,,ii #aadth ,,congress #b;d ,session ,s4 #cajh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bi1 #bjaf,mr4 ,blumenthal 7for himself1 ,mr4 ,schatz1 ,mr4 ,wyden1 ,mr4 ,merkley1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to decrease the incidence of food waste1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,food ,recovery ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,secretary4 ,,title ,i--,farms ,sec4 #aja4 ,use of ,rural ,energy for ,america ,program to reduce food and crop waste4 ,sec4 #ajb4 ,farm storage facility loan program4 ,sec4 #ajc4 ,composting as conservation practice4 ,sec4 #ajd4 ,study and report on methods to decrease the incidence of food waste4 ,,title ,,ii--,retail and ,restaurants ,sec4 #bja4 ,good ,samaritan food donation4 ,sec4 #bjb4 ,report on food donation by retail food stores4 ,sec4 #bjc4 ,use of ,commodity ,credit ,corporation funds to cover ,emergency ,food ,assistance ,program storage and distribution costs4 ,,title ,,iii--,schools and other ,institutions ,sec4 #cja4 ,establishment of the ,office of ,food ,recovery4 ,sec4 #cjb4 ,amendments to ,federal ,food ,donation ,act to require food donations by executive agencies and ,congress4 ,sec4 #cjc4 ,food and agriculture service learning program4 ,sec4 #cjd4 ,farm to school grant program to improve access to local foods in schools and reduce food waste4 ,sec4 #cje4 ,modification of ,national ,school ,lunch ,program procurement requirements to encourage purchase of lower-price1 nonstandard size or shape produce4 ,,title ,,iv--,food ,date ,labeling ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,findings4 ,sec4 #djc4 ,definitions4 ,sec4 #djd4 ,quality dates and safety dates4 ,sec4 #dje4 ,misbranding violation for quality dates and safety dates in food labeling4 ,sec4 #djf4 ,report to ,congress4 ,,title ,v--,consumers and ,local ,infrastructure ,sec4 #eja4 ,support for national media campaigns to decrease the incidence of food waste4 ,sec4 #ejb4 ,increase in resources for community facilities loans directed at composting and anaerobic digestion food waste-to-energy operations4 ,sec4 #ejc4 ,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 anaerobic digestion food waste-to-energy operations4 ,sec4 #ejd4 ,grants for composting and anaerobic digestion food waste-to-energy projects4,sec4 #eje4 ,government ,accountability ,office audit4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,agriculture4 ,i ,farms #aja4 ,use of ,rural ,energy for ,america ,program to reduce food and crop waste 7a7 ,requirements relating to installation of anaerobic digesters ,section #ijjg7;c7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7;c77 is amended by adding at the end the following3 7#e7 ,requirements related to installation of anaerobic digesters 7,a7 ,definition of hunger-serving organization ,in this paragraph1 the term hunger-serving organization means a food bank1 food pantry1 or soup kitchen 7as those terms are defined in section #bja;,a of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geja774 7,b7 ,requirements ,in the case of a loan guarantee or grant under this subsection to an agricultural producer or rural small business to support the installation of an anaerobic digester that will not use solely manure to produce renewable energy1 the ,secretary shall obtain from the recipient of the loan guarantee or grant-- 7i7 a written agreement entered into between the recipient and a hunger-serving organization providing that the recipient and the hunger-serving organization will work together to ensure that apparently wholesome food 7as defined in section #bb7;b7 of the ,bill ,emerson ,good ,samaritan ,food ,donation ,act 7#db ,u4,s4,c4 #agia7;b77 generated by or provided to the recipient for use in the anaerobic digester is redistributed to the organization for provision to people in need of food2 and 7ii7 a written end-product recycling plan that-- 7,i7 provides for the use of the material resulting from the anaerobic digester1 in accordance with guidelines that the ,administrator shall establish2 and 7,,ii7 ensures that the use of the material resulting from the anaerobic digester does not create an environmental hazard4 4 7b7 ,increased funding ,section #ijjg7;g77#a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7;g77#a77 is amended-- 7#a7 in subparagraph 7,d71 by striking and at the end2 7#b7 in subparagraph 7,e71 by striking fiscal year #bjad and each fiscal year thereafter4 and inserting each of fiscal years #bjad and #bjae2 and2 and 7#c7 by adding at the end the following3 7,f7 #gj1jjj1jjj for fiscal year #bjaf and each fiscal year thereafter4 4 7c7 ,set-,aside for anaerobic digesters ,section #ijjg7;g7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7;g77 