THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MYERS, BELFANTI, BISHOP, BRIGGS, CARROLL, D. COSTA, P. COSTA, DeWEESE, FLECK, FRANKEL, GERGELY, GRUCELA, HALUSKA, HANNA, HENNESSEY, HORNAMAN, JOSEPHS, KORTZ, KOTIK, KULA, LONGIETTI, MAHONEY, MARKOSEK, McGEEHAN, MIRABITO, MOUL, MUNDY, MUSTIO, M. O'BRIEN, PARKER, READSHAW, SIPTROTH, M. SMITH, SONNEY, STABACK, STERN, TALLMAN, WAGNER, WATERS, WHEATLEY AND REICHLEY, DECEMBER 8, 2009

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, DECEMBER 8, 2009  

AN ACT

Providing for the Pennsylvania Agricultural Surplus System and

for powers and duties of the Department of Agriculture.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Pennsylvania

Agricultural Surplus System Act.

Section 2.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  This Commonwealth is a worldwide leader in

agricultural production and food processing.

(2)  Despite this Commonwealth's agricultural

productivity, a significant number of Pennsylvanians continue

to struggle with hunger and food insecurity and lack access

to sufficient nutritious food.

(3)  Hunger and food insecurity are harmful to the health

and well-being of Pennsylvanians, especially children and

seniors, and have a detrimental impact on urban, suburban and

rural communities throughout this Commonwealth.

(4)  Increasing the consumption of fresh fruits and

vegetables and other nutritious foods by Pennsylvanians

living in low-income households can help reduce instances of

diet-related illnesses and medical conditions, including

obesity and diabetes, and lower health care costs.

(5)  This Commonwealth is home to a network of regional

food banks, food pantries and cupboards, soup kitchens and

other private charitable food assistance providers with the

capacity to safely and efficiently distribute food to people

in need.

(6)  This network, through the Pennsylvania Association

of Regional Food Banks, has demonstrated the capacity to

administer food distribution in collaboration with the

Department of Agriculture as evidenced by the success of the

Commodity Supplemental Food Program and the PASS pilot

program.

(7)  Pennsylvania's farmers, food packers and processors

and Pennsylvanians who rely upon the network would derive

mutual benefit from the establishment of a system linking the

agricultural community with the food assistance network for

the purpose of acquiring surplus agricultural products and

distributing these products to Pennsylvania residents

challenged by hunger and food insecurity.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Association."  The Pennsylvania Association of Regional Food

Banks.

"Department."  The Department of Agriculture of the

Commonwealth.

"PASS."  The Pennsylvania Agricultural Surplus System

established under this act.

"Secretary."  The Secretary of Agriculture of the

Commonwealth.

Section 4.  PASS.

(a)  Authorization.--The department is authorized to award a

contract or contracts for the purpose of developing and

operating PASS as a safe, fast and convenient system for this

Commonwealth's food industry to donate nutritious products to

the private charitable food assistance network operating within

this Commonwealth.

(b)  Requirements.--PASS shall include the following:

(1)  Identification of sources of nutritious surplus

agricultural products available for distribution to food

banks in this Commonwealth, including a list of farmers in

this Commonwealth who have agreed to supply food products

from farms located in this Commonwealth, verifiable by the

department.

(2)  Determination of cost-effective mechanisms for

transportation of these agricultural products to maximize

freshness.

(3)  Encouragement of food donations by growers, packers

and processors through reimbursements for services needed to

prepare the donations for safe and efficient transportation

and distribution.

(4)  Distribution of these donated nutritious surplus

agricultural products to needy or low-income individuals and

families by the member organizations of the association using

a formula for the equitable distribution of donated products

identical to the formula used in the administration of the

State Food Purchase Program. The department shall maintain a

list of members of the association eligible for participation

in the distribution of donated products.

(5)  Administration by the association.

(6)  Oversight by the department.

(7)  An annual report to the secretary by the association

providing detailed information on the sources, types and

pounds of product donated, the distribution of these products

and the number of households served by the distributions.

Section 5.  Administration and contracting.

Funds appropriated for PASS may be used for the

administrative purposes of PASS, including contracting with the

association to carry out the provisions of this act.

Section 6.  Regulations.

The department shall promulgate regulations as it deems

necessary to carry out the purposes of this act.

Section 7.  Funding.

PASS shall acquire and distribute Pennsylvania food products

to the extent funds are made available by the General Assembly.

Section 8.  Effective date.

This act shall take effect in 60 days.