I 
115TH CONGRESS 
1ST SESSION 
H. R. 952 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2017 
Ms. FUDGE (for herself, Mr. NEWHOUSE, Ms. PINGREE, and Mr. MCGOVERN) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce 
A BILL 
To amend the Child Nutrition Act of 1966 to clarify and 
expand food donation under the Bill Emerson Good Sa-
maritan Food Donation Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Food Donation Act 
of 2017’’. 
SEC. 2. BILL EMERSON GOOD SAMARITAN FOOD DONATION 
ACT. 
Section 22 of the Child Nutrition Act of 1966 (42 
U.S.C. 1791) is amended— 
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(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘quality and labeling’’ 
and inserting ‘‘safety and safety-related la-
beling’’; and 
(ii) by inserting ‘‘being past date 
label,’’ after ‘‘surplus,’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘quality and labeling’’ 
and inserting ‘‘safety and safety-related la-
beling’’; and 
(ii) by inserting ‘‘being past date 
label,’’ after ‘‘surplus,’’; 
(C) in paragraph (3), by striking ‘‘not re-
quired to give anything of monetary value’’ and 
inserting ‘‘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’ means an ap-
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parently wholesome food or an apparently fit grocery 
product that is priced at an amount not greater than 
the cost of handling, administering, and distributing 
such apparently wholesome food or apparently fit 
grocery product.’’; and 
(2) in subsection (c)— 
(A) in paragraph (1) by inserting ‘‘or sells 
at a good Samaritan reduced price’’ after ‘‘do-
nates in good faith’’; 
(B) in paragraph (2) by inserting ‘‘or sale 
at a good Samaritan reduced price’’ after ‘‘ulti-
mate distribution’’; 
(C) by redesignating paragraph (3) as 
paragraph (4); 
(D) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) DIRECT DONATIONS TO NEEDY INDIVID-
UALS.— 
‘‘(A) IN
GENERAL.—A qualified direct 
donor shall not be subject to civil or criminal li-
ability 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 
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good Samaritan reduced price to a needy indi-
vidual. 
‘‘(B) QUALIFIED
DIRECT
DONORS
DE-
FINED.—In this paragraph, the term ‘qualified 
direct donor’ means a retail grocer, wholesaler, 
agricultural 
producer, 
restaurant, 
caterer, 
school food authority, or institution of higher 
education (as defined in section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 
1002)).’’; and 
(E) in paragraph (4), as redesignated by 
subparagraph (C), by striking ‘‘Paragraphs (1) 
and (2)’’ and inserting ‘‘Paragraphs (1), (2), 
and (3)’’. 
SEC. 3. REGULATIONS. 
Not later than 180 days after the date of the enact-
ment 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 Nutri-
tion Act of 1966 (42 U.S.C. 1791); 
(2) promote awareness of food donation under 
such section; and 
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(3) issue guidance with respect to the amend-
ments made by this Act. 
Æ 
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