[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 835
To amend the Agricultural Marketing Act of 1946 to establish a
voluntary program to reduce food loss and waste, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2025
Mr. Durbin (for himself and Mr. Grassley) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Agricultural Marketing Act of 1946 to establish a
voluntary program to reduce food loss and 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.
This Act may be cited as the ``Reduce Food Loss and Waste Act of
2025''.
SEC. 2. FOOD LOSS AND WASTE CERTIFICATION PROGRAM.
Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.) is amended by adding at the end the following:
``SEC. 210B. FOOD LOSS AND WASTE CERTIFICATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Apparently wholesome food.--The term `apparently
wholesome food' has the meaning given the term in subsection
(b) of the Bill Emerson Good Samaritan Food Donation Act (42
U.S.C. 1791(b)).
``(2) Certified participant.--The term `certified
participant' means an eligible participant that has been
certified under subsection (d).
``(3) Eligible participant.--The term `eligible
participant' means--
``(A) a contractor that has entered into a contract
with an executive agency, the Senate, or the House of
Representatives for the provision, service, or sale of
food in the United States;
``(B) a State, local, municipal, or Tribal
government;
``(C) a corporation, partnership, organization, or
association;
``(D) a farm or a food producer, manufacturer,
processor, holder, or packer;
``(E) a retail grocer;
``(F) a restaurant or similar food service
establishment;
``(G) an institution of higher education or a
consortium of those institutions; or
``(H) a primary or secondary school or a consortium
of those institutions.
``(4) Excess.--The term `excess', with respect to food,
means that the food would otherwise be discarded.
``(5) Food.--The term `food' means food (as defined in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321)) that is intended for human consumption.
``(6) Program.--The term `program' means the Food Loss and
Waste Reduction Certification Program established under
subsection (b).
``(7) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Establishment.--The Secretary shall establish a voluntary
program, to be known as the `Food Loss and Waste Reduction
Certification Program'--
``(1) to certify eligible participants in accordance with
subsection (d); and
``(2) to promote certified participants in accordance with
subsection (e).
``(c) Purposes.--The purposes of the program are--
``(1) to reduce food loss and waste;
``(2) to increase donations of excess, apparently wholesome
food to nonprofit organizations that provide food assistance to
individuals in need; and
``(3) to increase the use of alternative disposal methods
for food, such as redirection to animal feed, anaerobic
digestion, and composting.
``(d) Certification.--
``(1) Criteria.--
``(A) In general.--
``(i) Establishment and publication.--Not
later than 18 months after the date of
enactment of the Reduce Food Loss and Waste Act
of 2025, the Secretary shall establish and
publish in the Federal Register criteria for
the certification of an eligible participant
under the program.
``(ii) Inclusions.--Criteria described in
clause (i) shall include the submission to a
third-party certifier accredited under
paragraph (3) of documentation from 12
consecutive months on the quantity of food that
the eligible participant--
``(I) has donated to nonprofit
organizations that provide food
assistance for individuals in need; or
``(II) has sent to be disposed of.
``(B) Stakeholder input.--The Secretary shall
solicit comments from interested parties prior to the
establishment or revision of the criteria described in
subparagraph (A).
``(C) Revisions.--
``(i) In general.--The Secretary shall
revise the criteria described in subparagraph
(A) on a periodic basis.
``(ii) Publication.--The Secretary shall
publish in the Federal Register criteria
revised under clause (i) not later than 270
days before the effective date of the revised
criteria, including an explanation of the
revisions.
``(2) Accreditation bodies.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Reduce Food Loss and Waste
Act of 2025, the Secretary shall establish a process to
recognize accreditation bodies to accredit third-party
certifiers under paragraph (3)(A).
``(B) Standards.--The Secretary shall recognize an
accreditation body under subparagraph (A) if the
accreditation body meets such standards as the
Secretary shall establish.
``(3) Third-party certifiers.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Reduce Food Loss and Waste
Act of 2025, the Secretary shall establish a process
for accreditation bodies recognized under paragraph (2)
to accredit third-party certifiers to review and
certify eligible participants under the program.
``(B) Standards.--An accreditation body recognized
under paragraph (2) shall accredit a third-party
certifier under subparagraph (A) if the third-party
certifier meets such standards as the Secretary shall
establish.
``(C) Preference.--In accrediting third-party
certifiers under subparagraph (A), an accreditation
body recognized under paragraph (2) shall give
preference to institutions of higher education that
have expertise in food loss and waste reduction.
``(D) Certification.--A third-party certifier
accredited under subparagraph (A) shall review and
certify an eligible participant under the program if
the eligible participant meets the criteria established
under paragraph (1).
``(4) Publication.--The Secretary shall maintain on a
publicly available website of the Department of Agriculture--
``(A) a list of accreditation bodies recognized
under paragraph (2); and
``(B) a list of third-party certifiers accredited
under paragraph (3).
``(e) Promotion.--
``(1) In general.--The Secretary shall promote a certified
participant under the program, including through--
``(A) voluntary labeling established under
paragraph (2); and
``(B) such other communications as the Secretary
determines to be appropriate relating to the products,
buildings, practices, and policies of the certified
participant, such as--
``(i) publication on the website of the
Department of Agriculture of information
relating to the certified participant; and
``(ii) holding events to promote the
certified participant or otherwise relating to
the program.
``(2) Voluntary labeling.--The Secretary shall establish 1
or more voluntary labels that indicate that a certified
participant is certified under the program.
``(f) Interagency Coordination.--The Secretary shall carry out this
section in coordination with the Commissioner of Food and Drugs and the
Administrator of the Environmental Protection Agency, in accordance
with the memorandum of understanding revised under section 3 of the
Reduce Food Loss and Waste Act of 2025.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, including for the hiring of
additional personnel, $3,000,000 for each of fiscal years 2026 through
2030, to remain available until expended.''.
SEC. 3. MEMORANDUM OF UNDERSTANDING.
The Secretary of Agriculture, the Commissioner of Food and Drugs,
and the Administrator of the Environmental Protection Agency shall
revise, in accordance with section 210B of the Agricultural Marketing
Act of 1946 (as added by section 2), the agreement signed on December
17, 2020, relating to cooperation and coordination on food loss and
waste.
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