Can non-profit organizations charge a fee to consumers for the meals served that they produce with meat or poultry processed at retail and donated by retail stores?
A. Yes, non-profit organizations may use meat or poultry products processed at retail stores to produce and serve meals and charge for those meals. However, such transactions are subject to limitations in accordance with the FMIA and PPIA. When a non-profit organization’s food service operation charges for meals served, it is in essence operating as a restaurant. Restaurants are defined in 9 CFR 303.