Title: A bill to amend the Bill Emerson Good Samaritan Food Donation Act to improve the program, and for other purposes.
Policy area: Agriculture and Food

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

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5329 Considered and Passed Senate (CPS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5329

 To amend the Bill Emerson Good Samaritan Food Donation Act to improve 
                  the program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2022

  Mr. Blumenthal introduced the following bill; which was read twice, 
              considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL


 
 To amend the Bill Emerson Good Samaritan Food Donation Act to improve 
                  the program, 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. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.

    The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) 
is amended--
            (1) 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:
            ``(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)''.
                                 <all>