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This guideline provides
information to meat and poultry
establishments who are
interested in donating products
to non-profit organizations.
FSIS Guideline to Assist with the
Donation of Eligible Meat & Poultry
Products to Non-Profit Organizations
December 2020
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Table of Contents
Preface .................................................................................................................................. 4
Purpose.............................................................................................................................. 4
Reason for Issuing the Guideline ..................................................................................... 4
How to Effectively Use the Guideline ............................................................................... 5
How to Comment on the Guideline .................................................................................. 5
Questions Regarding Topics in this Guideline................................................................. 5
Background ........................................................................................................................... 6
Donation Flowchart ............................................................................................................... 7
Guidance for Donating Establishments ............................................................................... 7
Products Eligible for Donation ......................................................................................... 7
- Misbranded and Economically Adulterated Products............................................... 7
- Products Intended for Export ..................................................................................... 8
- Sample Products ........................................................................................................ 9
Products Ineligible for Donation........................................................................................ 9
- Adulterated Products .................................................................................................. 9
- Experimental Products ................................................................................................ 9
Labeling Donated Products ............................................................................................ 10
- Incorrect Standards of Identity ................................................................................. 10
- Statement of Limited Use/ Distribution ..................................................................... 10
Donating Products Produced Under Inspection Exemptions........................................ 10
- Can I Donate Meat Products Slaughtered and/or Processed under an Exemption
to Federal Inspection (see 9 CFR 303.1)? ................................................................. 10
- Can I Donate Poultry Products Slaughtered and/or Processed under an
Exemption to Federal Inspection (See 9 CFR 381.10)?............................................ 11
Donation Recipients ........................................................................................................ 11
- Donation to Schools for Human Consumption........................................................ 11
- Non-Profit Fundraiser ................................................................................................ 11
Donating State-Inspected Products ............................................................................... 12
Donating “Expired” Products........................................................................................... 12
Guidance for Organizations Receiving Donated Products ............................................... 12
Relabeling (ID Services) ................................................................................................. 12
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Preface
This is a first version of the FSIS Guideline to Assist with the Donation of Eligible
Meat & Poultry Products to Non-Profit Organizations. This guideline represents
FSIS’s current thinking on these topics and should be considered usable as of its
issuance.
This document is not regulatory. The contents of this document do not have the force
and effect of law and are not meant to bind the public in any way.
Purpose
This guideline contains information to assist meat and poultry establishments and non-
profit organizations that donate and receive donated products comply with the Federal
Meat Inspection Act (FMIA), the Poultry Products Inspection Act (PPIA), and FSIS
regulations in 9 CFR Chapter III. This guideline includes information on:
• Products eligible for donation;
• Products ineligible for donation;
• Shipping donated products;
• Labeling donated products;
• Donating products produced under inspection exemptions;
• Donation recipient types;
• Donating State-inspected products;
• Donating “expired” products;
• Relabeling at non-profit organizations; and
• Retail exemption at non-profit organizations.
Reason for Issuing the Guideline
FSIS developed this guideline to assist establishments and non-profit organizations that
donate and receive donated meat and poultry products by addressing common food
donation questions. FSIS has received several questions from meat and poultry
establishments and non-profit organizations on this subject and has decided to address
the major concerns associated with donation in this guideline. This guideline will be
useful because it addresses issues that have been presented to FSIS related to food
donation (e.g., products eligible for donation, labeling donated products, and donating
products produced under exemption). This guideline will provide information that will
help reduce food loss and waste and help battle food insecurity.
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How to Effectively Use the Guideline
This guideline is organized to provide users with the current science and
recommendations for topics related to the donation of meat and poultry products to non-
profit organizations. This guidance document includes recommendations for meat and
poultry producers and non-profit organizations on how to donate and receive donated
products in compliance with the FMIA, PPIA, and FSIS regulations in 9 CFR Chapter III.
To use this guideline, FSIS recommends that readers use the navigation headings to
move efficiently through the document sections of interest. Hyperlinks, where provided,
will quickly take you to the correct place in the document electronically and are also
provided to other complementary documents.
