Title: Farm to Food Bank Act of 2018
Policy area: Agriculture and Food

Summary:
Farm to Food Bank Act of 2018
This bill amends the Food, Conservation, and Energy Act of 2008 to require the Department of Agriculture (USDA) to establish a program to allocate funding to states to support the establishment and administration of farm to food bank programs. A "farm to food bank program" is a program under which agricultural producers donate food products to a food bank, an association of food banks, or a food assistance network for free distribution to individuals in need.
The bill also amends the Federal Crop Insurance Act to require the Federal Crop Insurance Corporation to establish a procedure under which an insured crop that is donated by a producer does not qualify as a produced crop under a crop insurance claim.
USDA must coordinate with the Environmental Protection Agency to conduct a study to evaluate and determine methods of measuring food waste, standards for the volume of food waste, and causal factors for food waste.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2824 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2824

To amend the Food, Conservation, and Energy Act of 2008 to establish in 
 each State a network between agricultural producers and food banks to 
    provide food to the needy and reduce food waste, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2018

   Mr. Casey introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Food, Conservation, and Energy Act of 2008 to establish in 
 each State a network between agricultural producers and food banks to 
    provide food to the needy and reduce food waste, 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 ``Farm to Food Bank Act of 2018''.

SEC. 2. FARM TO FOOD BANK PROGRAM.

    The Food, Conservation, and Energy Act of 2008 is amended by 
inserting after section 4405 (7 U.S.C. 7517) the following:

``SEC. 4406. FARM TO FOOD BANK PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Agricultural cooperative.--The term `agricultural 
        cooperative' means a farmers' cooperative described in section 
        521(b)(1) of the Internal Revenue Code of 1986.
            ``(2) Agricultural producer.--The term `agricultural 
        producer' includes--
                    ``(A) an agricultural cooperative;
                    ``(B) a person engaged in farming, ranching, or 
                aquaculture;
                    ``(C) a person engaged in the packing of a food 
                product; and
                    ``(D) a person engaged in the minimal processing of 
                a food product, as determined by the Secretary.
            ``(3) Eligible entity.--The term `eligible entity' means an 
        organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from taxation under 501(a) of 
        that Code that--
                    ``(A) is--
                            ``(i) a food bank;
                            ``(ii) an association of food banks; or
                            ``(iii) a food assistance network; and
                    ``(B) has the expertise and infrastructure to 
                source, aggregate, transport, and distribute an 
                eligible product to individuals in need in the State or 
                region in which the eligible entity is located.
            ``(4) Eligible product.--The term `eligible product' means 
        a food product--
                    ``(A) that is--
                            ``(i) a fruit, vegetable, grain, meat 
                        (including poultry and nonamenable species), 
                        egg, seafood, legume, nut, seed, or dairy 
                        product;
                            ``(ii) grown or produced in the United 
                        States;
                            ``(iii) fresh or minimally processed, as 
                        determined by the Secretary, taking into 
                        account--
                                    ``(I) distribution needs;
                                    ``(II) food storage availability; 
                                and
                                    ``(III) the availability of that 
                                food product in a State or region; and
                            ``(iv) safe for consumption; and
                    ``(B)(i) for which there is limited access to a 
                retail market or supply chain;
                    ``(ii) that has been grown or otherwise produced 
                for the purpose of donation; or
                    ``(iii) that has been gleaned.
            ``(5) Farm to food bank program.--The term `farm to food 
        bank program' means a program under which agricultural 
        producers donate eligible products to an eligible entity for 
        free distribution to individuals in need.
            ``(6) Glean.--The term `glean' means to collect unharvested 
        crops from the fields of agricultural producers for ultimate 
        free distribution to individuals in need.
            ``(7) Region.--The term `region' means a geographic area, 
        as determined by the Secretary, that comprises--
                    ``(A) one or more States; or
                    ``(B) one or more localities within a State.
            ``(8) State.--The term `State' means--
                    ``(A) a State;
                    ``(B) the District of Columbia;
                    ``(C) an Indian tribe (as defined in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304));
                    ``(D) the Commonwealth of Puerto Rico; and
                    ``(E) any other territory or possession of the 
                United States.
    ``(b) Program Purposes.--The purposes of this section are--
            ``(1) to reduce food waste through gleaning;
            ``(2) to promote food recovery at the agricultural 
        production level;
            ``(3) to provide food to individuals in need; and
            ``(4) to build relationships between agricultural producers 
        and eligible entities through the donation of food.
    ``(c) Establishment.--
            ``(1) In general.--The Secretary shall establish a program 
        under which the Secretary shall allocate funding to a State to 
        support the establishment and administration of a farm to food 
        bank program in that State.
            ``(2) State opt-in.--
                    ``(A) In general.--The Secretary shall allocate 
                funding to a State under paragraph (1) if that State--
                            ``(i) opts in to participate in the 
                        program; and
                            ``(ii) demonstrates an ability to 
                        participate in the program, as determined by 
                        the Secretary.
                    ``(B) State plan.--To receive funding under 
                paragraph (1), a State shall submit to the Secretary an 
                operation and administration plan for a farm to food 
                bank program in that State, which shall include a 
                description of the State agency and the eligible entity 
                that the State shall partner with under subsection 
                (d)(2)(A).
            ``(3) Technical assistance.--
                    ``(A) In general.--Under the program described in 
                paragraph (1), the Secretary shall provide technical 
                assistance and training relating to establishing and 
                administering a farm to food bank program (including 
                training relating to safe food handling) to a State or 
                eligible entity on the request of that State or 
                eligible entity.
                    ``(B) Coordination.--In carrying out subparagraph 
                (A), the Secretary shall coordinate with the 
                Commissioner of Food and Drugs as the Secretary 
                determines is necessary.
    ``(d) State Implementation.--
            ``(1) In general.--A State that receives funds under 
        subsection (c)(1)--
                    ``(A) shall establish and administer a farm to food 
                bank program in the State; and
                    ``(B) may establish and administer a regional farm 
                to food bank program with a neighboring State that 
                receives funds under subsection (c)(1).
            ``(2) Partnership with eligible entity.--
                    ``(A) In general.--To carry out paragraph (1), a 
                State shall partner with an eligible entity--
                            ``(i) that is selected under subparagraph 
                        (B); and
                            ``(ii) for the purpose of--
                                    ``(I) jointly establishing and 
                                administering a farm to food bank 
                                program in the State; or
                                    ``(II) overseeing the establishment 
                                and administration of a farm to food 
                                bank program in the State by that 
                                eligible entity.
                    ``(B) Selection of eligible entity.--A State shall 
                select an eligible entity as a partner under 
                subparagraph (A) by--
                            ``(i) issuing a request for proposals from 
                        eligible entities located in the State or 
                        region, as applicable; and
                            ``(ii) selecting the winning eligible 
                        entity based on criteria determined by the 
                        Secretary under subparagraph (C).
                    ``(C) Criteria for selection.--The Secretary shall 
                establish criteria for the selection of an eligible 
                entity under subparagraph (B) that shall include the 
                requirement that the winning eligible entity--
                            ``(i) is audited for food safety by an 
                        independent third party; and
                            ``(ii) donates food to individuals in need.
            ``(3) Priority of eligible products.--In carrying out 
        paragraph (1)(A), a State shall prioritize eligible products 
        that are fresh and primarily produced in the State or region, 
        as applicable.
            ``(4) Use of funds.--
                    ``(A) Reimbursement for costs.--In carrying out 
                paragraph (1), a State may reimburse an agricultural 
                producer or an eligible entity, as appropriate, 
                participating in a farm to food bank program for 
                eligible costs, as determined by the Secretary, 
                including the cost of--
                            ``(i) producing an eligible product that is 
                        a dairy product;
                            ``(ii) harvesting an eligible product;
                            ``(iii) storing an eligible product;
                            ``(iv) minimally processing an eligible 
                        product;
                            ``(v) packing an eligible product; and
                            ``(vi) transporting an eligible product to 
                        an eligible entity.
                    ``(B) Formula.--A State that receives funds under 
                subsection (c)(1) shall distribute funds to eligible 
                entities participating in a farm to food bank program 
                in the State according to a formula--
                            ``(i) determined by the State in 
                        consultation with the eligible entity 
                        partnering with that State; or
                            ``(ii) described in section 251.3(h) of 
                        title 7, Code of Federal Regulations (as in 
                        effect on the date of enactment of this 
                        section).
    ``(e) Funding.--
            ``(1) Allocation of funds.--In carrying out subsection 
        (c)(1), the Secretary shall allocate funding to each State--
                    ``(A) according to the formula described in section 
                251.3(h) of title 7, Code of Federal Regulations (as in 
                effect on the date of enactment of this section); and
                    ``(B) on a 2-year basis.
            ``(2) Administrative funds.--Of the funding allocated to 
        each State under paragraph (1), not more than 10 percent may be 
        used for administrative costs.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this section.''.

