1966.--Section 402 of the 
National and Community Service Act of 1990 (42 U.S.C. 12672) <<NOTE: 42 
USC 1791.>>  (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.

    (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.

    Approved October 1, 1996.

LEGISLATIVE HISTORY--H.R. 2428:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-661 (Comm. on Economic and Educational 
Opportunities).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            July 12, considered and passed House.
            Aug. 2, considered and passed Senate, amended.
            Sept. 5, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
            Oct. 1, Presidential statement.

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