How to Comment on the Guideline
FSIS is seeking public comment on this guideline as part of its efforts to continuously
assess and improve the effectiveness of policy documents. All interested persons may
submit comments regarding any aspect of this document, including but not limited to
content, readability, applicability, and accessibility. The comment period will be 60 days
from publication of the Federal Register Notice and, as appropriate, the Agency may
update this guideline in response to comments. Although FSIS may make changes to
the guideline in response to comments, this document reflects current thinking, and
FSIS encourages establishments producing products discussed in this document to
review it and begin using it.
Comments may be submitted by either of the following methods:
• Federal eRulemaking Portal Online submission at regulations.gov
. This website
provides a way to type short comments directly into the comment field on the
webpage or attach a file to submit lengthier comments. Follow the online
instructions at that site to submit comments.
• Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue
SW, Mailstop 3758, Washington, DC 20250-3700.
All items submitted by mail or electronic mail must include the Agency name, FSIS, and
document title: FSIS Guideline to Assist with the Donation of Eligible Meat &
Poultry Products to Non-Profit Organizations. Comments received will be made
available for public inspection and posted without change, including any personal
information, to http://www.regulations.gov
.
Questions Regarding Topics in this Guideline
If after reading this guideline you still have questions, FSIS recommends that users
search the publicly posted Questions & Answers (Q&As) in the askFSIS
database or
submit questions through askFSIS. Documenting these questions helps FSIS improve
and refine present and future versions of the guideline and associated issuances.
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When submitting a question, use the Submit a Question tab, and enter the following
information in the fields identified below as prescribed:
Subject Field: FSIS Guideline to Assist with the Donation of Eligible Meat &
Poultry Products to Non-Profit Organizations
Question Field: Your question with as much detail as possible.
Product Field: Select General Inspection Policy.
Category Field: Select Donated Product from the drop-down menu.
Policy Arena: Select Domestic (U.S.) Only from the drop-down menu.
When all fields are complete, press Continue.
FSIS Guideline to Assist with the Donation of Eligible Meat & Poultry Products to
Non-Profit Organizations
Background
In the United States, food waste is estimated as constituting between 30-40 percent of
the food supply. This figure, based on estimates from USDA’s Economic Research
Service of a 31 percent food loss at the retail and consumer levels, corresponds to
approximately 133 billion pounds and $161 billion worth of food in 2010. Wasted food is
the single largest category of material placed in municipal landfills and represents
nourishment that could have helped feed families in need. Additionally, water, energy,
and labor used to produce wasted food could have been employed for other purposes.
Effectively reducing food waste will require cooperation among federal, state, tribal and
local governments, faith-based institutions, environmental organizations, communities,
and the entire supply chain.
In October 2018, the U.S. Department of Agriculture (USDA), the U.S. Environmental
Protection Agency (EPA), and the U.S. Food and Drug Administration (FDA) launched
the Winning on Reducing Food Waste Initiative in a formal agreement
. As part of the
initiative, the agencies affirmed their shared commitment to work towards the national
goal of reducing food loss and waste by 50 percent by 2030. The agencies agreed to
coordinate food loss and waste actions such as education and outreach, research,
community investments, voluntary programs, public-private partnerships, tool
development, technical assistance, event participation, and policy discussion on the
impacts and importance of reducing food loss and waste. While there have been
significant actions taken and commitments made through public-private partnerships to
date, there is still much work to be done. See USDA’s
Winning on Reducing Food
Waste page for more information on USDA’s commitment to this cause.
Meat and poultry businesses can be a critical component of reducing food loss and
waste. FSIS encourages establishments to donate meat and poultry products to non-
profit organizations, when possible, to reduce food loss and waste.
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Donation Flowchart
This table represents the most common questions establishments face when deciding
to donate meat or poultry products. More detailed information about each of these
questions and answers is included in the following pages.
