I 

114TH CONGRESS 

1ST SESSION H. R. 4184 

To decrease the incidence of food waste, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2015 

Ms. PINGREE introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on House Administration, Oversight and Government Reform, Ways and Means, Education and the Workforce, and Energy and Commerce, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To decrease the incidence of food waste, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Food Recovery Act 

5 of 2015’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 4184 IH

TITLE I—FARMS 

Sec. 101. Use of Rural Energy for America Program to reduce food and crop 

waste. 

Sec. 102. Farm storage facility loan program. 

Sec. 103. Composting as conservation practice. 

Sec. 104. Study and report on methods to decrease the incidence of food waste. 

TITLE II—RETAIL AND RESTAURANTS 

Sec. 201. Extension and expansion of charitable deduction for contributions of 

food inventory. 

Sec. 202. Good Samaritan food donation. 

Sec. 203. Report on food donation by retail food stores. 

Sec. 204. Use of Commodity Credit Corporation funds to cover Emergency 

Food Assistance Program storage and distribution costs. 

TITLE III—SCHOOLS AND OTHER INSTITUTIONS 

Sec. 301. Establishment of the Office of Food Recovery. 

Sec. 302. Amendments to Federal Food Donation Act to require food donations 

by executive agencies and Congress. 

Sec. 303. Food and agriculture service learning program. 

Sec. 304. Farm to school grant program to improve access to local foods in 

schools and reduce food waste. 

Sec. 305. Modification of National School Lunch Program procurement requirements to encourage purchase of lower-price, non-standard size 

or shape produce. 

TITLE IV—CONSUMERS AND LOCAL INFRASTRUCTURE 

Sec. 401. Food date labeling. 

Sec. 402. Support for national media campaigns to decrease the incidence of 

food waste. 

Sec. 403. Increase in resources for community facilities loans directed at 

composting and waste-to-energy operations. 

Sec. 404. Expansion of rural utilities service water and waste disposal program 

to provide loans and grants for rural communities to adapt 

waste disposal facilities to incorporate food waste-to-energy operations. 

Sec. 405. Grants for composting and food waste-to-energy projects. 

1 TITLE I—FARMS 

2 SEC. 101. USE OF RURAL ENERGY FOR AMERICA PROGRAM 

3 TO REDUCE FOOD AND CROP WASTE. 

4 (a) INCREASED FUNDING.—Section 9007(g)(1) of 

5 the Farm Security and Rural Investment Act of 2002 (7 

6 U.S.C. 8107(g)(1)) is amended— 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 4184 IH

1 (1) by striking ‘‘and’’ at the end of subpara2 graph (D); 

3 (2) in subparagraph (E), by striking ‘‘fiscal 

4 year 2014 and each fiscal year thereafter.’’ and in5 serting ‘‘each of fiscal years 2014 and 2015; and’’; 

6 and 

7 (3) by adding at the end the following new sub8 paragraph: 

9 ‘‘(F) $70,000,000 for fiscal year 2016 and 

10 each fiscal year thereafter.’’. 

11 (b) REQUIREMENTS RELATED TO INSTALLATION OF

12 ANAEROBIC DIGESTERS.—Section 9007(c) of the Farm 

13 Security and Rural Investment Act of 2002 (7 U.S.C. 

14 8107(c)) is amended by adding at the end the following 

15 new paragraph: 

16 ‘‘(5) REQUIREMENTS RELATED TO INSTALLA17 TION OF ANAEROBIC DIGESTERS.— 

18 ‘‘(A) IN GENERAL.—In the case of a loan 

19 guarantee or grant under this subsection to an 

20 agricultural producer or rural small business to 

21 support the installation of an anaerobic digester 

22 that will use food or crop waste, or both, to 

23 produce energy, the Secretary shall obtain from 

24 the recipient— 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 4184 IH

1 ‘‘(i) a written agreement entered into 

2 between the recipient and a hunger-serving 

3 organization providing for the recipient 

4 and the organization to work together to 

5 ensure that apparently wholesome food (as 

6 defined in section 170(e)(3)(C)(iii) of the 

7 Internal Revenue Code of 1986) generated 

8 by or provided to the recipient for use in 

9 the anaerobic digester is redistributed to 

10 the organization for provision to people in 

11 need of food; and 

12 ‘‘(ii) a written end-product recycling 

13 plan, which shall provide for the disposal 

14 of the material resulting from the anaer15 obic digester, is made, in accordance with 

16 guidelines which the Administrator of the 

17 Environmental Protection Agency shall es18 tablish, that ensures that the disposal of 

19 such material does not create an environ20 mental hazard. 

