[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1939 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1939
To provide protections for good faith donations of pet food and
supplies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2025
Mr. Warnock (for himself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide protections for good faith donations of pet food and
supplies.
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 2025'' or the ``BARK Act of 2025''.
SEC. 2. PROTECTIONS FOR GOOD FAITH DONATIONS OF PET FOOD AND SUPPLIES.
(a) Definitions.--In this section:
(1) Apparently fit pet-related product.--The term
``apparently fit pet-related product'' means any pet food or
pet supply that meets all quality and labeling standards
imposed by Federal, State, and local laws and regulations even
though the product may not be readily marketable due to
appearance, age, freshness, grade, size, surplus, or other
condition.
(2) Bill emerson good samaritan food donation act terms.--
The terms ``donate'', ``gross negligence'', ``intentional
misconduct'', ``nonprofit organization'', and ``person'' have
the meanings given those terms in subsection (b) of the Bill
Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b)).
(3) Emotional support animal.--The term ``emotional support
animal'' means an animal that--
(A) is covered by the exclusions in section 5.303
of title 24, Code of Federal Regulations (or successor
regulation); and
(B) is not a service animal.
(4) 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.
(5) Pet food.--The term ``pet food'' means any raw, cooked,
processed, or prepared edible substance, ice, beverage, or
ingredient used or intended for use in whole or in part for
consumption by a qualified animal.
(6) Pet supply.--The term ``pet supply'' means tangible
personal property used for a qualified animal, including pet
carriers, crates, kennels, houses, cages, clothing, bedding,
toys, collars, leashes, leads, tie-outs, feeders, bowls,
dishes, pet gates, or pet doors.
(7) Qualified animal.--The term ``qualified animal''
means--
(A) a pet;
(B) an emotional support animal; and
(C) a service animal.
(8) Service animal.--The term ``service animal'' has the
meaning given the term in section 36.104 of title 28, Code of
Federal Regulations (or successor regulation).
(b) Liability.--
(1) Persons.--A person shall not be subject to civil or
criminal liability arising from the nature, age, packaging, or
condition of an apparently fit pet-related product that the
person donates in good faith to a State or unit of local
government or a nonprofit organization for ultimate
distribution to qualified animals.
(2) Nonprofit organizations.--A nonprofit organization
shall not be subject to civil or criminal liability arising
from the nature, age, packaging, or condition of an apparently
fit pet-related product that the nonprofit organization
received as a donation from a person in good faith for ultimate
distribution to qualified animals.
(3) State and local governments.--A State or unit of local
government shall not be subject to liability arising from the
nature, age, packaging, or condition of an apparently fit pet-
related product that the State or unit of local government
received as a donation from a person in good faith for ultimate
distribution to qualified animals.
(4) Waiver not applicable to gross negligence or
intentional misconduct.--Paragraphs (1), (2), and (3) shall not
apply to an injury to, or the death of, an ultimate user or
recipient of an apparently fit pet-related product that results
from an act or omission of the person, nonprofit organization,
or State or unit of local government, as applicable,
constituting gross negligence or intentional misconduct.
(c) Partial Compliance.--If a person donates, in good faith, pet
food or pet supplies that do not meet all quality and labeling
standards imposed by Federal, State, and local laws and regulations,
that person shall not be subject to civil or criminal liability in
accordance with this section if the State or unit of local government
or nonprofit organization to which the food or supplies are donated--
(1) is informed by that person of the distressed or
defective condition of the pet food or pet supplies;
(2) agrees to recondition the pet food or pet supplies to
comply with applicable quality and labeling standards prior to
distribution; and
(3) is knowledgeable of the applicable quality and labeling
standards to properly recondition the pet food or pet supplies.
(d) Rule of Construction.--Nothing in this section shall--
(1) create any liability; or
(2) supercede any State or local health regulations.
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