United States Department of Agriculture

Food and Nutrition Service

Southeast Region

 

Policy Memorandum 250.13-03:  Donation of Leftover Food From School Cafeterias

 

This memorandum is a restatement of policy previously issued as Food Distribution Policy Memorandum 97-4 on December 16, 1996.  Any changes made to the original text are in bold.

 

This memorandum will serve to clarify policy with regard to the acceptability of donating leftover foods containing U.S. Department of Agriculture commodities which were prepared for the National School Lunch and School Breakfast Programs.  Many school food service directors believe that program regulations prohibit them from donating leftover prepared foods to organizations which feed the needy.

 

Schools may claim reimbursement for only one lunch served per child per day, and schools are expected to plan and prepare sufficient amounts of food to achieve this goal.  When the food actually prepared exceeds the amount needed for the reimbursable meal service, schools may dispose of the extra food, as long as they comply with State and local health standards.  Thus, schools may donate leftover foods to appropriate nonprofit institutions such as soup kitchens or homeless shelters provided such donations are not prohibited by State or local laws or ordinances.  We strongly encourage schools to consider this option whenever feasible.  This policy is in keeping with Secretary Glickman’s active promotion of local gleaning and food donation programs to feed the poor and homeless.

 

To safeguard against liability for transportation, storage and safe food handling problems, it is recommended that both the donating schools and any recipient organization enter into a contractual agreement with clearly defined responsibilities which are based on food health protection guidelines, codified good Samaritan laws, and food health and safety rules.  Such action will reduce the risks inherent in this type of operation.  Sample contracts and a set of food guidelines are available from this office upon request.

 

Please ensure that your schools are made aware of this worthwhile option for disposing of leftover foods without waste.