is amended by adding at the end the following3 7#d7 ,set-aside for anaerobic digesters 7,a7 ,in general ,of the funds made available for each fiscal year under this subsection1 not less than #bj1jjj1jjj shall be available to support the installation of anaerobic digesters that do not use solely manure to produce renewable energy4 7,b7 ,preference ,the ,secretary shall give preference to the use of amounts made available under subparagraph 7,a7 to support the installation of anaerobic digesters that use primarily nonedible food1 crop waste1 or nonedible food and crop waste as undigested biomass4 7,c7 ,availability ,funds made available under subparagraph 7,a7 shall remain available until expended4 4 #ajb4 ,farm storage facility loan program 7a7 ,inclusion of refrigerated vehicle as eligible facility ,section #afad7;a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hghi7;a77 is amended by striking to construct or upgrade storage and handling facilities and inserting to acquire1 construct1 or upgrade storage1 handling1 and transportation facilities1 which may include refrigerated vehicles to improve storage and marketing14 7b7 ,set-,aside ,to improve ,producer and emergency feeding organization cooperation ,section #afad of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hghi7 is amended by adding at the end the following3 7g7 ,set-,aside ,to improve ,cooperation between ,producers and emergency feeding organizations 7#a7 ,definition of emergency feeding organization ,in this subsection1 the term emergency feeding organization has the meaning given the term in section #bja;,a of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geja74 7#b7 ,set-aside ,of the funds made available for a fiscal year for storage facility loans under this section1 the ,secretary shall reserve not less than #e percent for eligible producers described in subsection 7b7 that1 in cooperation with emergency feeding organizations1 agree to use the storage facility loans to acquire1 construct1 or upgrade storage1 handling1 and transportation facilities to improve-- 7,a7 the ability of the eligible producers to provide commodities to emergency feeding organizations2 and 7,b7 the ability of the emergency feeding organizations to provide commodities to eligible recipients of the commodities4 4 #ajc4 ,composting as conservation practice 7a7 ,definitions ,section #abja7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a77 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#bg7 as paragraphs 7#d7 through 7#bh71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,composting practice ,the term composting practice means-- 7,a7 an activity to produce compost1 including an activity that does not require the use of a composting facility such as onsite composting at a restaurant or institution2 and 7,b7 the use of compost4 4 7b7 ,conservation stewardship program ,section #abch;,d7#b77;,b77i7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;d7#b77;,b77i77 is amended by inserting and composting practices after agriculture drainage management systems4 7c7 ,environmental quality incentives program ,section #abdj;,a7#d77;,a77ii7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#a7d77;,a77ii77 is amended by inserting 1 including composting practices before the semicolon at the end4 #ajd4 ,study and report on methods to decrease the incidence of food waste 7a7 ,definition of agricultural product ,in this section1 the term agricultural product has the meaning given the term agricultural products in section #bjg of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbf74 7b7 ,study ,the ,secretary shall conduct a study on-- 7#a7 new technologies to increase the period during which an agricultural product may be stored before the agricultural product is considered adulterated under ,state or ,federal law2 and 7#b7 a method to measure the quantity of agricultural product that is not harvested or sent to market each year by the farms that produce the agricultural product4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 the results of the study conducted under subsection 7b72 and 7#b7 the recommendations of the ,secretary with respect to methods of decreasing the incidence of food waste4 ,,ii ,retail and ,restaurants #bja4 ,good ,samaritan food donation ,the ,bill ,emerson ,good ,samaritan ,food ,donation ,act 7#db ,u4,s4,c4 #agia7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraphs 7#a7 and 7#b71 by striking ,federal1 ,state1 and local each place it appears and inserting ,federal and ,state2 7,b7 in paragraph 7#c71 by striking user is and inserting the following3 8user-- 7,a7 in the case of food1 is charged a reduced rate for the food2 or 7,b7 is 2 and 7,c7 by adding