    [Public Papers of the Presidents of the United States: William J. Clinton (1996, Book II)]
    [November 23, 1996]
    [Pages 2146-2147]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Food Recovery Efforts
    November 23, 1996

    Memorandum for the Heads of Executive Departments and Agencies

    Subject: Promoting Food Recovery Activities to Help the Hungry

        The American people are blessed with a country rich in natural
    resources, land that supports an abundance of nutritious food, and an
    agricultural production and distribution system that is among the most
    efficient and productive in the world. Thanks to our American
    agricultural system, most of us are free to enjoy diets rich in both
    variety and nutrition. However, sometimes food is wasted that could
    otherwise be used to help Americans who are less fortunate and need a
    helping hand. Food recovery--the collection and donation of surplus
    food--can help those Americans in need.
        Food recovery by the Federal Government allows us to use part of the
    immense food resources that otherwise would go to waste, enabling us to
    share it with those in need at no cost to the Federal Government. For
    example, the Department of Agriculture has supported food recovery for
    packaged foods for years and, during the past year, has undertaken a
    national initiative to help Americans recover food of a highly
    perishable, but nutritious, nature. The food recovered by Federal
    agencies is mostly prepared in restaurants, hotels, cafeterias, and
    other institutional settings and would otherwise have been thrown away.
    In carrying out this activity, thousands of hungry people have been fed
    at no cost to the taxpayer.
        Recently, I signed into law the Bill Emerson Good Samaritan Food
    Donation Act of 1996, legislation to encourage the donation of food and
    grocery products to nonprofit organizations for distribution to needy
    individuals. This law supports food recovery activities by clarifying
    that, absent gross negligence or intentional misconduct, persons,
    gleaners, and nonprofit organizations shall not be subject to civil or
    criminal liability arising from the nature, age, packaging, or condition
    of apparently wholesome food or an apparently fit grocery product
    donated, or received as a donation, in good faith, for distribution to
    needy individuals. The Act also establishes uniform definitions
    pertaining to donation and distribution of nutritious food; and helps
    assure that donated foods meet all safety, quality, and labeling
    standards of Federal, State, and local laws and regulations.
        While this Act will help support food recovery in the private
    sector, we in the Federal Government can do more to help as well. I want
    to

    [[Page 2147]]

    ensure that it is the Federal Government's policy to promote food
    recovery and to encourage the use of voluntary efforts to assure that no
    wholesome food goes to waste that can economically be provided to
    persons in need. I hereby direct the heads of all Departments and
    Agencies (``agency'') to ensure that their employees, contractors,
    grantees, State and local partners, and others understand this policy
    and the following guidelines.
        Section 1. Policy. It is hereby declared to be the policy of the
    Federal Government to promote the donation of excess apparently
    wholesome food and apparently fit grocery products to nonprofit
    organizations for distribution to needy individuals to assure that no
    such food goes to waste that can economically be provided to persons in
    need.
        Sec. 2. Procedures.
        (a) Each Federal agency shall, to the extent practicable and
    permitted by law, seek to increase the quantity of excess wholesome food
    recovered and delivered to needy Americans from agency cafeterias,
    commissaries, food vendors, and other food service facilities, as well
    as from special events at which food is served.
        (b) Each Federal agency shall seek to encourage food recovery among
    its contractors, subcontractors, State, local, and non-governmental
    partners, and grantees to ensure that they understand its importance and
    role in feeding needy individuals.
        (c) Whenever consistent with the goals of each Federal agency's
    mission and programs, each agency shall incorporate food recovery
    activities into those programs.
        Sec. 3. Organization.
        (a) There is hereby established for 5 years the interagency working
    group on Food Recovery to Help the Hungry charged with carrying out the
    policy of this memorandum and assisting agencies in complying with its
    purpose. The Secretary of Agriculture, or the Secretary's designee,
    shall chair this working group. The working group shall comprise the
    heads of all Federal agencies or their designees.
        (b) The head of each Federal agency, as appropriate, shall appoint
    an employee as that agency's food recovery coordinator.
        Sec. 4. Agency Authority. Nothing in this memorandum shall be
    construed as displacing any agency's authority or responsibilities.
        Sec. 5. Judicial Review. This directive is intended only to improve
    the internal management of the Federal Government and is not intended to
    create any right or benefit, substantive or procedural, enforceable at
    law or equity by a party against the United States, its agencies, its
    offices, or any person.

                                                          William J. Clinton

    Note: H.R. 2428, approved October 1, to encourage the donation of food
    and grocery products to nonprofit organizations for distribution to
    needy individuals by giving the Model Good Samaritan Food Donation Act
    the full force and effect of law, was assigned Public Law No. 104-210.