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42 U.S.C. § 1792 — Promoting Federal food donation

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1792 — Promoting Federal food donation

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1303&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1791&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_2dcf78bd952b9905798d6e96
Source file: Laws/federal/codes/united-states-code/title-42/section-1792-promoting-federal-food-donation--c93d8f2735.md
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Source location: Title 42, Chapter 13A, § 1792; chapter-13a-child-nutrition.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1303&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1791&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1791 — Bill Emerson Good Samaritan Food Donation Act

**(a) Short title** This section may be cited as the “Bill Emerson Good Samaritan Food Donation Act”. **(b) Definitions** As used in this section: (1) **Apparently fit grocery product** — The term “apparently fit grocery product” means a grocery product 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 conditions. (2) **Apparently wholesome food** — The term “apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. (3) **Donate** — The term “donate” means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value or is charged a good Samaritan reduced price. (4) **Food** — The term “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 human consumption. (5) **Gleaner** — The term “gleaner” means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner. (6) **Good Samaritan reduced price** — The term “good Samaritan reduced price” means, with respect to the

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1791

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1303 — Functions and authority

**(a) Functions.—** (1) **Issue and maintain federal acquisition regulation.—** — Subject to sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title, the Administrator of General Services, the Secretary of Defense, and the Administrator of National Aeronautics and Space, pursuant to their respective authorities under division C of this subtitle, chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in [section 3016 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3016&num=0&edition=prelim)), and the National Aeronautics and Space Act of 1958 ([42 U.S.C. 2451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2451&num=0&edition=prelim) et seq.),11 See References in Text note below. shall jointly issue and maintain in accordance with subsection (d) a single Government-wide procurement regulation, to be known as the Federal Acquisition Regulation. (2) **Limitation on other regulations.—** — Other regulations relating to procurement issued by an executive agency shall be limited to— (A) regulations essential to implement Government-wide policies and procedures within the agency; and (B) additional policies and procedures required to satisfy the specific and unique needs of the agency. (3) **Ensure consistent regulations.—** — The Administrator, in consultation with the Council, shall ensure that procurement regulations prescribed by executive agencies are consistent with the Federal Acquisition Regulation and in accordance with the policies prescribed pursuant to [section 1121(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121/b&num=0&edition=prelim). (4) **Request to review regulation.—** (A) *Basis

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1771 — Congressional declaration of purpose

In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1792 — Promoting Federal food donation

Page 5064 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1792 (3) is knowledgeable of the standards to properly recondition the donated food or gro- cery product. (f) Construction This section shall not be construed to create any liability. Nothing in this section shall be construed to supercede State or local health reg- ulations. (Pub. L. 89–642, § 22, formerly Pub. L. 101–610, title IV, § 402, Nov. 16, 1990, 104 Stat. 3183; renum- bered § 22 and amended Pub. L. 104–210, § 1(a)(2), (b), Oct. 1, 1996, 110 Stat. 3011, 3012; Pub. L. 117–362, § 1, Jan. 5, 2023, 136 Stat. 6295.) Editorial Notes CODIFICATION Section was formerly classified to section 12672 of this title prior to renumbering by Pub. L. 104–210. AMENDMENTS 2023—Subsec. (b)(3). Pub. L. 117–362, § 1(1)(A), inserted ‘‘or is charged a good Samaritan reduced price’’ before period at end. Subsec. (b)(6) to (11). Pub. L. 117–362, § 1(1)(B), (C), added par. (6) and redesignated former pars. (6) to (10) as (7) to (11), respectively. Subsec. (b)(12). Pub. L. 117–362, § 1(1)(D), added par. (12). Subsec. (c)(1), (2). Pub. L. 117–362, § 1(2)(A), inserted ‘‘at zero cost or at a good Samaritan reduced price’’ after ‘‘needy individuals’’. Subsec. (c)(3). Pub. L. 117–362, § 1(2)(C), added par. (3). Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 117–362, § 1(2)(B), (D), redesig- nated par. (3) as (4) and substituted ‘‘, (2), and (3)’’ for ‘‘and (2)’’. 1996—Pub. L. 104–210, § 1(a)(2)(A), substituted ‘‘Bill Emerson’’ for ‘‘Model’’ in section catchline. Subsec. (a). Pub. L. 104–210, § 1(a)(2)(B), inserted ‘‘Bill Emerson’’ before ‘‘Good’’. Subsec. (b)(7). Pub. L. 104–210, § 1(a)(2)(C), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘Th

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1792

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