[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2370 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2370
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 SENATE OF THE UNITED STATES
July 19, 2023
Mr. Warnock (for himself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
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. LIABILITY FOR PET PRODUCT DONATIONS.
The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791)
is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (4) through (11)
and (12) as paragraphs (5) through (12) and (15),
respectively;
(B) by inserting after paragraph (3) the following:
``(4) Emotional support animal.--The term `emotional
support animal' means an animal that is--
``(A) covered by the exclusion described in section
5.303 of title 24, Code of Federal Regulations (or a
successor regulation); and
``(B) not a service animal.'';
(C) in paragraph (5) (as so redesignated), by
striking ``for human consumption'' and inserting the
following: ``for--
``(A) human consumption; or
``(B) consumption by a pet, emotional support
animal, or service animal'';
(D) in paragraph (8) (as so redesignated), by
inserting ``pet supply,'' after ``household cleaning
product,'';
(E) in paragraph (12) (as so redesignated), in the
first sentence, by inserting ``pet food supplier,''
after ``farmer,'';
(F) by inserting after paragraph (12) (as so
redesignated) the following:
``(13) Pet.--The term `pet' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, or turtle, that is kept
for pleasure rather than for commercial purposes.
``(14) 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, and
pet door.''; and
(G) by adding at the end the following:
``(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).''; and
(2) in subsection (c)--
(A) by redesignating paragraph (4) as paragraph
(5);
(B) 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)(5)(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)(5)(B) or pet supplies that the
nonprofit organization or State or unit of local
government receives as a donation in good faith from a
person or gleaner for direct distribution to pets,
service animals, or emotional support animals.''; and
(C) in paragraph (5) (as so redesignated)--
(i) by striking ``and (3)'' and inserting
``(3), and (4)''; and
(ii) by inserting ``State or local
government,'' after ``gleaner,''; and
(3) in subsection (d), by inserting ``, pets, service
animals, or emotional support animals'' after ``needy
individuals''.
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