21 ‘‘(B) HUNGER-SERVING ORGANIZATION

22 DEFINED.—In subparagraph (A), the term 

23 ‘hunger-serving organization’ means— 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 4184 IH

1 ‘‘(i) a food bank (as defined in section 

2 201A(5) of the Emergency Food Assist3 ance Act of 1983); 

4 ‘‘(ii) a food pantry (as defined in sec5 tion 201A(6) of such Act); or 

6 ‘‘(iii) a soup kitchen (as defined in 

7 section 201A(8) of such Act).’’. 

8 (c) SET-ASIDE FOR ANAEROBIC DIGESTERS.—Sec9 tion 9007(g) of the Farm Security and Rural Investment 

10 Act of 2002 (7 U.S.C. 8107(g)) is amended by adding at 

11 the end the following new paragraph: 

12 ‘‘(4) SET-ASIDE FOR ANAEROBIC DIGESTERS.— 

13 Of the funds made available for each fiscal year 

14 under this subsection, not less than $20,000,000 

15 shall be available to support the installation of an16 aerobic digesters that use food or crop waste, or 

17 both, to produce energy. Such funds shall remain 

18 available until expended.’’. 

19 SEC. 102. FARM STORAGE FACILITY LOAN PROGRAM. 

20 (a) INCLUSION OF REFRIGERATED VEHICLE AS ELI21 GIBLE FACILITY.—Section 1614(a) of the Food, Con22 servation, and Energy Act of 2008 (7 U.S.C. 8789(a)) is 

23 amended by striking ‘‘construct or upgrade storage and 

24 handling facilities’’ and inserting ‘‘acquire, construct, or 

25 upgrade storage, handling, and transportation facilities, 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 4184 IH

1 which may include refrigerated vehicles to improve storage 

2 and marketing,’’. 

3 (b) SET-ASIDE TO IMPROVE PRODUCER AND EMER4 GENCY FEEDING ORGANIZATION COOPERATION.—Section 

5 1614 of the Food, Conservation, and Energy Act of 2008 

6 (7 U.S.C. 8789) is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(g) SET-ASIDE TO IMPROVE COOPERATION BE9 TWEEN PRODUCERS AND EMERGENCY FEEDING ORGANI10 ZATIONS.—Of the funds made available for a fiscal year 

11 for storage facility loans under this section, the Secretary 

12 shall reserve at least 5 percent for eligible producers that, 

13 in cooperation with an emergency feeding organization, 

14 agree to use the storage facility loan to acquire, construct, 

15 or upgrade storage, handling, and transportation facilities 

16 to improve the ability of the producer to provide commod17 ities to an emergency feeding organization and the ability 

18 of the emergency feeding organization to provide commod19 ities to eligible recipients. In this subsection, the term 

20 ‘emergency feeding organization’ has the meaning given 

21 that term in section 201A of the Emergency Food Assist22 ance Act of 1983 (7 U.S.C. 7501).’’. 

23 SEC. 103. COMPOSTING AS CONSERVATION PRACTICE. 

24 Title XII of the Food Security Act of 1985 (16 

25 U.S.C. 3801 et seq.) is amended— 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•HR 4184 IH

1 (1) in section 1201(a), by adding at the end the 

2 following: 

3 ‘‘(28) COMPOSTING PRACTICE.—The term 

4 ‘composting practice’ includes— 

5 ‘‘(A) activities to produce compost, includ6 ing activities that do not require the use of a 

7 composting facility; and 

8 ‘‘(B) the use of compost.’’; 

9 (2) in section 1238D(2)(B)(i), by inserting 

10 ‘‘and composting practices’’ after ‘‘agriculture drain11 age management systems’’; and 

12 (3) in section 1240A(4)(A)(ii), by inserting ‘‘, 

13 including composting practices’’ before the semi14 colon. 

15 SEC. 104. STUDY AND REPORT ON METHODS TO DECREASE 

16 THE INCIDENCE OF FOOD WASTE. 

17 (a) STUDY.—The Secretary of Agriculture shall con18 duct a study on— 

19 (1) new technologies to increase the period dur20 ing which an agricultural product may be stored be21 fore such product is considered adulterated under 

22 State or Federal law; and 

23 (2) a method to measure the amount of agricul24 tural products that are disposed of each year by the 

25 farms that produce such products. 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•HR 4184 IH

1 (b) REPORT.—Not later than 1 year after the date 

2 of the enactment of this Act, the Secretary of Agriculture 

3 shall submit to Congress a report that contains— 

4 (1) the results of the study conducted under 

5 subsection (a); and 

6 (2) the recommendations of the Secretary with 

7 respect to methods of decreasing the incidence of 

8 food waste. 

9 (c) AGRICULTURAL PRODUCT DEFINED.—In this 

10 section, the term ‘‘agricultural product’’ has the meaning 

11 given the term ‘‘agricultural products’’ in section 207 of 

12 the Agricultural Marketing Act of 1946 (7 U.S.C. 1626). 

