Sec. 4. Service of traditional foods in food service programs
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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 or a nonprofit facility, including a facility operated by an Indian tribe or a 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.
The United States, an Indian tribe, and a tribal organization shall not be liable in any civil action for any damage, injury, or death caused to any person by the donation to or serving of traditional foods through a food service program. Nothing in paragraph
(1)alters any liability or other obligation of the United States under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ).
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Sec. 4
Service of traditional foods in food service programs
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