IN THE SENATE OF THE UNITED STATES
November 30, 2021
Mr. Blumenthal (for himself and Mr. Toomey) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
To amend the Bill Emerson Good Samaritan Food Donation Act to clarify and expand food donation, and for other purposes.
This Act may be cited as the
Food Donation Improvement Act of 2021.
Bill Emerson Good Samaritan Food Donation Act
The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) is amended—
in subsection (b)—
in paragraph (3), by inserting
or is charged a good Samaritan reduced price before the period at the end;
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
by inserting after paragraph (5) the following:
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, and distributing the apparently wholesome food or apparently fit grocery product.
by adding at the end the following:
Qualified direct donor
The term qualified direct donor means a retail grocer, wholesaler, agricultural producer, restaurant, caterer, school food authority, and institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)).
in subsection (c)—
in paragraphs (1) and (2), by inserting
at zero cost or at a good Samaritan reduced price after
needy individuals each place it appears;
by redesignating paragraph (3) as paragraph (4);
by inserting after paragraph (2) the following:
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.
in paragraph (4) (as so redesignated), by striking
and (2) and inserting
Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations that clarify the quality and labeling standards that food products donated under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) must meet to be eligible for liability protection under that Act.