S. 1939

119 S1939 IS: Bring Animals Relief and Kibble Act of 2025
 U.S. Senate
 2025-06-04
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1939  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.
1.
Short title
This Act may be cited as the   Bring Animals Relief and Kibble Act of 2025   or the   BARK Act of 2025  .
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.