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Title 7 — Agriculture

Chapter 71 — Agricultural Trade Suspension Adjustment

§ 4004. Food bank special nutrition projects

Statutory text

(a)

Distribution of agricultural commodities to community food banks for emergency distribution; availability of agricultural commodities; use of currently used distributorship systems; selection of food banks

The Secretary of Agriculture shall carry out special nutrition projects to provide agricultural commodities and other foods that might not otherwise be used, or might be more effectively used by organizations assisted under this section, to community food banks for emergency food box distribution to needy individuals and families. Notwithstanding any other provisions of law, the Secretary shall make available for purposes of such special nutrition projects, agricultural commodities and other foods available to the Secretary under section 1431 of this title, section 1446a–1 of this title, and section 612c of this title. For purposes of distributing agricultural commodities and other foods to community food banks under this section, the Secretary may, in consultation with State agencies, use food distribution systems currently used to distribute agricultural commodities and other foods under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] and Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.]. The Secretary shall select food banks, in consultation with the Director of the Community Services Administration, for participation in the special nutrition projects under this section. Food banks shall be selected for participation so as to ensure adequate geographic distribution of emergency food box programs in at least two but not more than seven Department of Agriculture regions.

(b)

Application by food bank; recordkeeping and internal procedures

(1)

No food bank may participate in the special nutrition projects conducted under this section unless an application therefor is submitted to and approved by the Secretary. Such application shall be submitted in such form and manner and shall contain such information as the Secretary shall prescribe.

(2)

Each food bank participating in the special nutrition projects under this section shall establish a recordkeeping system and internal procedures to monitor the use of agricultural commodities and other foods provided under this section. The Secretary shall develop standards by which the feasibility and effectiveness of the projects shall be measured, and shall conduct an ongoing review of the effectiveness of the projects.

(c)

Quantities and types of agricultural commodities; regulations for designation of eligible participants

The Secretary shall determine the quantities and types of agricultural commodities and other foods to be made available under this section. The Secretary may prescribe regulations regarding the designation of eligible participants in the projects and any other regulations necessary to carry out this section.

(d)

Report to Congress; contents; recommendations

The Secretary shall submit to Congress a progress report on , and a final report on , regarding the special nutrition projects carried out under this section. Such report shall include an analysis and evaluation of Federal participation in food bank emergency food programs, the effectiveness of such participation, and the feasibility of continuing such participation. The Secretary shall also include in such report any recommendations regarding improvements in Federal assistance to community food banks, including assistance for administrative expenses and transportation.

(e)

Sale of food prohibited; fines and penalties

The sale of food provided under this section shall be prohibited and any person who receives any remuneration in exchange for food provided under this section shall be subject to a fine of not more than $1,000 or imprisonment for not more than six months, or both.

(f)

Paperwork minimization and encouragement of participation

The Secretary shall minimize paperwork requirements placed on food banks which participate in the special nutrition projects established under this section and shall otherwise encourage food banks to participate in such projects.

(g)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Agricultural Trade Suspension Adjustment Act of 1980

    Pub. L. 96–494 title II § 211 · 94 Stat. 2570

    Enacted · 7 U.S.C. § 4004

    Pub. L. 96–494, title II, § 211, Dec. 3, 1980, 94 Stat. 2577

    Source evidence

    Code source credit
    Pub. L. 96–494, title II, § 211, Dec. 3, 1980, 94 Stat. 2577

