II 

115TH CONGRESS 

2D SESSION S. 2787 

To amend the Child Nutrition Act of 1966 to clarify and expand food 

donation under the Bill Emerson Good Samaritan Food Donation Act, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2018 

Mr. HATCH introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Child Nutrition Act of 1966 to clarify and 

expand food donation under the Bill Emerson Good Samaritan Food Donation Act, 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 Act 

5 of 2018’’. 

6 SEC. 2. BILL EMERSON GOOD SAMARITAN FOOD DONATION 

7 ACT. 

8 Section 22 of the Child Nutrition Act of 1966 (42 

9 U.S.C. 1791) is amended— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘quality and labeling’’ 

4 and inserting ‘‘safety and safety-related la5 beling’’; and 

6 (ii) by inserting ‘‘being past date 

7 label,’’ after ‘‘surplus,’’; 

8 (B) in paragraph (2)— 

9 (i) by striking ‘‘quality and labeling’’ 

10 and inserting ‘‘safety and safety-related la11 beling’’; and 

12 (ii) by inserting ‘‘being past date 

13 label,’’ after ‘‘surplus,’’; 

14 (C) in paragraph (3), by striking ‘‘not re15 quired to give anything of monetary value’’ and 

16 inserting ‘‘not required to give anything of 

17 monetary value or is charged a good Samaritan 

18 reduced price’’; 

19 (D) by redesignating paragraphs (6) 

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

21 respectively; 

22 (E) by inserting after paragraph (5) the 

23 following: 

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

25 term ‘good Samaritan reduced price’ means, with reVerDate Sep 11 2014 04:37 May 04, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2787.IS S2787

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1 spect to the price of an apparently wholesome food 

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

3 an amount not greater than the cost of handling, ad4 ministering, and distributing the apparently whole5 some food or apparently fit grocery product.’’; and 

6 (F) by inserting after paragraph (11) (as 

7 redesignated by subparagraph (D)) the fol8 lowing: 

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

10 ‘qualified direct donor’ means a retail grocer, whole11 saler, agricultural producer, restaurant, caterer, 

12 school food authority, or institution of higher edu13 cation (as defined in section 102 of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1002))’’; and 

15 (2) in subsection (c)— 

16 (A) in paragraph (1) by inserting ‘‘or sells 

17 at a good Samaritan reduced price’’ after ‘‘do18 nates in good faith’’; 

19 (B) in paragraph (2) by inserting ‘‘or sale 

20 at a good Samaritan reduced price’’ after ‘‘ulti21 mate distribution’’; 

22 (C) by redesignating paragraph (3) as 

23 paragraph (4); 

24 (D) by inserting after paragraph (2) the 

25 following: 


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1 ‘‘(3) DIRECT DONATIONS TO NEEDY INDIVID2 UALS.—A qualified direct donor shall not be subject 

3 to civil or criminal liability arising from the nature, 

4 age, packaging, or condition of apparently whole5 some food or an apparently fit grocery product that 

6 the qualified direct donor donates in good faith or 

7 sells at a good Samaritan reduced price to a needy 

8 individual.’’; and 

9 (E) in paragraph (4) (as redesignated by 

10 subparagraph (C)) by striking ‘‘Paragraphs (1) 

11 and (2)’’ and inserting ‘‘Paragraphs (1) 

12 through (3)’’. 

13 SEC. 3. REGULATIONS. 

14 Not later than 180 days after the date of enactment 

15 of this Act, the Secretary of Agriculture shall— 

16 (1) in consultation with the Secretary of Health 

17 and Human Services, issue regulations with respect 

18 to the safety and safety-related labeling standards of 

19 an apparently wholesome food and an apparently fit 

20 grocery product under section 22 of the Child Nutri21 tion Act of 1966 (42 U.S.C. 1791) (as amended by 

22 section 2); 

23 (2) promote awareness of food donation under 

24 that section; and 


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1 (3) issue guidance with respect to the amend2 ments made by this Act. 

Æ 


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