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Title 7 — Agriculture

Chapter 102 — Emergency Food Assistance

§ 7502. Availability of CCC commodities

Statutory text

(a)

In general

Notwithstanding any other provision of law, in order to complement the domestic nutrition programs, make maximum use of the Nation’s agricultural abundance, and expand and improve the domestic distribution of price-supported commodities, commodities acquired by the Commodity Credit Corporation that the Secretary of Agriculture (hereinafter referred to as the “Secretary”) determines, in his discretion, are in excess of quantities needed to—

(1)

carry out other domestic donation programs,

(2)

meet other domestic obligations (including quantities needed to carry out a payment-in-kind acreage diversion program),

(3)

meet international market development and food aid commitments, and

(4)

carry out the farm price and income stabilization purposes of the Agricultural Adjustment Act of 1938 [7 U.S.C. 1281 et seq.], the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], and the Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.],

shall be made available by the Secretary, without charge or credit for such commodities, for use by eligible recipient agencies for food assistance.

(b)

Repealed. Pub. L. 99–198, title XV, § 1565(a)(2), , 99 Stat. 1591

(c)

Additional commodities

In addition to any commodities described in subsection (a), in carrying out this chapter, the Secretary may use agricultural commodities and the products thereof made available under clause (2) of the second sentence of section 612c of this title.

(d)

Varieties of commodities

Commodities made available under this chapter shall include a variety of commodities and products thereof that are most useful to eligible recipient agencies, including, but not be 1 limited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal.

(e)

Report to Congress

Effective , the Secretary shall submit semiannually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the types and amounts of commodities made available for distribution under this chapter.

(f)

Relation to other programs

Notwithstanding any other provision of law, the programs authorized by section 713a–14 of title 15 2 and section 1163 of the Food Security Act of 1985 shall not be operated in a manner that will, in any way, reduce the quantities of dairy products that traditionally are made available to carry out this chapter or any other domestic feeding program.

(g)

Donations to emergency feeding organizations

(1)

Whenever commodities acquired by the Commodity Credit Corporation are made available for donation to domestic food programs in quantities that exceed Federal obligations, the Secretary shall give equal consideration to making donations of such commodities to emergency feeding organizations participating in the program authorized by this chapter as is given to other commodity recipient agencies, taking into account the types and amounts of commodities available and appropriate for distribution to these organizations.

(2)

In determining the commodities that will be made available to emergency feeding organizations under this chapter, the Secretary may distribute commodities that become available on a seasonal or irregular basis.

(h)

Kosher and Halal food

As soon as practicable after , the Secretary shall finalize and implement a plan—

(1)

to increase the purchase of Kosher and Halal food from food manufacturers with a Kosher or Halal certification to carry out the program established under this chapter if the Kosher and Halal food purchased is cost neutral as compared to food that is not from food manufacturers with a Kosher or Halal certification; and

(2)

to modify the labeling of the commodities list used to carry out the program in a manner that enables Kosher and Halal distribution entities to identify which commodities to obtain from local food banks.

Footnotes

  1. 1 So in original. The word “be” probably should not appear.
  2. 2 See References in Text note below.

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. Pub. L. 98–8 title II § 202 · 97 Stat. 13

    Enacted · 7 U.S.C. § 7502

    Pub. L. 98–8, title II, § 202, Mar. 24, 1983, 97 Stat. 35

    Source evidence

    Code source credit
    Pub. L. 98–8, title II, § 202, Mar. 24, 1983, 97 Stat. 35

    Enacted provision · exact public law section
    Sec. 202. (a) Notwithstanding any other provision of law, commodities 7 USC 6l2c note. acquired by the Commodity Credit Corporation that are in excess of quantities needed for the fiscal year to carry out a payment-in-kind acreage diversion program, maintain U.S. share of world markets, and meet international market development and food aid commitments, shall be made available by the Secretary of Agriculture (hereinafter in this Act referred to as the “Secretary”) without charge or credit in such fiscal year for use by eligible recipient agencies. Upon request, commodities provided by the CCC shall be provided in a form suitable for individual household or institutional use. (b) Notwithstanding any other provision of law, if wheat stocks acquired by the Commodity Credit Corporation are not available for the purposes of this Act, up to 300,000 metric tons of wheat designated under section 302(b)(1) of the Food Security Wheat Reserve Act of 1980 shall be used for the purposes of this Act. Any amount of wheat 7 USC 1736f–l. used from the Food Security Wheat Reserve under this Act shall be replenished by an equivalent quantity of wheat under the provisions of section 302(b) of the Food Security Wheat Reserve Act of 1980 as soon as practicable, but before December 31, 1983.