13 TITLE II—RETAIL AND 

14 RESTAURANTS 

15 SEC. 201. EXTENSION AND EXPANSION OF CHARITABLE DE16 DUCTION FOR CONTRIBUTIONS OF FOOD IN17 VENTORY. 

18 (a) PERMANENT EXTENSION.—Section 170(e)(3)(C) 

19 of the Internal Revenue Code of 1986 is amended by strik20 ing clause (iv). 

21 (b) INCREASE IN LIMITATION.—Section 170(e)(3)(C) 

22 of such Code, as amended by subsection (a), is amended 

23 by striking clause (ii), by redesignating clause (iii) as 

24 clause (iv), and by inserting after clause (i) the following 

25 new clauses: 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•HR 4184 IH

1 ‘‘(ii) LIMITATION.—The aggregate 

2 amount of such contributions for any tax3 able year which may be taken into account 

4 under this section shall not exceed— 

5 ‘‘(I) in the case of any taxpayer 

6 other than a C corporation, 15 per7 cent of the taxpayer’s aggregate net 

8 income for such taxable year from all 

9 trades or businesses from which such 

10 contributions were made for such 

11 year, computed without regard to this 

12 section, and 

13 ‘‘(II) in the case of a C corpora14 tion, 15 percent of taxable income (as 

15 defined in subsection (b)(2)(D)). 

16 ‘‘(iii) RULES RELATED TO LIMITA17 TION.— 

18 ‘‘(I) CARRYOVER.—If such aggre19 gate amount exceeds the limitation 

20 imposed under clause (ii), such excess 

21 shall be treated (in a manner con22 sistent with the rules of subsection 

23 (d)) as a charitable contribution de24 scribed in clause (i) in each of the 5 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•HR 4184 IH

1 succeeding taxable years in order of 

2 time. 

3 ‘‘(II) COORDINATION WITH OVER4 ALL CORPORATE LIMITATION.—In the 

5 case of any charitable contribution al6 lowable under clause (ii)(II), sub7 section (b)(2)(A) shall not apply to 

8 such contribution, but the limitation 

9 imposed by such subsection shall be 

10 reduced (but not below zero) by the 

11 aggregate amount of such contribu12 tions. For purposes of subsection 

13 (b)(2)(B), such contributions shall be 

14 treated as allowable under subsection 

15 (b)(2)(A).’’. 

16 (c) DETERMINATION OF BASIS FOR CERTAIN TAX17 PAYERS.—Section 170(e)(3)(C) of such Code, as amended 

18 by subsections (a) and (b), is amended by adding at the 

19 end the following new clause: 

20 ‘‘(v) DETERMINATION OF BASIS FOR

21 CERTAIN TAXPAYERS.—If a taxpayer— 

22 ‘‘(I) does not account for inven23 tories under section 471, and 

24 ‘‘(II) is not required to capitalize 

25 indirect costs under section 263A, 


smartinez on DSK4TPTVN1PROD with BILLS
11 

•HR 4184 IH

1 the taxpayer may elect, solely for purposes 

2 of subparagraph (B), to treat the basis of 

3 any apparently wholesome food as being 

4 equal to 25 percent of the fair market 

5 value of such food.’’. 

6 (d) DETERMINATION OF FAIR MARKET VALUE.— 

7 Section 170(e)(3)(C) of such Code, as amended by sub8 sections (a), (b), and (c), is amended by adding at the 

9 end the following new clause: 

10 ‘‘(vi) DETERMINATION OF FAIR MAR11 KET VALUE.—In the case of any such con12 tribution of apparently wholesome food 

13 which cannot or will not be sold solely by 

14 reason of internal standards of the tax15 payer, lack of market, or similar cir16 cumstances, or by reason of being pro17 duced by the taxpayer exclusively for the 

18 purposes of transferring the food to an or19 ganization described in subparagraph (A), 

20 the fair market value of such contribution 

21 shall be determined— 

22 ‘‘(I) without regard to such inter23 nal standards, such lack of market, 

24 such circumstances, or such exclusive 

25 purpose, and 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•HR 4184 IH

1 ‘‘(II) by taking into account the 

2 price at which the same or substan3 tially the same food items (as to both 

4 type and quality) are sold by the tax5 payer at the time of the contribution 

6 (or, if not so sold at such time, in the 

7 recent past).’’. 

8 (e) NONPROFIT RETAIL SALES.—Section 

9 170(e)(3)(C) of such Code, as amended by subsections (a), 

10 (b), (c), and (d), is amended by adding at the end the 

11 following new clause: 

12 ‘‘(vii) NONPROFIT RETAIL SALE.—For 

13 purposes of clause (i), a charitable con14 tribution of food includes a contribution to 

15 or for the use of an organization described 

16 in subsection (c) that is a food bank, food 

17 pantry, soup kitchen, or other similar orga18 nization which holds such food for non19 profit retail sale. For purposes of the pre20 ceding sentence, the terms ‘food bank’, 

21 ‘food pantry’, and ‘soup kitchen’ have the 

22 meanings given such terms by section 

23 201A of the Emergency Food Assistance 

24 Act of 1983 (7 U.S.C. 7501).’’. 

25 (f) EFFECTIVE DATE.— 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•HR 4184 IH

1 (1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, the amendments made by 

3 this section shall apply to contributions made after 

4 the date of the enactment of this Act, in taxable 

5 years ending after such date. 

