119-s1939

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1939 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1939

 To provide protections for good faith donations of pet food and 
 supplies.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 4, 2025

Mr. Warnock (for himself and Mr. Tillis) introduced the following bill; 
 which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To provide protections for good faith donations of pet food and 
 supplies.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Bring Animals Relief and Kibble Act 
of 2025'' or the ``BARK Act of 2025''.

SEC. 2. PROTECTIONS FOR GOOD FAITH DONATIONS OF PET FOOD AND SUPPLIES.

    (a) 

=== Definitions. ===
-In this section:

    (1) Apparently fit pet-related product.--The term 
 ``apparently fit pet-related product'' means any pet food or 
 pet supply that meets all quality and labeling standards 
 imposed by Federal, State, and local laws and regulations even 
 though the product may not be readily marketable due to 
 appearance, age, freshness, grade, size, surplus, or other 
 condition.

    (2) Bill emerson good samaritan food donation act terms.--
 The terms ``donate'', ``gross negligence'', ``intentional 
 misconduct'', ``nonprofit organization'', and ``person'' have 
 the meanings given those terms in subsection

    (b) of the Bill 
 Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791

    (b) ).

    (3) Emotional support animal.--The term ``emotional support 
 animal'' means an animal that--
        (A) is covered by the exclusions in 

section 5.303 
 of title 24, Code of Federal Regulations (or successor 
 regulation); and
        (B) is not a service animal.

    (4) Pet.--The term ``pet'' means a domesticated animal, 
 such as a dog, cat, bird, rodent, fish, turtle, or other 
 animal, that is kept for pleasure rather than for commercial 
 purposes.

    (5) Pet food.--The term ``pet food'' means any raw, cooked, 
 processed, or prepared edible substance, ice, beverage, or 
 ingredient used or intended for use in whole or in part for 
 consumption by a qualified animal.

    (6) Pet supply.--The term ``pet supply'' means tangible 
 personal property used for a qualified animal, including pet 
 carriers, crates, kennels, houses, cages, clothing, bedding, 
 toys, collars, leashes, leads, tie-outs, feeders, bowls, 
 dishes, pet gates, or pet doors.

    (7) Qualified animal.--The term ``qualified animal'' 
 means--
        (A) a pet;
        (B) an emotional support animal; and
            (C) a service animal.

    (8) Service animal.--The term ``service animal'' has the 
 meaning given the term in 

section 36.104 of title 28, Code of 
 Federal Regulations (or successor regulation).

    (b) Liability.--

    (1) Persons.--A person shall not be subject to civil or 
 criminal liability arising from the nature, age, packaging, or 
 condition of an apparently fit pet-related product that the 
 person donates in good faith to a State or unit of local 
 government or a nonprofit organization for ultimate 
 distribution to qualified animals.

    (2) Nonprofit organizations.--A nonprofit organization 
 shall not be subject to civil or criminal liability arising 
 from the nature, age, packaging, or condition of an apparently 
 fit pet-related product that the nonprofit organization 
 received as a donation from a person in good faith for ultimate 
 distribution to qualified animals.

    (3) State and local governments.--A State or unit of local 
 government shall not be subject to liability arising from the 
 nature, age, packaging, or condition of an apparently fit pet-
 related product that the State or unit of local government 
 received as a donation from a person in good faith for ultimate 
 distribution to qualified animals.

    (4) Waiver not applicable to gross negligence or 
 intentional misconduct.--Paragraphs

    (1) ,

    (2) , and

    (3) shall not 
 apply to an injury to, or the death of, an ultimate user or 
 recipient of an apparently fit pet-related product that results 
 from an act or omission of the person, nonprofit organization, 
 or State or unit of local government, as applicable, 
 constituting gross negligence or intentional misconduct.
            (c) Partial Compliance.--If a person donates, in good faith, pet 
food or pet supplies that do not meet all quality and labeling 
standards imposed by Federal, State, and local laws and regulations, 
that person shall not be subject to civil or criminal liability in 
accordance with this section if the State or unit of local government 
or nonprofit organization to which the food or supplies are donated--

    (1) is informed by that person of the distressed or 
 defective condition of the pet food or pet supplies;

    (2) agrees to recondition the pet food or pet supplies to 
 comply with applicable quality and labeling standards prior to 
 distribution; and

    (3) is knowledgeable of the applicable quality and labeling 
 standards to properly recondition the pet food or pet supplies.
            (d) Rule of Construction.--Nothing in this section shall--

    (1) create any liability; or

    (2) supercede any State or local health regulations.
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