Title: Food Donation Act of 2017
Policy area: Agriculture and Food

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:
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]
[H.R. 952 Introduced in House (IH)]

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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 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 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--
            (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), (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 apparently 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 ``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 
                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' 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 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.
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