2016 US Code
Title 42 - The Public Health and Welfare
Chapter 13A - Child Nutrition
Sec. 1792 - Promoting Federal food donation

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Citation 42 U.S.C. § 1792 (2016)
Section Name

§1792. Promoting Federal food donation

Section Text

(a) In general

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—

(1) encourages the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; and

(2) states the terms and conditions described in subsection (b).

(b) Terms and conditions

(1) Costs

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.

(2) Liability

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.

Source Credit

(Pub. L. 110–247, §4, June 20, 2008, 122 Stat. 2314.)

Editorial Notes

REFERENCES IN TEXT

This section, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 110–247, June 20, 2008, 122 Stat. 2314, which enacted this section and provisions set out as notes under this section and section 1771 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 1771 of this title and Tables.

CODIFICATION

Section was enacted as part of the Federal Food Donation Act of 2008, and not as part of the Child Nutrition Act of 1966 which comprises this chapter.

In subsec. (a), "section 1303 of title 41" substituted for "section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

PURPOSE

Pub. L. 110–247, §2, June 20, 2008, 122 Stat. 2314, provided that: "The purpose of this Act [enacting this section and provisions set out as notes under this section and section 1771 of this title] is to encourage executive agencies and contractors of executive agencies, to the maximum extent practicable and safe, to donate excess, apparently wholesome food to feed food-insecure people in the United States."

DEFINITIONS

Pub. L. 110–247, §3, June 20, 2008, 122 Stat. 2314, provided that: "In this Act [enacting this section and provisions set out as notes under this section and section 1771 of this title]:

"(1) Apparently wholesome food.—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)).

"(2) Excess.—The term 'excess', when applied to food, means food that—

"(A) is not required to meet the needs of executive agencies; and

"(B) would otherwise be discarded.

"(3) Food-insecure.—The term 'food-insecure' means inconsistent access to sufficient, safe, and nutritious food.

"(4) Nonprofit organization.—The term 'nonprofit organization' means any organization that is—

"(A) described in section 501(c) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)]; and

"(B) exempt from tax under section 501(a) of that Code [26 U.S.C. 501(a)]."

Publication Title United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 13A - CHILD NUTRITION
Sec. 1792 - Promoting Federal food donation
Contains section 1792
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large References 122 Stat. 2314
124 Stat. 3854
Public Law References Public Law 110-247, Public Law 111-350
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