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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4184 Introduced in House (IH)]

<DOC>

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.

    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 Recovery Act of 2015''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                             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.

                             TITLE I--FARMS

SEC. 101. USE OF RURAL ENERGY FOR AMERICA PROGRAM TO REDUCE FOOD AND 
              CROP WASTE.

    (a) Increased Funding.--Section 9007(g)(1) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8107(g)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) in subparagraph (E), by striking ``fiscal year 2014 and 
        each fiscal year thereafter.'' and inserting ``each of fiscal 
        years 2014 and 2015; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) $70,000,000 for fiscal year 2016 and each 
                fiscal year thereafter.''.
    (b) Requirements Related to Installation of Anaerobic Digesters.--
Section 9007(c) of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 8107(c)) is amended by adding at the end the following new 
paragraph:
            ``(5) Requirements related to installation of anaerobic 
        digesters.--
                    ``(A) In general.--In the case of a loan guarantee 
                or grant under this subsection to an agricultural 
                producer or rural small business to support the 
                installation of an anaerobic digester that will use 
                food or crop waste, or both, to produce energy, the 
                Secretary shall obtain from the recipient--
                            ``(i) a written agreement entered into 
                        between the recipient and a hunger-serving 
                        organization providing for the recipient and 
                        the organization to work together to ensure 
                        that apparently wholesome food (as defined in 
                        section 170(e)(3)(C)(iii) of the Internal 
                        Revenue Code of 1986) generated by or provided 
                        to the recipient for use in the anaerobic 
                        digester is redistributed to the organization 
                        for provision to people in need of food; and
                            ``(ii) a written end-product recycling 
                        plan, which shall provide for the disposal of 
                        the material resulting from the anaerobic 
                        digester, is made, in accordance with 
                        guidelines which the Administrator of the 
                        Environmental Protection Agency shall 
                        establish, that ensures that the disposal of 
                        such material does not create an environmental 
                        hazard.
                    ``(B) Hunger-serving organization defined.--In 
                subparagraph (A), the term `hunger-serving 
                organization' means--
                            ``(i) a food bank (as defined in section 
                        201A(5) of the Emergency Food Assistance Act of 
                        1983);
                            ``(ii) a food pantry (as defined in section 
                        201A(6) of such Act); or
                            ``(iii) a soup kitchen (as defined in 
                        section 201A(8) of such Act).''.
    (c) Set-Aside for Anaerobic Digesters.--Section 9007(g) of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is amended 
by adding at the end the following new paragraph:
            ``(4) Set-aside for anaerobic digesters.--Of the funds made 
        available for each fiscal year under this subsection, not less 
        than $20,000,000 shall be available to support the installation 
        of anaerobic digesters that use food or crop waste, or both, to 
        produce energy. Such funds shall remain available until 
        expended.''.

SEC. 102. FARM STORAGE FACILITY LOAN PROGRAM.

    (a) Inclusion of Refrigerated Vehicle as Eligible Facility.--
Section 1614(a) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8789(a)) is amended by striking ``construct or upgrade storage 
and handling facilities'' and inserting ``acquire, construct, or 
upgrade storage, handling, and transportation facilities, which may 
include refrigerated vehicles to improve storage and marketing,''.
    (b) Set-Aside To Improve Producer and Emergency Feeding 
Organization Cooperation.--Section 1614 of the Food, Conservation, and 
Energy Act of 2008 (7 U.S.C. 8789) is amended by adding at the end the 
following new subsection:
    ``(g) Set-Aside To Improve Cooperation Between Producers and 
Emergency Feeding Organizations.--Of the funds made available for a 
fiscal year for storage facility loans under this section, the 
Secretary shall reserve at least 5 percent for eligible producers that, 
in cooperation with an emergency feeding organization, agree to use the 
storage facility loan to acquire, construct, or upgrade storage, 
handling, and transportation facilities to improve the ability of the 
producer to provide commodities to an emergency feeding organization 
and the ability of the emergency feeding organization to provide 
commodities to eligible recipients. In this subsection, the term 
`emergency feeding organization' has the meaning given that term in 
section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 
7501).''.

SEC. 103. COMPOSTING AS CONSERVATION PRACTICE.

    Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) 
is amended--
            (1) in section 1201(a), by adding at the end the following:
            ``(28) Composting practice.--The term `composting practice' 
        includes--
                    ``(A) activities to produce compost, including 
                activities that do not require the use of a composting 
                facility; and
                    ``(B) the use of compost.'';
            (2) in section 1238D(2)(B)(i), by inserting ``and 
        composting practices'' after ``agriculture drainage management 
        systems''; and
            (3) in section 1240A(4)(A)(ii), by inserting ``, including 
        composting practices'' before the semicolon.

