The SNHD 2023 Food Regulations (Regulations) apply 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 the 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.

Charitable and other nonprofit organizations that receive salvaged food in bulk quantities for free distribution are exempt from the SNHD regulatory authority per NRS 446.020.

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.

The 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, except for infant formula and baby food. Work with the specific organization to see what food products they accept.

Contact the Food Operations inspector or the general inquiry link for additional questions. Food donation safety tips can also be found on the “FDA Surplus, Salvaged, and Donated Foods – Safety Tips” site: www.fda.gov.