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

(a) The Secretary of Defense may donate food described in subsection (b) to entities specified under subsection (d).

(b) Food that may be donated under this section is commissary store food, mess food, meals ready-to-eat (MREs), rations known as humanitarian daily rations (HDRs), and other food available to the Secretary of Defense 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 one of the following:

(1) A charitable nonprofit food bank that is designated by the Secretary of Defense or the Secretary of Health and Human Services as authorized to receive such donations.

(2) A State or local agency that is designated by the Secretary of Defense or the Secretary of Health and Human Services as authorized to receive such donations.

(3) A chapter or other local unit of a recognized national veterans organization that provides services to persons without adequate shelter and is designated by the Secretary of Veterans Affairs as authorized to receive such donations.

(4) A not-for-profit organization that provides care for homeless veterans and is designated by the Secretary of Veterans Affairs as authorized to receive such donations.

(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 ; Pub. L. 104–201, div. A, title III, §365, Sept. 23, 1996, 110 Stat. 2494 .)

Amendments

1996-Subsec. (a). Pub. L. 104–201, §365(a), (b)(1), substituted "Secretary of Defense" for "Secretary of a military department" and "entities specified under subsection (d)" for "authorized charitable nonprofit food banks".

Subsec. (b). Pub. L. 104–201, §365(a), (c), inserted "rations known as humanitarian daily rations (HDRs)," after "(MREs)," and substituted "Secretary of Defense" for "Secretary of a military department".

Subsec. (d). Pub. L. 104–201, §365(b)(2), substituted "may only be made to an entity that is one of the following:" for "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." and added pars. (1) to (4).

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".