[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:
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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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