Sec. 2. Bill Emerson Good Samaritan Food Donation Act
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Section 22 of the Child Nutrition Act of 1966 ( 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 being past date label, after surplus, ; in paragraph (2)— by striking quality and labeling and inserting safety and safety-related labeling ; and by inserting being past 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 is 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 new paragraph: The term good Samaritan reduced price means an apparently wholesome food or an apparently fit grocery product that is priced at an amount not greater than the cost of handling, administering, and distributing such 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 sale at a good Samaritan reduced price after ultimate distribution ; by redesignating paragraph
(3)as paragraph (4); by inserting after paragraph
(2)the following new paragraph: 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. In this paragraph, 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 in paragraph (4), as redesignated by subparagraph (C), by striking Paragraphs
(1)and
(2)and inserting Paragraphs (1), (2), and
(3).
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