119-s835

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 835

 To amend the Agricultural Marketing Act of 1946 to establish a 
 voluntary program to reduce food loss and waste, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 4, 2025

 Mr. Durbin (for himself and Mr. Grassley) introduced the following 
 bill; which was read twice and referred to the Committee on 
 Agriculture, Nutrition, and Forestry

_______________________________________________________________________

 A BILL

 To amend the Agricultural Marketing Act of 1946 to establish a 
 voluntary program to reduce food loss and waste, and for other 
 purposes.

 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 ``Reduce Food Loss and Waste Act of 
2025''.

SEC. 2. FOOD LOSS AND WASTE CERTIFICATION PROGRAM.

 Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 
et seq.) is amended by adding at the end the following:

``

SEC. 210B. FOOD LOSS AND WASTE CERTIFICATION PROGRAM.

 ``

    (a) 

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

    (1) Apparently wholesome food.--The term `apparently 
 wholesome food' has the meaning given the term in subsection

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

    (b) ).
 ``

    (2) Certified participant.--The term `certified 
 participant' means an eligible participant that has been 
 certified under subsection
            (d) .
 ``

    (3) Eligible participant.--The term `eligible 
 participant' means--
 ``
        (A) a contractor that has entered into a contract 
 with an executive agency, the Senate, or the House of 
 Representatives for the provision, service, or sale of 
 food in the United States;
 ``
        (B) a State, local, municipal, or Tribal 
 government;
 ``
            (C) a corporation, partnership, organization, or 
 association;
 ``
            (D) a farm or a food producer, manufacturer, 
 processor, holder, or packer;
 ``
        (E) a retail grocer;
 ``
        (F) a restaurant or similar food service 
 establishment;
 ``
        (G) an institution of higher education or a 
 consortium of those institutions; or
 ``
        (H) a primary or secondary school or a consortium 
 of those institutions.
 ``

    (4) Excess.--The term `excess', with respect to food, 
 means that the food would otherwise be discarded.
 ``

    (5) Food.--The term `food' means food (as defined in 
 

section 201 of the Federal Food, Drug, and Cosmetic Act (21 
 U.S.C. 321)) that is intended for human consumption.
 ``

    (6) Program.--The term `program' means the Food Loss and 
 Waste Reduction Certification Program established under 
 subsection

    (b) .
 ``

    (7) Secretary.--The term `Secretary' means the Secretary 
 of Agriculture.
 ``

    (b) Establishment.--The Secretary shall establish a voluntary 
program, to be known as the `Food Loss and Waste Reduction 
Certification Program'--
 ``

    (1) to certify eligible participants in accordance with 
 subsection
            (d) ; and
 ``

    (2) to promote certified participants in accordance with 
 subsection

    (e) .
 ``
            (c) === Purposes ===
-The purposes of the program are--
 ``

    (1) to reduce food loss and waste;
 ``

    (2) to increase donations of excess, apparently wholesome 
 food to nonprofit organizations that provide food assistance to 
 individuals in need; and
 ``

    (3) to increase the use of alternative disposal methods 
 for food, such as redirection to animal feed, anaerobic 
 digestion, and composting.
 ``
            (d) Certification.--
 ``

    (1) Criteria.--
 ``
        (A) In general.--
 ``
            (i) Establishment and publication.--Not 
 later than 18 months after the date of 
 enactment of the Reduce Food Loss and Waste Act 
 of 2025, the Secretary shall establish and 
 publish in the Federal Register criteria for 
 the certification of an eligible participant 
 under the program.
 ``
            (ii) Inclusions.--Criteria described in 
 clause
            (i) shall include the submission to a 
 third-party certifier accredited under 
 paragraph

