42 U.S.C. § 1792 — Promoting Federal food donation

Page 5064 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1792 (3) is knowledgeable of the standards to properly recondition the donated food or gro- cery product. (f) Construction This section shall not be construed to create any liability. Nothing in this section shall be construed to supercede State or local health reg- ulations. (Pub. L. 89–642, § 22, formerly Pub. L. 101–610, title IV, § 402, Nov. 16, 1990, 104 Stat. 3183; renum- bered § 22 and amended Pub. L. 104–210, § 1(a)(2), (b), Oct. 1, 1996, 110 Stat. 3011, 3012; Pub. L. 117–362, § 1, Jan. 5, 2023, 136 Stat. 6295.) Editorial Notes CODIFICATION Section was formerly classified to section 12672 of this title prior to renumbering by Pub. L. 104–210. AMENDMENTS 2023—Subsec. (b)(3). Pub. L. 117–362, § 1(1)(A), inserted ‘‘or is charged a good Samaritan reduced price’’ before period at end. Subsec. (b)(6) to (11). Pub. L. 117–362, § 1(1)(B), (C), added par. (6) and redesignated former pars. (6) to (10) as (7) to (11), respectively. Subsec. (b)(12). Pub. L. 117–362, § 1(1)(D), added par. (12). Subsec. (c)(1), (2). Pub. L. 117–362, § 1(2)(A), inserted ‘‘at zero cost or at a good Samaritan reduced price’’ after ‘‘needy individuals’’. Subsec. (c)(3). Pub. L. 117–362, § 1(2)(C), added par. (3). Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 117–362, § 1(2)(B), (D), redesig- nated par. (3) as (4) and substituted ‘‘, (2), and (3)’’ for ‘‘and (2)’’. 1996—Pub. L. 104–210, § 1(a)(2)(A), substituted ‘‘Bill Emerson’’ for ‘‘Model’’ in section catchline. Subsec. (a). Pub. L. 104–210, § 1(a)(2)(B), inserted ‘‘Bill Emerson’’ before ‘‘Good’’. Subsec. (b)(7). Pub. L. 104–210, § 1(a)(2)(C), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘The term ‘gross negligence’ means voluntary and conscious con- duct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person.’’ Subsec. (c). Pub. L. 104–210, § 1(a)(2)(D), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: ‘‘A person or gleaner 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 person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals, except that this paragraph shall not apply to an injury to or death of an ultimate user or re- cipient of the food or grocery product that results from an act or omission of the donor constituting gross neg- ligence or intentional misconduct.’’ Subsec. (f). Pub. L. 104–210, § 1(a)(2)(E), inserted at end ‘‘Nothing in this section shall be construed to supercede State or local health regulations.’’ § 1792. Promoting Federal food donation (a) In general Not later than 180 days after June 20, 2008, the Federal Acquisition Regulation issued in accord- ance with section 1303 of title 41 shall be revised to provide that all contracts above $25,000 for the provision, service, or sale of food in the United States, or for the lease or rental of Fed- eral property to a private entity for events at which food is provided in the United States, shall include a clause that— (1) encourages the donation of excess, appar- ently wholesome food to nonprofit organiza- tions that provide assistance to food-insecure people in the United States; and (2) states the terms and conditions described in subsection (b). (b) Terms and conditions (1) Costs In any case in which a contractor enters into a contract with an executive agency under which apparently wholesome food is donated to food-insecure people in the United States, the head of the executive agency shall not as- sume responsibility for the costs and logistics of collecting, transporting, maintaining the safety of, or distributing excess, apparently wholesome food to food-insecure people in the United States under this section. (2) Liability An executive agency (including an executive agency that enters into a contract with a con- tractor) and any contractor making donations pursuant to this section shall be exempt from civil and criminal liability to the extent pro- vided under section 1791 of this title. (Pub. L. 110–247, § 4, June 20, 2008, 122 Stat. 2314.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 110–247, June 20, 2008, 122 Stat. 2314, which enacted this section and pro- visions set out as notes under this section and section 1771 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 1771 of this title and Tables. CODIFICATION Section was enacted as part of the Federal Food Do- nation Act of 2008, and not as part of the Child Nutri- tion Act of 1966 which comprises this chapter. In subsec. (a), ‘‘section 1303 of title 41’’ substituted for ‘‘section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en- acted Title 41, Public Contracts. Statutory Notes and Related Subsidiaries PURPOSE Pub. L. 110–247, § 2, June 20, 2008, 122 Stat. 2314, pro- vided that: ‘‘The purpose of this Act [enacting this sec- tion and provisions set out as notes under this section and section 1771 of this title] is to encourage executive agencies and contractors of executive agencies, to the maximum extent practicable and safe, to donate ex- cess, apparently wholesome food to feed food-insecure people in the United States.’’ DEFINITIONS Pub. L. 110–247, § 3, June 20, 2008, 122 Stat. 2314, pro- vided that: ‘‘In this Act [enacting this section and pro- visions set out as notes under this section and section 1771 of this title]: ‘‘(1) APPARENTLY WHOLESOME FOOD.—The term ‘ap- parently wholesome food’ has the meaning given the term in section 2(b) [probably means subsec. (b)] of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b)). Page 5065 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1793 ‘‘(2) EXCESS.—The term ‘excess’, when applied to food, means food that— ‘‘(A) is not required to meet the needs of execu- tive agencies; and ‘‘(B) would otherwise be discarded. ‘‘(3) FOOD-INSECURE.—The term ‘food-insecure’ means inconsistent access to sufficient, safe, and nu- tritious food. ‘‘(4) NONPROFIT ORGANIZATION.—The term ‘nonprofit organization’ means any organization that is— ‘‘(A) described in section 501(c) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)]; and ‘‘(B) exempt from tax under section 501(a) of that Code [26 U.S.C. 501(a)].’’ § 1793. Grants for expansion of school breakfast programs (a) Definition of qualifying school In this section, the term ‘‘qualifying school’’ means a school in severe need, as described in section 1773(d)(1) of this title. (b) Establishment Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this section, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to State educational agencies for the purpose of providing subgrants to local educational agencies for qualifying schools to establish, maintain, or expand the school breakfast program in accordance with this section. (c) Grants to State educational agencies (1) Application To be eligible to receive a grant under this section, a State educational agency shall sub- mit to the Secretary an application at such time, in such manner, and containing such in- formation as the Secretary may require. (2) Administration In carrying out this section, the Secretary shall— (A) develop an appropriate competitive ap- plication process; and (B) make information available to State educational agencies concerning the avail- ability of funds under this section. (3) Allocation The amount of grants provided by the Sec- retary to State educational agencies for a fis- cal year under this section shall not exceed the lesser of— (A) the product obtained by multiplying— (i) the number of qualifying schools re- ceiving subgrants or other benefits under subsection (d) for the fiscal year; and (ii) the maximum amount of a subgrant provided to a qualifying school under sub- section (d)(4)(B); or (B) $2,000,000. (d) Subgrants to qualifying schools (1) In general A State educational agency receiving a grant under this section shall use funds made available under the grant to award subgrants to local educational agencies for a qualifying school or groups of qualifying schools to carry out activities in accordance with this section. (2) Priority In awarding subgrants under this subsection, a State educational agency shall give priority to local educational agencies with qualifying schools in which at least 75 percent of the stu- dents are eligible for free or reduced price school lunches under the school lunch pro- gram established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (3) State and district training and technical support A local educational agency or State edu- cational agency may allocate a portion of each subgrant to provide training and technical as- sistance to the staff of qualifying schools to carry out the purposes of this section. (4) Amount; term (A) In general Except as otherwise provided in this para- graph, a subgrant provided by a State edu- cational agency to a local educational agen- cy or qualifying school under this section shall be in such amount, and shall be pro- vided for such term, as the State edu- cational agency determines appropriate. (B) Maximum amount The amount of a subgrant provided by a State educational agency to a local edu- cational agency for a qualifying school or a group of qualifying schools under this sub- section shall not exceed $10,000 for each school year. (C) Maximum grant term A local educational agency or State edu- cational agency shall not provide subgrants to a qualifying school under this subsection for more than 2 fiscal years. (e) Best practices (1) In general Prior to awarding grants under this section, the Secretary shall make available to State educational agencies information regarding the most effective mechanisms by which to in- crease school breakfast participation among eligible children at qualifying schools. (2) Preference In awarding subgrants under this section, a State educational agency shall give preference to local educational agencies for qualifying schools or groups of qualifying schools that have adopted, or provide assurances that the subgrant funds will be used to adopt, the most effective mechanisms identified by the Sec- retary under paragraph (1). (f) Use of funds (1) In general A qualifying school may use a grant pro- vided under this section— (A) to establish, promote, or expand a school breakfast program of the qualifying school under this section, which shall in- clude a nutritional education component;