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S. 3281 (117th): Food Donation Improvement Act of 2021

The text of the bill below is as of Dec 21, 2022 (Preprint (Suspension)). The bill was not enacted into law.

ELT22681 W7J                                                     S.L.C.

                        S. ll

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

 llllllllll introduced the following bill; which was read twice
    and referred to the Committee on llllllllll

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

 1        Be it enacted by the Senate and House of Representa-
 2 tives of the United States of America in Congress assembled,

 4                 TION ACT.

 5        The Bill Emerson Good Samaritan Food Donation
 6 Act (42 U.S.C. 1791) is amended—
 7             (1) in subsection (b)—
 8                   (A) in paragraph (3), by inserting ‘‘or is
 9             charged a good Samaritan reduced price’’ be-
10             fore the period at the end;

ELT22681 W7J S.L.C. 2 1 (B) by redesignating paragraphs (6) 2 through (10) as paragraphs (7) through (11), 3 respectively; 4 (C) by inserting after paragraph (5) the 5 following: 6 ‘‘(6) GOOD SAMARITAN REDUCED PRICE.—The 7 term ‘good Samaritan reduced price’ means, with re- 8 spect to the price of an apparently wholesome food 9 or apparently fit grocery product, a price that is an 10 amount not greater than the cost of handling, ad- 11 ministering, harvesting, processing, packaging, 12 transporting, and distributing the apparently whole- 13 some food or apparently fit grocery product.’’; and 14 (D) by adding at the end the following: 15 ‘‘(12) QUALIFIED DIRECT DONOR.—The term 16 ‘qualified direct donor’ means a retail grocer, whole- 17 saler, agricultural producer, agricultural processor, 18 agricultural distributor, restaurant, caterer, school 19 food authority, or institution of higher education (as 20 defined in section 102 of the Higher Education Act 21 of 1965 (20 U.S.C. 1002)).’’; and 22 (2) in subsection (c)— 23 (A) in paragraphs (1) and (2), by inserting 24 ‘‘at zero cost or at a good Samaritan reduced
ELT22681 W7J S.L.C. 3 1 price’’ after ‘‘needy individuals’’ each place it 2 appears; 3 (B) by redesignating paragraph (3) as 4 paragraph (4); 5 (C) by inserting after paragraph (2) the 6 following: 7 ‘‘(3) DIRECT DONATIONS TO NEEDY INDIVID- 8 UALS.—A qualified direct donor shall not be subject 9 to civil or criminal liability arising from the nature, 10 age, packaging, or condition of apparently whole- 11 some food or an apparently fit grocery product that 12 the qualified direct donor donates in good faith to a 13 needy individual at zero cost.’’; and 14 (D) in paragraph (4) (as so redesignated), 15 by striking ‘‘and (2)’’ and inserting ‘‘, (2), and 16 (3)’’.