US Codex
Bill
Notes

Title II — Retail and restaurants

H.R. 5841 · 116th Congress · Feb 11, 2020 · Lineage

II Retail and restaurants

Sec. 201 Good Samaritan food donation

(a)
In general— The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by striking “quality and labeling” and inserting “safety and safety-related labeling”; and
(ii)
by inserting “passage of a date on a date label,” after “surplus,”;
(B)
in paragraph (2)—
(i)
by striking “quality and labeling” and inserting “safety and safety-related labeling”; and
(ii)
by inserting “passage of a date on a date label,” after “surplus,”;
(C)
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”;
(D)
by redesignating paragraphs (6), (7), (8), (9), and (10) as paragraphs (7), (8), (9), (10), and (11), respectively; and
(E)
by inserting after paragraph (5) the following:

“(6) Good samaritan reduced price—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.”

(2)
in subsection (c)—
(A)
in paragraph (1), by inserting “or sells at a good Samaritan reduced price” after “donates in good faith”;
(B)
in paragraph (2), by inserting “or from a sale at a good Samaritan reduced price” after “donation in good faith”;
(C)
by redesignating paragraph (3) as paragraph (4);
(D)
by inserting after paragraph (2) the following:

“(3) Direct donations to needy individuals

“(A) In general—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.

“(B) Qualified direct donor described—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)).”

(E)
in paragraph (4) (as redesignated by subparagraph (C)), by striking “Paragraphs (1) and (2)” and inserting “Paragraphs (1), (2), and (3)”.
(b)
Regulations; guidance— Not later than 180 days after the date of enactment of this Act, the Secretary shall—
(1)
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));
(2)
promote awareness of food donation under that Act (as amended by subsection (a)); and
(3)
issue guidance with respect to the amendments made by subsection (a).

Sec. 202 Report on food donation by retail food stores

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the recommendations of the Secretary with respect to methods of increasing food donation by retail food stores, as defined by the Secretary.

Sec. 203 Use of Commodity Credit Corporation funds to cover Emergency Food Assistance Program storage and distribution costs

Section 204 of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508) is amended—
(1)
by striking the section designation and heading and all that follows through “available to the States” in the first sentence of subsection (a)(1) and inserting the following:

“204. Funds for State storage and distribution costs

“(a) Authorization

“(1) Processing, storage, transport, and distribution

“(A) In general—Using funds of the Commodity Credit Corporation, the Secretary shall make available to the States $100,000,000 for fiscal year 2021 and each fiscal year thereafter”

(2)
in subsection (a)(1)—
(A)
in the second sentence, by striking “Funds appropriated” and inserting the following:

“(B) Method of allocation—Funds made available”

(B)
in the third sentence, by striking “If a State” and inserting the following:

“(C) Unused funds—If a State”

(3)
in subsection (b)—
(A)
by striking “(b) The value” and inserting the following:

“(b) Treatment—The value”

(B)
by striking “appropriations made or authorized under this section” and inserting “amounts made available under subsection (a)(1)”.

Sec. 204 Expansion of charitable deduction for contributions of food inventory

(a)
Nonprofit retail sales— Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:

“(vii) Nonprofit retail sale—For purposes of clause (i), a charitable contribution of food includes a contribution to or for the use of an organization described in subsection (c) that is a food bank, food pantry, soup kitchen, or other similar organization which holds such food for nonprofit retail sale. For purposes of the preceding sentence, the terms “food bank”, “food pantry”, and “soup kitchen” have the meanings given such terms by section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501).”

(b)
Effective date— Except as otherwise provided in this subsection, the amendment made by this section shall apply to contributions made after the date of the enactment of this Act, in taxable years ending after such date.