Congresswoman Chellie Pingree

Representing the 1st District of Maine

Bill Text: HR 4184, Food Recovery Act

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114TH CONGRESS
1ST SESSION H. R. 4184
A BILL
To decrease the incidence of food waste, and for other
purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Food Recovery Act
5 of 2015’’.
6 SEC. 2. TABLE OF CONTENTS.
7 The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I—FARMS
Page 2
Sec. 101. Use of Rural Energy for America Program to reduce food and crop
waste.
Sec. 102. Farm storage facility loan program.
Sec. 103. Composting as conservation practice.
Sec. 104. Study and report on methods to decrease the incidence of food waste.

TITLE II—RETAIL AND RESTAURANTS
Sec. 201. Extension and expansion of charitable deduction for contributions of
food inventory.
Sec. 202. Good Samaritan food donation.
Sec. 203. Report on food donation by retail food stores.
Sec. 204. Use of Commodity Credit Corporation funds to cover Emergency
Food Assistance Program storage and distribution costs.

TITLE III—SCHOOLS AND OTHER INSTITUTIONS
Sec. 301. Establishment of the Office of Food Recovery.
Sec. 302. Amendments to Federal Food Donation Act to require food donations
by executive agencies and Congress.
Sec. 303. Food and agriculture service learning program.
Sec. 304. Farm to school grant program to improve access to local foods in
schools and reduce food waste.
Sec. 305. Modification of National School Lunch Program procurement requirements
to encourage purchase of lower-price, non-standard size
or shape produce.

TITLE IV—CONSUMERS AND LOCAL INFRASTRUCTURE
Sec. 401. Food date labeling.
Sec. 402. Support for national media campaigns to decrease the incidence of
food waste.
Sec. 403. Increase in resources for community facilities loans directed at
composting and waste-to-energy operations.
Sec. 404. Expansion of rural utilities service water and waste disposal program
to provide loans and grants for rural communities to adapt
waste disposal facilities to incorporate food waste-to-energy operations.
Sec. 405. Grants for composting and food waste-to-energy projects.

1 TITLE I—FARMS
2 SEC. 101. USE OF RURAL ENERGY FOR AMERICA PROGRAM
3 TO REDUCE FOOD AND CROP WASTE.

4 (a) INCREASED FUNDING.—Section 9007(g)(1) of
5 the Farm Security and Rural Investment Act of 2002 (7
6 U.S.C. 8107(g)(1)) is amended—
7 (1) by striking ‘‘and’’ at the end of subpara8
graph (D);

Page 3
1 (2) in subparagraph (E), by striking ‘‘fiscal
2 year 2014 and each fiscal year thereafter.’’ and in3
serting ‘‘each of fiscal years 2014 and 2015; and’’;
4 and
5 (3) by adding at the end the following new sub6
paragraph:
7 ‘‘(F) $70,000,000 for fiscal year 2016 and
8 each fiscal year thereafter.’’.
9 (b) REQUIREMENTS RELATED TO INSTALLATION OF
10 ANAEROBIC DIGESTERS.—Section 9007(c) of the Farm
11 Security and Rural Investment Act of 2002 (7 U.S.C.
12 8107(c)) is amended by adding at the end the following
13 new paragraph:
14 ‘‘(5) REQUIREMENTS RELATED TO INSTALLA15
TION OF ANAEROBIC DIGESTERS.—
16 ‘‘(A) IN GENERAL.—In the case of a loan
17 guarantee or grant under this subsection to an
18 agricultural producer or rural small business to
19 support the installation of an anaerobic digester
20 that will use food or crop waste, or both, to
21 produce energy, the Secretary shall obtain from
22 the recipient—
23 ‘‘(i) a written agreement entered into
24 between the recipient and a hunger-serving
25 organization providing for the recipient

