Food Donation Act of 2017

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. Short title This Act may be cited as the Food Donation Act of 2017 2. Bill Emerson Good Samaritan Food Donation Act Section 22 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1791 (1) in subsection (b)— (A) in paragraph (1)— (i) by striking quality and labeling safety and safety-related labeling (ii) by inserting being past date label, surplus, (B) in paragraph (2)— (i) by striking quality and labeling safety and safety-related labeling (ii) by inserting being past date label, surplus, (C) in paragraph (3), by striking not required to give anything of monetary value not required to give anything of monetary value or is charged a good Samaritan Reduced Price (D) by redesignating paragraphs (6), (7), (8), (9), and (10) as paragraphs (7), (8), (9), (10), and (11), respectively; and (E) by inserting after paragraph (5) the following new paragraph: (6) Good Samaritan reduced price The term good Samaritan reduced price ; and (2) in subsection (c)— (A) in paragraph (1) by inserting or sells at a good Samaritan reduced price donates in good faith (B) in paragraph (2) by inserting or sale at a good Samaritan reduced price ultimate distribution (C) by redesignating paragraph (3) as paragraph (4); (D) by inserting after paragraph (2) the following new paragraph: (3) Direct donations to needy individuals (A) In general A qualified direct donor 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 qualified direct donor donates in good faith or sells at a good Samaritan reduced price to a needy individual. (B) Qualified direct donors defined In this paragraph, the term qualified direct donor 20 U.S.C. 1002 ; and (E) in paragraph (4), as redesignated by subparagraph (C), by striking Paragraphs (1) and (2) Paragraphs (1), (2), and (3) 3. Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall— (1) in consultation with the Secretary of Health and Human Services, issue regulations with respect to the safety and safety-related labeling standards of apparently wholesome food and an apparently fit grocery product under section 22 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1791 (2) promote awareness of food donation under such section; and (3) issue guidance with respect to the amendments made by this Act.

Summary: Food Donation Act of 2017 This bill amends the Bill Emerson Good Samaritan Food Donation Act to expand the liability protections for the donation of food. The bill expands the liability protections to include donations of an apparently fit grocery product or apparently wholesome food: that is mislabeled in a manner that is not related to safety and safety-related labeling standards and regulations; meets safety and safety-related labeling standards and regulations but is past the date label; for which the recipient is charged a "good Samaritan reduced" price that is no greater than the cost of handling, administering, and distributing the product; or that is donated directly to a needy individual by a retail grocer, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education. The Department of Agriculture must: (1) issue regulations with respect to the safety and safety-related labeling standards of apparently wholesome food and an apparently fit grocery product under the Bill Emerson Good Samaritan Food Donation Act, (2) promote awareness of food donation under the Act, and (3) issue guidance with respect to the amendments made by this bill.