Food Donation Improvement Act of 2021

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

• for which the recipient is charged a good Samaritan reduced price that is no greater than the cost of handling, administering, and distributing the food or product; or
• that is donated directly to a needy individual by a retail grocer, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education.

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]
[S. 3281 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3281

 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

                           November 30, 2021

 Mr. Blumenthal (for himself and Mr. Toomey) 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 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.
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