Page 4
1 and the organization to work together to
2 ensure that apparently wholesome food (as
3 defined in section 170(e)(3)(C)(iii) of the
4 Internal Revenue Code of 1986) generated
5 by or provided to the recipient for use in
6 the anaerobic digester is redistributed to
7 the organization for provision to people in
8 need of food; and
9 ‘‘(ii) a written end-product recycling
10 plan, which shall provide for the disposal
11 of the material resulting from the anaer12
obic digester, is made, in accordance with
13 guidelines which the Administrator of the
14 Environmental Protection Agency shall es15
tablish, that ensures that the disposal of
16 such material does not create an environ17
mental hazard.
18 ‘‘(B) HUNGER-SERVING ORGANIZATION
19 DEFINED.—In subparagraph (A), the term
20 ‘hunger-serving organization’ means—
21 ‘‘(i) a food bank (as defined in section
22 201A(5) of the Emergency Food Assist23
ance Act of 1983);
24 ‘‘(ii) a food pantry (as defined in sec25
tion 201A(6) of such Act); or
 Page 5
1 ‘‘(iii) a soup kitchen (as defined in
2 section 201A(8) of such Act).’’.
3 (c) SET-ASIDE FOR ANAEROBIC DIGESTERS.—Sec4
tion 9007(g) of the Farm Security and Rural Investment
5 Act of 2002 (7 U.S.C. 8107(g)) is amended by adding at
6 the end the following new paragraph:
7 ‘‘(4) SET-ASIDE FOR ANAEROBIC DIGESTERS.—
8 Of the funds made available for each fiscal year
9 under this subsection, not less than $20,000,000
10 shall be available to support the installation of an11
aerobic digesters that use food or crop waste, or
12 both, to produce energy. Such funds shall remain
13 available until expended.’’.
 

14 SEC. 102. FARM STORAGE FACILITY LOAN PROGRAM.
15 (a) INCLUSION OF REFRIGERATED VEHICLE AS ELI16
GIBLE FACILITY.—Section 1614(a) of the Food, Con17
servation, and Energy Act of 2008 (7 U.S.C. 8789(a)) is
18 amended by striking ‘‘construct or upgrade storage and
19 handling facilities’’ and inserting ‘‘acquire, construct, or
20 upgrade storage, handling, and transportation facilities,
21 which may include refrigerated vehicles to improve storage
22 and marketing,’’.
23 (b) SET-ASIDE TO IMPROVE PRODUCER AND EMER24
GENCY FEEDING ORGANIZATION COOPERATION.—Section
25 1614 of the Food, Conservation, and Energy Act of 2008

Page 6
1 (7 U.S.C. 8789) is amended by adding at the end the fol2
lowing new subsection:
3 ‘‘(g) SET-ASIDE TO IMPROVE COOPERATION BE4
TWEEN PRODUCERS AND EMERGENCY FEEDING ORGANI5
ZATIONS.—Of the funds made available for a fiscal year
6 for storage facility loans under this section, the Secretary
7 shall reserve at least 5 percent for eligible producers that,
8 in cooperation with an emergency feeding organization,
9 agree to use the storage facility loan to acquire, construct,
10 or upgrade storage, handling, and transportation facilities
11 to improve the ability of the producer to provide commod12
ities to an emergency feeding organization and the ability
13 of the emergency feeding organization to provide commod14
ities to eligible recipients. In this subsection, the term
15 ‘emergency feeding organization’ has the meaning given
16 that term in section 201A of the Emergency Food Assist17
ance Act of 1983 (7 U.S.C. 7501).’’.

18 SEC. 103. COMPOSTING AS CONSERVATION PRACTICE.
19 Title XII of the Food Security Act of 1985 (16
20 U.S.C. 3801 et seq.) is amended—
21 (1) in section 1201(a), by adding at the end the
22 following:
23 ‘‘(28) COMPOSTING PRACTICE.—The term
24 ‘composting practice’ includes—
Page 7
1 ‘‘(A) activities to produce compost, includ2
ing activities that do not require the use of a
3 composting facility; and
4 ‘‘(B) the use of compost.’’;
5 (2) in section 1238D(2)(B)(i), by inserting
6 ‘‘and composting practices’’ after ‘‘agriculture drain7
age management systems’’; and
8 (3) in section 1240A(4)(A)(ii), by inserting ‘‘,
9 including composting practices’’ before the semi10
colon.

11 SEC. 104. STUDY AND REPORT ON METHODS TO DECREASE
12 THE INCIDENCE OF FOOD WASTE.

13 (a) STUDY.—The Secretary of Agriculture shall con14
duct a study on—
15 (1) new technologies to increase the period dur16
ing which an agricultural product may be stored be17
fore such product is considered adulterated under
18 State or Federal law; and
19 (2) a method to measure the amount of agricul20
tural products that are disposed of each year by the
21 farms that produce such products.
22 (b) REPORT.—Not later than 1 year after the date
23 of the enactment of this Act, the Secretary of Agriculture
24 shall submit to Congress a report that contains—

Page 8
1 (1) the results of the study conducted under
2 subsection (a); and
3 (2) the recommendations of the Secretary with
4 respect to methods of decreasing the incidence of
5 food waste.
6 (c) AGRICULTURAL PRODUCT DEFINED.—In this
7 section, the term ‘‘agricultural product’’ has the meaning
8 given the term ‘‘agricultural products’’ in section 207 of
9 the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).

