BARK Act of 2025

In this section:

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.

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)).

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.

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.

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.

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.

The term qualified animal means—

(A) a pet;

(B) an emotional support animal; and

(C) a 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).

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.

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.

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.

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.

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.

Nothing in this section shall—

(1) create any liability; or

(2) supercede any State or local health regulations.