Public Law 117–362: To amend the Bill Emerson Good Samaritan Food Donation Act to improve the program, and for other purposes.Public Law362Public Law 117–362136 Stat. 62952023-01-052023-01-05United States Government Publishing OfficeNational Archives and Records AdministrationOffice of the Federal Registertext/xmlENPursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.GPO Locator to USLM Converter 4.15.31;Stage2.202507022026-01-02117publicPUBLIC LAW 117–362—JAN. 5, 2023136 STAT. 6295Public Law117–362117th CongressAn ActTo amend the Bill Emerson Good Samaritan Food Donation Act to improve the program, and for other purposes.
Jan. 5, 2023
[S. 5329]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,SECTION 1. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT. The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) is amended—(1)
Definitions.
in subsection (b)—(A) in paragraph (3), by inserting “or is charged a good Samaritan reduced price” before the period at the end;(B) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;(C) by inserting after paragraph (5) the following:“(6) Good samaritan reduced price.—The term ‘good Samaritan reduced price’ means, with respect to the price of an apparently wholesome food or apparently fit grocery product, a price that is an amount not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing the apparently wholesome food or apparently fit grocery product.”; and(D) by adding at the end the following:“(12) Qualified direct donor.—The term ‘qualified direct donor’ means a retail grocer, wholesaler, agricultural producer, agricultural processor, agricultural distributor, restaurant, caterer, school food authority, or institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)).”; and(2) in subsection (c)—(A) in paragraphs (1) and (2), by inserting “at zero cost or at a good Samaritan reduced price” after “needy individuals” each place it appears;(B) by redesignating paragraph (3) as paragraph (4);(C) by inserting after paragraph (2) the following:136 STAT. 6296“(3) Direct donations to needy individuals.—A qualified direct donor 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 qualified direct donor donates in good faith to a needy individual at zero cost.”; and(D) in paragraph (4) (as so redesignated), by striking “and (2)” and inserting “, (2), and (3)”.ApprovedJanuary 5, 2023.LEGISLATIVE HISTORY—S. 5329:CONGRESSIONAL RECORD, Vol. 168 (2022):