10 TITLE II—RETAIL AND
11 RESTAURANTS

12 SEC. 201. EXTENSION AND EXPANSION OF CHARITABLE DE
13 DUCTION FOR CONTRIBUTIONS OF FOOD IN
14 VENTORY.

15 (a) PERMANENT EXTENSION.—Section 170(e)(3)(C)
16 of the Internal Revenue Code of 1986 is amended by strik17
ing clause (iv).
18 (b) INCREASE IN LIMITATION.—Section 170(e)(3)(C)
19 of such Code, as amended by subsection (a), is amended
20 by striking clause (ii), by redesignating clause (iii) as
21 clause (iv), and by inserting after clause (i) the following
22 new clauses:
23 ‘‘(ii) LIMITATION.—The aggregate
24 amount of such contributions for any tax-

Page 9
1 able year which may be taken into account
2 under this section shall not exceed—
3 ‘‘(I) in the case of any taxpayer
4 other than a C corporation, 15 per5
cent of the taxpayer’s aggregate net
6 income for such taxable year from all
7 trades or businesses from which such
8 contributions were made for such
9 year, computed without regard to this
10 section, and
11 ‘‘(II) in the case of a C corpora12
tion, 15 percent of taxable income (as
13 defined in subsection (b)(2)(D)).
14 ‘‘(iii) RULES RELATED TO LIMITA15
TION.—
16 ‘‘(I) CARRYOVER.—If such aggre17
gate amount exceeds the limitation
18 imposed under clause (ii), such excess
19 shall be treated (in a manner con20
sistent with the rules of subsection
21 (d)) as a charitable contribution de22
scribed in clause (i) in each of the 5
23 succeeding taxable years in order of
24 time.

Page 10
1 ‘‘(II) COORDINATION WITH OVER2
ALL CORPORATE LIMITATION.—In the
3 case of any charitable contribution al4
lowable under clause (ii)(II), sub5
section (b)(2)(A) shall not apply to
6 such contribution, but the limitation
7 imposed by such subsection shall be
8 reduced (but not below zero) by the
9 aggregate amount of such contribu10
tions. For purposes of subsection
11 (b)(2)(B), such contributions shall be
12 treated as allowable under subsection
13 (b)(2)(A).’’.
14 (c) DETERMINATION OF BASIS FOR CERTAIN TAX15
PAYERS.—Section 170(e)(3)(C) of such Code, as amended
16 by subsections (a) and (b), is amended by adding at the
17 end the following new clause:
18 ‘‘(v) DETERMINATION OF BASIS FOR
19 CERTAIN TAXPAYERS.—If a taxpayer—
20 ‘‘(I) does not account for inven21
tories under section 471, and
22 ‘‘(II) is not required to capitalize
23 indirect costs under section 263A,
24 the taxpayer may elect, solely for purposes
25 of subparagraph (B), to treat the basis of

Page 11
1 any apparently wholesome food as being
2 equal to 25 percent of the fair market
3 value of such food.’’.
4 (d) DETERMINATION OF FAIR MARKET VALUE.—
5 Section 170(e)(3)(C) of such Code, as amended by sub6
sections (a), (b), and (c), is amended by adding at the
7 end the following new clause:
8 ‘‘(vi) DETERMINATION OF FAIR MAR9
KET VALUE.—In the case of any such con10
tribution of apparently wholesome food
11 which cannot or will not be sold solely by
12 reason of internal standards of the tax13
payer, lack of market, or similar cir14
cumstances, or by reason of being pro15
duced by the taxpayer exclusively for the
16 purposes of transferring the food to an or17
ganization described in subparagraph (A),
18 the fair market value of such contribution
19 shall be determined—
20 ‘‘(I) without regard to such inter21
nal standards, such lack of market,
22 such circumstances, or such exclusive
23 purpose, and
24 ‘‘(II) by taking into account the
25 price at which the same or substan-

Page 12
1 tially the same food items (as to both
2 type and quality) are sold by the tax3
payer at the time of the contribution
4 (or, if not so sold at such time, in the
5 recent past).’’.
6 (e) NONPROFIT RETAIL SALES.—Section
7 170(e)(3)(C) of such Code, as amended by subsections (a),
8 (b), (c), and (d), is amended by adding at the end the
9 following new clause:
10 ‘‘(vii) NONPROFIT RETAIL SALE.—For
11 purposes of clause (i), a charitable con12
tribution of food includes a contribution to
13 or for the use of an organization described
14 in subsection (c) that is a food bank, food
15 pantry, soup kitchen, or other similar orga16
nization which holds such food for non17
profit retail sale. For purposes of the pre18
ceding sentence, the terms ‘food bank’,
19 ‘food pantry’, and ‘soup kitchen’ have the
20 meanings given such terms by section
21 201A of the Emergency Food Assistance
22 Act of 1983 (7 U.S.C. 7501).’’.
23 (f) EFFECTIVE DATE.—
24 (1) IN GENERAL.—Except as otherwise pro25
vided in this subsection, the amendments made by