  2. Pub. L. 98–92 § 2(3) · 97 Stat. 608

    Amended · 7 U.S.C. § 7502(a)

    Pub. L. 98–92, § 2(3), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Notwithstanding any other provision of law, commodities acquired by the Commodity Credit Corporation that are in excess of quantities needed for the fiscal year to carry out a payment-in-kind acreage diversion program, maintain U.S. share of world markets, and meet international market development and food aid commitments, shall be made available by the Secretary of Agriculture (hereinafter in this chapter referred to as the ‘Secretary’) without charge or credit in such fiscal year for use by eligible recipient agencies. Upon request, commodities provided by the CCC shall be provided in a form suitable for individual household or institutional use.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–92, § 2(3), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Notwithstanding any other provision of law, commodities acquired by the Commodity Credit Corporation that are in excess of quantities needed for the fiscal year to carry out a payment-in-kind acreage diversion program, maintain U.S. share of world markets, and meet international market development and food aid commitments, shall be made available by the Secretary of Agriculture (hereinafter in this chapter referred to as the ‘Secretary’) without charge or credit in such fiscal year for use by eligible recipient agencies. Upon request, commodities provided by the CCC shall be provided in a form suitable for individual household or institutional use.”

    Enacted provision · exact public law section
    (3) amending section 202(a) to read as follows: Ante, p. 35 “Sec. 202. (a) Notwithstanding any other provision of law, in order to complement the domestic nutrition programs, make maximum use of the Nation's agricultural abundance, and expand and improve the domestic distribution of price-supported commodities, commodities acquired by the Commodity Credit Corporation that the Secretary of Agriculture (hereinafter referred to as the ‘Secretary’) determines, in his discretion, are in excess of quantities needed to— “(1) carry out other domestic donation programs, “(2) meet other domestic obligations (including quantities needed to carry out a payment-in-kind acreage diversion program), “(3) meet international market development and food aid commitments, and “(4) carry out the farm price and income stabilization purposes of the Agricultural Adjustment Act of 1938, the Agricultural 7 USC 1281. 7 USC 1421 note. 15 USC 714 note. Act of 1949, and the Commodity Credit Corporation Charter Act, shall be made available by the Secretary, without charge or credit for such commodities, for use by eligible recipient agencies for food assistance.”;

  3. Pub. L. 98–92 § 2(4) · 97 Stat. 608

    1. Substituted · 7 U.S.C. § 7502(b)

      Pub. L. 98–92, § 2(4), substituted “may be used” for “shall be used” which was executed by making the substitution for “December 31, 1983” to reflect the probable intent of Congress

    2. Substituted · 7 U.S.C. § 7502(b)

      Pub. L. 98–92, § 2(4), substituted “October 1, 1985” for “December 1, 1983” which was executed by making the substitution for “December 31, 1983” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–92, § 2(4), substituted “may be used” for “shall be used” and directed the substitution of “October 1, 1985” for “December 1, 1983”, which was executed by making the substitution for “December 31, 1983” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (4) in section 202(b)— (A) in the first sentence, striking out “shall” and inserting in lieu thereof “may”; and (B) in the second sentence, striking out “December 1, 1983” and inserting in lieu thereof “October 1, 1985”;

  4. Food Security Act of 1985

    Pub. L. 99–198 § 1565(a) · 99 Stat. 1354

    1. Struck · 7 U.S.C. § 7502

      Pub. L. 99–198, § 1565(a), struck out subsec. (a) designation

    2. Struck · 7 U.S.C. § 7502

      Pub. L. 99–198, § 1565(a), struck out subsec. (b) which read as follows: “Notwithstanding any other provision of law, if wheat stocks acquired by the Commodity Credit Corporation are not available for the purposes of this chapter, up to 300,000 metric tons of wheat designated under section 1736f–1(b)(1) of this title may be used for the purposes of this chapter. Any amount of wheat used from the Food Security Wheat Reserve under this chapter shall be replenished by an equivalent quantity of wheat under the provisions of section 1736f–1(b) of this title as soon as practicable, but before October 1, 1985.”

    Source evidence

    Code amendment note
    Pub. L. 99–198, § 1565(a), struck out subsec. (a) designation and struck out subsec. (b) which read as follows: “Notwithstanding any other provision of law, if wheat stocks acquired by the Commodity Credit Corporation are not available for the purposes of this chapter, up to 300,000 metric tons of wheat designated under section 1736f–1(b)(1) of this title may be used for the purposes of this chapter. Any amount of wheat used from the Food Security Wheat Reserve under this chapter shall be replenished by an equivalent quantity of wheat under the provisions of section 1736f–1(b) of this title as soon as practicable, but before October 1, 1985.”

