Sec. 135. Service of traditional foods in public facilities
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/bill/113/hr/3102/eh/section-135A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term food service program includes— food service at a residential child care facility with a license from an appropriate State agency; a child nutrition program (as defined in section 25(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769f(b) ); food service at a hospital or clinic or long term care facility; and a senior meal program. The terms Indian ; Indian tribe ; and Indian Tribal Organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ).
The term traditional food means food that has traditionally been prepared and consumed by an Indian tribe. The term traditional food includes— wild game meat; fish; seafood; marine mammals; plants; and berries. Notwithstanding any other provision of law, the Secretary shall allow the donation to and serving of traditional food through a food service program at a public facility, nonprofit facility, including facilities operated by an Indian tribe or tribal organization that primarily serves Indians if the operator of the food service program— ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, without further processing; makes a reasonable determination that— the animal was not diseased; the food was butchered, dressed, transported, and stored to prevent contamination, undesirable microbial growth, or deterioration; and the food will not cause a significant health hazard or potential for human illness; 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; cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food; and labels donated traditional food with the name of the food and 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.
Liability for damages from donated traditional food and products to the participating food service program shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of donated food.
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