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FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2

FAR 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This clause encourages contractors to donate excess, apparently wholesome food to nonprofit organizations that help food-insecure people in the United States, consistent with the Federal Food Donation Act of 2008. If a contractor chooses to donate, it must cover all costs and logistical support itself, and those costs are not reimbursable. The clause also requires the contractor to include this clause in certain subcontracts involving food.

Applies to: Contractors and subcontractors who provide, service, or sell food in the United States under a covered contract.

What it requires

  • Assume responsibility for all costs and logistical support to collect, transport, maintain safety of, or distribute donated excess food.
  • Do not seek reimbursement for any costs incurred or associated with donating excess food; such costs are unallowable.
  • Insert this clause in all contracts, task orders, delivery orders, purchase orders, and similar instruments that exceed the FAR 26.404 threshold on the date of subcontract award with subcontractors or suppliers at any tier who will perform the provision, service, or sale of food in the United States

Key terms: Apparently wholesome food · Excess food · Food-insecure · Nonprofit organization · Federal Food Donation Act of 2008

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

As prescribed in 26.404, insert the following clause:

Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

(a) Definitions. As used in this clause—

Apparently wholesome food means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

Excess food means food that—

(1) Is not required to meet the needs of the executive agencies; and

(2) Would otherwise be discarded.

Food-insecure means inconsistent access to sufficient, safe, and nutritious food.

Nonprofit organization means any organization that is—

(1) Described in section 501(c) of the Internal Revenue Code of 1986; and

(2) Exempt from tax under section 501(a) of that Code.

(b) In accordance with the Federal Food Donation Act of 2008 (42 U.S.C. 1792), the Contractor is encouraged, 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.

(c) Costs. (1) The Contractor, including any subcontractors, shall assume the responsibility for all the costs and the logistical support to collect, transport, maintain the safety of, or distribute the excess, apparently wholesome food to the nonprofit organization(s) that provides assistance to food-insecure people.

(2) The Contractor will not be reimbursed for any costs incurred or associated with the donation of excess foods. Any costs incurred for excess food donations are unallowable.

(d) Liability. The Government and the Contractor, including any subcontractors, shall be exempt from civil and criminal liability to the extent provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). Nothing in this clause shall be construed to supersede State or local health regulations (subsection (f) of 42 U.S.C. 1791).

(e) Subcontracts. The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and other similar instruments that exceed the threshold specified in Federal Acquisition Regulation 26.404 on the date of subcontract award with its subcontractors or suppliers, at any tier, who will perform, under this contract, the provision, service, or sale of food in the United States.

(End of clause)

Sections it refers to

Sections that refer to it

  • 26.404 Contract clause.
  • 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
  • 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

← 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area. · 52.226-7 Drug-Free Workplace. →

Rule changes for FAR Part 52

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations · SpendQuery