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Union Calendar No. 338

104TH CONGRESS

2D SESSION H. R. 2428

[Report No. 104–661]

To encourage the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by giving the Model Good

Samaritan Food Donation Act the full force and effect of law.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1995

Ms. DANNER introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

MARCH 20, 1996

Additional sponsor: Mr. EMERSON

JULY 9, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To encourage the donation of food and grocery products

to nonprofit organizations for distribution to needy individuals by giving the Model Good Samaritan Food Donation Act the full force and effect of law.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. CONVERSION OF MODEL GOOD SAMARITAN

2 FOOD DONATION ACT TO PERMANENT LAW.

3 Title IV of the National and Community Service Act

4 of 1990 is amended—

5 (1) by striking sections 401 and 403 (42 U.S.C.

6 12671 and 12673); and

7 (2) in section 402, by striking ‘‘MODEL’’ in the

8 section heading.

9 SECTION 1. CONVERSION TO PERMANENT LAW OF MODEL

10 GOOD SAMARITAN FOOD DONATION ACT AND

11 TRANSFER OF THAT ACT TO CHILD NUTRI12 TION ACT OF 1966.

13 (a) CONVERSION TO PERMANENT LAW.—Title IV of the

14 National and Community Service Act of 1990 is amend15 ed—

16 (1) by striking sections 401 and 403 (42 U.S.C.

17 12671 and 12673); and

18 (2) in section 402 (42 U.S.C. 12672)—

19 (A) in the section heading, by striking

20 ‘‘MODEL’’ and inserting ‘‘BILL EMERSON’’;

21 (B) in subsection (a), by striking ‘‘Good Sa22 maritan’’ and inserting ‘‘Bill Emerson Good Sa23 maritan’’; and

24 (C) in subsection (c)—

25 (i) by striking ‘‘A person or gleaner’’

26 and inserting the following:
3

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1 ‘‘(1) LIABILITY OF PERSON OR GLEANER.—A

2 person or gleaner’’;

3 (ii) by striking ‘‘needy individuals,’’

4 and inserting ‘‘needy individuals.’’;

5 (iii) by inserting after ‘‘needy individ6 uals.’’ (as added by clause (ii)) the follow7 ing:

8 ‘‘(2) LIABILITY OF NONPROFIT ORGANIZATION.—

9 A nonprofit organization shall not be subject to civil

10 or criminal liability arising from the nature, age,

11 packaging, or condition of apparently wholesome food

12 or an apparently fit grocery product that the non13 profit organization received as a donation in good

14 faith from a person or gleaner for ultimate distribu15 tion to needy individuals.’’; and

16 (iv) by striking ‘‘except that this para17 graph’’ and inserting the following:

18 ‘‘(3) EXCEPTION.—Paragraphs (1) and (2)’’.

19 (b) TRANSFER TO CHILD NUTRITION ACT OF 1966.—

20 Section 402 of the National and Community Service Act

21 of 1990 (42 U.S.C. 12672) (as amended by subsection

22 (a))—

23 (1) is transferred from the National and Com24 munity Service Act of 1990 to the Child Nutrition

25 Act of 1966;
4

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1 (2) is redesignated as section 22 of the Child Nu2 trition Act of 1966; and

3 (3) is added at the end of such Act.

Union Calendar No. 338

104TH CONGRESS

2D SESSION H. R. 2428

[Report No. 104–661]

A BILL

To encourage the donation of food and grocery

force and effect of law.Good Samaritan Food Donation Act the fulltion to needy individuals by giving the Modelproducts to nonprofit organizations for distribuJULY 9, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and