Sec. 201. Good Samaritan food donation
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The Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791 ) is amended— in subsection (b)— in paragraph (1)— by striking quality and labeling and inserting safety and safety-related labeling ; and by inserting passage of a date on a date label, after surplus, ; in paragraph (2)— by striking quality and labeling and inserting safety and safety-related labeling ; and by inserting passage of a date on a date label, after surplus, ; in paragraph (3), by striking not required to give anything of monetary value and inserting not required to give anything of monetary value or charged a good Samaritan reduced price ; by redesignating paragraphs (6), (7), (8), (9), and
(10)as paragraphs (7), (8), (9), (10), and (11), respectively; and by inserting after paragraph
(5)the following: The term good Samaritan reduced price means the price of an apparently wholesome food or an apparently fit grocery product that is an amount not greater than the cost of handling, administering, and distributing the apparently wholesome food or apparently fit grocery product. ; and in subsection (c)— in paragraph (1), by inserting or sells at a good Samaritan reduced price after donates in good faith ; in paragraph (2), by inserting or from a sale at a good Samaritan reduced price after donation in good faith ; by redesignating paragraph
(3)as paragraph (4); by inserting after paragraph
(2)the following: A qualified direct donor described in subparagraph
(B)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. A qualified direct donor referred to in subparagraph
(A)is 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 in paragraph
(4)(as redesignated by subparagraph (C)), by striking Paragraphs
(1)and
(2)and inserting Paragraphs (1), (2), and
(3). Not later than 180 days after the date of enactment of this Act, the Secretary shall— 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 the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791 ) (as amended by subsection (a)); promote awareness of food donation under that Act (as amended by subsection (a)); and issue guidance with respect to the amendments made by subsection (a).
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