CFR > Title 7 - Agriculture > SUBTITLE B—Regulations of the Department of Agriculture > CHAPTER II—FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE (parts 210 to 296) > SUBCHAPTER B—GENERAL REGULATIONS AND POLICIES—FOOD DISTRIBUTION (parts 250 to 254) > PART 250—DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION > SUBPART B—General Operating Provisions (§250.10 to §250.24) > 250.23—Buy American.

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.

Code of Federal Regulations

[53 FR 27476, July 21, 1988, as amended at 58 FR 39122, July 22, 1993; 67 FR 65015, Oct. 23, 2002]