Page 13
1 this section shall apply to contributions made after
2 the date of the enactment of this Act, in taxable
3 years ending after such date.
4 (2) LIMITATION; APPLICABILITY TO C CORPORA5
TIONS.—The amendments made by subsection (b)
6 shall apply to contributions made in taxable years
7 ending after the date of the enactment of this Act.

8 SEC. 202. GOOD SAMARITAN FOOD DONATION.
9 (a) DEFINITION OF ULTIMATE DISTRIBUTION.—Sec10
tion 22(b) of the Child Nutrition Act of 1966 (42 U.S.C.
11 1791(b)) is amended by adding at the end the following
12 new paragraph:
13 ‘‘(11) ULTIMATE DISTRIBUTION.—The term
14 ‘ultimate distribution’ means any method by which
15 an individual receives a product from an entity, in16
cluding by donation or at a reduced cost.’’.
17 (b) LOCAL HEALTH LAWS AND REGULATIONS.—Sec18
tion 22 of the Child Nutrition Act of 1966 (42 U.S.C.
19 1791) is amended—
20 (1) in subsections (b)(1), (b)(2), and (e) by
21 striking ‘‘Federal, State, and local’’ and inserting
22 ‘‘Federal and State’’; and
23 (2) in subsection (f), by striking ‘‘or local’’.
24 (c) CONFORMING AMENDMENT.—Section 22(e)(2) of
25 the Child Nutrition Act of 1966 (42 U.S.C. 1791(e)(2))

Page 14
1 is amended by striking ‘‘distribution’’ and inserting ‘‘ulti2
mate distribution to needy individuals’’.

3 SEC. 203. REPORT ON FOOD DONATION BY RETAIL FOOD
4 STORES.

5 Not later than 1 year after the date of the enactment
6 of this Act, the Secretary of Agriculture shall submit to
7 Congress a report that contains the recommendations of
8 the Secretary with respect to methods of increasing food
9 donation by retail food stores, as defined by the Secretary.

10 SEC. 204. USE OF COMMODITY CREDIT CORPORATION
11 FUNDS TO COVER EMERGENCY FOOD ASSIST
12 ANCE PROGRAM STORAGE AND DISTRIBU
13 TION COSTS.

14 (a) USE OF COMMODITY CREDIT CORPORATION
15 FUNDS.—Section 204(a)(1) of the Emergency Food As16
sistance Act of 1983 (7 U.S.C. 7508(a)(1)) is amended—
17 (1) in the first sentence, by striking ‘‘There are
18 authorized to be appropriated $100,000,000 for fis19
cal year 2008 and each fiscal year thereafter, for the
20 Secretary to make available to the States’’ and in21
serting ‘‘Using funds of the Commodity Credit Cor22
poration, the Secretary shall make available to the
23 States $100,000,000 for fiscal year 2016 and each
24 fiscal year thereafter’’; and

Page 15
1 (2) in the second sentence, by striking ‘‘Funds
2 appropriated’’ and inserting ‘‘Funds made avail3
able’’.
4 (b) RELATION TO OTHER COMMODITY CREDIT COR5
PORATION EXPENDITURES.—Section 204(b) of the Emer6
gency Food Assistance Act of 1983 (7 U.S.C. 7508(b))
7 is amended by striking ‘‘appropriations made or author8
ized under this section’’ and inserting ‘‘amounts made
9 available under subsection (a)(1)’’.
10 (c) CLERICAL AMENDMENT.—The heading of section
11 204 of the Emergency Food Assistance Act of 1983 (7
12 U.S.C. 7508) is amended to read as follows:
13 ‘‘SEC. 204. FUNDS FOR STATE STORAGE AND DISTRIBUTION
14 COSTS.’’.