at the end the following3 7#aa7 ,ultimate distribution ,the term ultimate distribution means any method by which an individual receives a product from an entity1 including by donation or at a reduced cost4 2 7#b7 in subsection 7c77#a7-- 7,a7 by inserting 7including a food or apparently fit grocery product the quality date 7as defined in section #djc of the ,food ,recovery ,act of #bjaf7 of which is expired7 before that the person2 and 7,b7 by striking good faith to and inserting the following3 8good faith-- 7,a7 directly to a needy individual2 or 7,b7 to 2 7#c7 in subsection 7e7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,federal1 ,state1 and local and inserting ,federal and ,state2 and 7,b7 in paragraph 7#b71 by striking distribution and inserting ultimate distribution to needy individuals2 7#d7 in subsection 7f71 by striking or local2 7#e7 by redesignating subsection 7f7 as subsection 7g72 and 7#f7 by inserting after subsection 7e7 the following3 7f7 ,administration ,the ,secretary of ,agriculture shall carry out this section1 including through the issuance of regulations4 4 #bjb4 ,report on food donation by retail food stores ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the recommendations of the ,secretary with respect to methods of increasing food donation by retail food stores1 as defined by the ,secretary4 #bjc4 ,use of ,commodity ,credit ,corporation funds to cover ,emergency ,food ,assistance ,program storage and distribution costs ,section #bjd of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #gejh7 is amended-- 7#a7 by striking the section heading and inserting ,funds for state storage and distribution costs2 7#b7 in subsection 7a77#a7-- 7,a7 in the first sentence1 by striking ,there are authorized to be appropriated #ajj1jjj1jjj for fiscal year #bjjh and each fiscal year thereafter1 for the ,secretary to make available to the ,states and inserting ,using funds of the ,commodity ,credit ,corporation1 the ,secretary shall make available to the ,states #ajj1jjj1jjj for fiscal year #bjaf and each fiscal year thereafter2 and 7,b7 in the second sentence1 by striking ,funds appropriated and inserting ,funds made available2 and 7#c7 in subsection 7b71 by striking appropriations made or authorized under this section and inserting amounts made available under subsection 7a77#a74 ,,iii ,schools and other ,institutions #cja4 ,establishment of the ,office of ,food ,recovery ,subtitle ,a of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fija et seq47 is amended by adding at the end the following3 #bba4 ,office of ,food ,recovery 7a7 ,establishment ,the ,secretary shall establish within the ,department an office1 to be known as the ,office of ,food ,recovery1 to coordinate ,federal programs to measure and reduce the incidence of food waste4 7b7 ,director 7#a7 ,in general ,the ,office of ,food ,recovery shall be headed by a ,director1 to be appointed by the ,secretary4 7#b7 ,duties ,the ,director of the ,office of ,food ,recovery shall-- 7,a7 support and promote ,federal programs to reduce the incidence of food waste2 and 7,b7 make recommendations with respect to reducing the incidence of food waste4 4 #cjb4 ,amendments to ,federal ,food ,donation ,act to require food donations by executive agencies and ,congress 7a7 ,purpose ,section #b of the ,federal ,food ,donation ,act of #bjjh 7,public ,law #aaj-bdg2 #db ,u4,s4,c4 #agib note7 is amended by striking encourage and inserting require4 7b7 ,definitions ,section #c of the ,federal ,food ,donation ,act of #bjjh 7,public ,law #aaj-bdg2 #db ,u4,s4,c4 #agib note7 is amended-- 7#a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,executive agency ,the term executive agency has the meaning given the term in section #acc of title #da1 ,united ,states ,code4 4 7c7 ,promoting federal food donation ,section #d of the ,federal ,food ,donation ,act of #bjjh 7#db ,u4,s4,c4 #agib7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subparagraph 7,a7 7as redesignated7 by striking ,not later than and all that follows through #be1jjj and inserting the following3 7#a7 ,requirement ,not later than #ahj days after the date of enactment of the ,food ,recovery ,act of #bjaf1 the ,federal ,acquisition ,regulation issued in accordance with section #aaba of title #da1 ,united ,states ,code1 shall be revised to provide that1 except as provided in paragraph 7#b71 all contracts of more than #aj1jjj 2 7,c7 in subparagraph 7,a7 7as redesignated71 by striking encourages and inserting requires2 and 7,d7 by adding at the end the following3 7#b7 ,exception ,paragraph 7#a7 shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the ,food ,recovery ,act of #bjaf that prohibits a donation described in paragraph 7#a77;,a74 