Sec. 2. Farm to food bank program
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The Food, Conservation, and Energy Act of 2008 is amended by inserting after section 4405 ( 7 U.S.C. 7517 ) the following: In this section: The term agricultural cooperative means a farmers' cooperative described in section 521(b)(1) of the Internal Revenue Code of 1986. The term agricultural producer includes— an agricultural cooperative; a person engaged in farming, ranching, or aquaculture; a person engaged in the packing of a food product; and a person engaged in the minimal processing of a food product, as determined by the Secretary.
The term eligible entity means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that— is— a food bank; an association of food banks; or a food assistance network; and has the expertise and infrastructure to source, aggregate, transport, and distribute an eligible product to individuals in need in the State or region in which the eligible entity is located. The term eligible product means a food product— that is— a fruit, vegetable, grain, meat (including poultry and nonamenable species), egg, seafood, legume, nut, seed, or dairy product; grown or produced in the United States; fresh or minimally processed, as determined by the Secretary, taking into account— distribution needs; food storage availability; and the availability of that food product in a State or region; and safe for consumption; and for which there is limited access to a retail market or supply chain; that has been grown or otherwise produced for the purpose of donation; or that has been gleaned.
The term farm to food bank program means a program under which agricultural producers donate eligible products to an eligible entity for free distribution to individuals in need. The term glean means to collect unharvested crops from the fields of agricultural producers for ultimate free distribution to individuals in need. The term region means a geographic area, as determined by the Secretary, that comprises— one or more States; or one or more localities within a State. The term State means— a State; the District of Columbia; an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); the Commonwealth of Puerto Rico; and any other territory or possession of the United States.
The purposes of this section are— to reduce food waste through gleaning; to promote food recovery at the agricultural production level; to provide food to individuals in need; and to build relationships between agricultural producers and eligible entities through the donation of food. The Secretary shall establish a program under which the Secretary shall allocate funding to a State to support the establishment and administration of a farm to food bank program in that State. The Secretary shall allocate funding to a State under paragraph
(1)if that State— opts in to participate in the program; and demonstrates an ability to participate in the program, as determined by the Secretary. To receive funding under paragraph (1), a State shall submit to the Secretary an operation and administration plan for a farm to food bank program in that State, which shall include a description of the State agency and the eligible entity that the State shall partner with under subsection (d)(2)(A). Under the program described in paragraph (1), the Secretary shall provide technical assistance and training relating to establishing and administering a farm to food bank program (including training relating to safe food handling) to a State or eligible entity on the request of that State or eligible entity. In carrying out subparagraph (A), the Secretary shall coordinate with the Commissioner of Food and Drugs as the Secretary determines is necessary. A State that receives funds under subsection (c)(1)— shall establish and administer a farm to food bank program in the State; and may establish and administer a regional farm to food bank program with a neighboring State that receives funds under subsection (c)(1). To carry out paragraph (1), a State shall partner with an eligible entity— that is selected under subparagraph (B); and for the purpose of— jointly establishing and administering a farm to food bank program in the State; or overseeing the establishment and administration of a farm to food bank program in the State by that eligible entity. A State shall select an eligible entity as a partner under subparagraph
(A)by— issuing a request for proposals from eligible entities located in the State or region, as applicable; and selecting the winning eligible entity based on criteria determined by the Secretary under subparagraph (C). The Secretary shall establish criteria for the selection of an eligible entity under subparagraph
(B)that shall include the requirement that the winning eligible entity— is audited for food safety by an independent third party; and donates food to individuals in need. In carrying out paragraph (1)(A), a State shall prioritize eligible products that are fresh and primarily produced in the State or region, as applicable. In carrying out paragraph (1), a State may reimburse an agricultural producer or an eligible entity, as appropriate, participating in a farm to food bank program for eligible costs, as determined by the Secretary, including the cost of— producing an eligible product that is a dairy product; harvesting an eligible product; storing an eligible product; minimally processing an eligible product; packing an eligible product; and transporting an eligible product to an eligible entity. A State that receives funds under subsection (c)(1) shall distribute funds to eligible entities participating in a farm to food bank program in the State according to a formula— determined by the State in consultation with the eligible entity partnering with that State; or described in section 251.3(h) of title 7, Code of Federal Regulations (as in effect on the date of enactment of this section). In carrying out subsection (c)(1), the Secretary shall allocate funding to each State— according to the formula described in section 251.3(h) of title 7, Code of Federal Regulations (as in effect on the date of enactment of this section); and on a 2-year basis. Of the funding allocated to each State under paragraph (1), not more than 10 percent may be used for administrative costs. There are authorized to be appropriated such sums as are necessary to carry out this section. .
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