United States Department of Agriculture
Food and Nutrition Service
Southeast Region
Policy Memorandum 250.13-08: Transfer of Cosmetically Damaged Commodities
The purpose of this memorandum is to clarify the policy of Food and Nutrition Service (FNS) regarding the transfer of commodities that have been “cosmetically” damaged—e.g., have stained or mutilated labels, or cans with minor dents or rust. Section 250.13 (a)(1)(iii) of the Food Distribution Program regulations allows the transfer of commodities provided as part of an approved food package (i.e., in the Commodity Supplemental Food Program (CSFP), or the Food Distribution Program on Indian Reservations (FDPIR)) to another program, with the approval of the FNS Regional Office.
While distribution of a commodity to a household with “cosmetic” damage may adversely impact customer relations, the appearance of the package in which the commodity is contained would not be an issue with organizations that provide prepared meals for the needy, such as soup kitchens. Thus, transferring cosmetically damaged commodities to such organizations would result in the commodities being used to provide food assistance to the needy rather than being destroyed. Such action is consistent with the food recovery efforts being fostered under the direction of the Secretary of Agriculture. Therefore, we encourage the approval of requests to transfer commodities provided for distribution through the CSFP and the FDPIR that have cosmetic damage to organizations providing food assistance to the needy as prepared meals. Before approving such a transfer, the FNS Regional Office must be assured that the food is indeed safe for human consumption.