To amend the Federal Meat Inspection Act to authorize the distribution of wholesome meat for human consumption that has been condemned under that Act to charity and public agencies.
PL 101-205 (H.R.2134), enacted 12/07/1989

PUBLIC LAW 101-205—DEC. 7, 1989 
103 STAT. 1829 
Public Law 101-205 
101st Congress 
An Act 
To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act 
j ^ ^ „ .non 
to authorize the distribution of wholesome meat and poultry products for human 
— ^ ^ ' 
' 
consumption that are not in compliance with the Acts to charity and public 
[H.R. 2134] 
agencies. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. DISTRIBUTION OF CERTAIN MEAT TO CHARITY AND PUBLIC 
AGENCIES. 
Section 403(a) of the Federal Meat Inspection Act (21 U.S.C. 673(a)) 
is amended— 
(1) in the first sentence, by redesignating clauses (1) through 
(3) as clauses (A) through (C), respectively; 
(2) by designating the first through fourth sentences as para-
graphs (1) through (4), respectively; 
(3) in paragraph (2) (as so designated), bv inserting after 
"entry of the decree," the following: "(A) be distributed in 
accordance with paragraph (5), or (B)"; and 
(4) by adding at the end thereof the following new paragraph: 
"(5XA) An article that is condemned under paragraph (1) may as 
the court may direct, after entry of the decree, be distributed 
without charge to nonprofit, private entities or to Federal, State, or 
local government entities engaged in the distribution of food with-
out charge to individuals, if such article— 
"(i) has been inspected under this Act and found to be 
wholesome and not to be adulterated within the meaning of 
paragraphs (1) through (7) and (9) of section l(m) and a deter-
mination is made at the time of the entry of the decree that 
such article is wholesome and not so adulterated; and 
"(ii) is plainly marked 'Not for Sale' on such article or its 
container. 
"(B) The United States may not be held legally responsible for any 
article that is distributed under subparagraph (A) to a nonprofit, 
private entity or to a Federal, State, or local government entity, if 
such article— 
"(i) was found after inspection under this Act to be wholesome 
and not adulterated within the meaning of paragraphs (1) 
through (7) and (9) of section l(m) and a determination was 
made at the time of the entry of the decree that such article was 
wholesome and not so adulterated; and 
"(ii) was plainly marked 'Not for Sale' on such article or its 
container. 
"(C) The person from whom such article was seized and con-
demned may not be held legally responsible for such article, if such 
article— 
"(i) was found after inspection under this Act to be wholesome 
and not adulterated within the meaning of paragraphs (1) 
through (7) and (9) of section Km) and a determination was 
103 STAT. 1830 
PUBLIC LAW 101-205—DEC. 7, 1989 
made at the time of the entry of the decree that such article was 
wholesome and not so adulterated; and 
"(ii) was plainly marked 'Not for Sale' on such article or its 
container.". 
SEC. 2. DISTRIBUTION OF CERTAIN POULTRY PRODUCTS TO CHARITY AND 
PUBLIC AGENCIES. 
Section 20(a) of the Poultry Products Inspection Act (21 U.S.C. 
467b(a)) is amended— 
(1) in the first sentence, by redesignating clauses (1) through 
(3) as clauses (A) through (C), respectively; 
(2) by designating the first through fourth sentences as para-
graphs (1) through (4), respectively; 
(3) in pareigraph (2) (as so designated), by inserting after 
"entry of the decree," the following: "(A) be distributed in 
accordance with paragraph (5), or (B)"; and 
(4) by adding at the end thereof the following new paragraph: 
"(5XA) An article that is condemned under paragraph (1) may as 
the court may direct, after entry of the decree, be distributed 
without charge to nonprofit, private entities or to Federal, State, or 
local government entities engaged in the distribution of food with-
out charge to individuals, if such article— 
"(i) is capable of use as a human food; 
"(ii) has been inspected under this Act and found to be 
wholesome and not to be adulterated within the meaning of 
paragraphs (1) through (7) of section 4(g) and a determination is 
made at the time of the entry of the decree that such article is 
wholesome and not so adulterated; and 
"(iii) is plainly marked 'Not for Sale' on such article or its 
container. 
"(B) The United States may not be held legally responsible for any 
article that is distributed under subparagraph (A) to a nonprofit, 
private entity or to a Federal, State, or local government entity, if 
such article— 
"(i) was found after inspection under this Act to be wholesome 
and not adulterated within the meaning of paragraphs (1) 
through (7) of section 4(g) and a determination WEIS made at the 
time of the entry of the decree that such article was wholesome 
and not so adulterated; and 
"(ii) was plainly marked 'Not for Sale' on such article or its 
container. 
"(C) The person from whom such article was seized and con-
demned may not be held legally responsible for such article, if such 
article— 
"(i) was found after inspection under this Act to be wholesome 
and not adulterated within the meaning of paragraphs (1) 
through (7) of section 4(g) and a determination was made at the 
time of entry of the decree that such article was wholesome and 
, not so adulterated; and 
PUBLIC LAW 101-205—DEC. 7, 1989 
103 STAT. 1831 
"(ii) was plainly marked 'Not for Sale' on such article or its 
container.". 
Approved December 7,1989. 
LEGISLATIVE HISTORY—H.R. 2134: 
HOUSE REPORTS: No. 101-348 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Nov. 13, considered and passed House. 
Nov. 20, considered and passed Senate.