[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5841 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5841
To decrease the incidence of food waste, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2020
Ms. Pingree introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committees on Ways and
Means, Education and Labor, Energy and Commerce, Oversight and Reform,
and House Administration, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To decrease the incidence of food waste, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Food Recovery Act
of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--FARMS
Sec. 101. Use of Rural Energy for America Program to reduce food and
crop waste.
Sec. 102. Farm storage facility loan program.
Sec. 103. Composting as conservation practice.
Sec. 104. Study and report on methods to decrease incidence of food
waste.
TITLE II--RETAIL AND RESTAURANTS
Sec. 201. Good Samaritan food donation.
Sec. 202. Report on food donation by retail food stores.
Sec. 203. Use of Commodity Credit Corporation funds to cover Emergency
Food Assistance Program storage and
distribution costs.
Sec. 204. Expansion of charitable deduction for contributions of food
inventory.
TITLE III--SCHOOLS AND OTHER INSTITUTIONS
Sec. 301. Amendments to Federal Food Donation Act.
Sec. 302. School Food Recovery Program.
Sec. 303. Food and agriculture service learning program.
Sec. 304. Modification of National School Lunch Program procurement
requirements to encourage purchase of
lower-price, nonstandard-size or -shape
produce.
TITLE IV--FOOD DATE LABELING
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Quality dates and discard dates.
Sec. 404. Misbranding.
Sec. 405. Regulations.
Sec. 406. Delayed applicability.
TITLE V--CONSUMERS AND LOCAL INFRASTRUCTURE
Sec. 501. Support for national media campaigns to decrease incidence of
food waste.
Sec. 502. Increase in resources for community facilities loans directed
at composting and anaerobic digestion food
waste-to-energy operations.
Sec. 503. Expansion of rural utilities service water and waste disposal
program to provide loans and grants for
rural communities to adapt waste disposal
facilities to incorporate anaerobic
digestion food waste-to-energy operations.
Sec. 504. Grants for composting and anaerobic digestion food waste-to-
energy projects.
Sec. 505. Government Accountability Office audit.
Sec. 506. Food waste recovery transportation grants.
Sec. 507. Food waste research program.
Sec. 508. Grants to research centers or non-profit organizations.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--FARMS
SEC. 101. USE OF RURAL ENERGY FOR AMERICA PROGRAM TO REDUCE FOOD AND
CROP WASTE.
(a) Requirements Relating to Installation of Anaerobic Digesters.--
Section 9007(c) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107(c)) is amended by adding at the end the following:
``(5) Requirements relating to installation of anaerobic
digesters.--In the case of a loan guarantee or grant provided
under this subsection to an agricultural producer or rural
small business to support the installation of an anaerobic
digester that will use food waste in addition to manure to
produce renewable energy, the Secretary shall obtain from the
recipient of the loan guarantee or grant--
``(A) a written commitment that the recipient has
read and agrees to comply with the Food Recovery
Hierarchy of the Environmental Protection Agency,
particularly as applied to apparently wholesome food
(as defined in section 22(b) of the Child Nutrition Act
of 1966 (42 U.S.C. 1791(b))) that may be provided to,
or received by, the recipient; and
``(B) a written end-product recycling plan that
provides for the beneficial use of the material
resulting from the anaerobic digester, in a manner that
meets all applicable Federal, State, Tribal, and local
laws safeguarding human health and the environment.''.
(b) Funding.--Section 9007(g)(1) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107(g)(1)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking ``fiscal year 2014 and
each fiscal year thereafter.'' and inserting ``each of fiscal
years 2014 through 2020; and''; and
(3) by adding at the end the following:
``(F) $70,000,000 for fiscal year 2021 and each
fiscal year thereafter, of which not less than
$20,000,000 shall be reserved for use for loan
guarantees and grants described in subsection
(c)(5).''.
SEC. 102. FARM STORAGE FACILITY LOAN PROGRAM.
Section 1614(a) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8789(a)) is amended by striking ``to construct or upgrade
storage and handling facilities'' and inserting ``to acquire,
construct, or upgrade storage, handling, and transportation facilities,
which may include refrigerated vehicles to improve storage and
marketing and other means to reduce food waste,''.
SEC. 103. COMPOSTING AS CONSERVATION PRACTICE.
(a) Definitions.--Section 1201(a) of the Food Security Act of 1985
(16 U.S.C. 3801(a)) is amended--
(1) by redesignating paragraphs (3) through (27) as
paragraphs (4) through (28), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Composting practice.--The term `composting practice'
means--
``(A) an activity (including an activity that does
not require the use of a composting facility) to
produce compost from organic waste that is--
``(i) generated on a farm; or
``(ii) brought to a farm from the nearby
community; and
``(B) the use of compost on a farm to improve water
retention and soil health, subject to the condition
that such a use shall be in compliance with applicable
Federal, State, Tribal, and local laws.''.
