[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR73.735-502]



[Page 173]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

               Subpart E_Gifts, Entertainment, and Favors

 

Sec.  73.735-502  Permissible acceptance of gifts, entertainment, and 

favors.



    (a) An employee may accept a gift, gratuity, favor, entertainment, 

loan or similar favor of monetary value which stems from a family 

relationship such as that between the employee and his or her parents, 

spouse or children, if it is clear that the relationship is the 

motivating factor.

    (b) Loans from banks or other financial institutions may be accepted 

on customary terms.

    (c) Unsolicited advertising or promotional material such as pens, 

note pads, calendars and similar items of nominal intrinsic value may be 

accepted.

    (d) An employee may accept food or refreshment of nominal value on 

infrequent occasions in the ordinary course of a luncheon or dinner 

meeting or on an inspection tour only if the employee is properly in 

attendance and there is not a reasonable opportunity to pay.



    Example 1: Employee is on the premises of Company participating in a 

meeting at a normal mealtime. A representative of Company provides a 

meal for all meeting participants from a Company facility and there is 

no established method for payment. Employee may accept.

    Example 2: Employee is on the premises of Company and he or she goes 

outside for lunch with a representative of the Company. The 

representative offers to pay the bill. Since it is practical for the 

employee to pay for his or her own meal, the employee may not accept.



    (e) An employee may also accept food or refreshment of nominal value 

on infrequent occasions if the food and/or refreshment is offered to all 

participants or attendees of a meeting or convention.



    Example 1: During the course of a convention of a professional 

organization a luncheon open to all attendees is sponsored by a 

corporation which conducts business with the Department and the employee 

has official dealings with representatives of the corporation. The 

employee may attend the luncheon.