Frequently Asked Questions
What is the Berry Amendment?
The Berry Amendment requires the Department of Defense (DoD) generally to buy food that is grown, processed, or produced in the United States.
The Berry Amendment allows for the acquisition of foods manufactured or processed in the United States , regardless of where the foods or any components were grown or produced. However, seafood that DoD purchases must be caught from the sea by United States flag vessels or obtained from fishing in the United States . Any processing or manufacturing of the seafood must be performed on a United States flag vessel or in the United States .
There are a number of exceptions to the general rule, including several that apply to food procurements outside the United States : emergency procurements; procurements of perishable foods; procurements by vessels in foreign waters; procurements outside the United States in support of combat operations; and procurements in support of contingency operations. The full coverage of the Berry Amendment can be found in the DoD Federal Acquisition Regulation Supplement(DFARS) at 225.7002 , Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.
Contracts in support of certain United States operations in the Middle East fit the above exceptions, in particular, the perishable food, combat operations, and/or contingency operations exceptions to the Berry Amendment. The perishable food exception now covers acquisitions for, as well as by, activities located outside the United States for personnel of those activities.