(b) Conservation Stewardship Program.--Section 1238D(2)(B)(i) of
the Food Security Act of 1985 (16 U.S.C. 3838d(2)(B)(i)) is amended by
inserting ``and composting practices'' after ``agriculture drainage
management systems''.
(c) Environmental Quality Incentives Program.--Section
1240A(4)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
1(4)(A)(ii)) is amended by inserting ``, including composting
practices'' before the semicolon at the end.
(d) Delivery of Technical Assistance.--Section 1242(h) of the Food
Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the
end the following:
``(4) Development of composting practice standard.--In
addition to conducting a review of any composting facilities
practice standard under this subsection, the Secretary shall
develop and implement a composting practice standard.''.
SEC. 104. STUDY AND REPORT ON METHODS TO DECREASE INCIDENCE OF FOOD
WASTE.
(a) Definition of Agricultural Product.--In this section, the term
``agricultural product'' has the meaning given the term ``agricultural
products'' in section 207 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1626).
(b) Study.--The Secretary shall conduct a study regarding--
(1) new technologies to increase the period during which an
agricultural product may be stored before the agricultural
product is considered adulterated under State or Federal law;
and
(2) a method to measure the quantity of agricultural
product that is not harvested or sent to market each year by
the farms that produce the agricultural product.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
includes--
(1) the results of the study conducted under subsection
(b); and
(2) the recommendations of the Secretary with respect to
methods of decreasing the incidence of food waste.
TITLE 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.''; and
(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)).''; and
(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:
``SEC. 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''; and
(B) in the third sentence, by striking ``If a
State'' and inserting the following:
``(C) Unused funds.--If a State''; and
(3) in subsection (b)--
(A) by striking ``(b) The value'' and inserting the
following:
``(b) Treatment.--The value''; and
(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.
TITLE III--SCHOOLS AND OTHER INSTITUTIONS
SEC. 301. AMENDMENTS TO FEDERAL FOOD DONATION ACT.
(a) Purpose.--Section 2 of the Federal Food Donation Act of 2008
(Public Law 110-247; 42 U.S.C. 1792 note) is amended by striking
``encourage'' and inserting ``require''.
(b) Definitions.--Section 3 of the Federal Food Donation Act of
2008 (Public Law 110-247; 42 U.S.C. 1792 note) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Executive agency.--The term `executive agency' has
the meaning given the term in section 133 of title 41, United
States Code.''.
(c) Report on Food Waste by Certain Federal Contractors.--Section 4
of the Federal Food Donation Act of 2008 (Public Law 110-247; 42 U.S.C.
1792) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Requirement.--Not later than 180 days after the date
of enactment of the Act, the Federal Acquisition Regulation
issued in accordance with section 1121 of title 41, United
States Code, shall be revised to provide that, except as
provided in paragraph (2), all contracts of more than $10,000
for the provision, service, or sale of food in the United
States, or for the lease or rental of Federal property to a
private entity for events at which food is provided in the
United States, shall include a clause that--
``(A) requires the donation of excess, apparently
wholesome food to nonprofit organizations that provide
assistance to food-insecure people in the United
States;
``(B) states the terms and conditions described in
subsection (b); and
``(C) requires the annual submission, in a form and
manner specified by the executive agency awarding the
contract, of the report described in subsection (d).
``(2) Exception.--Paragraph (1) shall not apply to a
contract with an executive agency that has issued a regulation
in effect on the date of enactment of the Act that prohibits a
donation described in paragraph (1)(A).'';
(2) by adding at the end the following new subsections:
``(c) Application to Congress.--
``(1) Contracts.--This Act shall apply to the House of
Representatives and to contracts entered into by the House of
Representatives, and to the Senate and to contracts entered
into by the Senate, in the same manner and to the same extent
as this Act applies to an executive agency and to contracts
entered into by an executive agency.
``(2) Administration.--For purposes of carrying out
paragraph (1)--
``(A) the Chief Administrative Officer of the House
of Representatives shall be considered to be the head
of the House of Representatives; and
``(B) the Secretary of the Senate shall be
considered to be the head of the Senate.
``(d) Data; Reports.--
``(1) Report described.--The report described in this
subsection, with respect to a contract described in subsection
(a) entered into by a contractor and an executive agency, is a
report from the contractor to the executive agency that
describes, for each month of performance of the contract during
the year covered by the report, the weight of apparently
wholesome food that was, pursuant to the contract, disposed of
in each of the following manners:
``(A) Donation.--Donation by the contractor
pursuant to this Act (organized by the name of the
organization receiving such food).
``(B) Composting.--Composting or other recycling by
the contractor.
``(C) Discarding.--Discarding by the contractor
(organized by the reason such food was so discarded).
``(2) Reports to omb.--Not later than 30 days after the
date that an executive agency receives a report pursuant to
paragraph (1)(C), the agency shall submit a copy of the report
to the Director of the Office of Management and Budget.
