Food Donation Improvement Act of 2021
This bill expands liability protections for the donation of food and grocery products.
Specifically, the bill expands the liability protections to include donations of an apparently fit grocery product or apparently wholesome food
The Department of Agriculture must issue regulations that clarify the quality and labeling standards that food products donated under the Bill Emerson Good Samaritan Food Donation Act must meet to be eligible for liability protection.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6251 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6251
To amend the Bill Emerson Good Samaritan Food Donation Act to clarify
and expand food donation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 13, 2021
Mr. McGovern (for himself, Mr. Newhouse, Ms. Pingree, and Mrs.
Walorski) introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Donation Improvement Act of
2021''.
SEC. 2. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.
The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791)
is amended--
(1) 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, 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, restaurant, caterer, school food authority, and
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:
``(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.''; and
(D) in paragraph (4) (as so redesignated), by
striking ``and (2)'' and inserting ``through (3)''.
SEC. 3. REGULATIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Agriculture shall issue regulations that clarify the
quality and labeling standards that food products donated under the
Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) must
meet to be eligible for liability protection under that Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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