A bill to amend the Bill Emerson Good Samaritan Food Donation Act to improve the program, and for other purposes.
Bill: S.5329 | Sponsor: Sen. Blumenthal, Richard (D-CT)
Policy area: Agriculture and Food

Summary:
This act expands liability protections for the donation of food and grocery products.
Specifically, the act expands the liability protections to include donations of an apparently fit grocery product or apparently wholesome food

[117th Congress Public Law 362]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 6295]]

Public Law 117-362
117th Congress

                                 An Act


 
 To amend the Bill Emerson Good Samaritan Food Donation Act to improve 
    the program, and for other purposes. <<NOTE: Jan. 5, 2023 -  [S. 
                                5329]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.

    The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) 
is amended--
            (1) <<NOTE: Definitions.>>  in subsection (b)--
                    (A) in paragraph (3), by inserting ``or is charged a 
                good Samaritan reduced price'' before the period at the 
                end;
                    (B) by redesignating paragraphs (6) through (10) as 
                paragraphs (7) through (11), respectively;
                    (C) by inserting after paragraph (5) the following:
            ``(6) Good samaritan reduced price.--The term `good 
        Samaritan reduced price' means, with respect to the price of an 
        apparently wholesome food or apparently fit grocery product, a 
        price that is an amount not greater than the cost of handling, 
        administering, harvesting, processing, packaging, transporting, 
        and distributing the apparently wholesome food or apparently fit 
        grocery product.''; and
                    (D) by adding at the end the following:
            ``(12) Qualified direct donor.--The term `qualified direct 
        donor' means a retail grocer, wholesaler, agricultural producer, 
        agricultural processor, agricultural distributor, 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
            (2) in subsection (c)--
                    (A) in paragraphs (1) and (2), by inserting ``at 
                zero cost or at a good Samaritan reduced price'' after 
                ``needy individuals'' each place it appears;
                    (B) by redesignating paragraph (3) as paragraph (4);
                    (C) by inserting after paragraph (2) the following:

[[Page 136 STAT. 6296]]

            ``(3) Direct donations to needy individuals.--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 to a needy 
        individual at zero cost.''; and
                    (D) in paragraph (4) (as so redesignated), by 
                striking ``and (2)'' and inserting ``, (2), and (3)''.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 5329:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 20, considered and passed Senate.
            Dec. 21, considered and passed House.

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