Guidance for Donating Establishments
• Products Eligible for Donation
- Federally Inspected and Passed Products
Meat and poultry establishments may always donate federally-inspected meat and
poultry products that are safe, wholesome, and not misbranded to non-profit
organizations, such as charitable institutions, food banks, and government-supported
facilities (e.g., correctional facilities, child welfare facilities, homes for senior
populations, institutions for the physically or mentally ill, or similar qualifying institutions)
(see 21 U.S.C. 673(a)(5)(A) and 21 U.S.C. 467b(a)(5)(A)
).
- Misbranded and Economically Adulterated Products
Historically, safe and wholesome misbranded or economically adulterated meat and
poultry products (further defined below) could be donated to non-profit organizations
only after receiving temporary label approval from FSIS and marking each immediate
container with a “Not for Sale” statement. However, in order to facilitate the donation of
edible human food to non-profit organizations, FSIS has streamlined the donation
procedures for certain misbranded and economically adulterated meat or poultry
products. FSIS now allows official establishments to forego the temporary label
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approval and the marking of each immediate container with the “Not for Sale” statement
for some products, if the FSIS inspection program personnel can verify that the Bill of
Lading accompanying the products contains:
1. The quantity of the donated products;
2. A description of the donated products;
3. The reason products are diverted for donation (e.g., incorrect net weight); and
4. A statement that the products are “Not for Sale.”
If the products are misbranded because they contain unlabeled ingredients of public
health concern, the official establishment will have to take additional steps before
donating. FSIS requires a temporary label approval from FSIS’s Labeling and
Program Delivery Staff (LPDS) (9 CFR 412.1(f)(1)
), a “Not For Sale” statement on
each immediate container of these products, along with identification of the ingredients.
Ingredients of public health concern include the eight most common (“The Big 8”) food
allergens. “The Big 8” allergens are: wheat, Crustacean shellfish (i.e., shrimp, crab,
lobster), eggs, fish, peanuts, milk, tree nuts, and soybeans. Ingredients of public health
concern also include ingredients that may cause food intolerance, such as sulfur-based
preservatives (sulfites), lactose, Yellow 5 (tartrazine), gluten, and monosodium
glutamate (MSG). The adverse reactions to these substances are caused by the
ingredient itself or its chemical composition.
Products are economically adulterated when any valuable constituent in whole or in part
has been omitted or removed, when any less valuable substance has been substituted,
when any substance is added or mixed, or when packaging misrepresents the weight or
bulk making them appear to be of greater value (21 U.S.C. 601(m)(8) or
21 U.S.C.
453(g)(8)). In most cases of economic adulteration, a substance is added or
intentionally substituted for the purpose of increasing the apparent value of the product.
For example, a poultry carcass with added water that exceeds the maximum
percentage of water that may be retained under 9 CFR part 441 would be economically
adulterated, because the added water increases the product’s net weight and makes it
appear to be of greater value.
FSIS personnel will follow the instructions found in FSIS Directive 7020.1 Verifying
Donation of Misbranding and Economically Adulterated Meat and Poultry Products to
Non-Profit Organizations or
FSIS Directive 8410.1 Detention and Seizure when verifying
donations of misbranded or economically-adulterated meat and poultry products to non-
profit organizations.
- Products Intended for Export
Meat and poultry producers may be permitted to donate certain products intended for
export to domestic non-profit organizations if the products are safe and wholesome.
FSIS requires a temporary label approval (9 CFR 412.1(f)(1)
) for donated products
originally intended for export unless the label bears no deviations from domestic
requirements other than being labeled “For Export Only.” If any language on the
products’ labeling is not translated into English, the translation will need to accompany
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the application for temporary approval in order to provide LPDS with adequate
information.
- Sample Products
Meat and poultry producers may donate sample products to non-profit organizations.
Sample products are products that are made available for pre-market consumer
testing, are available to the general public, and are not for sale. Because sample
products are produced for general public consumption, they must be produced and
labeled in accordance with the meat and poultry products inspection regulations. More
information about sample products can be found in FSIS Directive 7000.2
Experimental
and Sample Products Policy.