SEC. 104. STUDY AND REPORT ON METHODS TO DECREASE THE INCIDENCE OF FOOD 
              WASTE.

    (a) Study.--The Secretary of Agriculture shall conduct a study on--
            (1) new technologies to increase the period during which an 
        agricultural product may be stored before such product is 
        considered adulterated under State or Federal law; and
            (2) a method to measure the amount of agricultural products 
        that are disposed of each year by the farms that produce such 
        products.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Agriculture shall submit to Congress a 
report that contains--
            (1) the results of the study conducted under subsection 
        (a); and
            (2) the recommendations of the Secretary with respect to 
        methods of decreasing the incidence of food waste.
    (c) Agricultural Product Defined.--In this section, the term 
``agricultural product'' has the meaning given the term ``agricultural 
products'' in section 207 of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1626).

                    TITLE II--RETAIL AND RESTAURANTS

SEC. 201. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR 
              CONTRIBUTIONS OF FOOD INVENTORY.

    (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal 
Revenue Code of 1986 is amended by striking clause (iv).
    (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as 
amended by subsection (a), is amended by striking clause (ii), by 
redesignating clause (iii) as clause (iv), and by inserting after 
clause (i) the following new clauses:
                            ``(ii) Limitation.--The aggregate amount of 
                        such contributions for any taxable year which 
                        may be taken into account under this section 
                        shall not exceed--
                                    ``(I) in the case of any taxpayer 
                                other than a C corporation, 15 percent 
                                of the taxpayer's aggregate net income 
                                for such taxable year from all trades 
                                or businesses from which such 
                                contributions were made for such year, 
                                computed without regard to this 
                                section, and
                                    ``(II) in the case of a C 
                                corporation, 15 percent of taxable 
                                income (as defined in subsection 
                                (b)(2)(D)).
                            ``(iii) Rules related to limitation.--
                                    ``(I) Carryover.--If such aggregate 
                                amount exceeds the limitation imposed 
                                under clause (ii), such excess shall be 
                                treated (in a manner consistent with 
                                the rules of subsection (d)) as a 
                                charitable contribution described in 
                                clause (i) in each of the 5 succeeding 
                                taxable years in order of time.
                                    ``(II) Coordination with overall 
                                corporate limitation.--In the case of 
                                any charitable contribution allowable 
                                under clause (ii)(II), subsection 
                                (b)(2)(A) shall not apply to such 
                                contribution, but the limitation 
                                imposed by such subsection shall be 
                                reduced (but not below zero) by the 
                                aggregate amount of such contributions. 
                                For purposes of subsection (b)(2)(B), 
                                such contributions shall be treated as 
                                allowable under subsection 
                                (b)(2)(A).''.
    (c) Determination of Basis for Certain Taxpayers.--Section 
170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is 
amended by adding at the end the following new clause:
                            ``(v) Determination of basis for certain 
                        taxpayers.--If a taxpayer--
                                    ``(I) does not account for 
                                inventories under section 471, and
                                    ``(II) is not required to 
                                capitalize indirect costs under section 
                                263A,
                        the taxpayer may elect, solely for purposes of 
                        subparagraph (B), to treat the basis of any 
                        apparently wholesome food as being equal to 25 
                        percent of the fair market value of such 
                        food.''.
    (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of 
such Code, as amended by subsections (a), (b), and (c), is amended by 
adding at the end the following new clause:
                            ``(vi) Determination of fair market 
                        value.--In the case of any such contribution of 
                        apparently wholesome food which cannot or will 
                        not be sold solely by reason of internal 
                        standards of the taxpayer, lack of market, or 
                        similar circumstances, or by reason of being 
                        produced by the taxpayer exclusively for the 
                        purposes of transferring the food to an 
                        organization described in subparagraph (A), the 
                        fair market value of such contribution shall be 
                        determined--
                                    ``(I) without regard to such 
                                internal standards, such lack of 
                                market, such circumstances, or such 
                                exclusive purpose, and
                                    ``(II) by taking into account the 
                                price at which the same or 
                                substantially the same food items (as 
                                to both type and quality) are sold by 
                                the taxpayer at the time of the 
                                contribution (or, if not so sold at 
                                such time, in the recent past).''.
    (e) Nonprofit Retail Sales.--Section 170(e)(3)(C) of such Code, as 
amended by subsections (a), (b), (c), and (d), is amended by adding at 
the end the following new clause:
                            ``(vii) Nonprofit retail sale.--For 
                        purposes of clause (i), a charitable 
                        contribution of food includes a contribution to 
                        or for the use of an organization described in 
                        subsection (c) that is a food bank, food 
                        pantry, soup kitchen, or other similar 
                        organization which holds such food for 
                        nonprofit retail sale. For purposes of the 
                        preceding sentence, the terms `food bank', 
                        `food pantry', and `soup kitchen' have the 
                        meanings given such terms by section 201A of 
                        the Emergency Food Assistance Act of 1983 (7 
                        U.S.C. 7501).''.
    (f) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        contributions made after the date of the enactment of this Act, 
        in taxable years ending after such date.
            (2) Limitation; applicability to c corporations.--The 
        amendments made by subsection (b) shall apply to contributions 
        made in taxable years ending after the date of the enactment of 
        this Act.