6 (2) LIMITATION; APPLICABILITY TO C CORPORA7 TIONS.—The amendments made by subsection (b) 

8 shall apply to contributions made in taxable years 

9 ending after the date of the enactment of this Act. 

10 SEC. 202. GOOD SAMARITAN FOOD DONATION. 

11 (a) DEFINITION OF ULTIMATE DISTRIBUTION.—Sec12 tion 22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 

13 1791(b)) is amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(11) ULTIMATE DISTRIBUTION.—The term 

16 ‘ultimate distribution’ means any method by which 

17 an individual receives a product from an entity, in18 cluding by donation or at a reduced cost.’’. 

19 (b) LOCAL HEALTH LAWS AND REGULATIONS.—Sec20 tion 22 of the Child Nutrition Act of 1966 (42 U.S.C. 

21 1791) is amended— 

22 (1) in subsections (b)(1), (b)(2), and (e) by 

23 striking ‘‘Federal, State, and local’’ and inserting 

24 ‘‘Federal and State’’; and 

25 (2) in subsection (f), by striking ‘‘or local’’. 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•HR 4184 IH

1 (c) CONFORMING AMENDMENT.—Section 22(e)(2) of 

2 the Child Nutrition Act of 1966 (42 U.S.C. 1791(e)(2)) 

3 is amended by striking ‘‘distribution’’ and inserting ‘‘ulti4 mate distribution to needy individuals’’. 

5 SEC. 203. REPORT ON FOOD DONATION BY RETAIL FOOD 

6 STORES. 

7 Not later than 1 year after the date of the enactment 

8 of this Act, the Secretary of Agriculture shall submit to 

9 Congress a report that contains the recommendations of 

10 the Secretary with respect to methods of increasing food 

11 donation by retail food stores, as defined by the Secretary. 

12 SEC. 204. USE OF COMMODITY CREDIT CORPORATION 

13 FUNDS TO COVER EMERGENCY FOOD ASSIST14 ANCE PROGRAM STORAGE AND DISTRIBU15 TION COSTS. 

16 (a) USE OF COMMODITY CREDIT CORPORATION

17 FUNDS.—Section 204(a)(1) of the Emergency Food As18 sistance Act of 1983 (7 U.S.C. 7508(a)(1)) is amended— 

19 (1) in the first sentence, by striking ‘‘There are 

20 authorized to be appropriated $100,000,000 for fis21 cal year 2008 and each fiscal year thereafter, for the 

22 Secretary to make available to the States’’ and in23 serting ‘‘Using funds of the Commodity Credit Cor24 poration, the Secretary shall make available to the 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•HR 4184 IH

1 States $100,000,000 for fiscal year 2016 and each 

2 fiscal year thereafter’’; and 

3 (2) in the second sentence, by striking ‘‘Funds 

4 appropriated’’ and inserting ‘‘Funds made avail5 able’’. 

6 (b) RELATION TO OTHER COMMODITY CREDIT COR7 PORATION EXPENDITURES.—Section 204(b) of the Emer8 gency Food Assistance Act of 1983 (7 U.S.C. 7508(b)) 

9 is amended by striking ‘‘appropriations made or author10 ized under this section’’ and inserting ‘‘amounts made 

11 available under subsection (a)(1)’’. 

12 (c) CLERICAL AMENDMENT.—The heading of section 

13 204 of the Emergency Food Assistance Act of 1983 (7 

14 U.S.C. 7508) is amended to read as follows: 

15 ‘‘SEC. 204. FUNDS FOR STATE STORAGE AND DISTRIBUTION 

16 COSTS.’’. 

17 TITLE III—SCHOOLS AND OTHER 

18 INSTITUTIONS 

19 SEC. 301. ESTABLISHMENT OF THE OFFICE OF FOOD RE20 COVERY. 

21 The Federal Crop Insurance Reform and Department 

22 of Agriculture Reorganization Act of 1994 is amended by 

23 inserting after section 309 (7 U.S.C. 6921) the following 

24 new section: 


smartinez on DSK4TPTVN1PROD with BILLS
16 

•HR 4184 IH

1 ‘‘SEC. 310. OFFICE OF FOOD RECOVERY. 

2 ‘‘(a) OFFICE ESTABLISHED.—The Secretary of Agri3 culture shall establish within the Department of Agri4 culture an office to be known as the ‘Office of Food Recov5 ery’ to coordinate Federal programs to measure and re6 duce the incidence of food waste. 