``(3) Reports to congress.--The Director of the Office of
Management and Budget shall submit to Congress an annual report
aggregating the information in the reports received pursuant to
paragraph (2) during the year covered by the report.''.
(d) Authorization of Appropriations.--The Federal Food Donation Act
of 2008 (42 U.S.C. 1792) is amended by adding at the end the following:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Secretary of
Agriculture to carry out this Act $10,000,000 for fiscal year 2021 and
each fiscal year thereafter.''.
SEC. 302. SCHOOL FOOD RECOVERY PROGRAM.
(a) School Food Waste Reduction Grant Program.--Section 18 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is
amended by inserting before subsection (b) the following:
``(a) School Food Waste Reduction Grant Program.--
``(1) Grant program established.--
``(A) In general.--The Secretary shall carry out a
program to make grants, on a competitive basis, to
eligible local educational agencies to carry out food
waste measurement and reporting, prevention, education,
and reduction projects.
``(B) Regional balance.--In awarding grants under
this subsection, the Secretary shall, to the maximum
extent practicable, ensure that--
``(i) a grant is awarded to an eligible
local educational agency in each region served
by the Administrator of the Food and Nutrition
Service; and
``(ii) equitable treatment of rural, urban,
and tribal communities.
``(2) Application.--To be eligible to receive a grant under
this subsection, an eligible local educational agency shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(3) Priority.--In making grants under this subsection the
Secretary shall give priority to an eligible local educational
agency that demonstrates in the application under paragraph (2)
that such eligible local educational agency will use the grant
to--
``(A) carry out experiential education activities
that encourage children enrolled in such eligible local
educational agency to participate in food waste
measurement and education;
``(B) prioritize the best use of food in accordance
with the Food Recovery Hierarchy published by the
Administrator of the Environmental Protection Agency;
``(C) with respect to food waste prevention and
reduction, collaborate with other eligible local
educational agencies, tribes, nongovernmental and
community-based organizations, and other community
partners;
``(D) evaluate the activities described in
subparagraphs (A) through (C) and make evaluation
plans; and
``(E) establish a food waste measurement,
prevention, and reduction project with long-term
sustainability.
``(4) Federal share.--
``(A) In general.--The Federal share of a food
waste measurement, prevention, and reduction project
funded through a grant awarded under this subsection
shall not exceed 75 percent of the total cost of such
food waste reduction project.
``(B) Federal matching.--As a condition of
receiving a grant under this subsection, an eligible
local educational agency shall provide matching funds
in the form of cash or in-kind contributions, including
facilities, equipment, or services provided by State
and local governments, nonprofit organizations, and
private sources.
``(5) Use of funds.--An eligible local educational agency
that receives a grant under this section shall use funds under
such grant to carry out at least one of the following:
``(A) Planning a food waste measurement,
prevention, and reduction project.
``(B) Carrying out activities under such a project.
``(C) Providing training to support such a project.
``(D) Purchasing equipment to support such a
project.
``(E) Offering food waste education to students
enrolled in such eligible local educational agency.
``(6) Evaluation.--
``(A) Agreement.--As a condition of receiving a
grant under this subsection, each eligible local
educational agency shall agree to cooperate in an
evaluation by the Secretary of the project carried out
using grant funds.
``(B) Periodic evaluation.--Not later than 2 years
after the date of the enactment of this paragraph and
every 2 years thereafter, the Secretary shall carry out
an evaluation of the grants made under this section
that includes--
``(i) the amount of Federal funds used to
carry out such grants; and
``(ii) an evaluation of the outcomes of the
projects carried out pursuant to such grants.
``(7) Definition of eligible local educational agency.--In
this subsection, the term `eligible local educational agency'
means a local educational agency that participates in the
school lunch program under this Act or the school breakfast
program established under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773).''.
(b) Technical Assistance.--Section 21(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b-1(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) food waste measurement, prevention, and reduction.''.
SEC. 303. FOOD AND AGRICULTURE SERVICE LEARNING PROGRAM.
Section 413 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7633) is amended--
(1) in subsection (b)(4), by inserting ``to promote
agricultural education, to raise awareness regarding the
consequences of wasted food, and to encourage the
implementation of food recovery initiatives to reduce the
quantity of wasted food'' before the semicolon;
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``and
where food comes from; and'' and inserting ``,
where food comes from, the consequences of food
waste, and food recovery initiatives;'';
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) have the capacity to carry out national or
regional projects that include 2 or more States.''; and
(B) by adding at the end the following:
``(3) Reservation.--The majority of the funds made
available to carry out this subsection shall be reserved for
projects that--
``(A) are larger in scale as compared to other
proposed projects;
``(B) are national or regional in scope; and
``(C) include 2 or more States.''; and
(3) in subsection (e)(1), by striking ``$25,000,000, to
remain available until expended'' and inserting ``$5,000,000
for each of fiscal years 2021 through 2025''.
