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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2428 Enrolled Bill (ENR)]

        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 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.
```