§1685 Service of Traditional Foods in Public Facilities

Summary

Federal officials must allow public and nonprofit food programs that mainly serve Native people to accept and serve donated traditional Native foods. The goal is to give access to these foods, encourage eating them to help health, and offer more food choices. Programs can serve foods like wild game, fish and seafood, marine mammals, plants, and berries. To do this, the food must be received whole, gutted, gilled, in quarters, or as a roast and not further processed. The program operator must check that the animal was not sick, that the food was handled and stored to avoid contamination, that it won’t create a health hazard, and that any cooking or cutting is done at a different time or place than other foods to avoid cross-contamination. They must clean and sanitize surfaces and utensils, label the donated food with its name, store it separately, follow safety laws, and meet any other rules the officials set. “Alaska Native,” “Indian,” “Indian tribe,” and “tribal organization” use their usual legal meanings. The Commissioner means the Commissioner of Food and Drugs. The rule covers child care food, child nutrition programs, hospital and long‑term care food services, and senior meal programs. The United States, tribes, tribal organizations, states, counties, local education agencies, and people helping with donations are not civilly liable for harm from donating, storing, preparing, or serving these traditional foods. That does not change U.S. obligations under the Indian Self‑Determination and Education Assistance Act.