SEC. 3. CROP INSURANCE.

    Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)) 
is amended by adding at the end the following:
            ``(11) Food donation as alternative use.--
                    ``(A) Definition of donate.--In this paragraph, the 
                term `donate' means to give without requiring anything 
                of monetary value from the recipient.
                    ``(B) Effect on crop insurance.--The Corporation 
                shall establish a procedure under which an insured crop 
                that is donated by a producer does not qualify as a 
                produced crop under a crop insurance claim.''.

SEC. 4. STUDY ON FOOD WASTE.

    (a) Definition of Food Waste.--In this section, the term ``food 
waste'' means food waste that occurs--
            (1) on the farm and ranch production level; and
            (2) before and after the harvest period.
    (b) Study.--The Secretary of Agriculture, in coordination with the 
Administrator of the Environmental Protection Agency and the 
Commissioner of Food and Drugs, shall conduct a study to evaluate and 
determine--
            (1) methods of measuring food waste;
            (2) standards for the volume of food waste; and
            (3) causal factors for food waste.
    (c) Initial Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Agriculture shall submit a 
report that describes the results of the study conducted under 
subsection (b) to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate.
    (d) Annual Report.--Not later than 1 year after the date of 
submission of the report under subsection (c), and annually thereafter, 
the Secretary of Agriculture shall submit to the Committee on 
Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report that 
describes--
            (1) food waste during the 1-year period ending on the date 
        of submission of the report under this subsection; and
            (2) the methods that the Secretary shall implement to 
        reduce food waste.
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