15 TITLE III—SCHOOLS AND OTHER
16 INSTITUTIONS

17 SEC. 301. ESTABLISHMENT OF THE OFFICE OF FOOD RE
18 COVERY.

19 The Federal Crop Insurance Reform and Department
20 of Agriculture Reorganization Act of 1994 is amended by
21 inserting after section 309 (7 U.S.C. 6921) the following
22 new section:
23 ‘‘SEC. 310. OFFICE OF FOOD RECOVERY.
24 ‘‘(a) OFFICE ESTABLISHED.—The Secretary of Agri25
culture shall establish within the Department of Agri-

Page 16
1 culture an office to be known as the ‘Office of Food Recov2
ery’ to coordinate Federal programs to measure and re3
duce the incidence of food waste.
4 ‘‘(b) DIRECTOR OF FOOD RECOVERY.—The Office
5 shall be headed by a Director, to be appointed by the Sec6
retary.
7 ‘‘(c) DUTIES.—The Director of the Office of Food
8 Recovery shall—
9 ‘‘(1) support and promote Federal programs to
10 reduce the incidence of food waste; and
11 ‘‘(2) make recommendations with respect to re12
ducing the incidence of food waste.’’.

13 SEC. 302. AMENDMENTS TO FEDERAL FOOD DONATION ACT
14 TO REQUIRE FOOD DONATIONS BY EXECU
15 TIVE AGENCIES AND CONGRESS.

16 (a) REQUIREMENT.—The Federal Food Donation
17 Act of 2008 (Public Law 110–247; 42 U.S.C. 1792) is
18 amended—
19 (1) in section 2, by striking ‘‘encourage’’ and
20 inserting ‘‘require’’; and
21 (2) in section 4(a)(1), by striking ‘‘encourages’’
22 and inserting ‘‘requires’’.
23 (b) DEFINITION OF AGENCIES COVERED.—Section 3
24 of such Act is amended by adding at the end the following
25 new paragraph:

Page 17
1 ‘‘(5) EXECUTIVE AGENCY.—The term ‘executive
2 agency’ has the meaning provided that term in sec3
tion 133 of title 41, United States Code.’’.
4 (c) DEADLINE.—Section 4(a) of such Act is amended
5 by striking ‘‘Not later than’’ and all that follows through
6 ‘‘421)’’ and inserting ‘‘Not later than 180 days after the
7 date of the enactment of the Food Recovery Act of 2015,
8 the Federal Acquisition Regulation issued in accordance
9 with section 1121 of title 41, United States Code,’’.
10 (d) EXPANSION OF CONTRACTS COVERED.—Section
11 4(a) of such Act is amended by striking ‘‘$25,000’’ and
12 inserting ‘‘$10,000’’.
13 (e) COVERAGE OF CONGRESS.—Section 4 of such Act
14 is amended by adding at the end the following new sub15
section:
16 ‘‘(c) APPLICATION TO CONGRESS.—
17 ‘‘(1) CONTRACTS.—This Act shall apply to the
18 House of Representatives and to contracts entered
19 into by the House of Representatives, and to the
20 Senate and to contracts entered into by the Senate,
21 in the same manner and to the same extent as this
22 Act applies to an executive agency and to contracts
23 entered into by an executive agency.
24 ‘‘(2) ADMINISTRATION.—For purposes of car25
rying out paragraph (1)—

Page 18
1 ‘‘(A) the Chief Administrative Officer of
2 the House of Representatives shall be consid3
ered the head of the House of Representatives;
4 and
5 ‘‘(B) the Secretary of the Senate shall be
6 considered the head of the Senate.’’.
7 (f) AUTHORIZATION OF APPROPRIATIONS.—Such Act
8 is further amended by adding at the end the following new
9 section:
10 ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
11 ‘‘There is authorized to be appropriated $10,000,000
12 each fiscal year to the Secretary of Agriculture to enforce
13 this Act.’’.

14 SEC. 303. FOOD AND AGRICULTURE SERVICE LEARNING
15 PROGRAM.

16 (a) PURPOSES AND PRIORITIES.—Section 413 of the
17 Agricultural Research, Extension, and Education Reform
18 Act of 1998 (7 U.S.C. 7633) is amended—
19 (1) in subsection (a), by striking ‘‘and improve
20 the nutritional health of children’’ and inserting ‘‘,
21 improve the nutritional health of children, and raise
22 public awareness about wasted food and the use of
23 food recovery efforts to reduce the quantity of wast24
ed food’’;
25 (2) in subsection (b)—