7 ‘‘(b) DIRECTOR OF FOOD RECOVERY.—The Office 

8 shall be headed by a Director, to be appointed by the Sec9 retary. 

10 ‘‘(c) DUTIES.—The Director of the Office of Food 

11 Recovery shall— 

12 ‘‘(1) support and promote Federal programs to 

13 reduce the incidence of food waste; and 

14 ‘‘(2) make recommendations with respect to re15 ducing the incidence of food waste.’’. 

16 SEC. 302. AMENDMENTS TO FEDERAL FOOD DONATION ACT 

17 TO REQUIRE FOOD DONATIONS BY EXECU18 TIVE AGENCIES AND CONGRESS. 

19 (a) REQUIREMENT.—The Federal Food Donation 

20 Act of 2008 (Public Law 110–247; 42 U.S.C. 1792) is 

21 amended— 

22 (1) in section 2, by striking ‘‘encourage’’ and 

23 inserting ‘‘require’’; and 

24 (2) in section 4(a)(1), by striking ‘‘encourages’’ 

25 and inserting ‘‘requires’’. 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•HR 4184 IH

1 (b) DEFINITION OF AGENCIES COVERED.—Section 3 

2 of such Act is amended by adding at the end the following 

3 new paragraph: 

4 ‘‘(5) EXECUTIVE AGENCY.—The term ‘executive 

5 agency’ has the meaning provided that term in sec6 tion 133 of title 41, United States Code.’’. 

7 (c) DEADLINE.—Section 4(a) of such Act is amended 

8 by striking ‘‘Not later than’’ and all that follows through 

9 ‘‘421)’’ and inserting ‘‘Not later than 180 days after the 

10 date of the enactment of the Food Recovery Act of 2015, 

11 the Federal Acquisition Regulation issued in accordance 

12 with section 1121 of title 41, United States Code,’’. 

13 (d) EXPANSION OF CONTRACTS COVERED.—Section 

14 4(a) of such Act is amended by striking ‘‘$25,000’’ and 

15 inserting ‘‘$10,000’’. 

16 (e) COVERAGE OF CONGRESS.—Section 4 of such Act 

17 is amended by adding at the end the following new sub18 section: 

19 ‘‘(c) APPLICATION TO CONGRESS.— 

20 ‘‘(1) CONTRACTS.—This Act shall apply to the 

21 House of Representatives and to contracts entered 

22 into by the House of Representatives, and to the 

23 Senate and to contracts entered into by the Senate, 

24 in the same manner and to the same extent as this 


smartinez on DSK4TPTVN1PROD with BILLS
18 

•HR 4184 IH

1 Act applies to an executive agency and to contracts 

2 entered into by an executive agency. 

3 ‘‘(2) ADMINISTRATION.—For purposes of car4 rying out paragraph (1)— 

5 ‘‘(A) the Chief Administrative Officer of 

6 the House of Representatives shall be consid7 ered the head of the House of Representatives; 

8 and 

9 ‘‘(B) the Secretary of the Senate shall be 

10 considered the head of the Senate.’’. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—Such Act 

12 is further amended by adding at the end the following new 

13 section: 

14 ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘There is authorized to be appropriated $10,000,000 

16 each fiscal year to the Secretary of Agriculture to enforce 

17 this Act.’’. 

18 SEC. 303. FOOD AND AGRICULTURE SERVICE LEARNING 

19 PROGRAM. 

20 (a) PURPOSES AND PRIORITIES.—Section 413 of the 

21 Agricultural Research, Extension, and Education Reform 

22 Act of 1998 (7 U.S.C. 7633) is amended— 

23 (1) in subsection (a), by striking ‘‘and improve 

24 the nutritional health of children’’ and inserting ‘‘, 

25 improve the nutritional health of children, and raise 


smartinez on DSK4TPTVN1PROD with BILLS
19 

•HR 4184 IH

1 public awareness about wasted food and the use of 

2 food recovery efforts to reduce the quantity of wast3 ed food’’; 

4 (2) in subsection (b)— 

5 (A) by redesignating paragraphs (4) and 

6 (5) as paragraphs (5) and (6), respectively; and 

7 (B) by inserting after paragraph (3) the 

8 following new paragraph: 

9 ‘‘(4) to raise public awareness about the con10 sequences of wasted food and to encourage the im11 plementation of food recovery initiatives to reduce 

12 the quantity of wasted food;’’; and 

13 (3) in subsection (c)(2)(C), by striking ‘‘and 

14 where food comes from’’ and inserting ‘‘, where food 

15 comes from, the consequences of food waste, and 

16 food recovery initiatives’’. 

