[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.