122 STAT. 2314 PUBLIC LAW 110–247—JUNE 20, 2008 

Public Law 110–247 

110th Congress 

An Act 

To encourage the donation of excess food to nonprofit organizations that provide 

assistance to food-insecure people in the United States in contracts entered into 

by executive agencies for the provision, service, or sale of food. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Federal Food Donation Act 

of 2008’’. 

SEC. 2. PURPOSE. 

The purpose of this Act 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. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) APPARENTLY WHOLESOME FOOD.—The term ‘‘apparently 

wholesome food’’ has the meaning given the term in section 

2(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; and 

(B) exempt from tax under section 501(a) of that Code. 

SEC. 4. PROMOTING FEDERAL FOOD DONATION. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Federal Acquisition Regulation issued 

in accordance with section 25 of the Office of Federal Procurement 

Policy Act (41 U.S.C. 421) 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— 

Deadline. 

42 USC 1792. 

42 USC 1792 

note. 

42 USC 1792 

note. 

42 USC 1771 

note. 

Federal Food 

Donation Act of 

2008. 

June 20, 2008 

[S. 2420] 


etreine on CSHP91QD1 with PUBLIC LAWS
PUBLIC LAW 110–247—JUNE 20, 2008 122 STAT. 2315 

LEGISLATIVE HISTORY—S. 2420 (H.R. 4220): 

SENATE REPORTS: No. 110–338 (Comm. on Homeland Security and Governmental 

Affairs). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

May 22, considered and passed Senate. 

June 3, considered and passed House. 

Æ 

(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 Act. 

(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 Act shall be 

exempt from civil and criminal liability to the extent provided 

under the Bill Emerson Good Samaritan Food Donation Act 

(42 U.S.C. 1791). 

Approved June 20, 2008. 


etreine on CSHP91QD1 with PUBLIC LAWS