,,ii #aaeth ,,congress #ast ,session ,s4 #afhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjag ,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 #bjag4 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 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 ,food ,recovery ,liaison4 ,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 ,modification of ,national ,school ,lunch ,program procurement requirements to encourage purchase of lower-price1 nonstandard-size or -shape produce4 ,sec4 #cje4 ,farm to school grant program to improve access to local foods in schools and reduce food waste4 ,,title ,,iv--,food date labeling ,sec4 #dja4 ,definitions4 ,sec4 #djb4 ,quality dates and safety dates4 ,sec4 #djc4 ,misbranding violation for quality dates and safety dates in food labeling4 ,sec4 #djd4 ,regulations and guidance4 ,sec4 #dje4 ,delayed applicability4 ,sec4 #djf4 ,report to ,congress4 ,,title ,v--,consumers and local infrastructure ,sec4 #eja4 ,support for national media campaigns to decrease 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 food waste management infrastructure4 ,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 relating to installation of anaerobic digesters ,in the case of a loan guarantee or grant provided under this subsection to an agricultural producer or rural small business to support the installation of an anaerobic digester that will use food waste in addition to manure to produce renewable energy1 the ,secretary shall obtain from the recipient of the loan guarantee or grant-- 7,a7 a written commitment that the recipient has read and agrees to comply with the ,food ,recovery ,hierarchy of the ,environmental ,protection ,agency1 particularly as applied to apparently wholesome food 7as defined in section #bb7;b7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agia7;b777 that may be provided to1 or received by1 the recipient2 and 7,b7 a written end-product recycling plan that provides for the beneficial use of the material resulting from the anaerobic digester1 in a manner that meets all applicable ,federal1 ,state1 and local laws safeguarding human health and the environment4 4 7b7 ,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 through #bjah2 and2 and 7#c7 by adding at the end the following3 7,f7 #gj1jjj1jjj for fiscal year #bjai and each fiscal year thereafter1 of which not less than #bj1jjj1jjj shall be reserved for use for loan guarantees and grants described in subsection 7c77#e74 4 #ajb4 ,farm storage facility loan program ,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 marketing and other means to reduce food waste14 #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 7including an activity that does not require the use of a composting facility7 to produce compost from organic waste that is-- 7i7 generated on a farm2 or 7ii7 brought to a farm from the nearby community2 and 7,b7 the use of compost on a farm to improve water retention and soil health1 subject to the condition that such a use shall be in compliance with applicable ,federal1 ,state1 and local laws4 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 7d7 ,delivery of technical assistance ,section #abdb7;h7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdb7;h77 is amended by adding at the end the following3 7#d7 ,development of composting practice standard ,in addition to conducting a review of any composting facilities practice standard under this subsection1 the ,secretary shall develop and implement a composting practice standard4 4 #ajd4 ,study and report on methods to decrease 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 regarding-- 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 7a7 ,in general ,the ,bill ,emerson ,good ,samaritan ,food ,donation ,act 7#db ,u4,s4,c4 #agia7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking quality and labeling and inserting safety and safety-related labeling2 and 7ii7 by inserting passage of a date on a date label1 after surplus12 7,b7 in paragraph 7#b7-- 7i7 by striking quality and labeling and inserting safety and safety-related labeling2 and 7ii7 by inserting passage of a date on a date label1 after surplus12 7,c7 in paragraph 7#c71 by striking not required to give anything of monetary value and inserting not required to give anything of monetary value or charged a good ,samaritan reduced price2 7,d7 by redesignating paragraphs 7#f71 7#g71 7#h71 7#i71 and 7#aj7 as paragraphs 7#g71 7#h71 7#i71 7#aj71 and 7#aa71 respectively2 and 7,e7 by inserting after paragraph 7#e7 the following3 7#f7 ,good samaritan reduced price ,the term good ,samaritan reduced price means the price of an apparently wholesome food or an apparently fit grocery product that is an amount not greater than the cost of handling1 administering1 and distributing the apparently wholesome food or apparently fit grocery product4 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by inserting or sells at a good ,samaritan reduced price after donates in good faith2 7,b7 in paragraph 7#b71 by inserting or from a sale at a good ,samaritan reduced price after donation in good faith2 7,c7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 ,direct donations to needy individuals 7,a7 ,in general ,a qualified direct donor described in subparagraph 7,b7 shall not be subject to civil or criminal liability arising from the nature1 age1 packaging1 or condition of apparently wholesome food or an apparently fit grocery product that the qualified direct donor donates in good faith or sells at a good ,samaritan reduced price to a needy individual4 7,b7 ,qualified direct donor described ,a qualified direct donor referred to in subparagraph 7,a7 is a retail grocer1 wholesaler1 agricultural producer1 restaurant1 caterer1 school food authority1 or institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb774 2 and 7,e7 in paragraph 7#d7 7as redesignated by subparagraph 7,c771 by striking ,paragraphs 7#a7 and 7#b7 and inserting ,paragraphs 7#a71 7#b71 and 7#c74 7b7 ,regulations2 guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 in consultation with the ,secretary of ,health and ,human ,services1 issue regulations with respect to the safety and safety-related labeling standards of an apparently wholesome food and an apparently fit grocery product under the ,bill ,emerson ,good ,samaritan ,food ,donation ,act 7#db ,u4,s4,c4 #agia7 7as amended by subsection 7a772 7#b7 promote awareness of food donation under that ,act 7as amended by subsection 7a772 and 7#c7 issue guidance with respect to the amendments made by subsection 7a74 #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 designation and heading and all that follows through available to the ,states in the first sentence of subsection 7a77#a7 and inserting the following3 #bjd4 ,funds for ,state storage and distribution costs 7a7 ,authorization 7#a7 ,processing1 storage1 transport1 and distribution 7,a7 ,in general ,using funds of the ,commodity ,credit ,corporation1 the ,secretary shall make available to the ,states #ajj1jjj1jjj for fiscal year #bjah and each fiscal year thereafter 2 7#b7 in subsection 7a77#a7-- 7,a7 in the second sentence1 by striking ,funds appropriated and inserting the following3 7,b7 ,method of allocation ,funds made available 2 and 7,b7 in the third sentence1 by striking ,if a ,state and inserting the following3 7,c7 ,unused funds ,if a ,state 2 and 7#c7 in subsection 7b7-- 7,a7 by striking 7b7 ,the value and inserting the following3 7b7 ,treatment ,the value 2 and 7,b7 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 ,food ,recovery ,liaison ,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 ,food ,recovery ,liaison 7a7 ,establishment ,the ,secretary shall establish within the ,office of the ,secretary a ,food ,recovery ,liaison to coordinate ,federal programs to measure and reduce the incidence of food waste in accordance with this section4 7b7 ,duties ,the ,food ,recovery ,liaison shall-- 7#a7 coordinate food waste reduction efforts with other ,federal agencies1 including-- 7,a7 the ,environmental ,protection ,agency2 and 7,b7 the ,food and ,drug ,administration2 7#b7 support and promote ,federal programs to measure and reduce the incidence of food waste2 7#c7 provide information to1 and serve as a resource for1 entities engaged in food recovery concerning the availability of1 and eligibility requirements for1 participation in ,federal programs2 7#d7 raise awareness of food recovery issues in interactions with employees of the ,department2 and 7#e7 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 the subparagraphs appropriately2 7,b7 in the matter preceding subparagraph 7,a7 7as so redesignated71 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 #bjag1 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 so 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 #bjag 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 to be the head of the ,house of ,representatives2 and 7,b7 the ,secretary of the ,senate shall be considered to be the head of the ,senate4 7d7 ,data2 reports 7#a7 ,data ,the head of each executive agency shall collect data on the quantity 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 7b77#d71 by inserting to promote agricultural education1 to raise awareness regarding the consequences of wasted food1 and to encourage the implementation of food recovery initiatives to reduce the quantity of wasted food before the semicolon2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 by striking and where food comes from2 and and inserting 1 where food comes from1 the consequences of food waste1 and food recovery initiatives22 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,e7 have the capacity to carry out national or regional projects that include #b or more ,states4 2 and 7,b7 by adding at the end the following3 7#c7 ,reservation ,the majority of the funds made available to carry out this subsection shall be reserved for projects that-- 7,a7 are larger in scale as compared to other proposed projects2 7,b7 are national or regional in scope2 and 7,c7 include #b or more ,states4 2 and 7#c7 in subsection 7e77#a71 by striking #be1jjj1jjj1 to remain available until expended and inserting #e1jjj1jjj for each of fiscal years #bjah through #bjbb4 #cjd4 ,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 under 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 #cje4 ,farm to school grant program to improve access to local foods in schools and reduce food waste ,section #ah7;g77#c7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi7;g77#c77 is amended-- 7#a7 in subparagraph 7,a77v71 by inserting and reducing food waste at both the school and farm levels before the semicolon at the end2 and 7#b7 by adding at the end the following3 7,d7 ,priority for projects with food waste plans ,in making awards under this subsection1 the ,secretary shall give priority to eligible schools that have in effect a plan to reduce or recover food waste4 4 ,,iv ,food date labeling #dja4 ,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 the product remains apparently wholesome food 7as defined in section #bb7;b7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agia7;b7774 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 product 7as defined in section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec772 7,,ii7 a meat food product 7as defined in section #a of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja772 or 7,,iii7 an egg product 7as defined in section #d of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc772 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 high-risk 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 #djb4 ,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 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 that meets the criteria established under paragraph 7#c77;,a7 shall include a safety date determined under paragraph 7#c77;,b7 that is immediately preceded by the uniform safety date label phrase under paragraph 7#b74 7#b7 ,uniform