    Enacted provision · exact public law section
    Sec. 211. food bank demonstration projects (a) The Secretary of Agriculture shall carry out demonstration 7 USC 4004. projects to provide agricultural commodities and other foods that might not otherwise be used, or might be more effectively used by organizations assisted under this section, to community food banks for emergency food box distribution to needy individuals and families. Notwithstanding any other provisions of law, the Secretary shall make available for purposes of such demonstration projects, agricultural commodities and other foods available to the Secretary under section 416 of the Agricultural Act of 1949, section 709 of the Food 7 USC 1431. 7 USC 1446a–1. and Agriculture Act of 1965, and section 32 of the Act of August 24, 1935 (7 U.S.C. 612c). For purposes of distributing agricultural commodities and other foods to community food banks under this section, the Secretary may, in consultation with State agencies, use food distribution systems currently used to distribute agricultural commodities and other foods under the National School Lunch Act 42 USC 1751 note. 42 USC 1771 note. and Child Nutrition Act of 1966. The Secretary shall select food banks, in consultation with the Director of the Community Services Administration, for participation in the demonstration projects under this section. Food banks shall be selected for participation so as to ensure adequate geographic distribution of emergency food box programs in at least two but not more than seven Department of Agriculture regions. (b) (1) No food bank may participate in the demonstration projects Applications. conducted under this section unless an application therefor is submit-ted to and approved by the Secretary. Such application shall be submitted in such form and manner and shall contain such information as the Secretary shall prescribe. (2) Each food bank participating in the demonstration projects Recordkeeping and review. under this section shall establish a recordkeeping system and internal procedures to monitor the use of agricultural commodities and other foods provided under this section. The Secretary shall develop standards by which the feasibility and effectiveness of the projects shall be measured, and shall conduct an ongoing review of the effectiveness of the projects. (c) The Secretary shall determine the quantities and types of agricultural commodities and other foods to be made available under this section. The Secretary may prescribe regulations regarding the designation of eligible participants in the projects and any other regulations necessary to carry out this section. (d) The Secretary shall submit a report to Congress on October 1, Report to Congress. 1982, regarding the demonstration projects carried out under this section. Such report shall include an analysis and evaluation of Federal participation in food bank emergency food programs, the effectiveness of such participation, and the feasibility of continuing such participation. The Secretary shall also include in such report any recommendations regarding improvements in Federal assistance to community food banks, including assistance for administrative expenses and transportation. (e) The sale of food provided under this section shall be prohibited Food sales, prohibition and any person who receives any remuneration in exchange for foodprovided under this section shall be subject to a fine of not more than $1,000 or imprisonment for not more than six months, or both. (f) There is authorized to be appropriated to carry out this section $356,000.

  2. Agriculture and Food Act of 1981

    Pub. L. 97–98 § 1114(b)(1) · 95 Stat. 1213

    Substituted · 7 U.S.C. § 4004(a); 7 U.S.C. § 4004(b)

    Pub. L. 97–98, § 1114(b)(1), substituted “special nutrition projects” for “demonstration projects” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 97–98, § 1114(b)(1), substituted “special nutrition projects” for “demonstration projects” wherever appearing.

    Enacted provision · exact public law section
    Sec. 1114. distribution of surplus commodities; special nutrition projects (a) Notwithstanding any other provision of law, whenever 7 USC 1431e. Government stocks of commodities are acquired under the price support programs and are not likely to be sold by the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution, such commodities shall be made available without charge or credit to nutrition projects under the authority of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), to child nutrition programs providing food service, and to food banks participating in the special nutrition projects established under section 211 of the Agricultural Act of 1980. Such distribution may include bulk distribution to congregate nutrition sites and to providers of home delivered meals under the Older Americans Act of 1965. The Commodity Credit Corporation is authorized to use available funds to operate the program under this subsection and to further process products to facilitate bonus commodity use. (b) Section 211 of the Agricultural Act of 1980 (7 U.S.C. 4004) is amended by— (1) striking out “demonstration projects” wherever that phrase occurs in subsections (a) and (b) and inserting in lieu thereof “special nutrition projects”; (2) striking out “a report to Congress on October 1, 1982,” in subsection (d) and inserting in lieu thereof “to Congress a progress report on July 1, 1983, and a final report on January 1, 1984,”; (3) striking out “demonstration projects” in subsection (d) and inserting in lieu thereof “special nutrition projects”; (4) redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: “(f) The Secretary shall minimize paperwork requirements placed on food banks which participate in the special nutrition projects established under this section and shall otherwise encourage food banks to participate in such projects.”; and (5) striking out “to carry out this section $356,000” in subsection (g), as redesignated by paragraph (4) of this subsection, and inserting in lieu thereof “such sums as may be necessary to carry out this section”. (c) The heading for section 211 of the Agricultural Act of 1980 is amended to read as follows: (d) Section 4(b) of the Food Stamp Act of 1977 shall not apply with 7 USC 4004a. 7 USC 2013. respect to distribution of surplus commodities under section 211 of the Agricultural Act of 1980.

