§1685 — Title 25 Indians | U.S. Code

Summary

The Secretary and the Commissioner must allow public and nonprofit food programs that mainly serve Indians to accept and serve donated traditional foods, including at facilities run by tribes. The program operator must make sure the food comes in as whole animals, gutted, gilled, cut into quarters, or as a roast with no extra processing. The operator must reasonably check that animals were not diseased, that the food was butchered, handled, transported, and stored to avoid contamination or spoilage, and that serving it will not create a serious health risk. The operator must keep any extra prep apart from other food prep to prevent cross-contamination, clean and sanitize equipment and surfaces afterward, label the donated food by name, store it separately, follow applicable food-safety laws, and follow any other rules the Secretary and Commissioner set. The law’s goals are to make traditional foods available, encourage their use to help reduce health gaps (especially for Alaska Natives), and give more food choices in programs. Short definitions: Alaska Native — member of a Native village, Village Corporation, or Regional Corporation; Commissioner — head of Food and Drugs; food service program — includes licensed residential child care food service, child nutrition programs, hospital/clinic/long-term care food service, and senior meal programs; Indian/Indian tribe and tribal organization — defined as in the Indian Self-Determination and Education Assistance Act; traditional food — foods a tribe has traditionally prepared and eaten (for example, wild game, fish, seafood, marine mammals, plants, and berries). The United States, tribes, tribal organizations, states, local agencies, and people who help donate, store, prepare, or serve these foods are not liable in civil lawsuits for harm from those donated traditional foods. This does not change the United States’ obligations under the Indian Self-Determination and Education Assistance Act.

Title 25, §1685

Indians — Source: USLM XML via OLRC

(a)The purposes of this section are—

(1)to provide access to traditional foods in food service programs;

(2)to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and

(3)to provide alternative food options for food service programs.

(b)In this section:

(1)The term “Alaska Native” means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in section 1602 of title 43).

(2)The term “Commissioner” means the Commissioner of Food and Drugs.

(3)The term “food service program” includes—

(A)food service at residential child care facilities that have a license from an appropriate State agency;

(B)any child nutrition program (as that term is defined in section 1769f(b) of title 42);

(C)food service at hospitals, clinics, and long-term care facilities; and

(D)senior meal programs.

(4)The terms “Indian” and “Indian tribe” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).11 See References in Text note below.

(5)(A)The term “traditional food” means food that has traditionally been prepared and consumed by an Indian tribe.

(B)The term “traditional food” includes—

(i)wild game meat;

(ii)fish;

(iii)seafood;

(iv)marine mammals;

(v)plants; and

(vi)berries.

(6)The term “tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).1

(c)The Secretary and the Commissioner shall allow the donation to and serving of traditional food through food service programs at public facilities and nonprofit facilities, including facilities operated by Indian tribes and facilities operated by tribal organizations, that primarily serve Indians if the operator of the food service program—

(1)ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, without further processing;

(2)makes a reasonable determination that—

(A)the animal was not diseased;

(B)the food was butchered, dressed, transported, and stored to prevent contamination, undesirable microbial growth, or deterioration; and

(C)the food will not cause a significant health hazard or potential for human illness;

(3)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;

(4)cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food;

(5)labels donated traditional food with the name of the food;

(6)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;

(7)follows Federal, State, local, county, tribal, or other non-Federal law regarding the safe preparation and service of food in public or nonprofit facilities; and

(8)follows other such criteria as established by the Secretary and Commissioner.

(d)(1)The United States, an Indian tribe, a tribal organization, a State, a county or county equivalent, a local educational agency, and an entity or person authorized to facilitate the donation, storage, preparation, or serving of traditional food by the operator of a food service program shall not be liable in any civil action for any damage, injury, or death caused to any person by the donation to or storage, preparation, or serving of traditional foods through food service programs.

(2)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. 1450 et seq.).1

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (b)(4), (6) and (d)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. section 4 of the Act was classified to section 450b of this title prior to editorial reclassification as section 5304 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables. Codification Section was enacted as part of the Agricultural Act of 2014, and not as part of the Indian Health Care Improvement Act which comprises this chapter. Section was formerly classified to section 443d of this title prior to editorial reclassification and renumbering as this section.

Amendments

2018—Subsec. (d)(1). Pub. L. 115–334 substituted “a tribal organization, a State, a county or county equivalent, a local educational agency, and an entity or person authorized to facilitate the donation, storage, preparation, or serving of traditional food by the operator of a food service program” for “and a tribal organization” and “donation to or storage, preparation, or serving of traditional foods” for “donation to or serving of traditional foods”.

§1685 Service of traditional foods in public facilities