17 (b) FUNDING.—Section 413 of the Agricultural Re18 search, Extension, and Education Reform Act of 1998 (7 

19 U.S.C. 7633) is amended— 

20 (1) in subsection (a), by striking ‘‘Subject to 

21 the availability of appropriations under subsection 

22 (e), the Secretary’’ and inserting ‘‘The Secretary’’; 

23 and 

24 (2) in subsection (e), by striking paragraph (1) 

25 and inserting the following new paragraph: 


smartinez on DSK4TPTVN1PROD with BILLS
20 

•HR 4184 IH

1 ‘‘(1) SOURCE OF FUNDS.—Using funds of the 

2 Commodity Credit Corporation, the Secretary shall 

3 make available $5,000,000 for fiscal year 2016 and 

4 for each fiscal year thereafter to carry out the Pro5 gram. Such amounts shall remain available until ex6 pended.’’. 

7 SEC. 304. FARM TO SCHOOL GRANT PROGRAM TO IMPROVE 

8 ACCESS TO LOCAL FOODS IN SCHOOLS AND 

9 REDUCE FOOD WASTE. 

10 (a) PURPOSE OF GRANT PROGRAM.—Section 

11 18(g)(3)(A)(v) of the Richard B. Russell National School 

12 Lunch Act (42 U.S.C. 1769(g)(3)(A)(v)) is amended by 

13 inserting before the semicolon the following: ‘‘and reduc14 ing food waste at both the school and farm level’’. 

15 (b) FUNDING.—Section 18(g)(8)(A) of the Richard 

16 B. Russell National School Lunch Act (42 U.S.C. 

17 1769(g)(8)(A))— 

18 (1) by striking ‘‘On October 1, 2012, and each 

19 October 1 thereafter, out’’ and inserting ‘‘Out’’; and 

20 (2) by striking ‘‘$5,000,000, to remain available 

21 until expended.’’ and inserting ‘‘$5,000,000 on Octo22 ber 1, 2012, and each October 1 thereafter through 

23 October 1, 2015, and $6,000,000 on October 1, 

24 2016, and each October 1 thereafter. Amounts made 


smartinez on DSK4TPTVN1PROD with BILLS
21 

•HR 4184 IH

1 available under this subparagraph shall remain 

2 available until expended.’’ 

3 (c) SET-ASIDE FOR FOOD WASTE REDUCTION

4 GRANTS.—Section 18(g)(3) of the Richard B. Russell Na5 tional School Lunch Act (42 U.S.C. 1769(g)(3)) is amend6 ed by adding at the end the following new subparagraph: 

7 ‘‘(D) SET-ASIDE FOR FOOD WASTE REDUC8 TION GRANTS.—Of the funds made available for 

9 a fiscal year for grants under this subsection, 

10 the Secretary shall reserve at least $1,000,000 

11 for grants to implement farm to school pro12 grams designed to both facilitate a school’s use 

13 of food from farms that would otherwise go to 

14 waste and projects that provide farms with 

15 compostable materials from schools, including 

16 food scraps, and compostable lunch trays and 

17 utensils.’’. 

18 SEC. 305. MODIFICATION OF NATIONAL SCHOOL LUNCH 

19 PROGRAM PROCUREMENT REQUIREMENTS 

20 TO ENCOURAGE PURCHASE OF LOWER21 PRICE, NON-STANDARD SIZE OR SHAPE 

22 PRODUCE. 

23 Section 9(a)(4)(C) of the Richard B. Russell National 

24 School Lunch Act (7 U.S.C. 2011 et seq.(a)(4)(C)) is 


smartinez on DSK4TPTVN1PROD with BILLS
22 

•HR 4184 IH

1 amended by striking clause (ii) and inserting the following 

2 new clause (ii): 

3 ‘‘(ii) in the product specifications and 

4 practices required by clause (i), encourage 

5 State departments of agriculture and edu6 cation, school food authorities, local edu7 cational agencies, and local processing enti8 ties to purchase lower-price, non-standard 

9 size or shape produce to be used in school 

10 nutrition programs under this Act and the 

11 Child Nutrition Act of 1966 (42 U.S.C. 

12 1771 et seq.); and’’. 

13 TITLE IV—CONSUMERS AND 

14 LOCAL INFRASTRUCTURE 

15 SEC. 401. FOOD DATE LABELING. 

16 (a) MISBRANDING.—Section 403 of the Federal 

17 Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amend18 ed by adding at the end the following: 

19 ‘‘(z) If it is food whose date labeling is in violation 

20 of section 424.’’. 

21 (b) REQUIREMENTS.—Chapter IV of the Federal 

22 Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) 

23 is amended by adding at the end the following: 


smartinez on DSK4TPTVN1PROD with BILLS
23 

•HR 4184 IH

1 ‘‘SEC. 424. DATE LABELING. 

