25 USC 1685 - Service of traditional foods in public facilities

U.S Code last checked for updates: Jan 18, 2025

§ 1685.

Service of traditional foods in public facilities

(a)

Purposes

The purposes of this section are—

(1)

to provide access to traditional foods in food service programs;

(2)

to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and

(3)

to provide alternative food options for food service programs.

(b)

Definitions

In this section:

(1)

Alaska Native

(2)

Commissioner

(3)

Food service program

The term “food service program” includes—

(A)

food service at residential child care facilities that have a license from an appropriate State agency;

(B)

any child nutrition program (as that term is defined in section 1769f(b) of title 42);

(C)

food service at hospitals, clinics, and long-term care facilities; and

(D)

senior meal programs.

(4)

Indian; Indian tribe

(5)

Traditional food

(A)

In general

(B)

Inclusions

The term “traditional food” includes—

(i)

wild game meat;

(ii)

fish;

(iii)

seafood;

(iv)

marine mammals;

(v)

plants; and

(vi)

berries.

(6)

Tribal organization

(c)

Program

The Secretary and the Commissioner shall allow the donation to and serving of traditional food through food service programs at public facilities and nonprofit facilities, including facilities operated by Indian tribes and facilities operated by tribal organizations, that primarily serve Indians if the operator of the food service program—

(1)

ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, without further processing;

(2)

makes a reasonable determination that—

(A)

the animal was not diseased;

(B)

the food was butchered, dressed, transported, and stored to prevent contamination, undesirable microbial growth, or deterioration; and

(C)

the food will not cause a significant health hazard or potential for human illness;

(3)

carries out any further preparation or processing of the food at a different time or in a different space from the preparation or processing of other food for the applicable program to prevent cross-contamination;

(4)

cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food;

(5)

labels donated traditional food with the name of the food;

(6)

stores the traditional food separately from other food for the applicable program, including through storage in a separate freezer or refrigerator or in a separate compartment or shelf in the freezer or refrigerator;

(7)

follows Federal, State, local, county, tribal, or other non-Federal law regarding the safe preparation and service of food in public or nonprofit facilities; and

(8)

follows other such criteria as established by the Secretary and Commissioner.

(d)

Liability

(1)

In general

(2)

Rule of construction

(Pub. L. 113–79, title IV, § 4033, Feb. 7, 2014, 128 Stat. 818; Pub. L. 115–334, title IV, § 4203, Dec. 20, 2018, 132 Stat. 4656.)

cite as: 25 USC 1685