Federal Food Donation Act of 2008
PL 110-247 (S.2420), enacted 06/20/2008

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 prac-
ticable 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] 
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122 STAT. 2315 
PUBLIC LAW 110–247—JUNE 20, 2008 
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. 
(1) encourages the donation of excess, apparently whole-
some 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, trans-
porting, maintaining the safety of, or distributing excess, appar-
ently 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. 
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