2 and 7#b7 by adding at the end the following3 7c7 ,application to ,congress 7#a7 ,contracts ,this ,act shall apply to the ,house of ,representatives and to contracts entered into by the ,house of ,representatives1 and to the ,senate and to contracts entered into by the ,senate1 in the same manner and to the same extent as this ,act applies to an executive agency and to contracts entered into by an executive agency4 7#b7 ,administration ,for purposes of carrying out paragraph 7#a7-- 7,a7 the ,chief ,administrative ,officer of the ,house of ,representatives shall be considered the head of the ,house of ,representatives2 and 7,b7 the ,secretary of the ,senate shall be considered the head of the ,senate4 7d7 ,data2 reports 7#a7 ,data ,the head of each executive agency shall collect data on the amount of apparently wholesome food donated in accordance with this ,act4 7#b7 ,reports ,not less frequently than once every #b years1 the head of each executive agency shall submit to ,congress a report describing the data collected under paragraph 7#a74 4 7d7 ,authorization of appropriations ,the ,federal ,food ,donation ,act of #bjjh 7#db ,u4,s4,c4 #agib7 is amended by adding at the end the following3 #e4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,agriculture to carry out this ,act #aj1jjj1jjj for each fiscal year4 4 #cjc4 ,food and agriculture service learning program ,section #dac of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfcc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,subject to the availability of appropriations under subsection 7e71 the ,secretary and inserting ,the ,secretary2 and 7,b7 by striking and improve the nutritional health of children and inserting 1 improve the nutritional health and food security of children1 and raise public awareness about wasted food and the use of food recovery efforts to reduce the quantity of wasted food2 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 to raise public awareness about the consequences of wasted food and to encourage the implementation of food recovery initiatives to reduce the quantity of wasted food2 2 7#c7 in subsection 7c77#b77;,c71 by striking and where food comes from and inserting 1 where food comes from1 the consequences of food waste1 and food recovery initiatives2 and 7#d7 in subsection 7e71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,source of funds 7,a7 ,in general ,using funds of the ,commodity ,credit ,corporation1 the ,secretary shall make available to carry out the ,program #e1jjj1jjj for fiscal year #bjaf and for each fiscal year thereafter4 7,b7 ,availability ,amounts made available under subparagraph 7,a7 shall remain available until expended4 4 #cjd4 ,farm to school grant program to improve access to local foods in schools and reduce food waste ,section #ah7;g7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi7;g77#c77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a77v71 by inserting and reducing food waste at both the school and farm level before the semicolon at the end2 and 7,b7 by adding at the end the following3 7,d7 ,set-,aside for ,food ,waste ,reduction ,grants ,of the funds made available for a fiscal year for grants under this subsection1 the ,secretary shall reserve not less than #a1jjj1jjj for grants to implement farm to school programs designed to facilitate-- 7i7 the use of a school of food that would otherwise go to waste from farms2 7ii7 projects that provide farms with compostable materials from schools1 including-- 7,i7 food scraps2 and 7,,ii7 lunch trays and utensils2 and 7iii7 the installation of gardens on school grounds 7also known as edible schoolyards7-- 7,i7 to introduce students to growing1 preparing1 and eating fresh produce2 7,,ii7 to make available fresh produce on the menu of the school2 7,,iii7 to use in the gardens compost made from food scraps2 and 7,,iv7 to be integrated into the curriculum of the school4 2 and 7#b7 in paragraph 7#h77;,a7-- 7,a7 by striking ,on ,october #a1 #bjab1 and each ,october #a thereafter1 out and inserting the following3 7i7 ,transfers ,out 2 7,b7 in clause 7i7 7as so designated71 by striking subsection #e1jjj1jjj1 to remain available until expended4 and inserting the following3 8subsection-- 7,i7 #e1jjj1jjj on ,october #a1 #bjab1 and each ,october #a thereafter through ,october #a1 #bjae2 and 7,,ii7 #f1jjj1jjj on ,october #a1 #bjaf1 and each ,october #a thereafter4 2 and 7,c7 by adding at the end the following3 7ii7 ,availability ,amounts made available under clause 7i7 shall remain available until expended4 4 #cje4 ,modification of ,national ,school ,lunch ,program procurement requirements to encourage purchase of lower-price1 nonstandard size or shape produce ,section #i7;a77#d77;,c7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;a77#d77;,c77 is amended by striking clause 7ii7 and inserting the following3 7ii7 in the product specifications and practices required by clause 7i71 encourage ,state departments of agriculture and education1 school food authorities1 local educational agencies1 and local processing entities to purchase lower-price1 nonstandard size or shape produce to be used in school nutrition programs under this ,act and the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq472 and 4 ,,iv ,food ,date ,labeling #dja4 ,short title ,this title may be cited as the ,food ,date ,labeling ,act of #bjaf4 #djb4 ,findings ,congress finds the following3 7#a7 ,as of the date of enactment of this ,act1 date labeling practices on food packaging cause confusion with sell-by1 best-by1 use-by1 and best before dates1 leading up to #ij percent of individuals in the ,united ,states to occasionally throw out still-fresh food4 7#b7 ,confusion over the meaning of date labels is estimated to account for #bj percent of consumer waste of safe1 edible food1 leading to approximately #bi1jjj1jjj1jjj of wasted consumer spending each year4 7#c7 ,consumer education and standardized date labeling are the top #b most cost-effective strategies for reducing food waste1 by economic value per ton diverted4 7#d7 ,wasted food costs consumers and industry money1 squanders important natural resources that are used to grow1 process1 distribute1 and store the food supply of the ,united ,states1 and represents a missed opportunity to feed the millions of food insecure households in the ,united ,states that are struggling to access healthy1 affordable food4 #djc4 ,definitions ,in this title3 7#a7 ,administering ,secretaries ,the term administering ,secretaries means-- 7,a7 with respect to products described in paragraph 7#d77;,a71 the ,secretary2 and 7,b7 with respect to products described in paragraph 7#d77;,b71 the ,secretary of ,health and ,human ,services4 7#b7 ,food labeler ,the term food labeler means the producer1 manufacturer1 distributor1 or retailer that places a date label on food packaging of a product4 7#c7 ,quality date ,the term quality date means a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which the quality of the product may begin to deteriorate1 but may still be acceptable for consumption4 7#d7 ,ready-to-eat product ,the term ready-to-eat product means-- 7,a7 with respect to a product under the jurisdiction of the ,secretary1 a product that-- 7i7 is in a form that is edible without additional preparation to achieve food safety and may receive additional preparation for palatability or aesthetic1 epicurean1 gastronomic1 or culinary purposes2 and 7ii7 is-- 7,i7 a poultry product1 as defined in section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec72 7,,ii7 a meat food product1 as defined in section #a of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja72 or 7,,iii7 an egg product1 as defined in section #d of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc72 and 7,b7 with respect to a food 7as defined in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba77 under the jurisdiction of the ,secretary of ,health and ,human ,services-- 7i7 a food that is normally eaten in its raw state2 or 7ii7 any other food1 including a processed food1 for which it is reasonably foreseeable that the food will be eaten without further processing that would significantly minimize biological hazards4 7#e7 ,safety date ,the term safety date means a date printed on food packaging of a ready-to-eat product1 which signifies the end of the estimated period of shelf life under any stated storage conditions1 after which the product may pose a health safety risk4 #djd4 ,quality dates and safety dates 7a7 ,quality dates 7#a7 ,in general ,if a food labeler includes a quality date on food packaging1 the label shall use the uniform quality date label phrase under paragraph 7#b74 7#b7 ,uniform phrase ,the uniform quality date label phrase under this paragraph shall be best if used by1 unless and until the administering ,secretaries1 acting jointly1 specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph 7#a74 7#c7 ,option of the labeler ,the decision to include a quality date on food packaging shall be at the discretion of the food labeler4 7b7 ,safety dates 7#a7 ,in ,general ,the label of a ready-to-eat product shall include a safety date that is immediately preceded by the uniform safety date label phrase under paragraph 7#b7 if the ready-to-eat product-- 7,a7 meets the criteria described in paragraph 7#c77;,a7 and is not exempt under paragraph 7#c77;,b77ii72 or 7,b7 is listed in accordance with paragraph 7#c77;,b77i74 7#b7 ,uniform phrase ,the