§ 7507. State and local supplementation of com-
modities
(a) Authorization
The
Secretary
shall
establish
procedures
under which State and local agencies, charitable
institutions, or any other persons may supple-
ment the commodities distributed under the
program authorized by this chapter for use by
emergency feeding organizations with nutritious
and wholesome commodities that such entities
or persons donate to State agencies and emer-
gency feeding organizations for distribution, in
all or part of the State, in addition to the com-
modities otherwise made available under this
chapter.
(b) Use of funds and facilities
States and emergency feeding organizations
may use the funds appropriated under this chap-
ter and equipment, structures, vehicles, and all
other facilities involved in the storage, han-
dling, or distribution of commodities made
available under this chapter, and the personnel,
both paid or volunteer, involved in such storage,
handling, or distribution, to store, handle or dis-
tribute commodities donated for the use of
emergency feeding organizations under sub-
section (a).
(c) Volunteer workers
State and emergency feeding organizations
shall continue, to the maximum extent prac-
ticable, to use volunteer workers and commod-
ities and other foodstuffs donated by charitable
and other organizations in the operation of the
program authorized by this section.
(d) Projects to harvest, process, package, or
transport donated commodities
(1) Definition of project
In this subsection, the term ‘‘project’’ means
the harvesting, processing, packaging, or
transportation of unharvested, unprocessed, or
unpackaged commodities donated by agricul-
tural producers, processors, or distributors for
use by emergency feeding organizations und
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Page 2044
TITLE 7—AGRICULTURE
§ 7506
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–435 to be effective and im-
plemented on Oct. 1, 1988, see section 701(a) of Pub. L.
100–435, set out as a note under section 2012 of this title.
EFFECTIVE DATE
Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided
in part that this section is effective Oct. 1, 1983.
§ 7506. Assurances; anticipated use
(a) The Secretary shall take such precautions
as the Secretary deems necessary to assure that
any eligible recipient agency receiving commod-
ities under this chapter will provide such com-
modities to persons served by the eligible recipi-
ent agency and will not diminish its normal ex-
penditures for food by reason of the receipt of
such commodities. The Secretary shall also take
such precautions as the Secretary deems nec-
essary to assure that commodities made avail-
able under this chapter will not displace com-
mercial sales of such commodities or the prod-
ucts thereof. The Secretary shall not make com-
modities available for donation in any quantity
or manner that the Secretary, in the Secretary’s
discretion, determines may, substitute for the
same or any other agricultural produce that
would otherwise be purchased in the market.
(b) Commodities provided under this chapter
shall be distributed only in quantities that can
be consumed without waste. No eligible recipi-
ent agency may receive commodities under this
chapter in excess of anticipated use, based on in-
ventory records and controls, or in excess of its
ability to accept and store such commodities.
(Pub. L. 98–8, title II, § 203C, as added Pub. L.
98–92, § 2(5), Sept. 2, 1983, 97 Stat. 610; amended
Pub. L. 99–198, title XV, § 1566, Dec. 23, 1985, 99
Stat. 1591; Pub. L. 104–66, title I, § 1011(k), Dec.
21, 1995, 109 Stat. 710.)
Editorial Notes
AMENDMENTS
1995—Subsec. (a). Pub. L. 104–66 struck out at end
‘‘The Secretary shall submit to Congress each year a
report as to whether and to what extent such displace-
ments or substitutions are occurring.’’
1985—Subsec. (a). Pub. L. 99–198 inserted at end ‘‘The
Secretary shall submit to Congress each year a report
as to whether and to what extent such displacements or
substitutions are occurring.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided
in part that this section is effective Oct. 1, 1983.
§ 7507. State and local supplementation of com-
modities
(a) Authorization
The
Secretary
shall
establish
procedures
under which State and local agencies, charitable
institutions, or any other persons may supple-
ment the commodities distributed under the
program authorized by this chapter for use by
emergency feeding organizations with nutritious
and wholesome commodities that such entities
or persons donate to State agencies and emer-
gency feeding organizations for distribution, in
all or part of the State, in addition to the com-
modities otherwise made available under this
chapter.
(b) Use of funds and facilities
States and emergency feeding organizations
may use the funds appropriated under this chap-
ter and equipment, structures, vehicles, and all
other facilities involved in the storage, han-
dling, or distribution of commodities made
available under this chapter, and the personnel,
both paid or volunteer, involved in such storage,
handling, or distribution, to store, handle or dis-
tribute commodities donated for the use of
emergency feeding organizations under sub-
section (a).
