Food Donation Improvement Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3141 To amend the Bill Emerson Good Samaritan Food Donation Act to clarify and expand food donation, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 19, 2019 Mr. TOOMEY (for himself and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Bill Emerson Good Samaritan Food Donation Act to clarify and expand food donation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Food Donation Im- 4 provement Act of 2019’’. 5 SEC. 2. BILL EMERSON GOOD SAMARITAN FOOD DONATION 6 ACT. 7 The Bill Emerson Good Samaritan Food Donation 8 Act (42 U.S.C. 1791) is amended— 9 VerDate Sep 11 2014 19:27 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3141.IS S3141 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3141 IS (1) in subsection (b)— 1 (A) in paragraph (3), by inserting ‘‘or is 2 charged a good Samaritan reduced price’’ be- 3 fore the period at the end; 4 (B) by redesignating paragraphs (6) 5 through (10) as paragraphs (7) through (11), 6 respectively; 7 (C) by inserting after paragraph (5) the 8 following: 9 ‘‘(6) GOOD SAMARITAN REDUCED PRICE.—The 10 term ‘good Samaritan reduced price’ means, with re- 11 spect to the price of an apparently wholesome food 12 or apparently fit grocery product, a price that is an 13 amount not greater than the cost of handling, ad- 14 ministering, and distributing the apparently whole- 15 some food or apparently fit grocery product.’’; and 16 (D) by adding at the end the following: 17 ‘‘(12) QUALIFIED DIRECT DONOR.—The term 18 ‘qualified direct donor’ means a retail grocer, whole- 19 saler, agricultural producer, restaurant, caterer, 20 school food authority, and institution of higher edu- 21 cation (as defined in section 102 of the Higher Edu- 22 cation Act of 1965 (20 U.S.C. 1002)).’’; and 23 (2) in subsection (c)— 24 VerDate Sep 11 2014 19:27 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3141.IS S3141 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3141 IS (A) in paragraphs (1) and (2), by inserting 1 ‘‘at zero cost or at a good Samaritan reduced 2 price’’ after ‘‘needy individuals’’ each place it 3 appears; 4 (B) by redesignating paragraph (3) as 5 paragraph (4); 6 (C) by inserting after paragraph (2) the 7 following: 8 ‘‘(3) DIRECT DONATIONS TO NEEDY INDIVID- 9 UALS.—A qualified direct donor shall not be subject 10 to civil or criminal liability arising from the nature, 11 age, packaging, or condition of apparently whole- 12 some food or an apparently fit grocery product that 13 the qualified direct donor donates in good faith or 14 sells at a good Samaritan reduced price to a needy 15 individual.’’; and 16 (D) in paragraph (4) (as so redesignated), 17 by striking ‘‘and (2)’’ and inserting ‘‘through 18 (3)’’. 19 SEC. 3. REGULATIONS. 20 Not later than 180 days after the date of enactment 21 of this Act, the Secretary of Agriculture shall issue regula- 22 tions that clarify the quality and labeling standards that 23 food products donated under the Bill Emerson Good Sa- 24 VerDate Sep 11 2014 19:27 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3141.IS S3141 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3141 IS maritan Food Donation Act (42 U.S.C. 1791) must meet 1 to be eligible for liability protection under that Act. 2 Æ VerDate Sep 11 2014 19:27 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3141.IS S3141 pamtmann on DSKBC07HB2PROD with BILLS