
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2485]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 147--COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND 
                          RECREATION ACTIVITIES
 
Sec. 2485. Donation of unusable food: commissary stores and 
        other activities
        
    (a) The Secretary of Defense may donate food described in subsection 
(b) to entities specified under subsection (d).
    (b) Food that may be donated under this section is commissary store 
food, mess food, meals ready-to-eat (MREs), rations known as 
humanitarian daily rations (HDRs), and other food available to the 
Secretary of Defense that--
        (1) is certified as edible by appropriate food inspection 
    technicians;
        (2) would otherwise be destroyed as unusable; and
        (3) in the case of commissary store food, is unmarketable and 
    unsaleable.

    (c) In the case of commissary store food, a donation under this 
section shall take place at the site of the commissary that is donating 
the food.
    (d) A donation under this section may only be made to an entity that 
is one of the following:
        (1) A charitable nonprofit food bank that is designated by the 
    Secretary of Defense or the Secretary of Health and Human Services 
    as authorized to receive such donations.
        (2) A State or local agency that is designated by the Secretary 
    of Defense or the Secretary of Health and Human Services as 
    authorized to receive such donations.
        (3) A chapter or other local unit of a recognized national 
    veterans organization that provides services to persons without 
    adequate shelter and is designated by the Secretary of Veterans 
    Affairs as authorized to receive such donations.
        (4) A not-for-profit organization that provides care for 
    homeless veterans and is designated by the Secretary of Veterans 
    Affairs as authorized to receive such donations.

    (e) This section does not authorize any service (including 
transportation) to be provided in connection with a donation under this 
section.

(Added Pub. L. 99-145, title XIV, Sec. 1460(a), Nov. 8, 1985, 99 Stat. 
764; amended Pub. L. 101-510, div. A, title III, Sec. 324(a), (b)(1), 
Nov. 5, 1990, 104 Stat. 1530; Pub. L. 104-201, div. A, title III, 
Sec. 365, Sept. 23, 1996, 110 Stat. 2494.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-201, Sec. 365(a), (b)(1), substituted 
``Secretary of Defense'' for ``Secretary of a military department'' and 
``entities specified under subsection (d)'' for ``authorized charitable 
nonprofit food banks''.
    Subsec. (b). Pub. L. 104-201, Sec. 365(a), (c), inserted ``rations 
known as humanitarian daily rations (HDRs),'' after ``(MREs),'' and 
substituted ``Secretary of Defense'' for ``Secretary of a military 
department''.
    Subsec. (d). Pub. L. 104-201, Sec. 365(b)(2), substituted ``may only 
be made to an entity that is one of the following:'' for ``may only be 
made to an entity that is authorized by the Secretary of Defense or the 
Secretary of Health and Human Services to receive donations under this 
section.'' and added pars. (1) to (4).
    1990--Pub. L. 101-510, Sec. 324(b)(1), substituted ``Donation of 
unusable food: commissary stores and other activities'' for ``Commissary 
stores: donation of unmarketable food'' in section catchline.
    Subsec. (a). Pub. L. 101-510, Sec. 324(a)(1), struck out 
``commissary store'' after ``donate''.
    Subsec. (b). Pub. L. 101-510, Sec. 324(a)(2), added subsec. (b) and 
struck out former subsec. (b) which read as follows: ``Food that may be 
donated under this section is food of a commissary store--
        ``(1) that is--
            ``(A) unmarketable;
            ``(B) unsaleable; and
            ``(C) certified as edible by appropriate food inspection 
        technicians; and
        ``(2) that would otherwise be destroyed as unusable.''
    Subsec. (c). Pub. L. 101-510, Sec. 324(a)(3), substituted ``In the 
case of commissary store food, a donation'' for ``A donation''.
