S. 2370 — Introduced in Senate

II 118th CONGRESS 1st Session S. 2370 IN THE SENATE OF THE UNITED STATES July 19, 2023Mr. Warnock (for himself and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Bill Emerson Good Samaritan Food Donation Act to provide protection for the good faith donation of pet products, and for other purposes. 1. Short title This Act may be cited as the Bring Animals Relief and Kibble Act of 2023 or as the BARK Act of 2023. 2. Liability for pet product donations The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) is amended— (1) in subsection (b)— (A) by redesignating paragraphs (4) through (11) and (12) as paragraphs (5) through (12) and (15), respectively; (B) by inserting after paragraph (3) the following: (4) Emotional support animal The term emotional support animal means an animal that is— (A) covered by the exclusion described in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation); and (B) not a service animal. ; (C) in paragraph (5) (as so redesignated), by striking for human consumption and inserting the following: for— (A) human consumption; or (B) consumption by a pet, emotional support animal, or service animal ; (D) in paragraph (8) (as so redesignated), by inserting pet supply, after household cleaning product, ; (E) in paragraph (12) (as so redesignated), in the first sentence, by inserting pet food supplier, after farmer,; (F) by inserting after paragraph (12) (as so redesignated) the following: (13) Pet The term pet means a domesticated animal, such as a dog, cat, bird, rodent, fish, or turtle, that is kept for pleasure rather than for commercial purposes. (14) Pet supply The term pet supply means tangible personal property used for a pet, including a pet carrier, crate, kennel, house, cage, article of clothing, bedding, toy, collar, leash, lead, tie-out, feeder, bowl, dish, pet gate, and pet door. ; and (G) by adding at the end the following: (16) Service animal The term service animal has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or a successor regulation). ; and (2) in subsection (c)— (A) by redesignating paragraph (4) as paragraph (5); (B) by inserting after paragraph (3) the following: (4) Liability with respect to pets, service animals, or emotional support animals (A) Donations made A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of food described in subsection (b)(5)(B) or pet supplies that the person or gleaner donates in good faith to a nonprofit organization or State or unit of local government for direct distribution to pets, service animals, or emotional support animals. (B) Donations received A nonprofit organization or State or unit of local government shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of food described in subsection (b)(5)(B) or pet supplies that the nonprofit organization or State or unit of local government receives as a donation in good faith from a person or gleaner for direct distribution to pets, service animals, or emotional support animals. ; and (C) in paragraph (5) (as so redesignated)— (i) by striking and (3) and inserting (3), and (4); and (ii) by inserting State or local government, after gleaner,; and (3) in subsection (d), by inserting , pets, service animals, or emotional support animals after needy individuals.