Page 19
1 (A) by redesignating paragraphs (4) and
2 (5) as paragraphs (5) and (6), respectively; and
3 (B) by inserting after paragraph (3) the
4 following new paragraph:
5 ‘‘(4) to raise public awareness about the con6
sequences of wasted food and to encourage the im7
plementation of food recovery initiatives to reduce
8 the quantity of wasted food;’’; and
9 (3) in subsection (c)(2)(C), by striking ‘‘and
10 where food comes from’’ and inserting ‘‘, where food
11 comes from, the consequences of food waste, and
12 food recovery initiatives’’.
13 (b) FUNDING.—Section 413 of the Agricultural Re14
search, Extension, and Education Reform Act of 1998 (7
15 U.S.C. 7633) is amended—
16 (1) in subsection (a), by striking ‘‘Subject to
17 the availability of appropriations under subsection
18 (e), the Secretary’’ and inserting ‘‘The Secretary’’;
19 and
20 (2) in subsection (e), by striking paragraph (1)
21 and inserting the following new paragraph:
22 ‘‘(1) SOURCE OF FUNDS.—Using funds of the
23 Commodity Credit Corporation, the Secretary shall
24 make available $5,000,000 for fiscal year 2016 and
25 for each fiscal year thereafter to carry out the Pro-

Page 20
1 gram. Such amounts shall remain available until ex2
pended.’’.

3 SEC. 304. FARM TO SCHOOL GRANT PROGRAM TO IMPROVE
4 ACCESS TO LOCAL FOODS IN SCHOOLS AND
5 REDUCE FOOD WASTE.

6 (a) PURPOSE OF GRANT PROGRAM.—Section
7 18(g)(3)(A)(v) of the Richard B. Russell National School
8 Lunch Act (42 U.S.C. 1769(g)(3)(A)(v)) is amended by
9 inserting before the semicolon the following: ‘‘and reduc10
ing food waste at both the school and farm level’’.
11 (b) FUNDING.—Section 18(g)(8)(A) of the Richard
12 B. Russell National School Lunch Act (42 U.S.C.
13 1769(g)(8)(A))—
14 (1) by striking ‘‘On October 1, 2012, and each
15 October 1 thereafter, out’’ and inserting ‘‘Out’’; and
16 (2) by striking ‘‘$5,000,000, to remain available
17 until expended.’’ and inserting ‘‘$5,000,000 on Octo18
ber 1, 2012, and each October 1 thereafter through
19 October 1, 2015, and $6,000,000 on October 1,
20 2016, and each October 1 thereafter. Amounts made
21 available under this subparagraph shall remain
22 available until expended.’’
23 (c) SET-ASIDE FOR FOOD WASTE REDUCTION
24 GRANTS.—Section 18(g)(3) of the Richard B. Russell Na-

Page 21
1 tional School Lunch Act (42 U.S.C. 1769(g)(3)) is amend2
ed by adding at the end the following new subparagraph:
3 ‘‘(D) SET-ASIDE FOR FOOD WASTE REDUC4
TION GRANTS.—Of the funds made available for
5 a fiscal year for grants under this subsection,
6 the Secretary shall reserve at least $1,000,000
7 for grants to implement farm to school pro8
grams designed to both facilitate a school’s use
9 of food from farms that would otherwise go to
10 waste and projects that provide farms with
11 compostable materials from schools, including
12 food scraps, and compostable lunch trays and
13 utensils.’’.

14 SEC. 305. MODIFICATION OF NATIONAL SCHOOL LUNCH
15 PROGRAM PROCUREMENT REQUIREMENTS
16 TO ENCOURAGE PURCHASE OF LOWER17
PRICE, NON-STANDARD SIZE OR SHAPE
18 PRODUCE.

19 Section 9(a)(4)(C) of the Richard B. Russell National
20 School Lunch Act (7 U.S.C. 2011 et seq.(a)(4)(C)) is
21 amended by striking clause (ii) and inserting the following
22 new clause (ii):
23 ‘‘(ii) in the product specifications and
24 practices required by clause (i), encourage
25 State departments of agriculture and edu-

Page 22
1 cation, school food authorities, local edu2
cational agencies, and local processing enti3
ties to purchase lower-price, non-standard
4 size or shape produce to be used in school
5 nutrition programs under this Act and the
6 Child Nutrition Act of 1966 (42 U.S.C.
7 1771 et seq.); and’’.

