[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR250.23]



[Page 469]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 250_DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS TERRITORIES 

AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION--Table of Contents

 

                 Subpart B_General Operating Provisions

 

Sec. 250.23  Buy American.



    (a) Purchase requirements. When purchasing food products with 

Federal funds, whenever possible, recipient agencies shall purchase only 

food products that are produced in the United States (U.S.). Food 

products produced in the U.S. means:

    (1) An unmanufactured food product produced in the U.S.; or

    (2) A food product manufactured in the U.S. primarily using food 

grown in the U.S.

    (b) Exceptions. The purchase requirements described in paragraph (a) 

of this section shall not apply in instances when the recipient agency 

determines: (1) Recipients have unusual or ethnic food preferences which 

can only be met through purchases of products not produced in the U.S.; 

(2) the product is not produced or manufactured in the U.S. in 

sufficient and reasonably available quantities of a satisfactory 

quality; (3) the cost of U.S. produced food products is significantly 

higher than foreign products, or (4) the recipient agency is located in 

Alaska, Hawaii, Guam, American Samoa, Puerto Rico, the Virgin Islands, 

or the Commonwealth of the Northern Mariana Islands.



[53 FR 27476, July 21, 1988, as amended at 58 FR 39122, July 22, 1993; 

67 FR 65015, Oct. 23, 2002]