(c) Volunteer workers
State and emergency feeding organizations
shall continue, to the maximum extent prac-
ticable, to use volunteer workers and commod-
ities and other foodstuffs donated by charitable
and other organizations in the operation of the
program authorized by this section.
(d) Projects to harvest, process, package, or
transport donated commodities
(1) Definition of project
In this subsection, the term ‘‘project’’ means
the harvesting, processing, packaging, or
transportation of unharvested, unprocessed, or
unpackaged commodities donated by agricul-
tural producers, processors, or distributors for
use by emergency feeding organizations under
subsection (a).
(2) Federal funding for projects
(A) In general
Subject to subparagraphs (B) and (C) and
paragraph (3), using funds made available
under paragraph (5), the Secretary may pro-
vide funding to States to pay for the costs of
carrying out a project.
(B) Federal share
The Federal share of the cost of a project
under subparagraph (A) shall not exceed 50
percent of the total cost of the project.
(C) Allocation
(i) In general
Each fiscal year, the Secretary shall al-
locate the funds made available under sub-
paragraph (A), based on a formula deter-
mined by the Secretary, to States that
have submitted a State plan describing a
plan of operation for a project under sec-
tion 7503(b)(5) of this title.
(ii) Reallocation
If the Secretary determines that a State
will not expend all of the funds allocated
to the State for a fiscal year under clause
(i), the Secretary shall reallocate the un-
expended funds to other States that have
submitted under section 7503(b)(5) of this
title a State plan describing a plan of oper-
ation for a project during that fiscal year
or the subsequent fiscal year, as the Sec-
retary determines appropriate.
Page 2045
TITLE 7—AGRICULTURE
§ 7508
(iii) Reports
Each State to which funds are allocated
for a fiscal year under this subparagraph
shall, on a regular basis, submit to the
Secretary financial reports describing the
use of the funds.
(3) Project purposes
A State may only use Federal funds received
under paragraph (2) for a project the purposes
of which are—
(A) to reduce food waste at the agricul-
tural production, processing, or distribution
level through the donation of food;
(B) to provide food to individuals in need;
and
(C) to build relationships between agricul-
tural producers, processors, and distributors
and
emergency
feeding
organizations
through the donation of food.
(4) Cooperative agreements
The Secretary may encourage a State agen-
cy that carries out a project using Federal
funds received under paragraph (2) to enter
into cooperative agreements with State agen-
cies of other States under section 7505(d) of
this title to maximize the use of commodities
donated under the project.
(5) Funding
Out of funds not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary
to
carry
out
this
subsection
$4,000,000 for each of fiscal years 2019 through
2024, to remain available until the end of the
subsequent fiscal year.
(e) Food waste
The Secretary shall issue guidance outlining
best practices to minimize the food waste of the
commodities donated under subsection (a).
(f) Food donation standards
(1) Definitions
In this subsection:
(A) Apparently wholesome food
The term ‘‘apparently wholesome food’’
has the meaning given the term in section
1791(b) of title 42.
(B) Institution of higher education
The term ‘‘institution of higher edu-
cation’’ has the meaning given the term in
section 1002 of title 20.
(C) Qualified direct donor
The term ‘‘qualified direct donor’’ means a
retail food store, wholesaler, agricultural
producer, restaurant, caterer, school food
authority, or institution of higher edu-
cation.
(2) Guidance
(A) In general
Not later than 180 days after December 20,
2018, the Secretary shall issue guidance to
promote awareness of donations of appar-
ently wholesome food protected under sec-
tion 1791(c) of title 42 by qualified direct do-
nors in compliance with applicable State
and local health, food safety, and food han-
dling laws (including regulations).
(B) Issuance
The Secretary shall encourage State agen-
cies and emergency feeding organizations to
share the guidance issued under subpara-
graph (A) with qualified direct donors.
(Pub. L. 98–8, title II, § 203D, as added Pub. L.
100–435, title I, § 102, Sept. 19, 1988, 102 Stat. 1647;
amended Pub. L. 115–334, title IV, §§ 4018(b), (c),
4104, Dec. 20, 2018, 132 Stat. 4648, 4649, 4655; Pub.
L. 118–22, div. B, title I, § 102(d)(3), Nov. 17, 2023,
137 Stat. 116.)
Editorial Notes
AMENDMENTS
2023—Subsec. (d)(5). Pub. L. 118–22 substituted ‘‘2024’’
for ‘‘2023’’.
2018—Subsecs. (d), (e). Pub. L. 115–334, § 4018(b), (c),
added subsecs. (d) and (e).