uniform safety date label phrase under this paragraph shall be #8expires on'1 unless and until the administering ,secretaries jointly specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph 7#a74 7#c7 ,high risk ready-to-eat products 7,a7 ,in ,general ,the administering ,secretaries1 acting jointly1 shall describe criteria that determine what ready-to-eat products may have a high level of risk associated with consumption after a certain date1 including those that may be high or very high risk for ,listeria monocytogenes or other contaminants or pathogens causing foodborne illness4 7,b7 ,additional foods2 exempt foods ,the administering ,secretaries may1 with respect to the products under the jurisdiction of the administering ,secretaries1 respectively-- 7i7 list additional ready-to-eat products that are high risk1 but do not meet the criteria described in subparagraph 7,a72 or 7ii7 exempt specific ready-to-eat products that meet the criteria described in subparagraph 7,a71 but do not actually pose a high level of risk associated with consumption after a certain date4 7,c7 ,review and updates ,not less frequently than once every #d years1 the administering ,secretaries1 acting jointly1 shall review and1 as the administering ,secretaries determine appropriate1 shall update-- 7i7 the criteria described in subparagraph 7,a72 and 7ii7 the list and exemptions described in subparagraph 7,b74 7c7 ,quality date and safety date labeling 7#a7 ,in general ,the quality date and safety date1 as applicable1 and immediately adjacent uniform quality date label phrase or safety date label phrase shall be-- 7,a7 in single easy-to-read type style using upper and lower case letters in the standard form2 7,b7 in a type size no smaller than #h point2 and 7,c7 located in a conspicuous place on the package of the food4 7#b7 ,date format ,each quality date and safety date shall be stated in terms of day and month and1 as appropriate1 year4 7d7 ,guidance ,the ,commissioner of ,food and ,drugs and the ,secretary shall establish guidance for food labelers on how to determine quality dates and safety dates for food products4 7e7 ,sale or donation after quality date ,no one shall prohibit the sale1 donation1 or use of any product after the quality date for the product has passed4 7f7 ,education ,not later than #a year after the date of enactment of this ,act1 the administering ,secretaries1 acting jointly1 shall provide consumer education and outreach on the meaning of quality date and safety date food labels4 7g7 ,rule of ,construction2 preemption 7#a7 ,rule of construction ,nothing in this section shall be construed to prohibit any ,state or political subdivision of a ,state from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the safety date4 7#b7 ,preemption ,no ,state or political subdivision of a ,state may establish or continue in effect any requirement that-- 7,a7 relates to the inclusion in food labeling of a quality date or a safety date that is different from or in addition to1 or that is otherwise not identical with1 the requirements under this section2 or 7,b7 prohibits the sale or donation of foods based on passage of the quality date4 7#c7 ,enforcement ,the administering ,secretaries1 acting jointly and in coordination with the ,federal ,trade ,commission1 shall ensure that the uniform quality date label phrase and uniform safety date label phrase are standardized across all food products4 7#d7 ,savings ,nothing in this title1 any amendment made by this title1 or any standard or requirement imposed pursuant to this title shall be construed to preempt1 displace1 or supplant any ,state or ,federal common law rights or any ,state or ,federal statute creating a remedy for civil relief1 including those for civil damage1 or a penalty for criminal conduct4 7h7 ,time temperature indicator labels ,nothing in this section shall be construed to prohibit or restrict the use of time-temperature indicator labels or similar technology that is consistent with the requirements of this title4 7i7 ,delayed applicability ,this section shall apply only with respect to food products that are labeled on or after a date that is #b years after the date of enactment of this ,act4 #dje4 ,misbranding violation for quality dates and safety dates in food labeling 7a7 ,,fda violations ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 is amended by adding at the end the following3 7z7 if its labeling is in violation of section #djd of the ,food ,date ,labeling ,act of #bjaf 7relating to quality dates and safety dates74 4 7b7 ,poultry products ,section #d7;h7 of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec7;h77 is amended-- 7#a7 in paragraph 7#aa71 by striking or at the end2 7#b7 in