2 ‘‘(a) IN GENERAL.—If the labeling of food includes 

3 a date by which the food is recommended to be sold or 

4 consumed, such date— 

5 ‘‘(1) shall be immediately preceded by the 

6 words ‘Best if Used By’; 

7 ‘‘(2) shall be immediately followed by the state8 ment ‘Manufacturer’s Suggestion Only’ in the same 

9 size, font, and color as such date; and 

10 ‘‘(3) shall not be characterized as a sell-by, use11 by, best-by, quality best-by, expires on, or other 

12 similar date. 

13 ‘‘(b) HIGH-RISK FOODS.— 

14 ‘‘(1) DEFINITION.—In this subsection, the term 

15 ‘high-risk food’ means food for which a listing pur16 suant to paragraph (3) is in effect. 

17 ‘‘(2) LABELING.—If the labeling of any high18 risk food includes a date by which the food is rec19 ommended to be sold or consumed, such date— 

20 ‘‘(A) shall be immediately preceded by the 

21 words ‘Expires on’; 

22 ‘‘(B) shall be immediately followed by the 

23 statement ‘Manufacturer’s Suggestion Only’ in 

24 the same size, font, and color as such date; and 


smartinez on DSK4TPTVN1PROD with BILLS
24 

•HR 4184 IH

1 ‘‘(C) shall not be characterized as a sell-by, 

2 use-by, best-by, quality best-by, freshest by, or 

3 other similar date. 

4 ‘‘(3) LIST.—The Secretary shall— 

5 ‘‘(A) not later than 180 days after the date 

6 of the enactment of this section, publish a list 

7 of foods that— 

8 ‘‘(i) are sold ready-to-eat; and 

9 ‘‘(ii) have a high risk of microbial con10 tamination if not consumed by a certain 

11 date; and 

12 ‘‘(B) periodically review and, as appro13 priate, update such list. 

14 ‘‘(c) EXCEPTION.—This section does not apply with 

15 respect to infant formula subject to section 412.’’. 

16 (c) APPLICABILITY.—The requirements of sections 

17 403(z) and 424 of the Federal Food, Drug, and Cosmetic 

18 Act, as added by this section, apply beginning on the date 

19 that is 1 year after the date of enactment of this Act, 

20 except that subsection (b)(3) of such section 424 is not 

21 subject to such delay in applicability. 


smartinez on DSK4TPTVN1PROD with BILLS
25 

•HR 4184 IH

1 SEC. 402. SUPPORT FOR NATIONAL MEDIA CAMPAIGNS TO 

2 DECREASE THE INCIDENCE OF FOOD WASTE. 

3 (a) IN GENERAL.—The Secretary of Agriculture shall 

4 support national media campaigns to decrease the inci5 dence of food waste. 

6 (b) MANDATORY FUNDING.—The Secretary of Agri7 culture shall use $8,000,000 of funds of the Commodity 

8 Credit Corporation to carry out this section for fiscal year 

9 2017. Such funds shall remain available until expended. 

10 SEC. 403. INCREASE IN RESOURCES FOR COMMUNITY FA11 CILITIES LOANS DIRECTED AT COMPOSTING 

12 AND WASTE-TO-ENERGY OPERATIONS. 

13 Section 306(a)(1) of the Consolidated Farm and 

14 Rural Development Act (7 U.S.C. 926(a)(1)) is amended 

15 by inserting after the 1st sentence the following: ‘‘5 per16 cent of the amounts made available for each fiscal year 

17 for loans for essential community facilities under the pre18 ceding sentence shall be reserved for loans, in accordance 

19 with section 306(e)(2), for municipal or county 

20 composting and anaerobic digestion food waste-to-energy 

21 projects.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
26 

•HR 4184 IH

1 SEC. 404. EXPANSION OF RURAL UTILITIES SERVICE 

2 WATER AND WASTE DISPOSAL PROGRAM TO 

3 PROVIDE LOANS AND GRANTS FOR RURAL 

4 COMMUNITIES TO ADAPT WASTE DISPOSAL 

5 FACILITIES TO INCORPORATE FOOD WASTE6 TO-ENERGY OPERATIONS. 

7 Section 306 of the Consolidated Farm and Rural De8 velopment Act (7 U.S.C. 1926) is amended by adding at 

9 the end the following: 

10 ‘‘(e) WATER OR WASTE DISPOSAL LOANS AND

11 GRANTS FOR PROJECTS TO INCORPORATE FOOD WASTE12 TO-ENERGY OPERATIONS IN WASTE DISPOSAL FACILI13 TIES.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of law, beginning in fiscal year 2016, in 

16 addition to any other amounts available for water or 

17 waste disposal loans and grants under paragraphs 

18 (1) and (2) of subsection (a), $50,000,000 of the 

19 funds of the Commodity Credit Corporation for each 

20 fiscal year shall be available for the loans and 

21 grants, of which the Secretary shall use— 

22 ‘‘(A) $25,000,000 for loans, in accordance 

23 with paragraph (2), for the adaptation of waste 

24 disposal facilities to incorporate anaerobic di25 gestion food waste-to-energy operations; and 


smartinez on DSK4TPTVN1PROD with BILLS
27 

•HR 4184 IH

1 ‘‘(B) $25,000,000 for grants, in accord2 ance with paragraph (2), for the adaptation of 

3 waste disposal facilities to incorporate anaerobic 

4 digestion food waste-to-energy operations. 

