Food Donation Act of 2018

Bill: 115-s-2787
Sponsor: full_name: Sen. Hatch, Orrin G. [R-UT]
Introduced: 2018-04-26
Policy area: Agriculture and Food
Subjects: Administrative law and regulatory procedures

Charitable contributions

Civil actions and liability

Department of Agriculture

Food assistance and relief

Food industry and services

Food supply, safety, and labeling

Retail and wholesale trades
Latest action: action_date: 2018-04-26
text: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Summaries:
action_date: 2018-04-26
action_desc: Introduced in Senate
text: <p><b>Food Donation Act of 201</b><b>8</b></p> <p>This bill amends the Bill Emerson Good Samaritan Food Donation Act to expand the liability protections for the donation of food. </p> <p>The bill expands the liability protections to include donations of an apparently fit grocery product or apparently wholesome food: </p> <ul> <li> that is mislabeled in a manner that is not related to safety and safety-related labeling standards and regulations; </li> <li> meets safety and safety-related labeling standards and regulations but is past the date label; </li> <li> for which the recipient is charged a &quot;good Samaritan reduced&quot; price that is no greater than the cost of handling, administering, and distributing the product; or </li> <li> that is donated directly to a needy individual by a retail grocer, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education. </li> </ul> <p>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. </p>

tv_txt: II 115th CONGRESS 2d Session S. 2787 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.

1. Short title This Act may be cited as the Food Donation Act of 2018 . 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) . 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.