SEC. 202. GOOD SAMARITAN FOOD DONATION.

    (a) Definition of Ultimate Distribution.--Section 22(b) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1791(b)) is amended by adding at 
the end the following new paragraph:
            ``(11) Ultimate distribution.--The term `ultimate 
        distribution' means any method by which an individual receives 
        a product from an entity, including by donation or at a reduced 
        cost.''.
    (b) Local Health Laws and Regulations.--Section 22 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1791) is amended--
            (1) in subsections (b)(1), (b)(2), and (e) by striking 
        ``Federal, State, and local'' and inserting ``Federal and 
        State''; and
            (2) in subsection (f), by striking ``or local''.
    (c) Conforming Amendment.--Section 22(e)(2) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1791(e)(2)) is amended by striking 
``distribution'' and inserting ``ultimate distribution to needy 
individuals''.

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

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Agriculture shall submit to Congress a report that 
contains the recommendations of the Secretary with respect to methods 
of increasing food donation by retail food stores, as defined by the 
Secretary.

SEC. 204. USE OF COMMODITY CREDIT CORPORATION FUNDS TO COVER EMERGENCY 
              FOOD ASSISTANCE PROGRAM STORAGE AND DISTRIBUTION COSTS.

    (a) Use of Commodity Credit Corporation Funds.--Section 204(a)(1) 
of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)) is 
amended--
            (1) in the first sentence, by striking ``There are 
        authorized to be appropriated $100,000,000 for fiscal year 2008 
        and each fiscal year thereafter, for the Secretary to make 
        available to the States'' and inserting ``Using funds of the 
        Commodity Credit Corporation, the Secretary shall make 
        available to the States $100,000,000 for fiscal year 2016 and 
        each fiscal year thereafter''; and
            (2) in the second sentence, by striking ``Funds 
        appropriated'' and inserting ``Funds made available''.
    (b) Relation to Other Commodity Credit Corporation Expenditures.--
Section 204(b) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 
7508(b)) is amended by striking ``appropriations made or authorized 
under this section'' and inserting ``amounts made available under 
subsection (a)(1)''.
    (c) Clerical Amendment.--The heading of section 204 of the 
Emergency Food Assistance Act of 1983 (7 U.S.C. 7508) is amended to 
read as follows:

``SEC. 204. FUNDS FOR STATE STORAGE AND DISTRIBUTION COSTS.''.

               TITLE III--SCHOOLS AND OTHER INSTITUTIONS

SEC. 301. ESTABLISHMENT OF THE OFFICE OF FOOD RECOVERY.

    The Federal Crop Insurance Reform and Department of Agriculture 
Reorganization Act of 1994 is amended by inserting after section 309 (7 
U.S.C. 6921) the following new section:

``SEC. 310. OFFICE OF FOOD RECOVERY.

    ``(a) Office Established.--The Secretary of Agriculture shall 
establish within the Department of Agriculture an office to be known as 
the `Office of Food Recovery' to coordinate Federal programs to measure 
and reduce the incidence of food waste.
    ``(b) Director of Food Recovery.--The Office shall be headed by a 
Director, to be appointed by the Secretary.
    ``(c) Duties.--The Director of the Office of Food Recovery shall--
            ``(1) support and promote Federal programs to reduce the 
        incidence of food waste; and
            ``(2) make recommendations with respect to reducing the 
        incidence of food waste.''.

SEC. 302. AMENDMENTS TO FEDERAL FOOD DONATION ACT TO REQUIRE FOOD 
              DONATIONS BY EXECUTIVE AGENCIES AND CONGRESS.

