Overview
This section establishes that FAR Subpart 26.4 serves as the regulatory implementation of the Federal Food Donation Act of 2008. Its primary purpose is to encourage federal agencies and their contractors to donate excess wholesome food to non-profit organizations to assist the hungry.
Key Rules
- Legal Authority: Explicitly links federal acquisition procedures to 42 U.S.C. 1792 (Federal Food Donation Act of 2008).
- Regulatory Scope: Sets the foundation for subsequent rules regarding the donation of "apparently wholesome food" by executive agencies and their contractors.
- Applicability: Applies to any executive agency and its contracts for the provision, service, or sale of food in the United States.
Practical Implications
- Contractual Clauses: Contractors involved in food service or cafeteria management should expect clauses (specifically FAR 52.226-6) that encourage the donation of surplus food.
- Liability Protection: By following these regulations, contractors gain certain liability protections under the Bill Emerson Good Samaritan Food Donation Act when donating food in good faith.