H. R. 2428

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. CONVERSION TO PERMANENT LAW OF MODEL GOOD

SAMARITAN FOOD DONATION ACT AND TRANSFER OF

THAT ACT TO CHILD NUTRITION ACT OF 1966.

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

and Community Service Act of 1990 is amended—

(1) by striking the title heading and sections 401 and

403 (42 U.S.C. 12671 and 12673); and

(2) in section 402 (42 U.S.C. 12672)—

(A) in the section heading, by striking ‘‘MODEL’’ and

inserting ‘‘BILL EMERSON’’;

(B) in subsection (a), by striking ‘‘Good Samaritan’’

and inserting ‘‘Bill Emerson Good 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.’’;

(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
H. R. 2428—2

of the person, gleaner, or nonprofit organization, as applicable,

constituting gross negligence or intentional misconduct.’’; and

(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.’’.

(b) TRANSFER TO CHILD NUTRITION ACT OF 1966.—Section 402

of the National and Community Service Act of 1990 (42 U.S.C.

12672) (as amended by subsection (a))—

(1) is transferred from the National and Community Service

Act of 1990 to the Child Nutrition Act of 1966;

(2) is redesignated as section 22 of the Child Nutrition

Act of 1966; and

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

(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.