BARK Act of 2025
- Bill Number
- S. 1939
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Agriculture and Food
- Status
- Introduced
- Latest Action
- 2025-06-04: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-03-04T12:40:48Z
AI-Generated Summary
Purpose
The Bring Animals Relief and Kibble Act of 2025 (BARK Act) aims to encourage donations of pet food and supplies to support animal welfare by providing legal protections against liability for good faith donors, similar to protections for human food donations under existing federal law.
Key Provisions
- Definitions:
- "Apparently fit pet-related product" refers to pet food or supplies that comply with all federal, state, and local quality and labeling rules, even if they are not perfectly marketable (e.g., due to appearance, age, or surplus).
- Adopts terms like "donate," "gross negligence," "intentional misconduct," "nonprofit organization," and "person" from the Bill Emerson Good Samaritan Food Donation Act (a federal law protecting human food donors).
- Defines key terms such as "pet" (domesticated animals kept for pleasure, like dogs or cats), "pet food" (edible substances for animals), "pet supply" (items like toys, bedding, or leashes), and "qualified animal" (includes pets, emotional support animals, and service animals—where service animals assist people with disabilities, and emotional support animals provide comfort but are not trained for tasks).
- Liability Protections:
- Individuals or businesses donating apparently fit pet food or supplies in good faith to state/local governments or nonprofits for distribution to qualified animals are immune from civil or criminal lawsuits related to the product's condition (e.g., age or packaging).
- Nonprofits and government entities receiving and distributing these donations are also protected from liability, except in cases of gross negligence (extreme carelessness) or intentional misconduct causing harm or death.
- Partial Compliance Option: Donors of non-compliant (distressed or defective) items are still protected if they inform the recipient, the recipient agrees to fix the items to meet standards before distribution, and the recipient knows how to do so properly.
- Limitations: The law does not create new liabilities and does not override state or local health rules.
Significant Changes to Existing Law
- Extends the protections of the Bill Emerson Good Samaritan Food Donation Act (originally for human food) to pet food and supplies, creating a parallel "Good Samaritan" shield specifically for animal-related donations.
- Introduces new federal definitions and safeguards for pet-related items, filling a gap in current law that lacks similar incentives for animal welfare donations.
Potential Impacts
- On Government Agencies: State and local governments handling animal services (e.g., shelters) could receive more donations, reducing costs for pet food and supplies in public programs.
- On Citizens: Encourages individuals and businesses to donate surplus pet items without fear of lawsuits, potentially increasing access to affordable pet care for low-income pet owners or those relying on emotional support/service animals.
- On International Relations: No direct impact, as the bill focuses on domestic donations and U.S. regulations.
- Overall, it could boost animal welfare by facilitating more donations to nonprofits and shelters, indirectly benefiting communities with high pet ownership or service animal needs.
Main Stakeholders Affected
- Donors: Individuals, businesses, or organizations providing pet food/supplies, who gain liability protection to donate more freely.
- Nonprofit Organizations: Animal shelters, rescues, and welfare groups that receive and distribute donations, enabling them to expand services without legal risks.
- Government Entities: State and local animal control or welfare agencies that benefit from increased donations for public programs.
- Pet Owners and Users: Owners of qualified animals (pets, emotional support animals, service animals) who may access more free or low-cost supplies through expanded donation channels.
Notable Legal, Constitutional, or Political Implications
- Legal: Provides limited immunity from lawsuits, promoting good faith actions while carving out exceptions for serious wrongdoing (gross negligence or intentional harm), which aligns with tort law principles. It preserves state/local authority over health standards, avoiding federal overreach.
- Constitutional: No apparent conflicts; the bill operates within Congress's commerce clause powers to regulate interstate donations and does not infringe on free speech, due process, or other rights.
- Political: Bipartisan sponsorship (by Senators Warnock and Tillis) suggests broad support for animal welfare; it could set a precedent for expanding Good Samaritan laws to other sectors, like environmental or charitable donations, without major controversy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Warnock, Raphael G. [D-GA]
Cosponsors (3)
Sen. Tillis, Thomas [R-NC], Sen. Alsobrooks, Angela D. [D-MD], Sen. Kim, Andy [D-NJ]
Recent Actions
- 2025-06-04: Read twice and referred to the Committee on the Judiciary.
- 2025-06-04: Introduced in Senate
Bill Versions
- Bring Animals Relief and Kibble Act of 2025 — issued 2025-06-04 — PDF (5 pages)