II 

117TH CONGRESS 

1ST SESSION S. 3281 

To amend the Bill Emerson Good Samaritan Food Donation Act to clarify 

and expand food donation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2021 

Mr. BLUMENTHAL (for himself and Mr. TOOMEY) introduced the following 

bill; which was read twice and referred to the Committee on Agriculture, 

Nutrition, and Forestry 

A BILL 

To amend the Bill Emerson Good Samaritan Food Donation 

Act to clarify and expand food donation, 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 Im5 provement Act of 2021’’. 

6 SEC. 2. BILL EMERSON GOOD SAMARITAN FOOD DONATION 

7 ACT. 

8 The Bill Emerson Good Samaritan Food Donation 

9 Act (42 U.S.C. 1791) is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 3281 IS

1 (1) in subsection (b)— 

2 (A) in paragraph (3), by inserting ‘‘or is 

3 charged a good Samaritan reduced price’’ be4 fore the period at the end; 

5 (B) by redesignating paragraphs (6) 

6 through (10) as paragraphs (7) through (11), 

7 respectively; 

8 (C) by inserting after paragraph (5) the 

9 following: 

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

11 term ‘good Samaritan reduced price’ means, with re12 spect to the price of an apparently wholesome food 

13 or apparently fit grocery product, a price that is an 

14 amount not greater than the cost of handling, ad15 ministering, and distributing the apparently whole16 some food or apparently fit grocery product.’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(12) QUALIFIED DIRECT DONOR.—The term 

19 ‘qualified direct donor’ means a retail grocer, whole20 saler, agricultural producer, restaurant, caterer, 

21 school food authority, and institution of higher edu22 cation (as defined in section 102 of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1002)).’’; and 

24 (2) in subsection (c)— 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 3281 IS

1 (A) in paragraphs (1) and (2), by inserting 

2 ‘‘at zero cost or at a good Samaritan reduced 

3 price’’ after ‘‘needy individuals’’ each place it 

4 appears; 

5 (B) by redesignating paragraph (3) as 

6 paragraph (4); 

7 (C) by inserting after paragraph (2) the 

8 following: 

9 ‘‘(3) DIRECT DONATIONS TO NEEDY INDIVID10 UALS.—A qualified direct donor shall not be subject 

11 to civil or criminal liability arising from the nature, 

12 age, packaging, or condition of apparently whole13 some food or an apparently fit grocery product that 

14 the qualified direct donor donates in good faith to a 

15 needy individual.’’; and 

16 (D) in paragraph (4) (as so redesignated), 

17 by striking ‘‘and (2)’’ and inserting ‘‘through 

18 (3)’’. 

19 SEC. 3. REGULATIONS. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Secretary of Agriculture shall issue regula22 tions that clarify the quality and labeling standards that 

23 food products donated under the Bill Emerson Good SaVerDate Sep 11 2014 05:13 Dec 02, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3281.IS S3281

pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 3281 IS

1 maritan Food Donation Act (42 U.S.C. 1791) must meet 

2 to be eligible for liability protection under that Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS