```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2428 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        August 2, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
2428) entitled ``An Act 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'', do pass with the following

                              AMENDMENTS:

(1)Page 2, line 8, after ``striking'' insert: the title heading and

(2)Page 2, strike out line 15 and insert:
                Samaritan'';
                    (C) in subsection (b)(7), to read as follows:
            ``(7) Gross negligence.--The term `gross negligence' means 
        voluntary and conscious conduct (including a failure to act) by 
        a person who, at the time of the conduct, knew that the conduct 
        was likely to be harmful to the health or well-being of another 
        person.'';

(3)Page 2, strike out all after line 15, over to and including line 11 
on page 3 and insert:
                    (D) by striking subsection (c) and inserting the 
                following:
    ``(c) Liability for Damages From Donated Food and Grocery 
Products.--
            ``(1) Liability of person or gleaner.--A person or gleaner 
        shall not be subject to civil or criminal liability arising 
        from the nature, age, packaging, or condition of apparently 
        wholesome food or an apparently fit grocery product that the 
        person or gleaner donates in good faith to a nonprofit 
        organization for ultimate distribution to needy individuals.
            ``(2) Liability of nonprofit organization.--A nonprofit 
        organization shall not be subject to civil or criminal 
        liability arising from the nature, age, packaging, or condition 
        of apparently wholesome food or an apparently fit grocery 
        product that the nonprofit organization received as a donation 
        in good faith from a person or gleaner for ultimate 
        distribution to needy individuals.
            ``(3) Exception.--Paragraphs (1) and (2) shall not apply to 
        an injury to or death of an ultimate user or recipient of the 
        food or grocery product that results from an act or omission of 
        the person, gleaner, or nonprofit organization, as applicable, 
        constituting gross negligence or intentional misconduct.''; and

(4)Page 3, after line 11 insert:
                    (E) in subsection (f), by adding at the end the 
                following: ``Nothing in this section shall be construed 
                to supercede State or local health regulations.''.

(5)Page 4, after line 1 insert:
    (c) Conforming Amendment.--The table of contents for the National 
and Community Service Act of 1990 is amended by striking the items 
relating to title IV.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 2428

_______________________________________________________________________

                               AMENDMENTS
```