All products that come to your agency from Second Harvest are under the jurisdiction of the U.S. Internal Revenue Service, and are federal property. They were donated for charitable use under the provisions of Section 170(e)(3) of the IRS Code. Under this Code, your only lawful use of such products is to provide them absolutely free of charge to the ill, the needy and/or infants in full compliance with your agreement with Second Harvest. This means:
Second Harvest programs are provided for the benefit of the member agencies and the people they serve. We must rely on our member agencies to ensure that products are served only to those whom food banking is intended to benefit. Any abuse of Second Harvest products will result in immediate and unconditional expulsion from the program.
We emphasize this because Second Harvest products may tempt otherwise honest, law-abiding people to break the law. DON'T DO IT! Penalties for misappropriating donated products are severe. Convicted offenders face up to 20 years in prison and fines of up to $20,000.