[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4750 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4750

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2023

Mr. Raskin (for himself, Mrs. Kim of California, Mrs. McBath, Mr. Joyce 
   of Ohio, Ms. Mace, Mr. Fitzpatrick, Ms. Escobar, Mr. Huffman, Mr. 
 Pocan, Ms. Davids of Kansas, Mr. Carson, Mr. Cohen, Ms. Sanchez, Ms. 
 Malliotakis, Mrs. Dingell, Mr. Allred, Mr. Schiff, Ms. Titus, and Mr. 
  Moskowitz) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 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.

    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 ``Bring Animals Relief and Kibble Act 
of 2023'' or as the ``BARK Act of 2023''.

SEC. 2. AMENDMENTS TO DEFINITIONS.

    Section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 
1791(b)) is amended--
            (1) in paragraph (4), by striking ``for human consumption'' 
        and inserting the following: ``for--
                    ``(A) human consumption; or
                    ``(B) pet, emotional support animal, or service 
                animal consumption.'';
            (2) in paragraph (7), by inserting ``pet supply,'' after 
        ``household cleaning product,'';
            (3) in paragraph (11), by inserting ``pet food supplier,'' 
        after ``farmer,''; and
            (4) 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--
            (1) by redesignating paragraph (4) as paragraph (5);
            (2) in paragraph (5) (as so redesignated)--
                    (A) by striking ``and (3)'' and inserting ``(3), 
                and (4)''; and
                    (B) by inserting ``State or local government,'' 
                after ``gleaner,''; and
            (3) 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.''.
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