From where does the authority come to allow establishments to donate misbranded products to non-profit organizations in lieu of other dispositions?
A. Section 403(a)(5)(A) of the FMIA states: “An article that is condemned under paragraph (1) may as the court may direct, after entry of the decree, be distributed without charge to non-profit, private entities or to federal, state, or local government entities engaged in the distribution of food without charge to individuals, if such article- (i) has been inspected under this Act and found to be wholesome and not to be adulterated within the meaning of the paragraphs (1) through (7) and (9) of section 1 (m) and a determination is made at the time of the entry of the decree that such article is wholesome and not so adulterated; and (ii) is plainly marked “Not for Sale” on such article or its container.” There is parallel language in the PPIA. The above quoted section of the FMIA speaks directly to the disposition of products detained in commerce. However, the Agency has also deemed that it is appropriate to allow the donation to non-profit organizations, products found at establishmen
