Bring Animals Relief and Kibble Act of 2023 or the BARK Act of 2023
This bill provides civil and criminal liability protections for the donation of pet food and pet supplies under the Bill Emerson Good Samaritan Food Donation Act. (The act shields persons that donate and distribute food to nonprofit organizations from liability for injuries caused by those donated products, with exceptions.)
Specifically, the bill limits liability for persons or gleaners arising from the nature, age, packaging, or condition of food or pet supplies that are donated in good faith by the person or gleaner to a nonprofit organization, state, or local government for direct distribution to pets, service animals, or emotional support animals. Gleaner means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization, an agricultural crop that has been donated by the owner.
Further, the bill limits liability for a nonprofit organization, state, or local government arising from donated items received from a person or gleaner in good faith for direct distribution to pets, service animals, or emotional support animals.
The bill also specifies that the existing exception that permits a person, gleaner, or nonprofit organization to be held liable for acts or omissions that constitute gross negligence or intentional misconduct applies to the liability protections established by this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4750 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4750
To amend the Bill Emerson Good Samaritan Food Donation Act to provide
protection for the good faith donation of pet products, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2023
Mr. Raskin (for himself, Mrs. Kim of California, Mrs. McBath, Mr. Joyce
of Ohio, Ms. Mace, Mr. Fitzpatrick, Ms. Escobar, Mr. Huffman, Mr.
Pocan, Ms. Davids of Kansas, Mr. Carson, Mr. Cohen, Ms. Sanchez, Ms.
Malliotakis, Mrs. Dingell, Mr. Allred, Mr. Schiff, Ms. Titus, and Mr.
Moskowitz) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Bill Emerson Good Samaritan Food Donation Act to provide
protection for the good faith donation of pet products, 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 ``Bring Animals Relief and Kibble Act
of 2023'' or as the ``BARK Act of 2023''.
SEC. 2. AMENDMENTS TO DEFINITIONS.
Section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C.
1791(b)) is amended--
(1) in paragraph (4), by striking ``for human consumption''
and inserting the following: ``for--
``(A) human consumption; or
``(B) pet, emotional support animal, or service
animal consumption.'';
(2) in paragraph (7), by inserting ``pet supply,'' after
``household cleaning product,'';
(3) in paragraph (11), by inserting ``pet food supplier,''
after ``farmer,''; and
(4) by adding at the end the following:
``(13) Emotional support animal.--The term `emotional
support animal' means an animal that is--
``(A) covered by the exclusion specified in section
5.303 of title 24, Code of Federal Regulations (or a
successor regulation); and
``(B) not a service animal.
``(14) Pet.--The term `pet' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, or other animal
that is kept for pleasure rather than for commercial purposes.
``(15) Pet supply.--The term `pet supply' means tangible
personal property used for a pet, including a pet carrier,
crate, kennel, house, cage, article of clothing, bedding, toy,
collar, leash, lead, tie-out, feeder, bowl, dish, pet gate, or
pet door.
``(16) Service animal.--The term `service animal' has the
meaning given the term in section 36.104 of title 28, Code of
Federal Regulations (or a successor regulation).''.
SEC. 3. LIABILITY WITH RESPECT TO PET PRODUCT DONATIONS.
Section 22(c) of the Child Nutrition Act of 1966 (42 U.S.C.
1791(c)) is amended--
(1) by redesignating paragraph (4) as paragraph (5);
(2) in paragraph (5) (as so redesignated)--
(A) by striking ``and (3)'' and inserting ``(3),
and (4)''; and
(B) by inserting ``State or local government,''
after ``gleaner,''; and
(3) by inserting after paragraph (3) the following:
``(4) Liability with respect to pets, service animals, or
emotional support animals.--
``(A) Donations made.--A person or gleaner shall
not be subject to civil or criminal liability arising
from the nature, age, packaging, or condition of food
described in subsection (b)(4)(B) or pet supplies that
the person or gleaner donates in good faith to a
nonprofit organization or State or unit of local
government for direct distribution to pets, service
animals, or emotional support animals.
``(B) Donations received.--A nonprofit organization
or State or unit of local government shall not be
subject to civil or criminal liability arising from the
nature, age, packaging, or condition of food described
in subsection (b)(4)(B) or pet supplies that the
nonprofit organization or State or unit of local
government received as a donation in good faith from a
person or gleaner for direct distribution to pets,
service animals, or emotional support animals.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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