8 TITLE IV—CONSUMERS AND
9 LOCAL INFRASTRUCTURE

10 SEC. 401. FOOD DATE LABELING.
11 (a) MISBRANDING.—Section 403 of the Federal
12 Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amend13
ed by adding at the end the following:
14 ‘‘(z) If it is food whose date labeling is in violation
15 of section 424.’’.
16 (b) REQUIREMENTS.—Chapter IV of the Federal
17 Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.)
18 is amended by adding at the end the following:
19 ‘‘SEC. 424. DATE LABELING.
20 ‘‘(a) IN GENERAL.—If the labeling of food includes
21 a date by which the food is recommended to be sold or
22 consumed, such date—
23 ‘‘(1) shall be immediately preceded by the
24 words ‘Best if Used By’;

Page 23
1 ‘‘(2) shall be immediately followed by the state2
ment ‘Manufacturer’s Suggestion Only’ in the same
3 size, font, and color as such date; and
4 ‘‘(3) shall not be characterized as a sell-by, use5
by, best-by, quality best-by, expires on, or other
6 similar date.
7 ‘‘(b) HIGH-RISK FOODS.—
8 ‘‘(1) DEFINITION.—In this subsection, the term
9 ‘high-risk food’ means food for which a listing pur10
suant to paragraph (3) is in effect.
11 ‘‘(2) LABELING.—If the labeling of any high12
risk food includes a date by which the food is rec13
ommended to be sold or consumed, such date—
14 ‘‘(A) shall be immediately preceded by the
15 words ‘Expires on’;
16 ‘‘(B) shall be immediately followed by the
17 statement ‘Manufacturer’s Suggestion Only’ in
18 the same size, font, and color as such date; and
19 ‘‘(C) shall not be characterized as a sell-by,
20 use-by, best-by, quality best-by, freshest by, or
21 other similar date.
22 ‘‘(3) LIST.—The Secretary shall—
23 ‘‘(A) not later than 180 days after the date
24 of the enactment of this section, publish a list
25 of foods that—

Page 24
1 ‘‘(i) are sold ready-to-eat; and
2 ‘‘(ii) have a high risk of microbial con3
tamination if not consumed by a certain
4 date; and
5 ‘‘(B) periodically review and, as appro6
priate, update such list.
7 ‘‘(c) EXCEPTION.—This section does not apply with
8 respect to infant formula subject to section 412.’’.
9 (c) APPLICABILITY.—The requirements of sections
10 403(z) and 424 of the Federal Food, Drug, and Cosmetic
11 Act, as added by this section, apply beginning on the date
12 that is 1 year after the date of enactment of this Act,
13 except that subsection (b)(3) of such section 424 is not
14 subject to such delay in applicability.

15 SEC. 402. SUPPORT FOR NATIONAL MEDIA CAMPAIGNS TO
16 DECREASE THE INCIDENCE OF FOOD WASTE.

17 (a) IN GENERAL.—The Secretary of Agriculture shall
18 support national media campaigns to decrease the inci19
dence of food waste.
20 (b) MANDATORY FUNDING.—The Secretary of Agri21
culture shall use $8,000,000 of funds of the Commodity
22 Credit Corporation to carry out this section for fiscal year
23 2017. Such funds shall remain available until expended.

Page 25
1 SEC. 403. INCREASE IN RESOURCES FOR COMMUNITY FA2
CILITIES LOANS DIRECTED AT COMPOSTING
3 AND WASTE-TO-ENERGY OPERATIONS.

4 Section 306(a)(1) of the Consolidated Farm and
5 Rural Development Act (7 U.S.C. 926(a)(1)) is amended
6 by inserting after the 1st sentence the following: ‘‘5 per7
cent of the amounts made available for each fiscal year
8 for loans for essential community facilities under the pre9
ceding sentence shall be reserved for loans, in accordance
10 with section 306(e)(2), for municipal or county
11 composting and anaerobic digestion food waste-to-energy
12 projects.’’.

13 SEC. 404. EXPANSION OF RURAL UTILITIES SERVICE
14 WATER AND WASTE DISPOSAL PROGRAM TO
15 PROVIDE LOANS AND GRANTS FOR RURAL
16 COMMUNITIES TO ADAPT WASTE DISPOSAL
17 FACILITIES TO INCORPORATE FOOD WASTE18
TO-ENERGY OPERATIONS.

