Title: Food Donation Act of 2018
Policy area: Agriculture and Food

Summary:
Food Donation Act of 2018
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:
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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2787 Introduced in Senate (IS)]

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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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Donation Act of 2018''.

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--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``quality and labeling'' 
                        and inserting ``safety and safety-related 
                        labeling''; 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 
                        labeling''; and
                            (ii) by inserting ``being past date 
                        label,'' after ``surplus,'';
                    (C) in paragraph (3), by striking ``not required 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) through (10) as 
                paragraphs (7) through (11), respectively;
                    (E) 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 an apparently fit grocery product, 
        a price that is an amount not greater than the cost of 
        handling, administering, and distributing the apparently 
        wholesome food or apparently fit grocery product.''; and
                    (F) by inserting after paragraph (11) (as 
                redesignated by subparagraph (D)) the following:
            ``(12) Qualified direct donor.--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
            (2) in subsection (c)--
                    (A) in paragraph (1) by inserting ``or sells at a 
                good Samaritan reduced price'' after ``donates in good 
                faith'';
                    (B) in paragraph (2) by inserting ``or sale at a 
                good Samaritan reduced price'' after ``ultimate 
                distribution'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4);
                    (D) by inserting after paragraph (2) the following:
            ``(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 
        or sells at a good Samaritan reduced price to a needy 
        individual.''; and
                    (E) in paragraph (4) (as redesignated by 
                subparagraph (C)) by striking ``Paragraphs (1) and 
                (2)'' and inserting ``Paragraphs (1) through (3)''.

SEC. 3. REGULATIONS.

    Not later than 180 days after the date of 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 an apparently wholesome 
        food and an apparently fit grocery product under section 22 of 
        the Child Nutrition Act of 1966 (42 U.S.C. 1791) (as amended by 
        section 2);
            (2) promote awareness of food donation under that section; 
        and
            (3) issue guidance with respect to the amendments made by 
        this Act.
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