(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.
In this section:
(1) Alaska Native
The term “Alaska Native” means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in section
1602 of title
The term “Commissioner” means the Commissioner of Food and Drugs.
(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
(C)food service at hospitals, clinics, and long-term care facilities; and
(D)senior meal programs.
(4) Indian; Indian tribe
The terms “Indian” and “Indian tribe” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(5) Traditional food
(A) In general
The term “traditional food” means food that has traditionally been prepared and consumed by an Indian tribe.
The term “traditional food” includes—
(i)wild game meat;
(6) Tribal organization
The term “tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
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.
(1) In general
The United States, an Indian tribe, and a tribal organization shall not be liable in any civil action for any damage, injury, or death caused to any person by the donation to or serving of traditional foods through food service programs.
(2) Rule of construction
Nothing in paragraph (1) alters any liability or other obligation of the United States under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 1450  et seq.).
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (d)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to subchapter II (§ 450 et seq.) of chapter
14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section
450 of this title and Tables.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.