Act of Nov. 23, 2010, P.L. 1134, No. 113             Cl. 03
                                  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 of charitable food organizations 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 and other 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:
        "Department."  The Department of Agriculture of the
        "PASS."  The Pennsylvania Agricultural Surplus System
     established under this act.
        "Secretary."  The Secretary of Agriculture of the
        "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
     Section 4.  PASS.
        (a)  Authorization.--The department shall develop and operate
     PASS as a system for this Commonwealth's food industry to
     donate, sell or 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 food products available
        for distribution to charitable food organizations in this
        Commonwealth, including a list of farmers who have agreed to
        supply food products from farms located in this Commonwealth.
            (2)  Determination of cost-effective mechanisms for
        transportation of food products.
            (3)  Incentives for growers, packers, processors 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 food products to needy or low-income
        individuals and families. Food products shall be distributed
        in accordance with the formula used in the administration of
        the State Food Purchase Program. The department shall
        maintain a list of charitable food organizations eligible for
        participation in the distribution of food products.
            (5)  An annual report delivered to the chairman and
        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 food, the distribution of
        food products and the number of households served by the
     Section 5.  Administration and contracting.
        Funds appropriated for PASS may be used for administrative
     purposes, including contracting with an organization to carry
     out the provisions of this act; provided, however, that not more
     than 15% may be used for 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.