paragraph 7#ab71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#ac7 if it does not bear a label in accordance with section #djd of the ,food ,date ,labeling ,act of #bjaf4 4 7c7 ,meat products ,section #a7n7 of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja7n77 is amended-- 7#a7 in paragraph 7#aa71 by striking or at the end2 7#b7 in paragraph 7#ab71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#ac7 if it does not bear a label in accordance with section #djd of the ,food ,date ,labeling ,act of #bjaf4 4 7d7 ,egg products ,section #g7;b7 of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcf7;b77 is amended in the first sentence by adding before the period at the end or if it does not bear a label in accordance with section #djd of the ,food ,date ,labeling ,act of #bjaf4 #djf4 ,report to ,congress ,not later than #e years after the date of enactment of this ,act1 the administering ,secretaries1 acting jointly1 shall report to the appropriate committees of ,congress on the progress in the reduction of food waste that can be attributed to the standardization of food date labeling and consumer education required by this title and the amendments made by this title4 ,v ,consumers and ,local ,infrastructure #eja4 ,support for national media campaigns to decrease the incidence of food waste 7a7 ,in general ,the ,secretary shall support national media campaigns to decrease the incidence of food waste4 7b7 ,mandatory funding 7#a7 ,in general ,the ,secretary shall use #h1jjj1jjj of funds of the ,commodity ,credit ,corporation to carry out this section for fiscal year #bjag4 7#b7 ,availability ,funds described in paragraph 7#a7 shall remain available until expended4 #ejb4 ,increase in resources for community facilities loans directed at composting and anaerobic digestion food waste-to-energy operations ,section #cjf7;a77#a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf7;a77#a77 is amended by inserting after the first sentence the following3 #e percent of the amounts made available for each fiscal year for loans for essential community facilities under the preceding sentence shall be reserved for loans1 in accordance with subsection 7c77#b71 for municipal or county composting1 anaerobic digestion food waste-to-energy projects1 and the conversion of animal waste products into industrial products or into raw materials that can be converted into finished products other than by anaerobic digestion or the production of bioethanol through fermentation4 ,the ,secretary shall not make or insure a loan under the preceding sentence to an entity that will use the amounts under the loan for an anaerobic digester that uses solely manure as undigested biomass1 and shall give preference to loans under the preceding sentence for anaerobic digesters that use primarily nonedible food1 crop waste1 or nonedible food and crop waste as undigested biomass44 #ejc4 ,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 anaerobic digestion food waste-to-energy operations ,section #cjf of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf7 is amended by inserting after subsection 7b7 the following3 7c7 ,water or waste disposal loans and grants for projects ,to incorporate anaerobic digestion food waste-to-,energy operations in waste disposal facilities 7#a7 ,in general ,notwithstanding any other provision of law1 beginning in fiscal year #bjaf1 in addition to any other amounts available for water or waste disposal loans and grants under paragraphs 7#a7 and 7#b7 of subsection 7a71 #ej1jjj1jjj of the funds of the ,commodity ,credit ,corporation for each fiscal year shall be available for those loans and grants1 of which the ,secretary shall use-- 7,a7 #be1jjj1jjj for loans1 in accordance with paragraph 7#b71 for the adaptation of waste disposal facilities to incorporate anaerobic digestion food waste-to-energy operations2 and 7,b7 #be1jjj1jjj for grants1 in accordance with paragraph 7#b71 for the adaptation of waste disposal facilities to incorporate anaerobic digestion food waste-to-energy operations4 7#b7 ,requirements 7,a7 ,definition of hunger-serving organization ,in this paragraph1 the term hunger-serving organization means a food bank1 food pantry1 or soup kitchen 7as those terms are defined in section #bja;,a of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geja774 7,b7 ,requirements ,a loan or grant is made in accordance with this paragraph if1 before making the loan or grant1 the ,secretary has obtained from the recipient of the loan or grant-- 7i7 a written agreement entered into between the recipient and a hunger-serving organization providing that the recipient and the hunger-serving organization will work together to ensure that apparently wholesome