# 26.401 Definitions.

As used in this subpart-

“Apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions, in accordance with (b)(2) of the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791(b)).

“Excess food” means food that-

1. 1. (1) Is not required to meet the needs of the executive agencies; and

   2. (2) Would otherwise be discarded.

      “Food-insecure” means inconsistent access to sufficient, safe, and nutritious food.

      “Nonprofit organization” means any organization that is-

   1. (1) Described in section 501(c) of the Internal Revenue Code of 1986; and

   2. (2) Exempt from tax under section 501(a) of that Code.