    Enacted provision · exact public law section
    (a) Section 202 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by— (1) striking out the subsection designation for subsection (a); and (2) striking out subsection (b).

  5. Food Security Act of 1985

    Pub. L. 99–198 § 1564(a) · 99 Stat. 1354

    Added · 7 U.S.C. § 7502(c)(e)

    Pub. L. 99–198, § 1564(a), added subsecs. (c) to (e)

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 99–198, § 1564(a), added subsecs. (c) to (e).

    Enacted provision · exact public law section
    (a) Section 202 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end thereof the following new subsections: “(c) In addition to any commodities described in subsection (a), in carrying out this Act, the Secretary may use agricultural commodities and the products thereof made available under clause (2) of the second sentence of section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (7 U.S.C. 612c). “(d) Commodities made available under this Act shall include, but not be limited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal. “(e) Effective April 1, 1986, the Secretary shall submit semiannually Effective date. Report. to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the types and amounts of commodities made available for distribution under this Act.”.

  6. Pub. L. 100–77 § 811(b) · 101 Stat. 482

    Inserted · 7 U.S.C. § 7502(a)

    Pub. L. 100–77, § 811(b), inserted subsec. (a) designation

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–77, § 811(b), inserted subsec. (a) designation.

    Enacted provision · exact public law section
    (b) Technical Amendment.— Section 202 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by inserting the subsection designation “(a)” after “Sec. 202.”.

  7. Pub. L. 100–77 § 811(a) · 101 Stat. 482

    Inserted · 7 U.S.C. § 7502(d)

    Pub. L. 100–77, § 811(a), inserted “a variety of commodities and products thereof that are most useful to eligible recipient agencies, including” after “shall include”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–77, § 811(a), inserted “a variety of commodities and products thereof that are most useful to eligible recipient agencies, including” after “shall include”.

    Enacted provision · exact public law section
    (a) Commodities for Eligible Recipient Agencies.— Section 202(d) of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by inserting after “shall include” the following: “a variety of commodities and products thereof that are most useful to eligible recipient agencies, including”.

  8. Hunger Prevention Act of 1988

    Pub. L. 100–435 title I § 101 · 102 Stat. 1645

    Added · 7 U.S.C. § 7502(f)

    Pub. L. 100–435 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–435 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 101. DOMESTIC USE AS A HIGHER PRIORITY THAN FOREIGN SALES. Section 202 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end thereof the following new subsection: “(f) Notwithstanding any other provision of law, the programs Dairy products. authorized by sections 153 and 1163 of the Food Security Act of 1985 (15 U.S.C. 713a–14 and 7 U.S.C. 1731 note) shall not be operated in a manner that will, in any way, reduce the quantities of dairy products that traditionally are made available to carry out this Act or any other domestic feeding program.”.

    Effective date note
    Amendment by Pub. L. 100–435 to be effective and implemented on Sept. 19, 1988, see section 701(b)(1) of Pub. L. 100–435, set out as a note under section 2012 of this title.

  9. Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 title XVII § 1772(b) · 104 Stat. 3359

    Added · 7 U.S.C. § 7502(g)

    Pub. L. 101–624 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–624 added subsec. (g).

    Enacted provision · exact public law section
    (b) Availability of CCC Commodities.— Section 202 of such Act (7 U.S.C. 612c note) is amended by adding at the end the following new subsection: “(g) (1) Whenever commodities acquired by the Commodity Credit Corporation are made available for donation to domestic food programs in quantities that exceed Federal obligations, the Secretary shall give equal consideration to making donations of such commodities to emergency feeding organizations participating in the program authorized by this Act as is given to other commodity recipient agencies, taking into account the types and amounts of commodities available and appropriate for distribution to these organizations. “(2) In determining the commodities that will be made available to emergency feeding organizations under this Act, the Secretary may distribute commodities that become available on a seasonal or irregular basis.”.

  10. Agricultural Act of 2014

    Pub. L. 113–79 title IV § 4207 · 128 Stat. 649

    Added · 7 U.S.C. § 7502(h)

    Pub. L. 113–79 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 113–79 added subsec. (h).

    Enacted provision · exact public law section
    SEC. 4207. PURCHASE OF HALAL AND KOSHER FOOD FOR EMERGENCY FOOD ASSISTANCE PROGRAM.   Section 202 of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7502) is amended by adding at the end the following: “(h) Kosher and Halal Food.— As soon as practicable after the date of enactment of this subsection, the Secretary shall finalize and implement a plan— “(1) to increase the purchase of Kosher and Halal food from food manufacturers with a Kosher or Halal certification to carry out the program established under this Act if the Kosher and Halal food purchased is cost neutral as compared to food that is not from food manufacturers with a Kosher or Halal certification; and “(2) to modify the labeling of the commodities list used to carry out the program in a manner that enables Kosher and Halal distribution entities to identify which commodities to obtain from local food banks.” .