SEC. 304. MODIFICATION OF NATIONAL SCHOOL LUNCH PROGRAM PROCUREMENT
REQUIREMENTS TO ENCOURAGE PURCHASE OF LOWER-PRICE,
NONSTANDARD-SIZE OR -SHAPE PRODUCE.
Section 9(a)(4)(C) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(a)(4)(C)) is amended by striking clause (ii) and
inserting the following:
``(ii) in the product specifications and
practices required under clause (i), encourage
State departments of agriculture and education,
school food authorities, local educational
agencies, and local processing entities to
purchase lower-price, nonstandard-size or -
shape produce to be used in school nutrition
programs under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.); and''.
TITLE IV--FOOD DATE LABELING
SEC. 401. SHORT TITLE.
This title may be cited as the ``Food Date Labeling Act of 2020''.
SEC. 402. DEFINITIONS.
In this title:
(1) Administering secretaries.--The term ``administering
Secretaries'' means--
(A) the Secretary of Agriculture with respect to
any product that is under the Secretary of
Agriculture's jurisdiction and is--
(i) a poultry product, as defined in
section 4 of the Poultry Products Inspection
Act (21 U.S.C. 453);
(ii) a meat food product, as defined in
section 1 of the Federal Meat Inspection Act
(21 U.S.C. 601); or
(iii) an egg product, as defined in section
4 of the Egg Products Inspection Act (21 U.S.C.
1033); and
(B) the Secretary of Health and Human Services with
respect to any product that is under the Secretary of
Health and Human Services' jurisdiction and is a food
(as defined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321)).
(2) Discard date.--The term ``discard date'' means a date
voluntarily printed on food packaging, which signifies the end
of the estimated period of shelf life under any stated storage
conditions, after which the food labeler advises the product
not be consumed.
(3) Food labeler.--The term ``food labeler'' means the
producer, manufacturer, distributor, or retailer that places a
date label on food packaging of a product.
(4) Quality date.--The term ``quality date'' means a date
voluntarily printed on food packaging that is intended to
communicate to consumers the date after which--
(A) the quality of the product may begin to
deteriorate; but
(B) the product remains apparently wholesome food
(as defined in subsection (b)(2) of section 22 of the
Child Nutrition Act of 1966 (42 U.S.C. 1791(b)(2));
also known as the Bill Emerson Good Samaritan Food
Donation Act).
SEC. 403. QUALITY DATES AND DISCARD DATES.
(a) Quality Dates.--
(1) In general.--If a food labeler includes a quality date
on food packaging, the label shall use the uniform quality date
label phrase under paragraph (2).
(2) Uniform phrase.--The uniform quality date label phrase
under this paragraph shall be ``BEST If Used By'' or, if
permissible under subsection (c)(3), the standard abbreviation
of ``BB'', unless and until the administering Secretaries,
acting jointly, specify through rulemaking another uniform
phrase to be used for purposes of complying with paragraph (1).
(3) Option of the labeler.--The decisions on whether to
include a quality date on food packaging and which foods should
be so labeled shall be at the discretion of the food labeler.
(b) Discard Dates.--
(1) In general.--If a food labeler includes a discard date
on food packaging, the label shall use the uniform discard date
label phrase under paragraph (2).
(2) Uniform phrase.--The uniform discard date label phrase
under this paragraph shall be ``USE By'' or, if permissible
under subsection (c)(3), the standard abbreviation of ``UB'',
unless and until the administering Secretaries, acting jointly,
specify through rulemaking another uniform phrase to be used
for purposes of complying with paragraph (1).
(3) Option of the labeler.--The decisions on whether to
include a discard date on food packaging and which foods should
be so labeled shall be at the discretion of the food labeler.
(c) Quality Date and Discard Date Labeling.--
(1) In general.--The quality date or discard date, as
applicable, and immediately adjacent uniform quality date label
phrase or discard date label phrase--
(A) shall be--
(i) in single easy-to-read type style; and
(ii) located in a conspicuous place on the
package of the food; and
(B) may be on the label or, at the discretion of
the food labeler, elsewhere on the package.
(2) Date format.--Each quality date and discard date shall
be stated in terms of day and month and, as appropriate, year.
(3) Abbreviations.--A food labeler may use a standard
abbreviation of ``BB'' and ``UB'' for the quality date and
discard date, respectively, only if the food packaging is too
small to include the uniform phrase described in subsection
(a)(2) or (b)(2), as applicable.
(4) Freeze by.--A food labeler may add ``or Freeze By''
following a quality date or discard date uniform phrase.
(d) Infant Formula.--This title and the amendments made by this
title--
(1) do not apply with respect to infant formula (as defined
in section 201(z) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(z))); and
(2) shall not be construed to affect the requirements
pertaining to infant formula under section 412 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a) and other
applicable provisions of law.
(e) Education.--Not later than 1 year after the date of enactment
of this Act, the administering Secretaries, acting jointly, shall
provide consumer education and outreach on the meaning of quality date
and discard date food labels.