    (a) Requirement.--The Federal Food Donation Act of 2008 (Public Law 
110-247; 42 U.S.C. 1792) is amended--
            (1) in section 2, by striking ``encourage'' and inserting 
        ``require''; and
            (2) in section 4(a)(1), by striking ``encourages'' and 
        inserting ``requires''.
    (b) Definition of Agencies Covered.--Section 3 of such Act is 
amended by adding at the end the following new paragraph:
            ``(5) Executive agency.--The term `executive agency' has 
        the meaning provided that term in section 133 of title 41, 
        United States Code.''.
    (c) Deadline.--Section 4(a) of such Act is amended by striking 
``Not later than'' and all that follows through ``421)'' and inserting 
``Not later than 180 days after the date of the enactment of the Food 
Recovery Act of 2015, the Federal Acquisition Regulation issued in 
accordance with section 1121 of title 41, United States Code,''.
    (d) Expansion of Contracts Covered.--Section 4(a) of such Act is 
amended by striking ``$25,000'' and inserting ``$10,000''.
    (e) Coverage of Congress.--Section 4 of such Act is amended by 
adding at the end the following new subsection:
    ``(c) Application to Congress.--
            ``(1) Contracts.--This Act shall apply to the House of 
        Representatives and to contracts entered into by the House of 
        Representatives, and to the Senate and to contracts entered 
        into by the Senate, in the same manner and to the same extent 
        as this Act applies to an executive agency and to contracts 
        entered into by an executive agency.
            ``(2) Administration.--For purposes of carrying out 
        paragraph (1)--
                    ``(A) the Chief Administrative Officer of the House 
                of Representatives shall be considered the head of the 
                House of Representatives; and
                    ``(B) the Secretary of the Senate shall be 
                considered the head of the Senate.''.
    (f) Authorization of Appropriations.--Such Act is further amended 
by adding at the end the following new section:

``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated $10,000,000 each fiscal 
year to the Secretary of Agriculture to enforce this Act.''.

SEC. 303. FOOD AND AGRICULTURE SERVICE LEARNING PROGRAM.

    (a) Purposes and Priorities.--Section 413 of the Agricultural 
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7633) 
is amended--
            (1) in subsection (a), by striking ``and improve the 
        nutritional health of children'' and inserting ``, improve the 
        nutritional health of children, and raise public awareness 
        about wasted food and the use of food recovery efforts to 
        reduce the quantity of wasted food'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) to raise public awareness about the consequences of 
        wasted food and to encourage the implementation of food 
        recovery initiatives to reduce the quantity of wasted food;''; 
        and
            (3) in subsection (c)(2)(C), by striking ``and where food 
        comes from'' and inserting ``, where food comes from, the 
        consequences of food waste, and food recovery initiatives''.
    (b) Funding.--Section 413 of the Agricultural Research, Extension, 
and Education Reform Act of 1998 (7 U.S.C. 7633) is amended--
            (1) in subsection (a), by striking ``Subject to the 
        availability of appropriations under subsection (e), the 
        Secretary'' and inserting ``The Secretary''; and
            (2) in subsection (e), by striking paragraph (1) and 
        inserting the following new paragraph:
            ``(1) Source of funds.--Using funds of the Commodity Credit 
        Corporation, the Secretary shall make available $5,000,000 for 
        fiscal year 2016 and for each fiscal year thereafter to carry 
        out the Program. Such amounts shall remain available until 
        expended.''.

SEC. 304. FARM TO SCHOOL GRANT PROGRAM TO IMPROVE ACCESS TO LOCAL FOODS 
              IN SCHOOLS AND REDUCE FOOD WASTE.

    (a) Purpose of Grant Program.--Section 18(g)(3)(A)(v) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1769(g)(3)(A)(v)) is amended by inserting before the semicolon the 
following: ``and reducing food waste at both the school and farm 
level''.
    (b) Funding.--Section 18(g)(8)(A) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1769(g)(8)(A))--
            (1) by striking ``On October 1, 2012, and each October 1 
        thereafter, out'' and inserting ``Out''; and
            (2) by striking ``$5,000,000, to remain available until 
        expended.'' and inserting ``$5,000,000 on October 1, 2012, and 
        each October 1 thereafter through October 1, 2015, and 
        $6,000,000 on October 1, 2016, and each October 1 thereafter. 
        Amounts made available under this subparagraph shall remain 
        available until expended.''
    (c) Set-Aside for Food Waste Reduction Grants.--Section 18(g)(3) of 
the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)(3)) 
is amended by adding at the end the following new subparagraph:
                    ``(D) Set-aside for food waste reduction grants.--
                Of the funds made available for a fiscal year for 
                grants under this subsection, the Secretary shall 
                reserve at least $1,000,000 for grants to implement 
                farm to school programs designed to both facilitate a 
                school's use of food from farms that would otherwise go 
                to waste and projects that provide farms with 
                compostable materials from schools, including food 
                scraps, and compostable lunch trays and utensils.''.

