HR 207

112th CONGRESS
1st Session

H. R. 207

To clarify that schools and local educational agencies participating in the school lunch program under the Richard B. Russell National School Lunch Act are authorized to donate excess food to local food banks or charitable organizations.

IN THE HOUSE OF REPRESENTATIVES

January 6, 2011

Mr. PETRI (for himself, Mr. WOLF, and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Education and the Workforce

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A BILL

To clarify that schools and local educational agencies participating in the school lunch program under the Richard B. Russell National School Lunch Act are authorized to donate excess food to local food banks or charitable organizations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `School Food Recovery Act'.

SEC. 2. FOOD DONATION PROGRAM.

Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended by adding at the end the following:

`(l) Food Donation Program-

`(1) IN GENERAL- Each school and local educational agency participating in the school lunch program under this Act may donate any food not consumed under such program to eligible local food banks or charitable organizations.

`(2) GUIDANCE-

`(A) IN GENERAL- Not later than 180 days after the date of the enactment of this subsection, the Secretary shall develop and publish guidance to schools and local educational agencies participating in the school lunch program under this Act to assist such schools and local educational agencies in donating food under this subsection.

`(B) UPDATES- The Secretary shall update such guidance as necessary.

`(3) LIABILITY- Any school or local educational agency making donations pursuant to this subsection shall be exempt from civil and criminal liability to the extent provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791).

`(4) DEFINITION- In this subsection, the term `eligible local food banks or charitable organizations' means any food bank or charitable organization which is exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).'.

END