§2485. Donation of unusable food: commissary stores and other activities

(a) The Secretary of a military department may donate food described in subsection (b) to authorized charitable nonprofit food banks.

(b) Food that may be donated under this section is commissary store food, mess food, meals ready-to-eat (MREs), and other food available to the Secretary of a military department that-

(1) is certified as edible by appropriate food inspection technicians;

(2) would otherwise be destroyed as unusable; and

(3) in the case of commissary store food, is unmarketable and unsaleable.

(c) In the case of commissary store food, a donation under this section shall take place at the site of the commissary that is donating the food.

(d) A donation under this section may only be made to an entity that is authorized by the Secretary of Defense or the Secretary of Health and Human Services to receive donations under this section.

(e) This section does not authorize any service (including transportation) to be provided in connection with a donation under this section.

(Added Pub. L. 99–145, title XIV, §1460(a), Nov. 8, 1985, 99 Stat. 764 ; amended Pub. L. 101–510, div. A, title III, §324(a), (b)(1), Nov. 5, 1990, 104 Stat. 1530 .)

Amendments

1990-Pub. L. 101–510, §324(b)(1), substituted "Donation of unusable food: commissary stores and other activities" for "Commissary stores: donation of unmarketable food" in section catchline.

Subsec. (a). Pub. L. 101–510, §324(a)(1), struck out "commissary store" after "donate".

Subsec. (b). Pub. L. 101–510, §324(a)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: "Food that may be donated under this section is food of a commissary store-

"(1) that is-

"(A) unmarketable;

"(B) unsaleable; and

"(C) certified as edible by appropriate food inspection technicians; and

"(2) that would otherwise be destroyed as unusable."

Subsec. (c). Pub. L. 101–510, §324(a)(3), substituted "In the case of commissary store food, a donation" for "A donation".