SEC. 305. MODIFICATION OF NATIONAL SCHOOL LUNCH PROGRAM PROCUREMENT 
              REQUIREMENTS TO ENCOURAGE PURCHASE OF LOWER-PRICE, NON-
              STANDARD SIZE OR SHAPE PRODUCE.

    Section 9(a)(4)(C) of the Richard B. Russell National School Lunch 
Act (7 U.S.C. 2011 et seq.(a)(4)(C)) is amended by striking clause (ii) 
and inserting the following new clause (ii):
                            ``(ii) in the product specifications and 
                        practices required by clause (i), encourage 
                        State departments of agriculture and education, 
                        school food authorities, local educational 
                        agencies, and local processing entities to 
                        purchase lower-price, non-standard size or 
                        shape produce to be used in school nutrition 
                        programs under this Act and the Child Nutrition 
                        Act of 1966 (42 U.S.C. 1771 et seq.); and''.

              TITLE IV--CONSUMERS AND LOCAL INFRASTRUCTURE

SEC. 401. FOOD DATE LABELING.

    (a) Misbranding.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following:
    ``(z) If it is food whose date labeling is in violation of section 
424.''.
    (b) Requirements.--Chapter IV of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end 
the following:

``SEC. 424. DATE LABELING.

    ``(a) In General.--If the labeling of food includes a date by which 
the food is recommended to be sold or consumed, such date--
            ``(1) shall be immediately preceded by the words `Best if 
        Used By';
            ``(2) shall be immediately followed by the statement 
        `Manufacturer's Suggestion Only' in the same size, font, and 
        color as such date; and
            ``(3) shall not be characterized as a sell-by, use-by, 
        best-by, quality best-by, expires on, or other similar date.
    ``(b) High-Risk Foods.--
            ``(1) Definition.--In this subsection, the term `high-risk 
        food' means food for which a listing pursuant to paragraph (3) 
        is in effect.
            ``(2) Labeling.--If the labeling of any high-risk food 
        includes a date by which the food is recommended to be sold or 
        consumed, such date--
                    ``(A) shall be immediately preceded by the words 
                `Expires on';
                    ``(B) shall be immediately followed by the 
                statement `Manufacturer's Suggestion Only' in the same 
                size, font, and color as such date; and
                    ``(C) shall not be characterized as a sell-by, use-
                by, best-by, quality best-by, freshest by, or other 
                similar date.
            ``(3) List.--The Secretary shall--
                    ``(A) not later than 180 days after the date of the 
                enactment of this section, publish a list of foods 
                that--
                            ``(i) are sold ready-to-eat; and
                            ``(ii) have a high risk of microbial 
                        contamination if not consumed by a certain 
                        date; and
                    ``(B) periodically review and, as appropriate, 
                update such list.
    ``(c) Exception.--This section does not apply with respect to 
infant formula subject to section 412.''.
    (c) Applicability.--The requirements of sections 403(z) and 424 of 
the Federal Food, Drug, and Cosmetic Act, as added by this section, 
apply beginning on the date that is 1 year after the date of enactment 
of this Act, except that subsection (b)(3) of such section 424 is not 
subject to such delay in applicability.

SEC. 402. SUPPORT FOR NATIONAL MEDIA CAMPAIGNS TO DECREASE THE 
              INCIDENCE OF FOOD WASTE.

    (a) In General.--The Secretary of Agriculture shall support 
national media campaigns to decrease the incidence of food waste.
    (b) Mandatory Funding.--The Secretary of Agriculture shall use 
$8,000,000 of funds of the Commodity Credit Corporation to carry out 
this section for fiscal year 2017. Such funds shall remain available 
until expended.

SEC. 403. INCREASE IN RESOURCES FOR COMMUNITY FACILITIES LOANS DIRECTED 
              AT COMPOSTING AND WASTE-TO-ENERGY OPERATIONS.

