Overview
This section provides the foundational vocabulary for FAR Subpart 26.4, establishing the criteria for what types of food can be donated by federal agencies and identifying the specific types of organizations eligible to receive those donations.
Key Rules
- Wholesome Food Standards: "Apparently wholesome food" must meet all Federal, State, and local quality and labeling laws, even if it is unmarketable due to cosmetic issues, age, or surplus status.
- Definition of Excess: Food is only considered "excess" if it is no longer required to meet agency needs and is destined to be discarded.
- Target Population: "Food-insecure" is defined by the inconsistent access to safe and nutritious food, providing the justification for the donation subpart.
- Qualified Recipients: Only nonprofit organizations that are tax-exempt under Section 501(a) and described in Section 501(c) of the Internal Revenue Code qualify to receive these donations.
Practical Implications
- Contractors and agencies are encouraged to divert safe, edible food from landfills to charitable organizations, provided the food meets safety regulations despite aesthetic imperfections.
- Contracting officers and agencies must verify the 501(c) status of a nonprofit before facilitating the transfer of excess food to ensure compliance with federal tax and acquisition standards.