    (3) of documentation from 12 
 consecutive months on the quantity of food that 
 the eligible participant--
 ``
            (I) has donated to nonprofit 
 organizations that provide food 
 assistance for individuals in need; or
 ``
            (II) has sent to be disposed of.
 ``
        (B) Stakeholder input.--The Secretary shall 
 solicit comments from interested parties prior to the 
 establishment or revision of the criteria described in 
 subparagraph
        (A) .
 ``
            (C) Revisions.--
 ``
            (i) In general.--The Secretary shall 
 revise the criteria described in subparagraph
        (A) on a periodic basis.
 ``
            (ii) Publication.--The Secretary shall 
 publish in the Federal Register criteria 
 revised under clause
            (i) not later than 270 
 days before the effective date of the revised 
 criteria, including an explanation of the 
 revisions.
 ``

    (2) Accreditation bodies.--
 ``
        (A) In general.--Not later than 18 months after 
 the date of enactment of the Reduce Food Loss and Waste 
 Act of 2025, the Secretary shall establish a process to 
 recognize accreditation bodies to accredit third-party 
 certifiers under paragraph

    (3)
        (A) .
 ``
        (B) Standards.--The Secretary shall recognize an 
 accreditation body under subparagraph
        (A) if the 
 accreditation body meets such standards as the 
 Secretary shall establish.
 ``

    (3) Third-party certifiers.--
 ``
        (A) In general.--Not later than 18 months after 
 the date of enactment of the Reduce Food Loss and Waste 
 Act of 2025, the Secretary shall establish a process 
 for accreditation bodies recognized under paragraph

    (2) to accredit third-party certifiers to review and 
 certify eligible participants under the program.
 ``
        (B) Standards.--An accreditation body recognized 
 under paragraph

    (2) shall accredit a third-party 
 certifier under subparagraph
        (A) if the third-party 
 certifier meets such standards as the Secretary shall 
 establish.
 ``
            (C) Preference.--In accrediting third-party 
 certifiers under subparagraph
        (A) , an accreditation 
 body recognized under paragraph

    (2) shall give 
 preference to institutions of higher education that 
 have expertise in food loss and waste reduction.
 ``
            (D) Certification.--A third-party certifier 
 accredited under subparagraph
        (A) shall review and 
 certify an eligible participant under the program if 
 the eligible participant meets the criteria established 
 under paragraph

    (1) .
 ``

    (4) Publication.--The Secretary shall maintain on a 
 publicly available website of the Department of Agriculture--
 ``
        (A) a list of accreditation bodies recognized 
 under paragraph

    (2) ; and
 ``
        (B) a list of third-party certifiers accredited 
 under paragraph

    (3) .
 ``

    (e) Promotion.--
 ``

    (1) In general.--The Secretary shall promote a certified 
 participant under the program, including through--
 ``
        (A) voluntary labeling established under 
 paragraph

    (2) ; and
 ``
        (B) such other communications as the Secretary 
 determines to be appropriate relating to the products, 
 buildings, practices, and policies of the certified 
 participant, such as--
 ``
            (i) publication on the website of the 
 Department of Agriculture of information 
 relating to the certified participant; and
 ``
            (ii) holding events to promote the 
 certified participant or otherwise relating to 
 the program.
 ``

    (2) Voluntary labeling.--The Secretary shall establish 1 
 or more voluntary labels that indicate that a certified 
 participant is certified under the program.
 ``

    (f) Interagency Coordination.--The Secretary shall carry out this 
section in coordination with the Commissioner of Food and Drugs and the 
Administrator of the Environmental Protection Agency, in accordance 
with the memorandum of understanding revised under 

section 3 of the 
Reduce Food Loss and Waste Act of 2025.
 ``

    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, including for the hiring of 
additional personnel, $3,000,000 for each of fiscal years 2026 through 
2030, to remain available until expended.''.

SEC. 3. MEMORANDUM OF UNDERSTANDING.

 The Secretary of Agriculture, the Commissioner of Food and Drugs, 
and the Administrator of the Environmental Protection Agency shall 
revise, in accordance with 

section 210B of the Agricultural Marketing 
Act of 1946 (as added by 

section 2), the agreement signed on December 
17, 2020, relating to cooperation and coordination on food loss and 
waste.
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