Can an establishment donate product that is found to be misbranded or mislabeled in some way to non-profit entities such as food banks, or soup kitchens?
A. Yes, if an establishment produces product that is found to be misbranded or mislabeled in some way, it may dispose of it by donating it to a non-profit organization, provided it has been found wholesome and not to be adulterated (except if economically adulterated) within the meanings of either the FMIA or PPIA. In addition, the products’ immediate containers must be plainly marked “Not for Sale.” Such labeling and supporting documentation must be submitted to the Labeling and Consumer Protection Staff for a temporary approval. Q.
Related Questions
- What are the labeling requirements for product donated by an establishment to a charitable organization if the product is misbranded or economically adulterated?
- Can an establishment donate product that is found to be misbranded or mislabeled in some way to non-profit entities such as food banks, or soup kitchens?
- From where does the authority come to allow establishments to donate misbranded products to non-profit organizations in lieu of other dispositions?