(f) Rule of Construction; Preemption.--
(1) Rule of construction.--Nothing in this title or the
amendments made by this title shall be construed to prohibit
any State or political subdivision of a State from establishing
or continuing in effect any requirement that prohibits the sale
or donation of foods based on passage of the discard date.
(2) Preemption.--No State or political subdivision of a
State may establish or continue in effect any requirement
that--
(A) relates to the inclusion in food labeling of a
quality date or a discard date that is different from
or in addition to, or that is otherwise not identical
with, the requirements of this title and the amendments
made by this title; or
(B) prohibits the sale or donation of foods based
on passage of the quality date.
(3) Enforcement.--The administering Secretaries, acting
jointly and in coordination with the Federal Trade Commission,
shall ensure that the uniform quality date label phrase and
uniform discard date label phrase are standardized across all
food products.
(4) Savings.--Notwithstanding paragraph (2), nothing in
this title, nor any amendment made by this title, nor any
standard or requirement imposed pursuant to this title, shall
be construed to preempt, displace, or supplant any State or
Federal common law rights or any State or Federal statute
creating a remedy for civil relief, including those for civil
damage, or a penalty for criminal conduct.
(g) Time Temperature Indicator Labels.--Nothing in this title or
the amendments made by this title shall be construed to prohibit or
restrict the use of time-temperature indicator labels or similar
technology that is in addition to or in lieu of any uniform quality
date label phrase under subsection (a)(2) or uniform discard date label
phrase under subsection (b)(2).
SEC. 404. MISBRANDING.
(a) FDA Violations.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z) If it is food and its labeling is in violation of section 403
of the Food Date Labeling Act of 2020.''.
(b) Poultry Products.--Section 4(h) of the Poultry Products
Inspection Act (21 U.S.C. 453(h)) is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(13) if its labeling is in violation of section 403 of
the Food Date Labeling Act of 2020.''.
(c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act
(21 U.S.C. 601(n)) is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(13) if its labeling is in violation of section 403 of
the Food Date Labeling Act of 2020.''.
(d) Egg Products.--Section 7(b) of the Egg Products Inspection Act
(21 U.S.C. 1036(b)) is amended in the first sentence by adding before
the period at the end ``or if its labeling is in violation of section
403 of the Food Date Labeling Act of 2020''.
SEC. 405. REGULATIONS.
Not later than 2 years after the date of enactment of this Act, the
Secretaries, acting jointly, shall promulgate final regulations for
carrying out the provisions of this title and the amendments made by
this title.
SEC. 406. DELAYED APPLICABILITY.
This title and the amendments made by this title shall apply only
with respect to food products that are labeled on or after the date
that is 2 years after the date of promulgation of final regulations
under section 405.
TITLE V--CONSUMERS AND LOCAL INFRASTRUCTURE
SEC. 501. SUPPORT FOR NATIONAL MEDIA CAMPAIGNS TO DECREASE INCIDENCE OF
FOOD WASTE.
(a) In General.--The Secretary shall support national media
campaigns to decrease the incidence of food waste.
(b) Mandatory Funding.--
(1) In general.--The Secretary shall use $8,000,000 of
funds of the Commodity Credit Corporation to carry out this
section for fiscal year 2021.
(2) Availability.--Funds described in paragraph (1) shall
remain available until expended.
SEC. 502. INCREASE IN RESOURCES FOR COMMUNITY FACILITIES LOANS DIRECTED
AT COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-TO-
ENERGY OPERATIONS.
Section 306(a)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(1)) is amended by inserting after the first
sentence the following: ``5 percent of the amounts made available for
each fiscal year for loans for essential community facilities under the
preceding sentence shall be reserved for loans, in accordance with
subsection (c)(2), for municipal or county composting, anaerobic
digestion food waste-to-energy projects, and the conversion of animal
waste products into industrial products or into raw materials that can
be converted into finished products other than by anaerobic digestion
or the production of bioethanol through fermentation. The Secretary
shall not make or insure a loan under the preceding sentence to an
entity that will use the amounts under the loan for an anaerobic
digester that uses solely manure as undigested biomass, and shall give
preference to loans under the preceding sentence for anaerobic
digesters that use primarily nonedible food, crop waste, or nonedible
food and crop waste as undigested biomass.''.
SEC. 503. EXPANSION OF RURAL UTILITIES SERVICE WATER AND WASTE DISPOSAL
PROGRAM TO PROVIDE LOANS AND GRANTS FOR RURAL COMMUNITIES
TO ADAPT WASTE DISPOSAL FACILITIES TO INCORPORATE
ANAEROBIC DIGESTION FOOD WASTE-TO-ENERGY OPERATIONS.
