FAR 26.402—Policy.
Plain-English Summary
FAR 26.402 states the Government’s policy on donating excess apparently wholesome food. It encourages executive agencies and their contractors, to the maximum extent practicable and safe, to donate such food to nonprofit organizations that provide assistance to food-insecure people in the United States. The section is a policy statement, not a detailed operating procedure, but it sets the tone for how agencies and contractors should think about surplus food handling, redistribution, and charitable donation. In practice, it supports waste reduction, social responsibility, and humanitarian use of edible food that would otherwise be discarded, while also emphasizing that donations must be both practicable and safe. The section matters because it signals that agencies and contractors should consider donation as a preferred disposition option when food is excess and still apparently wholesome, but only when doing so does not create safety, legal, or logistical problems. It also frames the intended beneficiaries: nonprofit organizations serving food-insecure people in the United States.
Key Rules
Donation is encouraged
Executive agencies and their contractors are encouraged to donate excess apparently wholesome food rather than dispose of it when appropriate. This is a policy preference, not an absolute mandate, but it establishes donation as the favored outcome when conditions allow.
Applies to agencies and contractors
The policy expressly covers both executive agencies and their contractors. Contractors handling government-related food surplus should therefore consider this policy in their disposal and donation practices when the food is within the scope of their work.
Only excess food qualifies
The policy applies to food that is excess, meaning it is no longer needed for the Government’s use or mission. It does not require donation of food that is needed, reserved, or otherwise not surplus.
Food must be apparently wholesome
The food should be apparently wholesome, meaning it appears suitable for human consumption. This limits the policy to food that is not obviously spoiled, contaminated, or otherwise unfit for donation.
Donation must be practicable and safe
The encouragement applies only to the maximum extent practicable and safe. Agencies and contractors must consider logistics, cost, handling, storage, transportation, liability, and food safety before donating.
Recipients must be nonprofit organizations
Donations are directed to nonprofit organizations, not to private for-profit entities. The nonprofits must provide assistance to food-insecure people, ensuring the food supports hunger-relief purposes.
U.S.-based assistance focus
The policy specifies nonprofit organizations that assist food-insecure people in the United States. This limits the intended donation channel to domestic hunger-relief efforts.
Responsibilities
Executive Agencies
Consider donation of excess apparently wholesome food as a preferred disposition option when it is practicable and safe. Establish internal practices that support identifying surplus food and routing it to appropriate nonprofit recipients.
Contracting Officers
Ensure solicitations, contracts, and administration practices reflect the policy where applicable. Coordinate with program and property personnel so excess food is evaluated for donation before disposal when feasible.
Contractors
When handling government-related excess food, consider donation to eligible nonprofit organizations if the food is apparently wholesome and donation is practicable and safe. Follow contract requirements, agency instructions, and applicable food safety and handling rules.
Nonprofit Organizations
Receive donated food and use it to assist food-insecure people in the United States. Maintain the organizational purpose and operational capability needed to accept and distribute donated food appropriately.
Practical Implications
Agencies and contractors should build donation review into surplus food disposition processes so edible food is not discarded by default.
The biggest operational issue is determining whether food is truly apparently wholesome and safe to donate; poor judgment here can create health and liability risks.
“To the maximum extent practicable” gives flexibility, but it also means parties should document why donation was not feasible when they choose disposal instead.
Contractors should not assume they can donate food on their own initiative without checking contract terms, agency procedures, and any required approvals.
This policy is aimed at hunger relief, so donations should be routed to legitimate nonprofit food-assistance organizations rather than informal or commercial channels.
Official Regulatory Text
The Government encourages executive agencies and their contractors, to the maximum extent practicable and safe, to donate excess apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States.