5 ‘‘(2) REQUIREMENTS.— 

6 ‘‘(A) IN GENERAL.—A loan or grant is 

7 made in accordance with this paragraph if, be8 fore making the loan or grant, the Secretary 

9 has obtained from the recipient— 

10 ‘‘(i) a written agreement entered into 

11 between the recipient and a hunger-serving 

12 organization providing for the recipient 

13 and the organization to work together to 

14 ensure that apparently wholesome food (as 

15 defined in section 170(e)(3)(C)(iii) of the 

16 Internal Revenue Code of 1986) provided 

17 to the recipient is redistributed to the or18 ganization for provision to people in need 

19 of food; and 

20 ‘‘(ii) a written end-product recycling 

21 plan, which shall provide for the disposal 

22 of the material resulting from any food-to23 waste operation with respect to which the 

24 loan or grant is made, in accordance with 

25 guidelines which the Administrator of the 


smartinez on DSK4TPTVN1PROD with BILLS
28 

•HR 4184 IH

1 Environmental Protection Agency shall es2 tablish, that ensures that the disposal does 

3 not create an environmental hazard. 

4 ‘‘(B) HUNGER-SERVING ORGANIZATION

5 DEFINED.—In subparagraph (A), the term 

6 ‘hunger-serving organization’ means— 

7 ‘‘(i) a food bank (as defined in section 

8 201A(5) of the Emergency Food Assist9 ance Act of 1983); 

10 ‘‘(ii) a food pantry (as defined in sec11 tion 201A(6) of such Act); or 

12 ‘‘(iii) a soup kitchen (as defined in 

13 section 201A(8) of such Act). 

14 ‘‘(3) AVAILABILITY.—Funds made available 

15 under paragraph (1) shall remain available until ex16 pended.’’. 

17 SEC. 405. GRANTS FOR COMPOSTING AND FOOD WASTE-TO18 ENERGY PROJECTS. 

19 (a) IN GENERAL.—Subtitle G of the Solid Waste Dis20 posal Act (42 U.S.C. 6971 et seq.) is amended by adding 

21 at the end the following: 

22 ‘‘SEC. 7011. GRANTS FOR COMPOSTING AND FOOD WASTE23 TO-ENERGY PROJECTS. 

24 ‘‘(a) GRANTS.—The Administrator shall establish a 

25 grant program to award grants to eligible States to conVerDate Sep 11 2014 01:32 Dec 08, 2015 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4184.IH H4184

smartinez on DSK4TPTVN1PROD with BILLS
29 

•HR 4184 IH

1 struct large-scale composting or food waste-to-energy an2 aerobic digestion projects. 

3 ‘‘(b) ELIGIBLE STATES.—In order to be eligible to 

4 receive a grant under this section, a State shall— 

5 ‘‘(1) limit the amount of food waste that may 

6 be disposed of in landfills in the State; 

7 ‘‘(2) enter into a written agreement with a hun8 ger-serving organization providing for the State and 

9 the organization to work together to ensure that ap10 parently wholesome food (as defined in section 

11 170(e)(3)(C)(iii) of the Internal Revenue Code of 

12 1986) provided to the State for the project is redis13 tributed to the organization for provision to people 

14 in need of food; and 

15 ‘‘(3) have in place a written end-product recy16 cling plan, which shall provide for the disposal of the 

17 material resulting from the project, in accordance 

18 with guidelines which the Administrator of the Envi19 ronmental Protection Agency shall establish, that 

20 ensures that the disposal does not create an environ21 mental hazard. 

22 ‘‘(c) HUNGER-SERVING ORGANIZATION DEFINED.— 

23 In subsection (b), the term ‘hunger-serving organization’ 

24 means— 


smartinez on DSK4TPTVN1PROD with BILLS
30 

•HR 4184 IH

1 ‘‘(1) a food bank (as defined in section 201A(5) 

2 of the Emergency Food Assistance Act of 1983); 

3 ‘‘(2) a food pantry (as defined in section 

4 201A(6) of such Act); or 

5 ‘‘(3) a soup kitchen (as defined in section 

6 201A(8) of such Act). 

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 $100,000,000 for each fiscal year.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 for such Act is amended by inserting after the item relat12 ing to section 7010 the following new item: 

‘‘Sec. 7011. Grants for composting and food waste-to-energy projects.’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS