7 U.S.C. § 1732 — Definitions

Page 991 TITLE 7—AGRICULTURE § 1732 1979—Subsec. (b)(2). Pub. L. 96–53 substituted ‘‘to or interference with domestic production or marketing in’’ for ‘‘to domestic production in’’. 1977—Subsec. (a). Pub. L. 95–113 inserted provisions under which commodities may be made available for disposition if the Secretary of Agriculture determines that some part of the supply of commodities should be used to carry out urgent humanitarian purposes, even though such disposition would reduce the domestic sup- ply of those commodities below that needed to meet do- mestic requirements, provide adequate carryover, and allow for anticipated exports. Pub. L. 95–88 designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 95–88 added subsec. (b). 1966—Pub. L. 89–808 substituted provisions relating to determination and criteria for such determination by the Secretary of Agriculture of agricultural commod- ities available for disposition for former statement of purpose of provisions relating to long-term supply con- tracts, now covered by subchapter II of this chapter. 1962—Pub. L. 87–703 included in the statement of pur- pose the stimulation and increase of sales of surplus ag- ricultural commodities for dollars through long-term supply contracts and through the extension of credit for the purchase of such commodities, by agreements with friendly nations or with private trade. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective Jan. 1, 1991, see section 1513 of Pub. L. 101–624, set out as a note under section 1691 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of Title 22, Foreign Relations and Inter- course. EFFECTIVE DATE OF 1977 AMENDMENTS Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. Amendment by Pub. L. 95–88 effective Oct. 1, 1977, see section 215 of Pub. L. 95–88, set out as a note under sec- tion 1702 of this title. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–808 effective Jan. 1, 1967, see section 5 of Pub. L. 89–808, set out as a note under section 1691 of this title. EXPORT SALES OF DAIRY PRODUCTS Pub. L. 99–198, title XI, § 1163, Dec. 23, 1985, 99 Stat. 1499, as amended by Pub. L. 100–435, title I, § 107, Sept. 19, 1988, 102 Stat. 1651; Pub. L. 101–624, title I, § 111, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 103–465, title IV, § 411(c), Dec. 8, 1994, 108 Stat. 4963, provided that: ‘‘(a) In each fiscal year, the Secretary of Agriculture may sell dairy products for export, at such prices as the Secretary determines appropriate, in a quantity and al- located as determined by the Secretary, consistent with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, if the dis- position of the commodities will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. ‘‘(b) Such sales shall be made through the Commodity Credit Corporation under existing authority available to the Secretary or the Commodity Credit Corporation. ‘‘(c) Through September 30, 1995, the Secretary shall report semiannually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the volume of sales made under this section.’’ [Amendment of section 1163 of Pub. L. 99–198, set out above, by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise pro- vided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Cus- toms Duties.] [Amendment of section 1163 of Pub. L. 99–198, set out above, by Pub. L. 100–435 effective and implemented on Oct. 1, 1988, see section 701 of Pub. L. 100–435, set out as a note under section 2012 of this title.] § 1732. Definitions As used in this chapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Agency for International Development, unless otherwise specified in this chapter. (2) Agricultural commodity The term ‘‘agricultural commodity’’, unless otherwise provided for in this chapter, in- cludes any agricultural commodity or the products thereof produced in the United States, including wood and processed wood products, fish, and livestock as well as value- added, fortified, or high-value agricultural products. Effective beginning on October 1, 1991, for purposes of subchapter III, a product of an agricultural commodity shall not be con- sidered to be produced in the United States if it contains any ingredient that is not produced in the United States, if that ingredient is pro- duced and is commercially available in the United States at fair and reasonable prices. (3) Appropriate committee of Congress The term ‘‘appropriate committee of Con- gress’’ means— (A) the Committee on Agriculture, Nutri- tion, and Forestry of the Senate; (B) the Committee on Agriculture of the House of Representatives; and (C) the Committee on Foreign Affairs of the House of Representatives. (4) Cooperative The term ‘‘cooperative’’ means a private sec- tor organization whose members own and con- trol the organization and share in its services and its profits and that provides business serv- ices and outreach in cooperative development for its membership. (5) Developing country The term ‘‘developing country’’ means a country that has a shortage of foreign ex- change earnings and has difficulty meeting all of its food needs through commercial chan- nels. (6) Food security The term ‘‘food security’’ means access by all people at all times to sufficient food and nutrition for a healthy and productive life. (7) Nongovernmental organization The term ‘‘nongovernmental organization’’ means an organization that works at the local Page 992 TITLE 7—AGRICULTURE § 1733 level to solve development problems in a for- eign country in which the organization is lo- cated, except that the term does not include an organization that is primarily an agency or instrumentality of the government of the for- eign country. (8) Private voluntary organization The term ‘‘private voluntary organization’’ means a not-for-profit, nongovernmental orga- nization (in the case of a United States organi- zation, an organization that is exempt from Federal income taxes under section 501(c)(3) of title 26) that receives funds from private sources, voluntary contributions of money, staff time, or in-kind support from the public, and that is engaged in or is planning to engage in voluntary, charitable, or development as- sistance activities (other than religious activi- ties). (9) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture, unless otherwise specified in this chapter. (July 10, 1954, ch. 469, title IV, § 402, as added Pub. L. 86–341, title I, § 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 87–703, title II, § 201(2), Sept. 27, 1962, 76 Stat. 611; Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub. L. 92–42, July 1, 1971, 85 Stat. 99; Pub. L. 95–113, title XII, § 1205, Sept. 29, 1977, 91 Stat. 956; Pub. L. 96–72, § 24, Sept. 29, 1979, 93 Stat. 536; Pub. L. 97–98, title XII, § 1213, Dec. 22, 1981, 95 Stat. 1281; Pub. L. 98–623, title IV, § 405(b), Nov. 8, 1984, 98 Stat. 3409; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3645; Pub. L. 104–127, title II, § 211(b), Apr. 4, 1996, 110 Stat. 955; Pub. L. 110–246, title III, § 3015, June 18, 2008, 122 Stat. 1826.) Editorial Notes AMENDMENTS 2008—Pars. (3) to (9). Pub. L. 110–246 added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respec- tively. 1996—Par. (6). Pub. L. 104–127 added par. (6) and struck out heading and text of former par. (6). Prior to amend- ment, text read as follows: ‘‘The term ‘indigenous non- governmental organization’ means an organization that operates under the laws of the recipient country, or that has its principal place of activity in such coun- try, and that works at the local level to solve develop- ment problems in the foreign country in which it is lo- cated, except that the term does not include an organi- zation that is primarily an agent or instrumentality of the foreign government.’’ 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions defining ag- ricultural commodity. 1984—Pub. L. 98–623 inserted ‘‘(including fish, without regard to whether such fish are harvested in aquacultural operations)’’ and struck out provision that subject to the availability of appropriations there- for, any domestically produced fishery product could be made available under this chapter. 1981—Pub. L. 97–98 substituted ‘‘wine, beer, distilled spirits, or other alcoholic beverage’’ for ‘‘wine or beer’’. 1979—Pub. L. 96–72 inserted reference to beer. 1977—Pub. L. 95–113 required that in allocation of funds made available under subchapter II of this chap- ter priority be given to financing the sale of food and fiber commodities. 1971—Pub. L. 92–42 inserted sentence that proviso ex- cluding alcoholic beverages from term ‘‘agricultural commodity’’ shall not be construed as prohibiting do- mestic wine industry from participating in market de- velopment activities for expansion of export sales of domestic agricultural commodities. 1966—Pub. L. 89–808 substituted definition of agricul- tural commodity and provisions as to availability of fishery products for former provisions respecting agree- ments for delivery of surplus agricultural commodities, period, and security for payments in relation to long- term supply contracts, now covered by subchapter II of this chapter. See section 1707 of this title. 1962—Pub. L. 87–703 authorized executive agreements with financial institutions acting in behalf of friendly nations and administrative sales agreements with for- eign and United States private trade with provision for security for payments. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective Jan. 1, 1991, see section 1513 of Pub. L. 101–624, set out as a note under section 1691 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–623 to be considered as hav- ing taken effect before Sept. 8, 1982, for purposes of sec- tion 135 of Pub. L. 97–253 (set out as a note under sec- tion 612c of this title), see section 405(d) of Pub. L. 98–623, set out as a note under section 1707a of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–808 effective Jan. 1, 1967, see section 5 of Pub. L. 89–808, set out as a note under section 1691 of this title. § 1733. General provisions (a) Prohibition No agricultural commodity, food procured outside of the United States, food voucher, or cash transfer for food shall be made available under this chapter unless it is determined that— (1) in the case of the provision of an agricul- tural commodity, adequate storage facilities will be available in the recipient country at the time of the arrival of the commodity to prevent the spoilage or waste of the com- modity; and (2) the distribution of the agricultural com- modity or use of the food procured outside of the United States, food voucher, or cash trans- fer for food in the recipient country will not result in a substantial disincentive to or inter- ference with domestic production or mar- keting in that country. (b) Impact on local farmers and economy The Secretary or the Administrator, as appro- priate, shall ensure that the importation of United States agricultural commodities, the use