Changes to Existing Law

26.994.9 26.994.10 101st Legislative Session SCR608 2026 South Dakota Legislature Senate Concurrent Resolution 608 SENATE ENGROSSED Introduced by: Senator Smith Underscores indicate new language. Overstrikes indicate deleted language. A CONCURRENT RESOLUTION urging action collaboration to reduce hunger and food waste 1 in this 1 state. state under the protections of the 1996 Bill Emerson Good Samaritan 2 Food Donation Act. 3 WHEREAS, currently, disruptions in government assistance programs have increased 3 4 hunger and the need for further assistance from other sectors; and 4 5 WHEREAS, for some individuals and families, the likelihood of experiencing food insecurity 6 has grown significantly and continues to increase, as one out of eight people and one out of 7 six children faced food insecurity in 2025; and 8 WHEREAS, restaurants, grocery stores, and other food service establishments dispose of 5 9 food every day; day, with 35 percent of all usable food ending up in landfills; and 6 10 WHEREAS, the disposed food is often perfectly safe, edible, and wholesome; and 7 11 WHEREAS, the Bill Emerson Good Samaritan Food Donation Act (42 of 1996, 42 U.S.C. § 1791) 8 1791 12 (January 1, 2026), protects food donors from liability and encourages food donations to 13 nonprofit organizations; 9 and 10 14 WHEREAS, because of these legislative efforts, individuals who strive to do the right thing 15 by donating food to those who are less fortunate are guaranteed a level of protection from 16 liability; and 17 WHEREAS, these liability protections provide individuals comfort when donating food items 18 to nonprofit organizations that are better equipped to collect, process, and distribute the items 19 to members of the community; and 20 WHEREAS, these legislative measures allow for an ongoing and increasing tax incentive 21 of $1.97 per pound, based on agreed amounts set by the federal government and Feeding 22 America; and 23 26.994.10 2 SCR608 Underscores indicate new language. Overstrikes indicate deleted language. WHEREAS, many nonprofit organizations across the state and in our densest population 1 centers 11 already work to rescue food waste and distribute it to those in need; and 12 2 WHEREAS, these nonprofit organizations not only provide necessary food items and goods 3 through charitable acts, but they also ease the Legislature financial and mental strains of those 4 experiencing food insecurity; and 5 WHEREAS, while many nonprofit organizations are capable of providing assistance and 6 food to communities, the need for food is in excess of the supply; and 7 WHEREAS, in South Dakota, more than 110,000 people face hunger, including nearly 8 40,000 children, which means this state has a responsibility to make sure that food insecurity rate of more than 22 percent 9 for the government does 13 not stand overall population and 30 percent for children; and 10 WHEREAS, South Dakota food banks have reported a significant increase in the way of the private sector's efficient allocation of resources; demand 11 for food assistance in their respective communities; and 14 12 WHEREAS, restaurants and other food service establishments can collaborate with 15 13 community service providers to ensure that excess food can help feed the hungry at no 16 14 additional cost to the restaurant or food service establishment; 17 15 NOW, THEREFORE, BE IT RESOLVED, by the Senate of the One Hundred First Legislature 18 16 of the State of South Dakota, the House of Representatives concurring therein, that 19 17 community service providers and food service establishments are urged to collaborate collaborate, under 18 the protections provided by the Bill Emerson Good Samaritan Food Donation Act of 1996, to 20 19 prevent food waste and reduce rates of hunger in South Dakota. 21 20

26.994.10 26.994.11 101st Legislative Session SCR608 2026 South Dakota Legislature Senate Concurrent Resolution 608 SENATE ENGROSSED Introduced by: Senator Smith Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT A CONCURRENT RESOLUTION urging collaboration to reduce hunger and food waste 1 in this state under the protections of the 1996 Bill Emerson Good Samaritan 2 Food Donation Act. 3 WHEREAS, currently, disruptions in government assistance programs have increased 4 hunger and the need for further assistance from other sectors; and 5 WHEREAS, for some individuals and families, the likelihood of experiencing food insecurity 6 has grown significantly and continues to increase, as one out of eight people and one out of 7 six children faced food insecurity in 2025; and 8 WHEREAS, restaurants, grocery stores, and other food service establishments dispose of 9 food every day, with 35 thirty-five percent of all usable food ending up in landfills; and 10 WHEREAS, the disposed food is often perfectly safe, edible, and wholesome; and 11 WHEREAS, the Bill Emerson Good Samaritan Food Donation Act of 1996, 42 U.S.C. § 1791 12 (January 1, 2026), protects food donors from liability and encourages food donations to 13 nonprofit organizations; and 14 WHEREAS, because of these legislative efforts, individuals who strive to do the right thing 15 by donating food to those who are less fortunate are guaranteed a level of protection from 16 liability; and 17 WHEREAS, these liability protections provide individuals comfort when donating food items 18 to nonprofit organizations that are better equipped to collect, process, and distribute the items 19 to members of the community; and 20 WHEREAS, these legislative measures allow for an ongoing and increasing tax incentive 21 of $1.97 per pound, based on agreed amounts set by the federal government and Feeding 22 America; and 23 26.994.10 26.994.11 2 SCR608 Underscores indicate new language. Overstrikes indicate deleted language. SCR608 ENROLLED WHEREAS, many nonprofit organizations across the state and in our densest population 1 centers already work to rescue food waste and distribute it to those in need; and 2 WHEREAS, these nonprofit organizations not only provide necessary food items and goods 3 through charitable acts, but they also ease the financial and mental strains of those 4 experiencing food insecurity; and 5 WHEREAS, while many nonprofit organizations are capable of providing assistance and 6 food to communities, the need for food is in excess of the supply; and 7 WHEREAS, in South Dakota, more than 110,000 one hundred ten thousand people face hunger, including nearly 8 40,000 forty thousand children, which means this state has a food insecurity rate of more than 22 twenty-two percent 9 for the overall population and 30 thirty percent for children; and 10 WHEREAS, South Dakota food banks have reported a significant increase in the demand 11 for food assistance in their respective communities; and 12 WHEREAS, restaurants and other food service establishments can collaborate with 13 community service providers to ensure that excess food can help feed the hungry at no 14 additional cost to the restaurant or food service establishment; 15 NOW, THEREFORE, BE IT RESOLVED, by the Senate of the One Hundred First Legislature 16 of the State of South Dakota, the House of Representatives concurring therein, that 17 community service providers and food service establishments are urged to collaborate, under 18 the protections provided by the Bill Emerson Good Samaritan Food Donation Act of 1996, to 19 prevent food waste and reduce rates of hunger in South Dakota. 20 26.994.11 3 SCR608 SCR608 ENROLLED Adopted by the Senate, February 11, 2026 Concurred in by the House of Representatives, February 25, 2026 _____________________ _____________________ Chris Karr Peggy Laurenz President Pro Tempore Secretary of the Senate of the Senate _____________________ _____________________ Jon Hansen Patricia Miller Speaker of the House Chief Clerk of the House