Subsec. (f). Pub. L. 115–334, § 4104, added subsec. (f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2023 AMENDMENT
Amendment by Pub. L. 118–22 to be applied and ad-
ministered as if enacted on Sept. 30, 2023, see section
102(g) of Pub. L. 118–22, set out in an Extension of Agri-
cultural Programs note under section 9001 of this title.
EFFECTIVE DATE
Section to be effective and implemented on Oct. 1,
1988, see section 701(a) of Pub. L. 100–435, set out as an
Effective Date of 1988 Amendment note under section
2012 of this title.
§ 7508. Authorization and appropriations
(a)(1) There are authorized to be appropriated
$100,000,000 for fiscal year 2008 and each fiscal
year thereafter for the Secretary to make avail-
able to the States to pay for the direct and indi-
rect costs of the States related to the proc-
essing, storage, transporting, and distributing to
eligible recipient agencies of commodities pro-
vided by the Secretary under this chapter and
commodities secured from other sources, includ-
ing commodities secured by gleaning (as defined
in section 111(a) of the Hunger Prevention Act of
1988 (7 U.S.C. 612c note; Public Law 100–435)) and
donated wild game. Funds appropriated under
this paragraph for any fiscal year shall be allo-
cated to the States on an advance basis, dividing
such funds among the States in the same propor-
tions as the commodities distributed under this
chapter for such fiscal year are divided among
the States. If a State agency is unable to use all
of the funds so allocated to it, the Secretary
shall reallocate such unused funds among the
other States.
(2) Each State shall make available to emer-
gency feeding organizations in the State not less
than 40 per centum of the funds provided as au-
thorized in paragraph (1) that it has been allo-
cated for a fiscal year, as necessary to pay for,
or provide advance payments to cover, the di-
rect expenses of the emergency feeding organiza-
tions for distributing commodities to needy per-
sons, but only to the extent such expenses are
actually so incurred by such organizations. As
used in this paragraph, the term ‘‘direct ex-
penses’’ includes costs of transporting, storing,
handling, repackaging, processing, and distrib-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 612c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 612c. Appropriation to encourage exportation
and domestic consumption of agricultural
products
There is appropriated for each fiscal year be-
ginning with the fiscal year ending June 30, 1936
an amount equal to 30 per centum of the gross
receipts from duties collected under the customs
laws during the period January 1 to December
31, both inclusive, preceding the beginning of
each such fiscal year. Such sums shall be main-
tained in a separate fund and shall be used by
the Secretary of Agriculture only to (1) encour-
age the exportation of agricultural commodities
and products thereof by the payment of benefits
in connection with the exportation thereof or of
indemnities for losses incurred in connection
with such exportation or by payments to pro-
ducers in connection with the production of that
part of any agricultural commodity required for
domestic consumption; (2) encourage the domes-
Page 487
TITLE 7—AGRICULTURE
§ 612c
1 See References in Text note below.
tic consumption of such commodities or prod-
ucts by diverting them, by the payment of bene-
fits or indemnities or by other means, from the
normal channels of trade and commerce or by
increasing their utilization through benefits, in-
demnities, donations or by other means, among
persons in low income groups as determined by
the Secretary of Agriculture; and (3) reestablish
farmers’ purchasing power by making payments
in connection with the normal production of any
agricultural commodity for domestic consump-
tion. Determinations by the Secretary as to
what constitutes diversion and what constitutes
normal channels of trade and commerce and
what constitutes normal production for domes-
tic consumption shall be final. The sums appro-
priated under this section shall be expended for
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 612c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** The Secretary shall establish procedures under which State and local agencies, charitable institutions, or any other persons may supplement the commodities distributed under the program authorized by this chapter for use by emergency feeding organizations with nutritious and wholesome commodities that such entities or persons donate to State agencies and emergency feeding organizations for distribution, in all or part of the State, in addition to the commodities otherwise made available under this chapter.
**(b) Use of funds and facilities** States and emergency feeding organizations may use the funds appropriated under this chapter and equipment, structures, vehicles, and all other facilities involved in the storage, handling, or distribution of commodities made available under this chapter, and the personnel, both paid or volunteer, involved in such storage, handling, or distribution, to store, handle or distribute commodities donated for the use of emergency feeding organizations under subsection (a).
**(c) Volunteer workers** State and emergency feeding organizations shall continue, to the maximum extent practicable, to use volunteer workers and commodities and other foodstuffs donated by charitable and other organizations in the operation of the program authorized by this section.
**(d) Projects to harvest, process, package, or transport donated commodities**
(1) **Definition of project** — In this subsection, the term “project” means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a).
(2) **Federal funding for projects**
(A) *In general* — Subject to