Section 306 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926) is amended by inserting after subsection (b) the
following:
``(c) Water or Waste Disposal Loans and Grants for Projects To
Incorporate Anaerobic Digestion Food Waste-to-Energy Operations in
Waste Disposal Facilities.--
``(1) In general.--Notwithstanding any other provision of
law, beginning in fiscal year 2021, in addition to any other
amounts available for water or waste disposal loans and grants
under paragraphs (1) and (2) of subsection (a), $50,000,000 of
the funds of the Commodity Credit Corporation for each fiscal
year shall be available for those loans and grants, of which
the Secretary shall use--
``(A) $25,000,000 for loans, in accordance with
paragraph (2), for the adaptation of waste disposal
facilities to incorporate anaerobic digestion food
waste-to-energy operations; and
``(B) $25,000,000 for grants, in accordance with
paragraph (2), for the adaptation of waste disposal
facilities to incorporate anaerobic digestion food
waste-to-energy operations.
``(2) Requirements.--
``(A) In general.--A loan or grant is made in
accordance with this paragraph if, before making the
loan or grant, the Secretary has obtained from the
recipient of the loan or grant--
``(i) a written commitment that the
recipient has read and agrees to comply with
the Food Recovery Hierarchy of the
Environmental Protection Agency, particularly
as applied to apparently wholesome food (as
defined in section 22(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1791(b))) that may be
provided to or received by the recipient; and
``(ii) a written end-product recycling plan
that provides for the beneficial use of the
material resulting from any anaerobic digestion
food waste-to-energy operation with respect to
which the loan or grant is made, in a manner
that meets all applicable Federal, State,
Tribal, and local laws that protect human
health and the environment.
``(B) Limitation.--A loan or grant under paragraph
(1) may not be used for an anaerobic digester that uses
solely manure as undigested biomass.
``(C) Preference.--The Secretary shall give
preference to loans and grants under paragraph (1) for
anaerobic digesters that use primarily nonedible food,
crop waste, or nonedible food and crop waste as
undigested biomass.
``(3) Availability.--Funds made available under paragraph
(1) shall remain available until expended.''.
SEC. 504. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-TO-
ENERGY PROJECTS.
(a) In General.--Subtitle G of the Solid Waste Disposal Act (42
U.S.C. 6971 et seq.) is amended by adding at the end the following:
``SEC. 7011. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-
TO-ENERGY PROJECTS.
``(a) Grants.--The Administrator shall establish a grant program to
award grants to States and Tribes eligible to receive the grants under
subsection (b)(1) to construct large-scale composting or anaerobic
digestion food waste-to-energy projects.
``(b) Eligible States.--
``(1) Eligibility.--In order to be eligible to receive a
grant under this section, a State or Tribe shall--
``(A) have in effect a plan to limit the quantity
of food waste that may be disposed of in landfills in
the State or Tribe; and
``(B) provide to the Administrator--
``(i) a written commitment that the State
has read and agrees to comply with the Food
Recovery Hierarchy of the Environmental
Protection Agency, particularly as applied to
apparently wholesome food (as defined in
section 22(b) of the Child Nutrition Act of
1966 (42 U.S.C. 1791(b))) that may be provided
to or received by the State; and
``(ii) a written end-product recycling plan
that provides for the beneficial use of the
material resulting from any anaerobic digestion
food waste-to-energy operation with respect to
which the loan or grant is made, in a manner
that meets all applicable Federal, State,
Tribal, and local laws that protect human
health and the environment.
``(2) Limitation.--A grant under subsection (a) may not be
used for an anaerobic digester that uses solely manure as
undigested biomass.
``(3) Preference.--The Administrator shall give preference
to grants under subsection (a) for anaerobic digesters that use
primarily nonedible food, crop waste, or nonedible food and
crop waste as undigested biomass.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each fiscal
year.''.
(b) Clerical Amendment.--The table of contents for the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) is amended by inserting after the
item relating to section 7010 the following:
``Sec. 7011. Grants for composting and anaerobic digestion food waste-
to-energy projects.''.
SEC. 505. GOVERNMENT ACCOUNTABILITY OFFICE AUDIT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States (referred to
in this section as the ``Comptroller General'') shall conduct an audit
to assess estimates of postharvest food loss and waste in the United
States, including estimates by the Department of Agriculture and other
government, academic, and industry stakeholders.
(b) Requirements.--The Comptroller General, as part of the audit
conducted under subsection (a)--
(1) shall--
(A) assess the extent to which the estimates
described in that subsection provide a valid benchmark
for the amount and value of postharvest food loss and
waste in the United States;
(B) evaluate the reliability of the data, and the
validity and accuracy of the assumptions and models,
underlying the estimates; and
(C) if appropriate, include recommendations to
improve the estimates; and
(2) if the Comptroller General determines that the
estimates described in that subsection are invalid under
paragraph (1)(A), may conduct an estimate of postharvest food
loss and waste in the United States.
SEC. 506. FOOD WASTE RECOVERY TRANSPORTATION GRANTS.