    Effective date note
    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.

  3. Agriculture and Food Act of 1981

    Pub. L. 97–98 § 1114(b)(2) · 95 Stat. 1213

    1. Substituted · 7 U.S.C. § 4004(d)

      Pub. L. 97–98, § 1114(b)(2), (3), substituted “to Congress a progress report on July 1, 1983, and a final report on January 1, 1984” for “a report to Congress on October 1, 1982”

    2. Substituted · 7 U.S.C. § 4004(d)

      Pub. L. 97–98, § 1114(b)(2), (3), substituted “special nutrition projects” for “demonstration projects”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–98, § 1114(b)(2), (3), substituted “to Congress a progress report on July 1, 1983, and a final report on January 1, 1984” for “a report to Congress on October 1, 1982” and “special nutrition projects” for “demonstration projects”.

    Enacted provision · exact public law section
    Sec. 1114. distribution of surplus commodities; special nutrition projects (a) Notwithstanding any other provision of law, whenever 7 USC 1431e. Government stocks of commodities are acquired under the price support programs and are not likely to be sold by the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution, such commodities shall be made available without charge or credit to nutrition projects under the authority of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), to child nutrition programs providing food service, and to food banks participating in the special nutrition projects established under section 211 of the Agricultural Act of 1980. Such distribution may include bulk distribution to congregate nutrition sites and to providers of home delivered meals under the Older Americans Act of 1965. The Commodity Credit Corporation is authorized to use available funds to operate the program under this subsection and to further process products to facilitate bonus commodity use. (b) Section 211 of the Agricultural Act of 1980 (7 U.S.C. 4004) is amended by— (1) striking out “demonstration projects” wherever that phrase occurs in subsections (a) and (b) and inserting in lieu thereof “special nutrition projects”; (2) striking out “a report to Congress on October 1, 1982,” in subsection (d) and inserting in lieu thereof “to Congress a progress report on July 1, 1983, and a final report on January 1, 1984,”; (3) striking out “demonstration projects” in subsection (d) and inserting in lieu thereof “special nutrition projects”; (4) redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: “(f) The Secretary shall minimize paperwork requirements placed on food banks which participate in the special nutrition projects established under this section and shall otherwise encourage food banks to participate in such projects.”; and (5) striking out “to carry out this section $356,000” in subsection (g), as redesignated by paragraph (4) of this subsection, and inserting in lieu thereof “such sums as may be necessary to carry out this section”. (c) The heading for section 211 of the Agricultural Act of 1980 is amended to read as follows: (d) Section 4(b) of the Food Stamp Act of 1977 shall not apply with 7 USC 4004a. 7 USC 2013. respect to distribution of surplus commodities under section 211 of the Agricultural Act of 1980.

    Effective date note
    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.

  4. Agriculture and Food Act of 1981

    Pub. L. 97–98 § 1114(b)(4) · 95 Stat. 1213

    1. Added · 7 U.S.C. § 4004(f); 7 U.S.C. § 4004(g)

      Pub. L. 97–98, § 1114(b)(4), (5), added subsec. (f)

    2. Redesignated · 7 U.S.C. § 4004(f); 7 U.S.C. § 4004(g)

      Pub. L. 97–98, § 1114(b)(4), (5), redesignated former subsec. (f) as (g)

    3. Substituted · 7 U.S.C. § 4004(f); 7 U.S.C. § 4004(g)

      Pub. L. 97–98, § 1114(b)(4), (5), substituted “such sums as may be necessary to carry out this section” for “to carry out this section $356,000”

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 97–98, § 1114(b)(4), (5), added subsec. (f), redesignated former subsec. (f) as (g), and substituted “such sums as may be necessary to carry out this section” for “to carry out this section $356,000”.

