Promoting Federal food donation

United States Code

Section: 1792

Jurisdiction: US

Bluebook Citation: 42 U.S.C. § 1792

encourages the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; and states the terms and conditions described in subsection (b). In any case in which a contractor enters into a contract with an executive agency under which apparently wholesome food is donated to food-insecure people in the United States, the head of the executive agency shall not assume responsibility for the costs and logistics of collecting, transporting, maintaining the safety of, or distributing excess, apparently wholesome food to food-insecure people in the United States under this section. An executive agency (including an executive agency that enters into a contract with a contractor) and any contractor making donations pursuant to this section shall be exempt from civil and criminal liability to the extent provided under section 1791 of this title. The term ‘apparently wholesome food’ has the meaning given the term in section 2(b) [probably means subsec. (b)] of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b)). is not required to meet the needs of executive agencies; and would otherwise be discarded. The term ‘food-insecure’ means inconsistent access to sufficient, safe, and nutritious food. described in section 501(c) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)]; and exempt from tax under section 501(a) of that Code [26 U.S.C. 501(a)].” Not later than 180 days after June 20, 2008, the Federal Acquisition Regulation issued in accordance with section 1303 of title 41 shall be revised to provide that all contracts above $25,000 for the provision, service, or sale of food in the United States, or for the lease or rental of Federal property to a private entity for events at which food is provided in the United States, shall include a clause that— The term ‘excess’, when applied to food, means food that— The term ‘nonprofit organization’ means any organization that is— (Source: (Pub. L. 110–247, § 4, June 20, 2008, 122 Stat. 2314.))

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