If your facility meets the definition of “nonprofit food establishment” in 21 CFR 1.227, then you
do not have to register. The exemption from registration for nonprofit food establishments can
extend to a wide range of charitable entities, including those that prepare meals for consumption
through partner organizations, such as “Meals on Wheels” programs and soup kitchens,
regardless of whether the organization preparing the meal is the same organization that is
delivering or serving the meal to the consumer. The definition of “nonprofit food establishment”
in 21 CFR 1.227 includes central food banks, food pantries and meal delivery services. However,
an entity that does not satisfy the criteria of 26 U.S.C. 501(c)(3) would not meet the definition of
“nonprofit food establishment.” For instance, an entity that prepares meals at its facility and sells
them to other unaffiliated businesses or organizations (including non-profit organizations) that
subsequently offer/deliver those meals to individual consumers would not be a “nonprofit food
establishment” if the net earnings of the entity inure to the benefit of a private individual (such
that the entity does not meet the criteria of 26 U.S.C. 501(c)(3)). Such an entity would be
required to register, provided that none of the other exemptions in 21 CFR 1.226 apply.
