SENATE AMENDED

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, REICHLEY AND STURLA, DECEMBER 8, 2009

SENATOR BRUBAKER, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS AMENDED, SEPTEMBER 20, 2010   

AN ACT

Providing for the Pennsylvania Agricultural Surplus System, for

powers and duties of the Department of Agriculture and for

the distribution and utilization of wildlife; and preempting

certain municipal ordinances.

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

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of Regional Food Banks, of charitable food organizations has

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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 and other agricultural

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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:

"Agricultural products."  Any fowl, animal, vegetable or

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other stuff, product or article which is customary food or which

is proper food for human beings. The term shall include wildlife

or portions thereof. The term shall specifically exclude canned

goods that are rusted, leaking or swollen or canned goods that

are defective or cannot, for health reasons, otherwise be

offered for sale to members of the general public.

"Association."  An association of regional food banks based

in this Commonwealth selected by the department to assist with

PASS.

"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.

"Wildlife."  As defined in 34 Pa.C.S. § 102 (relating to

definitions) and taken by lawful hunting in accordance with 34

Pa.C.S. (relating to game) and 58 Pa. Code (relating to

recreation).

Section 4.  PASS.

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

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contract or contracts for the purpose of developing and

operating PASS as a safe, fast and convenient shall develop and

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operate PASS as a system for this Commonwealth's food industry

to donate nutritious products to the private charitable food

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assistance network operating within this Commonwealth, sell or

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otherwise provide food products to the charitable food

organizations in existence within this Commonwealth. The

department may contract with a private charitable food

assistance network operating within this Commonwealth to carry

out the provisions of this act.

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

(1)  Identification of sources of nutritious surplus

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agricultural food products available for distribution to food

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banks charitable food organizations in this Commonwealth,

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including a list of farmers in this Commonwealth who have

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agreed to supply food products from farms located in this

Commonwealth, verifiable by the department.

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(2)  Determination of cost-effective mechanisms for

transportation of these agricultural products to maximize

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freshness food products.

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(3)  Encouragement of food donations by growers, packers

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and processors through reimbursements for services needed to

prepare the donations for safe and efficient transportation

and distribution. Incentives for growers, packers, processors

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and other entities in the food industry located in this

Commonwealth to donate, sell or otherwise provide food

products, including reimbursement for services provided.

(4)  Distribution of these donated nutritious surplus

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agricultural food products to needy or low-income individuals

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and families by the member organizations of the association

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using a formula for the equitable distribution of donated

products identical to. Food products shall be distributed in

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accordance with the formula used in the administration of the

State Food Purchase Program. The department shall maintain a

list of members of the association charitable food

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organizations eligible for participation in the distribution

of donated food products.

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(5)  Administration by the association.

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(6)  Oversight by the department.

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

(5)  An annual report delivered to the chairman and

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minority chairman of the Agriculture and Rural Affairs

Committee of the Senate and the chairman and minority

chairman of the Agriculture and Rural Affairs Committee of

the House of Representatives providing detailed information

on the sources, types and pounds of product donated food, the

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distribution of these food products and the number of

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households served by the distributions.

Section 5.  Administration and contracting.

Funds appropriated for PASS may be used for the 

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administrative purposes of PASS, including contracting with the

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association an organization to carry out the provisions of this

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act; provided, however, that not more than 15% may be used for

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administrative purposes.

Section 6.  Regulations.

(a)  General rule.--The department shall promulgate

regulations as it deems necessary to carry out the purposes of

this act.

(b)  Preemption.--The provisions of this act, section 5.1 of

the act of July 10, 1981 (P.L.234, No.76), known as the Donated

Food Limited Liability Act, and the regulations promulgated

under that act and this act shall supersede and preempt any law,

ordinance, rule or regulation requiring a postmortem inspection

by a licensed veterinarian or veterinarian's designee of

wildlife donated, distributed and used as food.

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.