    Enacted provision · exact public law section
    Sec. 1114. distribution of surplus commodities; special nutrition projects (a) Notwithstanding any other provision of law, whenever 7 USC 1431e. Government stocks of commodities are acquired under the price support programs and are not likely to be sold by the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution, such commodities shall be made available without charge or credit to nutrition projects under the authority of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), to child nutrition programs providing food service, and to food banks participating in the special nutrition projects established under section 211 of the Agricultural Act of 1980. Such distribution may include bulk distribution to congregate nutrition sites and to providers of home delivered meals under the Older Americans Act of 1965. The Commodity Credit Corporation is authorized to use available funds to operate the program under this subsection and to further process products to facilitate bonus commodity use. (b) Section 211 of the Agricultural Act of 1980 (7 U.S.C. 4004) is amended by— (1) striking out “demonstration projects” wherever that phrase occurs in subsections (a) and (b) and inserting in lieu thereof “special nutrition projects”; (2) striking out “a report to Congress on October 1, 1982,” in subsection (d) and inserting in lieu thereof “to Congress a progress report on July 1, 1983, and a final report on January 1, 1984,”; (3) striking out “demonstration projects” in subsection (d) and inserting in lieu thereof “special nutrition projects”; (4) redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: “(f) The Secretary shall minimize paperwork requirements placed on food banks which participate in the special nutrition projects established under this section and shall otherwise encourage food banks to participate in such projects.”; and (5) striking out “to carry out this section $356,000” in subsection (g), as redesignated by paragraph (4) of this subsection, and inserting in lieu thereof “such sums as may be necessary to carry out this section”. (c) The heading for section 211 of the Agricultural Act of 1980 is amended to read as follows: (d) Section 4(b) of the Food Stamp Act of 1977 shall not apply with 7 USC 4004a. 7 USC 2013. respect to distribution of surplus commodities under section 211 of the Agricultural Act of 1980.

    Effective date note
    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.

  5. Pub. L. 106–78 title VII § 752(b)(4) · 113 Stat. 1135

    Substituted · 7 U.S.C. § 4004(a)

    Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.

    Enacted provision · exact public law section
    (4) Section 211(a) of the Agricultural Trade Suspension Adjustment Act of 1980 (7 U.S.C. 4004(a)).

8 of 8 references resolved to an enrolled provision

Editorial Notes

References in Text

The Richard B. Russell National School Lunch Act, referred to in subsec. (a), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.

The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, , 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables.

Amendments1981–1999 · 2 rounds

1999

Subsec. (a). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.

1981

Subsecs. (a), (b). Pub. L. 97–98, § 1114(b)(1), substituted “special nutrition projects” for “demonstration projects” wherever appearing.

Subsec. (d). Pub. L. 97–98, § 1114(b)(2), (3), substituted “to Congress a progress report on , and a final report on ” for “a report to Congress on ” and “special nutrition projects” for “demonstration projects”.

Subsecs. (f), (g). Pub. L. 97–98, § 1114(b)(4), (5), added subsec. (f), redesignated former subsec. (f) as (g), and substituted “such sums as may be necessary to carry out this section” for “to carry out this section $356,000”.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective , see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective , see section 213 of Pub. L. 96–494, set out as a note under section 4001 of this title.

Community Services Administration

Community Services Administration, which was established by section 601 of Economic Opportunity Act of 1964, as amended (42 U.S.C. 2941), terminated when Economic Opportunity Act of 1964, Pub. L. 88–452, , 78 Stat. 508, as amended, was repealed, except for titles VIII and X, effective , by section 683(a) of Pub. L. 97–35, title VI, , 95 Stat. 519, which is classified to 42 U.S.C. 9912(a). An Office of Community Services, headed by a Director, was established in the Department of Health and Human Services by section 676 of Pub. L. 97–35, which is classified to 42 U.S.C. 9905.

Credits

1980–1999 · 3 acts
  1. 1980Pub. L. 96–494, title II, § 211, , 94 Stat. 2577
  2. 1981Pub. L. 97–98, title XI, § 1114(b), , 95 Stat. 1269
  3. 1999Pub. L. 106–78, title VII, § 752(b)(4), , 113 Stat. 1169.
Show as published

(Pub. L. 96–494, title II, § 211, , 94 Stat. 2577; Pub. L. 97–98, title XI, § 1114(b), , 95 Stat. 1269; Pub. L. 106–78, title VII, § 752(b)(4), , 113 Stat. 1169.)

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