19 Section 306 of the Consolidated Farm and Rural De20
velopment Act (7 U.S.C. 1926) is amended by adding at
21 the end the following:
22 ‘‘(e) WATER OR WASTE DISPOSAL LOANS AND
23 GRANTS FOR PROJECTS TO INCORPORATE FOOD WASTE24
TO-ENERGY OPERATIONS IN WASTE DISPOSAL FACILI25
TIES.—

Page 26
1 ‘‘(1) IN GENERAL.—Notwithstanding any other
2 provision of law, beginning in fiscal year 2016, in
3 addition to any other amounts available for water or
4 waste disposal loans and grants under paragraphs
5 (1) and (2) of subsection (a), $50,000,000 of the
6 funds of the Commodity Credit Corporation for each
7 fiscal year shall be available for the loans and
8 grants, of which the Secretary shall use—
9 ‘‘(A) $25,000,000 for loans, in accordance
10 with paragraph (2), for the adaptation of waste
11 disposal facilities to incorporate anaerobic di12
gestion food waste-to-energy operations; and
13 ‘‘(B) $25,000,000 for grants, in accord14
ance with paragraph (2), for the adaptation of
15 waste disposal facilities to incorporate anaerobic
16 digestion food waste-to-energy operations.
17 ‘‘(2) REQUIREMENTS.—
18 ‘‘(A) IN GENERAL.—A loan or grant is
19 made in accordance with this paragraph if, be20
fore making the loan or grant, the Secretary
21 has obtained from the recipient—
22 ‘‘(i) a written agreement entered into
23 between the recipient and a hunger-serving
24 organization providing for the recipient
25 and the organization to work together to

Page 27
1 ensure that apparently wholesome food (as
2 defined in section 170(e)(3)(C)(iii) of the
3 Internal Revenue Code of 1986) provided
4 to the recipient is redistributed to the or5
ganization for provision to people in need
6 of food; and
7 ‘‘(ii) a written end-product recycling
8 plan, which shall provide for the disposal
9 of the material resulting from any food-to10
waste operation with respect to which the
11 loan or grant is made, in accordance with
12 guidelines which the Administrator of the
13 Environmental Protection Agency shall es14
tablish, that ensures that the disposal does
15 not create an environmental hazard.
16 ‘‘(B) HUNGER-SERVING ORGANIZATION
17 DEFINED.—In subparagraph (A), the term
18 ‘hunger-serving organization’ means—
19 ‘‘(i) a food bank (as defined in section
20 201A(5) of the Emergency Food Assist21
ance Act of 1983);
22 ‘‘(ii) a food pantry (as defined in sec23
tion 201A(6) of such Act); or
24 ‘‘(iii) a soup kitchen (as defined in
25 section 201A(8) of such Act).

Page 28
1 ‘‘(3) AVAILABILITY.—Funds made available
2 under paragraph (1) shall remain available until ex3
pended.’’.

4 SEC. 405. GRANTS FOR COMPOSTING AND FOOD WASTE-TO5
ENERGY PROJECTS.

6 (a) IN GENERAL.—Subtitle G of the Solid Waste Dis7
posal Act (42 U.S.C. 6971 et seq.) is amended by adding
8 at the end the following:
9 ‘‘SEC. 7011. GRANTS FOR COMPOSTING AND FOOD WASTE10
TO-ENERGY PROJECTS.
11 ‘‘(a) GRANTS.—The Administrator shall establish a
12 grant program to award grants to eligible States to con13
struct large-scale composting or food waste-to-energy an14
aerobic digestion projects.
15 ‘‘(b) ELIGIBLE STATES.—In order to be eligible to
16 receive a grant under this section, a State shall—
17 ‘‘(1) limit the amount of food waste that may
18 be disposed of in landfills in the State;
19 ‘‘(2) enter into a written agreement with a hun20
ger-serving organization providing for the State and
21 the organization to work together to ensure that ap22
parently wholesome food (as defined in section
23 170(e)(3)(C)(iii) of the Internal Revenue Code of
24 1986) provided to the State for the project is redis-

Page 29
1 tributed to the organization for provision to people
2 in need of food; and
3 ‘‘(3) have in place a written end-product recy4
cling plan, which shall provide for the disposal of the
5 material resulting from the project, in accordance
6 with guidelines which the Administrator of the Envi7
ronmental Protection Agency shall establish, that
8 ensures that the disposal does not create an environ9
mental hazard.
10 ‘‘(c) HUNGER-SERVING ORGANIZATION DEFINED.—
11 In subsection (b), the term ‘hunger-serving organization’
12 means—
13 ‘‘(1) a food bank (as defined in section 201A(5)
14 of the Emergency Food Assistance Act of 1983);
15 ‘‘(2) a food pantry (as defined in section
16 201A(6) of such Act); or
17 ‘‘(3) a soup kitchen (as defined in section
18 201A(8) of such Act).
19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
20 are authorized to be appropriated to carry out this section
21 $100,000,000 for each fiscal year.’’.
22 (b) CLERICAL AMENDMENT.—The table of contents
23 for such Act is amended by inserting after the item relat24
ing to section 7010 the following new item:
‘‘Sec. 7011. Grants for composting and food waste-to-energy projects.’’.