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SCR 608

urging collaboration to reduce hunger and food waste in this state under the protections of the 1996 Bill Emerson Good Samaritan Food Donation Act.

2026 Regular Session Introduced by Jamie Smith

Urges multi-sector collaboration to reduce hunger and food waste in South Dakota, leveraging the Emerson Good Samaritan Act protections to promote safe food donations.

House of Representatives Concurred in Resolution as Amended , Passed, YEAS 56, NAYS 9 H.J. 444
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Bill Summary · SCR 608

Summary: SCR 608 (South Dakota, 2026) — Urging Collaboration to Reduce Hunger and Food Waste Under the 1996 Bill Emerson Good Samaritan Act

Purpose and Intent

  • SCR 608 is a concurrent resolution urging collaboration among public, private, nonprofit, and community partners within South Dakota to reduce hunger and minimize food waste in the state.
  • The resolution emphasizes leveraging the protections of the federal 1996 Bill Emerson Good Samaritan Food Donation Act to encourage food donation by recognizing and addressing barriers to donation and improving coordination among stakeholders.

Key Provisions and Changes

  • Urging Interagency and Cross-Sector Collaboration: The resolution calls for coordinated efforts among state agencies, local governments, nonprofit hunger-relief organizations, food suppliers (retailers, manufacturers, distributors), agricultural entities, and community groups.
  • Emphasis on Food Donation Protections: It highlights the applicability and importance of the federal Emerson Good Samaritan Act, which provides liability protection to donors and food recipients when donating or distributing food in good faith. The resolution encourages entities to take advantage of these protections to increase donations.
  • Reduction of Food Waste: The measure seeks to identify and implement strategies to prevent edible food from becoming waste, including procurement practices, storage, donation logistics, and public awareness.
  • Enactment Through Guidance Rather than New Law: SCRs are typically symbolic and express sentiment rather than creating binding statutory requirements. This resolution primarily serves to articulate the legislature’s support and to prompt ongoing or future collaborative initiatives without imposing new regulatory duties.

Who or What Would Be Affected

  • Public Sector: State and local government agencies involved in health, hunger relief, agriculture, and social services are expected to participate in collaborative efforts.
  • Private Sector: Food industry stakeholders (retailers, manufacturers, distributors) and donors are encouraged to donate surplus edible food and to engage with nonprofits and government partners.
  • Nonprofit Sector: Food banks, pantries, and hunger-relief organizations would be central partners in coordinating donation activities and expanding reach.
  • General Public: Increased access to donated food and reduced food waste could benefit residents experiencing food insecurity.

Procedural and Timeline Aspects

  • Legislative Path: SCR 608 moved through the South Dakota Legislature as a concurrent resolution. It does not create statutory changes but expresses the Legislature’s stance and intent.
  • Recent Activity (as of 2026):
    • February 4, 2026: First reading in Senate; referral to committee waived.
    • February 5, 2026: Senate deferred to another day (S.J. 198).
    • February 11, 2026: Senate adopted the resolution as amended (S.J. 246); later that day, the Senate motion to amend passed (S.J. 245).
    • February 11, 2026: House also engaged in amendments (H.J. 315).
    • February 24–25, 2026: House of Representatives concurred in the resolution as amended and passed (YEAS 56, NAYS 9) (H.J. 444).
  • Effective Date: As a concurrent resolution, it does not contain a separate effective date or operative provisions; its impact is informational and fosters collaborative efforts moving forward.

Practical Impact

  • Sets a legislative tone that prioritizes reducing hunger and feeding waste through cooperation and use of existing legal protections for donors.
  • Encourages state and local entities, businesses, and nonprofits to form partnerships, share best practices, and pursue initiatives to increase safe food donations.
  • Signals to South Dakotans that the Legislature supports allocating attention and resources to hunger relief strategies and efficient food redistribution.

If you’d like, I can add a brief comparison to similar resolutions in other states or provide talking points for advocates seeking to participate in or expand collaborative food-dan donation programs.

Compiled from official sources — confirm details with the bill’s official record.

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