Title 7 — Agriculture
Chapter 100 — Agricultural Market Transition
§ 7285. Commodity Credit Corporation sales price restrictions
Statutory text
General sales authority
The Commodity Credit Corporation may sell any commodity owned or controlled by the Corporation at any price that the Secretary determines will maximize returns to the Corporation.
Nonapplication of sales price restrictions
Subsection (a) shall not apply to—
a sale for a new or byproduct use;
a sale of peanuts or oilseeds for the extraction of oil;
a sale for seed or feed if the sale will not substantially impair any loan program;
a sale of a commodity that has substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spoilage;
a sale for the purpose of establishing a claim arising out of a contract or against a person who has committed fraud, misrepresentation, or other wrongful act with respect to the commodity;
a sale for export, as determined by the Corporation; and
a sale for other than a primary use.
Presidential disaster areas
In general
Notwithstanding subsection (a), on such terms and conditions as the Secretary may consider in the public interest, the Corporation may make available any commodity or product owned or controlled by the Corporation for use in relieving distress—
in any area in the United States (including the Virgin Islands) declared by the President to be an acute distress area because of unemployment or other economic cause, if the President finds that the use will not displace or interfere with normal marketing of agricultural commodities; and
in connection with any major disaster determined by the President to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
Costs
Except on a reimbursable basis, the Corporation shall not bear any costs in connection with making a commodity available under paragraph (1) beyond the cost of the commodity to the Corporation incurred in—
the storage of the commodity; and
the handling and transportation costs in making delivery of the commodity to designated agencies at 1 or more central locations in each State or other area.
Efficient operations
Subsection (a) shall not apply to the sale of a commodity the disposition of which is desirable in the interest of the effective and efficient conduct of the operations of the Corporation because of the small quantity of the commodity involved, or because of the age, location, or questionable continued storability of the commodity.
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.
Agricultural Market Transition Act
Pub. L. 104–127 title I § 165 · 110 Stat. 888
Enacted · 7 U.S.C. § 7285
(Pub. L. 104–127, title I, § 165, Apr. 4, 1996, 110 Stat. 936.)
Source evidence
Code source credit
(Pub. L. 104–127, title I, § 165, Apr. 4, 1996, 110 Stat. 936.)Enacted provision · exact public law section
SEC. 165. COMMODITY CREDIT CORPORATION SALES PRICE RESTRICTIONS. (a) General Sales Authority.— The Commodity Credit Corporation may sell any commodity owned or controlled by the Corporation at any price that the Secretary determines will maximize returns to the Corporation. (b) Nonapplication of Sales Price Restrictions.— Subsection (a) shall not apply to— (1) a sale for a new or byproduct use; (2) a sale of peanuts or oilseeds for the extraction of oil; (3) a sale for seed or feed if the sale will not substantially impair any loan program; (4) a sale of a commodity that has substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spoilage; (5) a sale for the purpose of establishing a claim arising out of a contract or against a person who has committed fraud, misrepresentation, or other wrongful act with respect to the commodity; (6) a sale for export, as determined by the Corporation; and (7) a sale for other than a primary use. (c) Presidential Disaster Areas.— (1) In general.— Notwithstanding subsection (a), on such terms and conditions as the Secretary may consider in the public interest, the Corporation may make available any commodity or product owned or controlled by the Corporation for use in relieving distress— (A) in any area in the United States (including the Virgin Islands) declared by the President to be an acute distress area because of unemployment or other economic cause, if the President finds that the use will not displace or interfere with normal marketing of agricultural commodities; and (B) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (2) Costs.— Except on a reimbursable basis, the Corporation shall not bear any costs in connection with making a commodity available under paragraph (1) beyond the cost of the commodity to the Corporation incurred in— (A) the storage of the commodity; and (B) the handling and transportation costs in making delivery of the commodity to designated agencies at 1 or more central locations in each State or other area. (d) Efficient Operations.— Subsection (a) shall not apply to the sale of a commodity the disposition of which is desirable in the interest of the effective and efficient conduct of the operations of the Corporation because of the small quantity of the commodity involved, or because of the age, location, or questionable continued storability of the commodity.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1)(B), is Pub. L. 93–288, , 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 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 5121 of Title 42 and Tables.