SNHD Regulations Governing the Sanitation of Food Establishments (Regulations) applies to all food stored in a permitted establishment. The Regulations do not specifically address food for donation. Food donated to a food bank or other permit exempt charitable organization is no longer under SNHD regulations when it leaves the permitted establishment.

No, however it is recommended that all food for donation is labeled and kept separate from food for the establishment.

The Bill Emerson Good Samaritan Food Donation Act protects food donors, including individuals and nonprofit feeding programs, who act in good faith should the donated product later cause harm to its recipient.

Regulations apply to all food stored in a permitted establishment, including storage temperatures and cooling conditions for Time/Temperature Control for Safety (TCS) foods. Expired hermetically-sealed, perishable food and non-TCS foods for donation must be labeled.

Food banks and other permit exempt charitable organizations may receive some products that are near or past the expiration date, with the exception of infant formula and baby food. Work with the specific organization to see what food products they accept.