• Products Ineligible for Donation
Below are two ineligible product types that industry frequently requests information on
donating. Additional products that are ineligible for donation are discussed in other
sections of this guideline.
- Adulterated Products
An official establishment cannot dispose of adulterated products by donating them to a
non-profit organization, except when products are found to only be economically
adulterated (21 U.S.C. 601(m)(8) or 21 U.S.C. 453(g)(8)), as discussed above.
Unwholesome, adulterated products may not be donated to non-profit organizations (21
U.S.C. 601(m)(3) or 21 U.S.C. 453(g)(3)).
- Experimental Products
Official establishments are not eligible to donate experimental products to non-profit
organizations. Experimental products are new or existing products that introduce a
new formulation or flavor. They are limited to research and development under the
control of the producing official establishment. Because experimental products are not
inspected, they may not enter commerce. More about experimental products can be
found in FSIS Directive 7000.2
Experimental and Sample Products Policy.
• Shipping Donated Products
The donating establishment, the shipping firm, and the receiving non-profit organization
all have a responsibility to maintain human food in an unadulterated state. More
information on keeping products safe during transport can be found in the
FSIS Safety
and Security Guidelines for the Transportation and Distribution of Meat, Poultry, and
Egg Products.
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• Labeling Donated Products
- Incorrect Standards of Identity
An establishment can donate products that do not meet the standard of identity listed on
the label (e.g., beef stew formulated with less than 25% beef) without having to contact
LPDS, but the reason the product doesn’t meet the standard of identity must be
mentioned in the bill of lading.
- Statement of Limited Use/ Distribution
An official establishment can donate products bearing a statement of limited use (e.g.,
“for further processing,” “for institutional use only”) to a non-profit organization.
A statement of limited distribution (i.e., “Not for Sale” or “For Charity Only”) is not
required on unadulterated, properly labeled meat or poultry products that are being
donated to non-profit organizations. However, FSIS recommends adding a statement of
limited distribution to the products’ labeling to avoid further distribution of products by
non-profit organizations. Such a statement may be generically-approved and added to
the products per 9 CFR part 412
. This statement can be applied to the immediate
containers, shipping container, or the bill of lading accompanying the donated products
to the non-profit organization.
The statement “Not for Sale” is required on the labeling of economically-adulterated or
misbranded products that have been detained by FSIS and disposed of by donation to
non-profit organizations, per 21 U.S.C. 673 (a)(5)(A)(ii) and 21 U.S.C. 467(a)(5)(A)(iii)
.
• Donating Products Produced Under Inspection Exemptions
- Can I Donate Meat Products Slaughtered and/or Processed under an
Exemption to Federal Inspection (see 9 CFR 303.1)?
Exemption Type
Eligible to Donate?
Personal Use
No
Custom Slaughter and Custom
Processing
No
Retail Store
Yes
Restaurant
Yes
Caterer
Yes
Restaurant Central Kitchen
Yes
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Further explanation of each meat inspection exemption type and its eligibility to
be donated is found in the
FSIS Guideline for Determining Whether a Livestock
Slaughter or Processing Firm is Exempt from the Inspection Requirements of the
Federal Meat Inspection Act.
- Can I Donate Poultry Products Slaughtered and/or Processed under an
Exemption to Federal Inspection (See 9 CFR 381.10)?
Exemption Type
Eligible to Donate?
Personal Use
No
Custom Slaughter/Processing
No
Producer/Grower 1,000 Bird Limit
Yes, intrastate
Producer/Grower 20,000 Bird Limit
Yes, intrastate
Producer/Grower or Other Person
(PGOP)
Yes, intrastate
Small Enterprise
Yes, intrastate
Retail Dealer
Yes
Retail Store
Yes
Further explanation of each poultry inspection exemption type and its eligibility
to be donated is found in the
Guidance for Determining Whether a Poultry Slaughter
or Processing Operation is Exempt from Inspection Requirements of the Poultry
Products Inspection Act. The guideline does not address exemption requirements
where state laws may be different from those in the Poultry Products Inspection Act
(PPIA) and FSIS/USDA regulations. States may have additional requirements and
regulations, beyond FSIS’s requirements, for donating products produced under the
Producer/Grower, PGOP, and Small Enterprise exemptions.
