26.401
Definitions
FAR 26.401 defines key terms that establish the foundation for compliant food donation activities by federal agencies and contractors.
Overview
FAR 26.401 provides definitions for key terms used in Subpart 26.4, which governs food donations by executive agencies to nonprofit organizations. These definitions clarify what constitutes apparently wholesome food, excess food, food-insecure individuals, and nonprofit organizations for the purposes of compliance with food donation requirements. Understanding these terms is essential for agencies and contractors involved in the donation, handling, or management of surplus food under federal contracts.
Key Rules
- Apparently Wholesome Food
- Food that meets all quality and labeling standards but may not be marketable due to appearance, age, or other non-safety-related reasons.
- Excess Food
- Food not needed by executive agencies and would otherwise be discarded.
- Food-Insecure
- Refers to individuals or groups with inconsistent access to sufficient, safe, and nutritious food.
- Nonprofit Organization
- Organizations described in section 501(c) and exempt under section 501(a) of the Internal Revenue Code.
Responsibilities
- Contracting Officers: Must use these definitions to determine eligibility and compliance when facilitating food donations.
- Contractors: Should understand these terms to ensure proper handling and donation of food under contract requirements.
- Agencies: Must ensure food donations comply with these definitions and applicable laws.
Practical Implications
- These definitions ensure clarity and consistency in implementing food donation programs.
- Misunderstanding these terms can lead to non-compliance or missed opportunities for food donation.
- Contractors and agencies must reference these definitions to avoid legal or regulatory issues when donating food.