(a) Authority To Provide Assistance.--
(1) In general.--From amounts made available to carry out
this section, the Secretary of Agriculture shall make grants to
assist an eligible entity with--
(A) purchasing, leasing, or otherwise acquiring
vehicles, including refrigerated vehicles, or other
equipment to carry out activities related to food
recovery;
(B) reimbursing travel costs related to food
recovery at the per mile rate established by the
Commissioner of the Internal Revenue Service; and
(C) the costs of preparing, storing, and
transporting donated food.
(2) Limitation.--An eligible entity may only receive one
grant under this section.
(b) Application.--To be eligible to receive a grant under
subsection (a), an eligible entity shall submit an application to the
Secretary of Agriculture, at such time, in such manner, and containing
such information as the Secretary of Agriculture may require.
(c) Eligible Entity.--To be eligible for a grant under subsection
(a), a public food program service provider, a tribal organization, or
a private nonprofit entity (including a gleaner) shall--
(1) have experience in the area of--
(A) food recovery and distribution, particularly
concerning small and medium-sized farms;
(B) job training and business development
activities for food-related activities in low-income
communities; or
(C) efforts to reduce food insecurity in the
community, including food recovery and distribution,
improving access to services, or coordinating services
and programs; and
(2) demonstrate competency to implement a project, provide
fiscal accountability, collect data, and prepare reports and
other necessary documentation.
(d) Gleaner Defined.--In this section, the term ``gleaner'' has the
meaning given the term in section 25(a)(2) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2034(a)(2)).
(e) Authorization of Appropriations.--There is authorized to carry
out this section $10,000,000 for fiscal year 2021.
SEC. 507. FOOD WASTE RESEARCH PROGRAM.
(a) Establishment.--The Food Loss and Waste Reduction Liaison of
the Department of Agriculture (in this section referred to as the
``Liaison'') shall establish a partnership with 5 regional partner
institutions, selected under section 4, to carry out a Food Waste
Research Program (in this section referred to as the ``Program'').
(b) Food Waste Research Program Requirements.--
(1) Duties.--In carrying out the Program, the Liaison, in
partnership with the 5 regional partner institutions selected
under section 4, shall--
(A) plan, conduct, and arrange for public research,
data, education, and recommendations within the areas
of study specified in subsection (b), as such areas
relate to food waste reduction and food recovery issues
nationwide, regionally, and locally;
(B) carry out the activities of the Program within
a variety of regions in the United States, which are
identified and categorized by the Liaison based on the
specific food recovery and food waste reduction issues
of such regions;
(C) identify areas to increase efficiency in the
allocation of resources, coordination, cooperation, and
consolidation of efforts as they relate to local,
statewide, Tribal, regional, and Federal food recovery
and food waste reduction efforts;
(D) create a Program website, as described in
subsection (d), to disseminate information to the
public; and
(E) collaborate with other colleges, universities,
and nonprofit organizations in the regions selected by
the Liaison that have demonstrated capability for
research, information dissemination, and professional
training in order to develop regional networks that are
knowledgeable in food waste reduction issues.
(2) Areas of study.--In carrying out the duties listed in
subsection (a), the Liaison and the regional partner
institutions shall consider the following areas of study:
(A) Reducing the volume of surplus food produced.
(B) Feeding individuals in need to utilize excess
food, including through the use of donations of surplus
food.
(C) Diverting food unusable for purposes of
paragraph (2) to feed animals.
(D) Utilizing food waste to create renewable energy
sources.
(E) Composting food waste to create nutrient rich
soil.
(F) Diminishing the deposits of food waste in
landfills and reducing the incineration of food waste.
(3) Use of funds.--
(A) In general.--The Liaison may make funds
available under this section to improve the facilities
of the regional partner institutions to a level that
meets the requirements of the role of a regional
partner institution.
(B) Plan.--A regional partner institution may not
receive any funding for any facility upgrade under
paragraph (1), unless--
(i) the regional partner institution
submits to the Liaison a plan detailing the
type of facility construction or improvements
to take place (including any land acquisition,
engineering, design, and staffing and equipment
needs, in addition to other information as
required by the Liaison); and
(ii) the Liaison approves such plan.
(C) Non-federal cost share for facility
improvement.--A regional partner institutions shall be
required to provide at least a 20 percent non-Federal
cost share for facility improvement or construction
projects pursued by a regional partner institution
under paragraph (1).
(D) Matching funds for operating expenses.--A
regional partner institution shall be required to
provide at least a 30 percent non-Federal cost share
for all Program operating expenses related to such
regional partner institution.
(E) Wage rate requirements.--A construction
activity carried out pursuant to this section shall
meet Federal prevailing wage requirements as determined
by the Secretary of Labor in accordance with subchapter
IV of chapter 31 of part A of subtitle II of title 40,
United States Code, (commonly referred to as the
``Davis-Bacon Act'').
(4) Food waste research program website.--The Liaison shall
establish a website that shall contain at least the following
information:
(A) Key findings and best practices.
(B) A list of collaborations and partnerships
carried out pursuant to this section.