12 of 12 references resolved to an enrolled provision

Editorial Notes

References in Text

The Agricultural Adjustment Act of 1938, referred to in subsec. (a)(4), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables.

The Agricultural Act of 1949, referred to in subsec. (a)(4), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.

The Commodity Credit Corporation Charter Act, referred to in subsec. (a)(4), is act June 29, 1948, ch. 704, 62 Stat. 1070, which is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables.

Section 713a–14 of title 15, referred to in subsec. (f), was repealed by Pub. L. 113–79, title I, § 1423(a), , 128 Stat. 695.

Section 1163 of the Food Security Act of 1985, referred to in subsec. (f), is section 1163 of Pub. L. 99–198, which is set out as a note under section 1731 of this title.

Amendments1983–2014 · 6 rounds

2014

Subsec. (h). Pub. L. 113–79 added subsec. (h).

1990

Subsec. (g). Pub. L. 101–624 added subsec. (g).

1988

Subsec. (f). Pub. L. 100–435 added subsec. (f).

1987

Subsec. (a). Pub. L. 100–77, § 811(b), inserted subsec. (a) designation.

Subsec. (d). Pub. L. 100–77, § 811(a), inserted “a variety of commodities and products thereof that are most useful to eligible recipient agencies, including” after “shall include”.

1985

Pub. L. 99–198, § 1565(a), struck out subsec. (a) designation and struck out subsec. (b) which read as follows: “Notwithstanding any other provision of law, if wheat stocks acquired by the Commodity Credit Corporation are not available for the purposes of this chapter, up to 300,000 metric tons of wheat designated under section 1736f–1(b)(1) of this title may be used for the purposes of this chapter. Any amount of wheat used from the Food Security Wheat Reserve under this chapter shall be replenished by an equivalent quantity of wheat under the provisions of section 1736f–1(b) of this title as soon as practicable, but before .”

Subsecs. (c) to (e). Pub. L. 99–198, § 1564(a), added subsecs. (c) to (e).

1983

Subsec. (a). Pub. L. 98–92, § 2(3), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Notwithstanding any other provision of law, commodities acquired by the Commodity Credit Corporation that are in excess of quantities needed for the fiscal year to carry out a payment-in-kind acreage diversion program, maintain U.S. share of world markets, and meet international market development and food aid commitments, shall be made available by the Secretary of Agriculture (hereinafter in this chapter referred to as the ‘Secretary’) without charge or credit in such fiscal year for use by eligible recipient agencies. Upon request, commodities provided by the CCC shall be provided in a form suitable for individual household or institutional use.”

Subsec. (b). Pub. L. 98–92, § 2(4), substituted “may be used” for “shall be used” and directed the substitution of “” for “”, which was executed by making the substitution for “” to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–435 to be effective and implemented on , see section 701(b)(1) of Pub. L. 100–435, set out as a note under section 2012 of this title.

Effective Date of 1983 Amendment

Pub. L. 98–92, § 2, , 97 Stat. 608, provided in part that the amendment made by section 2 is effective .

Credits

1983–2014 · 7 acts
  1. 1983Pub. L. 98–8, title II, § 202, , 97 Stat. 35
  2. 1983Pub. L. 98–92, § 2(3), (4), , 97 Stat. 609
  3. 1985Pub. L. 99–198, title XV, §§ 1564(a), 1565(a), , 99 Stat. 1591
  4. 1987Pub. L. 100–77, title VIII, § 811, , 101 Stat. 536
  5. 1988Pub. L. 100–435, title I, § 101, , 102 Stat. 1647
  6. 1990Pub. L. 101–624, title XVII, § 1772(b), , 104 Stat. 3808
  7. 2014Pub. L. 113–79, title IV, § 4207, , 128 Stat. 826.
Show as published

(Pub. L. 98–8, title II, § 202, , 97 Stat. 35; Pub. L. 98–92, § 2(3), (4), , 97 Stat. 609; Pub. L. 99–198, title XV, §§ 1564(a), 1565(a), , 99 Stat. 1591; Pub. L. 100–77, title VIII, § 811, , 101 Stat. 536; Pub. L. 100–435, title I, § 101, , 102 Stat. 1647; Pub. L. 101–624, title XVII, § 1772(b), , 104 Stat. 3808; Pub. L. 113–79, title IV, § 4207, , 128 Stat. 826.)

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