I 

115TH CONGRESS 

1ST SESSION H. R. 952 

To amend the Child Nutrition Act of 1966 to clarify and expand food 

donation under the Bill Emerson Good Samaritan Food Donation Act, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Ms. FUDGE (for herself, Mr. NEWHOUSE, Ms. PINGREE, and Mr. MCGOVERN) 

introduced the following bill; which was referred to the Committee on 

Education and the Workforce 

A BILL 

To amend the Child Nutrition Act of 1966 to clarify and 

expand food donation under the Bill Emerson Good Samaritan Food Donation Act, 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 Donation Act 

5 of 2017’’. 

6 SEC. 2. BILL EMERSON GOOD SAMARITAN FOOD DONATION 

7 ACT. 

8 Section 22 of the Child Nutrition Act of 1966 (42 

9 U.S.C. 1791) is amended— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘quality and labeling’’ 

4 and inserting ‘‘safety and safety-related la5 beling’’; and 

6 (ii) by inserting ‘‘being past date 

7 label,’’ after ‘‘surplus,’’; 

8 (B) in paragraph (2)— 

9 (i) by striking ‘‘quality and labeling’’ 

10 and inserting ‘‘safety and safety-related la11 beling’’; and 

12 (ii) by inserting ‘‘being past date 

13 label,’’ after ‘‘surplus,’’; 

14 (C) in paragraph (3), by striking ‘‘not re15 quired to give anything of monetary value’’ and 

16 inserting ‘‘not required to give anything of 

17 monetary value or is charged a good Samaritan 

18 Reduced Price’’; 

19 (D) by redesignating paragraphs (6), (7), 

20 (8), (9), and (10) as paragraphs (7), (8), (9), 

21 (10), and (11), respectively; and 

22 (E) by inserting after paragraph (5) the 

23 following new paragraph: 

24 ‘‘(6) GOOD SAMARITAN REDUCED PRICE.—The 

25 term ‘good Samaritan reduced price’ means an apVerDate Sep 11 2014 21:11 Feb 16, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H952.IH H952

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1 parently wholesome food or an apparently fit grocery 

2 product that is priced at an amount not greater than 

3 the cost of handling, administering, and distributing 

4 such apparently wholesome food or apparently fit 

5 grocery product.’’; and 

6 (2) in subsection (c)— 

7 (A) in paragraph (1) by inserting ‘‘or sells 

8 at a good Samaritan reduced price’’ after ‘‘do9 nates in good faith’’; 

10 (B) in paragraph (2) by inserting ‘‘or sale 

11 at a good Samaritan reduced price’’ after ‘‘ulti12 mate distribution’’; 

13 (C) by redesignating paragraph (3) as 

14 paragraph (4); 

15 (D) by inserting after paragraph (2) the 

16 following new paragraph: 

17 ‘‘(3) DIRECT DONATIONS TO NEEDY INDIVID18 UALS.— 

19 ‘‘(A) IN GENERAL.—A qualified direct 

20 donor shall not be subject to civil or criminal li21 ability arising from the nature, age, packaging, 

22 or condition of apparently wholesome food or an 

23 apparently fit grocery product that the qualified 

24 direct donor donates in good faith or sells at a 


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1 good Samaritan reduced price to a needy indi2 vidual. 

3 ‘‘(B) QUALIFIED DIRECT DONORS DE4 FINED.—In this paragraph, the term ‘qualified 

5 direct donor’ means a retail grocer, wholesaler, 

6 agricultural producer, restaurant, caterer, 

7 school food authority, or institution of higher 

8 education (as defined in section 102 of the 

9 Higher Education Act of 1965 (20 U.S.C. 

10 1002)).’’; and 

11 (E) in paragraph (4), as redesignated by 

12 subparagraph (C), by striking ‘‘Paragraphs (1) 

13 and (2)’’ and inserting ‘‘Paragraphs (1), (2), 

14 and (3)’’. 

15 SEC. 3. REGULATIONS. 

16 Not later than 180 days after the date of the enact17 ment of this Act, the Secretary of Agriculture shall— 

18 (1) in consultation with the Secretary of Health 

19 and Human Services, issue regulations with respect 

20 to the safety and safety-related labeling standards of 

21 apparently wholesome food and an apparently fit 

22 grocery product under section 22 of the Child Nutri23 tion Act of 1966 (42 U.S.C. 1791); 

24 (2) promote awareness of food donation under 

25 such section; and 


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1 (3) issue guidance with respect to the amend2 ments made by this Act. 

Æ 


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