Sec. 1022. Bill Emerson Good Samaritan Food Donation Act
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/bill/117/hr/8450/ih/section-1022·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 adding or is charged a good Samaritan Reduced Price before the period at the end; in paragraph (4), by striking for human and inserting the following: for— human consumption; or pet, emotional support animal, or service animal consumption. ; in paragraph (6), by adding pet supply, after cleaning product, ; in paragraph (10), by inserting pet food supplier, school, school food authority, after caterer, farmer, ; by adding at the end the following:
The term emotional support animal means an animal that is covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation) and that is not a service animal. The term good Samaritan reduced price means, with respect to an apparently wholesome food or an apparently fit grocery product, a price that is an amount not greater than the cost of handling, administering, and distributing such food or grocery product. The term pet means a domesticated animal that is kept for pleasure rather than for commercial purposes.
The term pet supplies means tangible personal property used for the caring of pets. 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 101 or 102(a)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ; 1002(a)(1)(B))). The term service animal has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or a successor regulation). ; and by reordering paragraphs
(1)through
(10)and the paragraphs added by subparagraph
(G)of this paragraph in alphabetical order based on the headings of such paragraphs, and renumbering such paragraphs as so reordered; in subsection (c)— in paragraph (1)— by inserting or State or unit of local government after nonprofit organization ; and by inserting or sale at a good Samaritan reduced price after ultimate distribution ; in paragraph (2), by inserting or sale at a good Samaritan reduced price after ultimate distribution ; by adding at the end the following: A State or unit of local government shall not be subject to liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the State or unit of local government received as a donation in good faith from a person, gleaner, or nonprofit organization for ultimate distribution 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 needy individuals. ; by redesignating paragraph
(3)as paragraph (5); and in paragraph (5), as so redesignated by subparagraph (D)— by striking Paragraphs
(1)and
(2)and inserting Paragraphs (1), (2), (3), and
(4); and by inserting qualified direct donor, State or local government, after person, gleaner, ; and in subsection (e), by inserting or State or unit of local government after the nonprofit organization .
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