Bring Animals Relief and Kibble Act of 2023

To amend the Bill Emerson Good Samaritan Food Donation Act to provide protection for the good faith donation of pet products, and for other purposes. 1. Short title This Act may be cited as the Bring Animals Relief and Kibble Act of 2023 BARK Act of 2023 2. Amendments to definitions Section 22(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1791(b) (1) in paragraph (4), by striking for human consumption for— (A) human consumption; or (B) pet, emotional support animal, or service animal consumption. ; (2) in paragraph (7), by inserting pet supply, household cleaning product, (3) in paragraph (11), by inserting pet food supplier, farmer, (4) by adding at the end the following: (13) Emotional support animal The term emotional support animal (A) covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation); and (B) not a service animal. (14) Pet The term pet (15) Pet supply The term pet supply (16) Service animal The term service animal . 3. Liability with respect to pet product donations Section 22(c) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1791(c) (1) by redesignating paragraph (4) as paragraph (5); (2) in paragraph (5) (as so redesignated)— (A) by striking and (3) (3), and (4) (B) by inserting State or local government, gleaner, (3) by inserting after paragraph (3) the following: (4) Liability with respect to pets, service animals, or emotional support animals (A) Donations made A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of food described in subsection (b)(4)(B) or pet supplies that the person or gleaner donates in good faith to a nonprofit organization or State or unit of local government for direct distribution to pets, service animals, or emotional support animals. (B) Donations received A nonprofit organization or State or unit of local government shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of food described in subsection (b)(4)(B) or pet supplies that the nonprofit organization or State or unit of local government received as a donation in good faith from a person or gleaner for direct distribution to pets, service animals, or emotional support animals. .

Summary: Bring Animals Relief and Kibble Act of 2023 or the BARK Act of 2023This bill provides civil and criminal liability protections for the donation of pet food and pet supplies under the Bill Emerson Good Samaritan Food Donation Act. (The act shields persons that donate and distribute food to nonprofit organizations from liability for injuries caused by those donated products, with exceptions.) Specifically, the bill limits liability for persons or gleaners arising from the nature, age, packaging, or condition of food or pet supplies that are donated in good faith by the person or gleaner to a nonprofit organization, state, or local government for direct distribution to pets, service animals, or emotional support animals. Gleaner means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization, an agricultural crop that has been donated by the owner.Further, the bill limits liability for a nonprofit organization, state, or local government arising from donated items received from a person or gleaner in good faith for direct distribution to pets, service animals, or emotional support animals. The bill also specifies that the existing exception that permits a person, gleaner, or nonprofit organization to be held liable for acts or omissions that constitute gross negligence or intentional misconduct applies to the liability protections established by this bill.