(C) Annual reports and other pertinent information
on the duties of the Program.
(D) The location and contact information for
regional partner institutions.
(E) Federal, State, local, and regionally specific
public research, data, education, and policy
recommendations that shall be updated in a timely
manner with new information.
(F) Tools for tracking reduction efforts and
measuring food waste production.
(c) Selection of Regional Partner Institutions.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Liaison shall select 5
regional partner institutions to partner with to carry out the
requirements of the Program under section 3.
(2) Criteria for regional partner institutions.--In making
a selection under subsection (a), the Liaison shall select an
institution of higher education that--
(A) has a focus or expertise in at least one of the
areas of study described in section 3(b);
(B) has the ability to plan, conduct, and arrange
for public research, data, education, and
recommendations related to food waste reduction and the
areas of study described in section 3(b);
(C) can assist the Liaison in fulfilling the duties
listed in section 3(a);
(D) can contribute the required non-Federal funding
to maintain a regional partner institution center; and
(E) satisfies any other criteria determined by the
Liaison.
(3) Eligible sub-awardees.--A State, Tribal, or local
government, local educational agency, agricultural or commodity
organization, farmer, or other organization focused on food
waste prevention may serve as an eligible sub-awardee of a
regional partner institution if the entity meets the
requirements of paragraphs (1) through (3) of subsection (b) of
this section.
(4) Employment status.--Members of regional partner
institutions shall not be considered Federal employees for any
purpose.
(d) Collaboration With Federal, Regional, State, Tribal, and Local
Governments and Organizations.--The Liaison, in conjunction with the 5
regional partner institutions selected under section 4 shall
collaborate and share best practices on regional, State, Tribal, and
locally specific food waste and food waste reduction issues with--
(1) State and county governments;
(2) Tribal governments;
(3) units of local government;
(4) local educational entities;
(5) colleges and universities;
(6) agricultural and commodity organizations;
(7) farmers; and
(8) organizations focused on food waste prevention.
(e) Information Collection and Dissemination.--
(1) Report of regional partner institutions.--Not later
than 1 year after the date of the enactment of this section,
and annually thereafter, the regional partnership institutions
shall submit to the Liaison a report containing the activities,
partnerships, collaborations, Federal policy recommendations,
previous and continuing budgets, findings, and any other
applicable information carried out under the Program.
(2) Liaison report.--Not later than 15 months after the
date of the enactment of this section, and annually thereafter,
the Liaison shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate and publish on the
Program website an annual report containing a compilation of
the activities, partnerships, collaborations, Federal policy
recommendations, previous and continuing budgets, findings, and
any other applicable information relating to the Program.
(3) Review of report.--The Liaison shall review the annual
report from the regional partner institutions to ensure that
funds are being used efficiently according to the duties of the
Program and that the Program is producing utilizable public
research, data, education, and recommendations related to food
waste and food waste reduction issues.
SEC. 508. GRANTS TO RESEARCH CENTERS OR NON-PROFIT ORGANIZATIONS.
(a) Grant Authority.--Not later than 180 days after the date of the
enactment of this section, the Food Loss and Waste Reduction Liaison of
the Department of Agriculture (in this section referred to as the
``Liaison'') shall establish a grant program under which the Liaison
shall make grants to eligible entities, on a competitive basis, to
establish contracts or cooperative agreements described in subsection
(c) of section 224 of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6924(c)) with such eligible entities to carry out the
duties described in subsection (b) of such section.
(b) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Liaison an application
at such time and in such manner as the Liaison may require.
(c) Criteria.--In making grants under this section, the Liaison
shall consider, with respect to each applicant, the following:
(1) The alignment of food loss and recovery programs and
resources developed by such applicant with the Environmental
Protection Agency Food Recovery Hierarchy.
(2) The ability of the facilities and resources of such
applicant to develop and deliver food loss reduction and
recovery programs.
(3) The experience of such applicant in developing high-
impact food loss reduction and recovery programs and resources
at the State, Tribal, regional, or national scale.
(4) Previous collaboration of such applicant with other
food loss reduction and recovery focused organizations in the
private, nonprofit, and government sectors.
(5) Any other information that the Liaison shall require.
(d) Use of Funds.--An eligible entity that receives a grant under
this section shall use such grant to carry out the activities described
in subsection (c) of section 224 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924(c)) to accomplish the duties
described in subsection (b) of such section.
(e) Duration.--Each grant under this section shall be for a period
of 3 years.
(f) Grant Renewal.--The Liaison may renew a grant under this
section for an additional period of 3 years.
(g) Federal Share.--The Federal share of a grant under this section
shall not exceed 70 percent of the costs of the activities carried out
under this section.
(h) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Liaison shall
submit to Congress a report describing the activities conducted under
this section and the effects of such activities on food loss and waste
reduction nationally.
(i) Eligible Entity Defined.--The term ``eligible entity'' means a
research center or nonprofit organization described in section 224(c)
of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6924(c)).
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