If a food bank meets the definition of “nonprofit food establishment,” as defined in 21 CFR
1.227, the food bank does not have to register. “Nonprofit food establishment” is defined as “a
charitable entity that prepares or serves food directly to the consumer or otherwise provides food
or meals for consumption by humans or animals in the United States. The term includes central
food banks, soup kitchens, and nonprofit food delivery services. To be considered a nonprofit
food establishment, the establishment must meet the terms of section 501(c)(3) of the U.S.
Internal Revenue Code (26 U.S.C. 501(c)(3)).” Distributing donated or rescued food, either
directly to the consumer or to other charitable organizations, such as food pantries, soup kitchens
or meal delivery services, are activities within the definition of non-profit food establishment
because the food is provided for consumption by humans or animals.
In addition, some food pantries where individuals can visit to obtain food may also be considered
non-profit food establishments, provided they meet the definition in 21 CFR 1.227.