• Donation Recipients
- Donation to Schools for Human Consumption
An establishment can donate meat and poultry products to a school if the final products
are fully labeled and wholesome.
- Non-Profit Fundraiser
An establishment can donate products to a non-profit fundraiser to be sold if the
products are inspected and passed by FSIS.
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• Donating State-Inspected Products
Under the Cooperative Interstate Shipment
(CIS) program, certain state-inspected
establishments can operate the same as federally-inspected facilities. Under specific
conditions, these establishments can ship their products in interstate and international
commerce. Therefore, products produced under the CIS program are eligible for
donation. If a state-inspected establishment has not produced the product under the
CIS program, it is limited to donating product within its own state borders according to
state laws.
• Donating “Expired” Products
Producers can donate products past the “best if used by” or “sell by” date.
Manufacturers provide dating to help consumers and retailers decide when food is of
best quality. Except for infant formula, product dates are not an indicator of products’
safety and are not required by Federal law. The quality of perishable products may
deteriorate after the date passes, but the products should still be wholesome if not
exhibiting signs of spoilage. Spoiled foods will develop an off odor, flavor or texture due
to naturally occurring spoilage bacteria, making the food not wholesome. If a food has
developed such spoilage characteristics, it should not be eaten. FSIS recommends that
food banks, other charitable organizations, and consumers evaluate the quality of the
products before their distribution and consumption to determine if there are noticeable
changes in wholesomeness. More information on product dating can be found on
FSIS’s Food Product Dating page.
Guidance for Organizations Receiving Donated Products
• Relabeling (ID Services)
Non-profit organizations that repackage products need to ensure that the products they
receive and distribute are properly labeled. This is especially important with raw
products that may appear to be fully cooked (e.g., raw, breaded poultry products)
because some consumers might not know how to properly handle and cook the product.
Ensuring proper labeling can prevent inadequate cooking by consumers, reducing the
risk of foodborne illness.
A non-profit organization, such as a food bank, can receive federally inspected and
passed products in bulk, break bulk, repackage, label, and distribute them to customers
in need under the retail exemption to federal inspection (see 9 CFR 303.1(d)
and
381.10(d)). If the non-profit organization receives state-inspected products, they may
be distributed within the state only. The non-profit organization must ensure that the
repackaged products meet all FSIS labeling requirements that apply at retail: the name
of the product, the name and address of the manufacturer, packer or distributor of the
product (which can be the food bank), a list of ingredients if the product is made from
two or more ingredients, a special handling statements (like Keep Refrigerated) if
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product is perishable, nutrition information (unless an exemption applies, such as that
the product will not be sold) and safe-handling instructions (if not ready-to-eat) (see 9
CFR 317.2 and 381 Subpart N). In accordance with 9 CFR 303.1(f) and
9 CFR
381.10(a)(1), the adulteration and misbranding provisions of the FMIA and PPIA apply
to articles that are exempted from inspection. For a check list of required label features,
please visit
FSIS’s “Label Submission Checklist” page, and for more information on
labeling requirements, please visit FSIS’s Basics of Labeling page. Product exempt
from FSIS inspection must not bear the FSIS inspection legend.
• Retail Exemption- Preparation of Meat and Poultry Products at Non-Profit
Organizations
As mentioned above, non-profit organizations are eligible to prepare meat and poultry
products under the retail exemption. Retail exempt products may be donated as
retailers are required to use federally or state-inspected source materials when
preparing any meat or poultry products under the retail exemption found in
9 CFR
303.1(d) and 9 CFR 381.10(d). Retailers are subject to the licensing requirements of
state or local (county, city) authorities, while producing products under the retail
exemption, without FSIS inspection. The adulteration and misbranding provisions of the
FMIA and PPIA apply to products which are exempted from inspection.
