Section 1 Short title
This Act may be cited as the “Bring Animals Relief and Kibble Act of 2023” or as the “BARK Act of 2023”.
Bring Animals Relief and Kibble Act of 2023
A BILL
To amend the Bill Emerson Good Samaritan Food Donation Act to provide protection for the good faith donation of pet products, and for other purposes.
Sec. 2 Amendments to definitions
Section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b)) is amended—
in paragraph (4), by striking “for human consumption” and inserting the following:
“(A) human consumption; or
“(B) pet, emotional support animal, or service animal consumption.”
in paragraph (7), by inserting “pet supply,” after “household cleaning product, ”;
in paragraph (11), by inserting “pet food supplier,” after “farmer, ”; and
by adding at the end the following:
“(13) Emotional support animal—The term emotional support animal means an animal that is—
“(A) covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation); and
“(B) not a service animal.
“(14) Pet—The term pet means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes.
“(15) Pet supply—The term pet supply means tangible personal property used for a pet, including a pet carrier, crate, kennel, house, cage, article of clothing, bedding, toy, collar, leash, lead, tie-out, feeder, bowl, dish, pet gate, or pet door.
“(16) Service animal—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).”
Sec. 3 Liability with respect to pet product donations
Section 22(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(c)) is amended—
by redesignating paragraph (4) as paragraph (5);
in paragraph (5) (as so redesignated)—
by striking “and (3)” and inserting “(3), and (4)”; and
by inserting “State or local government,” after “gleaner, ”; and
by inserting after paragraph (3) the following:
“(4) Liability with respect to pets, service animals, or emotional support animals
“(A) Donations made—A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of food described in subsection (b)(4)(B) or pet supplies that the person or gleaner donates in good faith to a nonprofit organization or State or unit of local government for direct distribution to pets, service animals, or emotional support animals.
“(B) Donations received—A nonprofit organization or State or unit of local government shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of food described in subsection (b)(4)(B) or pet supplies that the nonprofit organization or State or unit of local government received as a donation in good faith from a person or gleaner for direct distribution to pets, service animals, or emotional support animals.”