    Section 306(a)(1) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 926(a)(1)) is amended by inserting after the 1st sentence 
the following: ``5 percent of the amounts made available for each 
fiscal year for loans for essential community facilities under the 
preceding sentence shall be reserved for loans, in accordance with 
section 306(e)(2), for municipal or county composting and anaerobic 
digestion food waste-to-energy projects.''.

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.

    Section 306 of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1926) is amended by adding at the end the following:
    ``(e) Water or Waste Disposal Loans and Grants for Projects To 
Incorporate Food Waste-to-Energy Operations in Waste Disposal 
Facilities.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, beginning in fiscal year 2016, in addition to any other 
        amounts available for water or waste disposal loans and grants 
        under paragraphs (1) and (2) of subsection (a), $50,000,000 of 
        the funds of the Commodity Credit Corporation for each fiscal 
        year shall be available for the loans and grants, of which the 
        Secretary shall use--
                    ``(A) $25,000,000 for loans, in accordance with 
                paragraph (2), for the adaptation of waste disposal 
                facilities to incorporate anaerobic digestion food 
                waste-to-energy operations; and
                    ``(B) $25,000,000 for grants, in accordance with 
                paragraph (2), for the adaptation of waste disposal 
                facilities to incorporate anaerobic digestion food 
                waste-to-energy operations.
            ``(2) Requirements.--
                    ``(A) In general.--A loan or grant is made in 
                accordance with this paragraph if, before making the 
                loan or grant, the Secretary has obtained from the 
                recipient--
                            ``(i) a written agreement entered into 
                        between the recipient and a hunger-serving 
                        organization providing for the recipient and 
                        the organization to work together to ensure 
                        that apparently wholesome food (as defined in 
                        section 170(e)(3)(C)(iii) of the Internal 
                        Revenue Code of 1986) provided to the recipient 
                        is redistributed to the organization for 
                        provision to people in need of food; and
                            ``(ii) a written end-product recycling 
                        plan, which shall provide for the disposal of 
                        the material resulting from any food-to-waste 
                        operation with respect to which the loan or 
                        grant is made, in accordance with guidelines 
                        which the Administrator of the Environmental 
                        Protection Agency shall establish, that ensures 
                        that the disposal does not create an 
                        environmental hazard.
                    ``(B) Hunger-serving organization defined.--In 
                subparagraph (A), the term `hunger-serving 
                organization' means--
                            ``(i) a food bank (as defined in section 
                        201A(5) of the Emergency Food Assistance Act of 
                        1983);
                            ``(ii) a food pantry (as defined in section 
                        201A(6) of such Act); or
                            ``(iii) a soup kitchen (as defined in 
                        section 201A(8) of such Act).
            ``(3) Availability.--Funds made available under paragraph 
        (1) shall remain available until expended.''.

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

    (a) In General.--Subtitle G of the Solid Waste Disposal Act (42 
U.S.C. 6971 et seq.) is amended by adding at the end the following:

``SEC. 7011. GRANTS FOR COMPOSTING AND FOOD WASTE-TO-ENERGY PROJECTS.

    ``(a) Grants.--The Administrator shall establish a grant program to 
award grants to eligible States to construct large-scale composting or 
food waste-to-energy anaerobic digestion projects.
    ``(b) Eligible States.--In order to be eligible to receive a grant 
under this section, a State shall--
            ``(1) limit the amount of food waste that may be disposed 
        of in landfills in the State;
            ``(2) enter into a written agreement with a hunger-serving 
        organization providing for the State and the organization to 
        work together to ensure that apparently wholesome food (as 
        defined in section 170(e)(3)(C)(iii) of the Internal Revenue 
        Code of 1986) provided to the State for the project is 
        redistributed to the organization for provision to people in 
        need of food; and
            ``(3) have in place a written end-product recycling plan, 
        which shall provide for the disposal of the material resulting 
        from the project, in accordance with guidelines which the 
        Administrator of the Environmental Protection Agency shall 
        establish, that ensures that the disposal does not create an 
        environmental hazard.
    ``(c) Hunger-Serving Organization Defined.--In subsection (b), the 
term `hunger-serving organization' means--
            ``(1) a food bank (as defined in section 201A(5) of the 
        Emergency Food Assistance Act of 1983);
            ``(2) a food pantry (as defined in section 201A(6) of such 
        Act); or
            ``(3) a soup kitchen (as defined in section 201A(8) of such 
        Act).
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for each fiscal 
year.''.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 7010 the 
following new item:

``Sec. 7011. Grants for composting and food waste-to-energy 
                            projects.''.
                                 <all>
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