12 2 STA T . 2 3 1 4PUBLIC LA W 11 0– 24 7—J U NE 20 , 200 8PublicLaw1 1 0–247 110 thCongres s A n Act Toenc o urag e th e d onat i ono f e x ce s s food to non p rofit organi z ations that pro v ide assistance to food - insecure peop l einthe U nited S tates in contracts entered into by executive agencies for the provision , service, or sale of food .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ F ede r a l F o od D o n ation Act o f20 0 8’ ’ . SEC. 2 . PU RPOSE. The pu rpose of this Act is to encoura g ee x ecuti v e agencies and contractors of executive agencies , to the maximum extent prac - ticable and safe, to donate excess, apparently w holesome food to feed food-insecure people in the U nited S tates. SEC. 3 . D E F INITIONS. I n this Act
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A P P ARENTLYWHO LE S O M E F OO D . — The term ‘‘apparently wholesome food’’ has the meaning given the term in section 2(b) of the B ill E merson G ood Samaritan Food Donation Act ( 4 2 U.S. C .1 79 1(b)). (2) E XC ESS.—The term ‘‘excess’’, when applied to food, means food that— (A) is not re q uired to meet the needs of executive agencies
and (B) would otherwise be discarded. ( 3 ) FOOD- I NSEC U RE.—The term ‘‘food-insecure’’ means inconsistent access to sufficient, safe, and nutritious food. (4) N ONPROFIT OR G ANI Z ATION.—The term ‘‘nonprofit organi z ation’’ means any organization that is— (A) described in section 5 01(c) of the Internal R evenue Code of 198 6
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(B) exempt from tax under section 501(a) of that Code. SEC. 4 . PRO M OTIN G FEDER A L 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 O ffice of Federal P rocurement 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— Deadlin e .42USC179 2. 42 USC 1792 n ot e. 42 USC 1792 note. 42 USC 1771 note. F ede r al Food Donation Ac to f 2 0 0 8 . Ju ne 20 , 2008 [ S. 2420 ]
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