food 7as defined in section #bb7;b7 of the ,bill ,emerson ,good ,samaritan ,food ,donation ,act 7#db ,u4,s4,c4 #agia7;b777 provided to the recipient is redistributed to the hunger-serving organization for provision to people in need of food2 and 7ii7 a written end-product recycling plan that-- 7,i7 provides for the use of the material resulting from any anaerobic digestion food waste-to-energy operation with respect to which the loan or grant is made1 in accordance with guidelines that the ,administrator of the ,environmental ,protection ,agency shall establish2 and 7,,ii7 ensures that the use of the material described in subclause 7,i7 does not create an environmental hazard4 7,c7 ,limitation ,a loan or grant under paragraph 7#a7 may not be used for an anaerobic digester that uses solely manure as undigested biomass4 7,d7 ,preference ,the ,secretary shall give preference to loans and grants under paragraph 7#a7 for anaerobic digesters that use primarily nonedible food1 crop waste1 or nonedible food and crop waste as undigested biomass4 7#c7 ,availability ,funds made available under paragraph 7#a7 shall remain available until expended4 4 #ejd4 ,grants for composting and anaerobic digestion food waste-to-energy projects 7a7 ,in general ,subtitle ,g of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #figa et seq47 is amended by adding at the end the following3 #gjaa4 ,grants for composting and anaerobic digestion food waste-to-energy projects 7a7 ,grants ,the ,administrator shall establish a grant program to award grants to ,states eligible to receive the grants under subsection 7b77#b7 to construct large-scale composting or anaerobic digestion food waste-to-energy projects4 7b7 ,eligible ,states 7#a7 ,definition of hunger-serving organization ,in this subsection1 the term hunger-serving organization means a food bank1 food pantry1 or soup kitchen 7as those terms are defined in section #bja;,a of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geja774 7#b7 ,eligibility ,in order to be eligible to receive a grant under this section1 a ,state shall-- 7,a7 limit the amount of food waste that may be disposed of in landfills in the ,state2 7,b7 enter into a written agreement with a hunger-serving organization providing that the ,state and the hunger-serving organization will work together to ensure that apparently wholesome food 7as defined in section #bb7;b7 of the ,bill ,emerson ,good ,samaritan ,food ,donation ,act 7#db ,u4,s4,c4 #agia7;b77 provided to the ,state for the project is redistributed to the hunger-serving organization for provision to people in need of food2 and 7,c7 have in place a written end-product recycling plan that-- 7i7 provides for the use of the material resulting from the project1 in accordance with guidelines that the ,administrator shall establish2 and 7ii7 ensures that the use of the material resulting from the project does not create an environmental hazard4 7#c7 ,limitation ,a grant under subsection 7a7 may not be used for an anaerobic digester that uses solely manure as undigested biomass4 7#d7 ,preference ,the ,secretary shall give preference to grants under subsection 7a7 for anaerobic digesters that use primarily nonedible food1 crop waste1 or nonedible food and crop waste as undigested biomass4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each fiscal year4 4 7b7 ,clerical amendment ,the table of contents for the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq47 is amended by inserting after the item relating to section #gjaj the following3 ,sec4 #gjaa4 ,grants for composting and anaerobic digestion food waste-to-energy projects4 4 #eje4 ,government ,accountability ,office audit 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states 7referred to in this section as the ,comptroller ,general7 shall conduct an audit to assess estimates of postharvest food loss and waste in the ,united ,states1 including estimates by the ,department of ,agriculture and other government1 academic1 and industry stakeholders4 7b7 ,requirements ,the ,comptroller ,general1 as part of the audit conducted under subsection 7a7-- 7#a7 shall-- 7,a7 assess the extent to which the estimates described in that subsection provide a valid benchmark for the amount and value of postharvest food loss and waste in the ,united ,states2 7,b7 evaluate the reliability of the data1 and the validity and accuracy of the assumptions and models1 underlying the estimates2 and 7,c7 if appropriate1 include recommendations to improve the estimates2 and 7#b7 if the ,comptroller ,general determines that the estimates described in that subsection are invalid under paragraph 7#a77;,a71 may conduct an estimate of postharvest food loss and waste in the ,united ,states4