phrase ,the uniform safety date label phrase under this paragraph shall be ,,use ,by1 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 ,the administering ,secretaries1 acting jointly1 shall issue guidance-- 7,a7 establishing criteria for determining the conditions under which ready-to-eat products may have a high level of risk associated with consumption after a certain date2 and 7,b7 for determining safety dates for high-risk ready-to-eat products described in subparagraph 7,a74 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 style2 and 7,b7 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 7#c7 ,abbreviations ,a food labeler may use a standard abbreviation of ,,bb and ,,ub for the quality date and safety date1 respectively1 only if the food packaging is too small to include the uniform phrase described in subsection 7a77#b7 or 7b77#b71 as applicable4 7#d7 ,freeze by ,a food labeler may add or ,freeze ,by following a quality date or safety date uniform phrase described in subsection 7a77#b7 or 7b77#b71 as applicable4 7d7 ,sale or donation after quality date ,the sale1 donation1 or use of any product shall not be prohibited based on passage of the quality date of the product4 7e7 ,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 7f7 ,rule of construction2 preemption 7#a7 ,rule of construction ,nothing in this section prohibits 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 ,act1 any amendment made by this ,act1 or any standard or requirement imposed pursuant to this ,act preempts1 displaces1 or supplants 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 7g7 ,time temperature indicator labels ,nothing in this section prohibits or restricts the use of time-temperature indicator labels or similar technology that is consistent with the requirements of this ,act4 #djc4 ,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 #djb of the ,food ,recovery ,act of #bjag 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 #djb of the ,food ,recovery ,act of #bjag4 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 #djb of the ,food ,recovery ,act of #bjag4 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 #djb of the ,food ,recovery ,act of #bjag4 #djd4 ,regulations and guidance 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the administering ,secretaries1 acting jointly1 shall-- 7#a7 promulgate final regulations for carrying out this title and the amendments made by this title 7other than section #djb7;b77#c772 and 7#b7 issue the guidance required by section #djb7;b77#c74 7b7 ,updates to guidance ,not less frequently than once every #d years1 the administering ,secretaries1 acting jointly1 shall review and1 as the administering ,secretaries determine to be appropriate1 update the guidance required by section #djb7;b77#c74 #dje4 ,delayed applicability ,this title and the amendments made by this title shall apply only with respect to food products that are labeled on or after the date that is #b years after the date on which final regulations are promulgated under section #djd7;a77#a74 #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 rates of compliance of food labelers with the food date labeling requirements under this title and the amendments made by this title4 ,v ,consumers and local infrastructure #eja4 ,support for national media campaigns to decrease 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 #bjah4 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 #bjag1 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 ,in general ,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 commitment that the recipient has read and agrees to comply with the ,food ,recovery ,hierarchy of the ,environmental ,protection ,agency1 particularly as applied to apparently wholesome food 7as defined in section #bb7;b7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agia7;b777 that may be provided to or received by the recipient2 and 7ii7 a written end-product recycling plan that provides for the beneficial 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 a manner that meets all applicable ,federal1 ,state1 and local laws that protect human health and the environment4 7,b7 ,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,c7 ,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 food waste management infrastructure 7a7 ,grants 7#a7 ,in general ,the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall establish a program under which the ,secretary shall provide grants to reduce food waste in accordance with the ,food ,recovery ,hierarchy of the ,environmental ,protection ,agency 7or a successor document71 including for-- 7,a7 the development and implementation of a ,state organic waste reduction plan2 7,b7 food waste prevention and food rescue infrastructure facilities1 including storage1 handling1 and transportation facilities2 or 7,c7 subject to paragraph 7#c71 large-scale composting or anaerobic digestion food waste-to-energy projects1 excluding landfills4 7#b7 ,preferences ,in providing grants under paragraph 7#a71 the ,secretary shall give preference to projects-- 7,a7 7i7 for the purpose described in paragraph 7#a77;,a72 or 7ii7 that are consistent with a ,state organic waste reduction plan2 and 7,b7 in the case of a project for the purpose described in paragraph 7#a77;,c71 that use food scraps as undigested biomass4 7#c7 ,requirement for food waste-to-energy projects ,to receive a grant under paragraph 7#a77;,c71 a large-scale composting or anaerobic digestion food waste-to-energy project shall have in effect a written end-product recycling plan that-- 7,a7 provides for the use of the material resulting from the project1 in accordance with guidelines that the ,administrator of the ,environmental ,protection ,agency shall establish2 and 7,b7 ensures that the use of the material resulting from the project does not create an environmental hazard4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each fiscal year4 #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