---
kind: "section"
citation: "48 C.F.R. § 22.604-1"
title: "48"
number: "22.604-1"
heading: "Statutory exemptions."
url: "https://uscodex.org/cfr/48/22.604-1"
---

# §22.604-1. Statutory exemptions.


Contracts for acquisition of the following supplies are exempt from the statute:

- (a) Any item in those situations where the contracting officer is authorized by the express language of a statute to purchase “in the open market” generally (such as commercial products and commercial services, see [part 12](/cfr/48/part12.md)); or where a specific purchase is made under the conditions described in 6.302-2 in circumstances where immediate delivery is required by the public exigency.
- (b) **Perishables, including dairy, livestock, and nursery products.**
- (c) **Agricultural or farm products processed for first sale by the original producers.**
- (d) Agricultural commodities or the products thereof purchased under contract by the Secretary of Agriculture.

## Notes

### Amendments

[48 FR 42258, Sept. 19, 1983, as amended at 53 FR 4944, Feb. 18, 1988; 60 FR 48248, Sept. 18, 1995; 79 FR 24205, Apr. 29, 2014; 86 FR 61028, Nov. 4, 2021]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42258, Sept. 19, 1983, unless otherwise noted.

### Amendments

[48 FR 42258, Sept. 19, 1983, as amended at 53 FR 4944, Feb. 18, 1988; 60 FR 48248, Sept. 18, 1995; 79 FR 24205, Apr. 29, 2014; 86 FR 61028, Nov. 4, 2021]