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Title 7 — Agriculture

Chapter 102 — Emergency Food Assistance

§ 7503. State plan

Statutory text

(a)

Plans

(1)

In general

To receive commodities under this chapter, a State shall submit to the Secretary an operation and administration plan for the provision of benefits under this chapter.

(2)

Updates

A State shall submit to the Secretary for approval any amendment to a plan submitted under paragraph (1) in any case in which the State proposes to make a change to the operation or administration of a program described in the plan.

(b)

Requirements

Each plan shall—

(1)

designate the State agency responsible for distributing the commodities received under this chapter;

(2)

set forth a plan of operation and administration to expeditiously distribute commodities under this chapter;

(3)

set forth the standards of eligibility for recipient agencies;

(4)

set forth the standards of eligibility for individual or household recipients of commodities, which shall require—

(A)

individuals or households to be comprised of needy persons; and

(B)

individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance;

(5)

at the option of the State agency, describe a plan of operation for 1 or more projects in partnership with 1 or more emergency feeding organizations located in the State to harvest, process, package, or transport donated commodities received under section 7507(d) of this title; and

(6)

describe a plan, which may include the use of a State advisory board established under subsection (c), that provides emergency feeding organizations or eligible recipient agencies within the State an opportunity to provide input on the commodity preferences and needs of the emergency feeding organization or eligible recipient agency.

(c)

State advisory board

The Secretary shall encourage each State receiving commodities under this chapter to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of commodities received under this chapter.

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 § 202A · 97 Stat. 13

    Enacted · 7 U.S.C. § 7503

    Pub. L. 98–8, title II, § 202A, as added Pub. L. 100–77, title VIII, § 812, July 22, 1987, 101 Stat. 537

    Source evidence

    Code source credit
    Pub. L. 98–8, title II, § 202A, as added Pub. L. 100–77, title VIII, § 812, July 22, 1987, 101 Stat. 537

  2. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title VIII § 871(b) · 110 Stat. 2105

    1. Amended · 7 U.S.C. § 7503

      Pub. L. 104–193 amended section generally

    2. Substituted · 7 U.S.C. § 7503

      Pub. L. 104–193 substituting present provisions for provisions relating to availability of flour, cornmeal, and cheese acquired by the Commodity Credit Corporation

    Source evidence

    Code amendment note
    Pub. L. 104–193 amended section generally, substituting present provisions for provisions relating to availability of flour, cornmeal, and cheese acquired by the Commodity Credit Corporation.

    Enacted provision · exact public law section
    (b) State Plan.— Section 202A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: “SEC. 202A. STATE PLAN. “(a) In General.— To receive commodities under this Act, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary. “(b) Requirements.— Each plan shall— “(1) designate the State agency responsible for distributing the commodities received under this Act; “(2) set forth a plan of operation and administration to expeditiously distribute commodities under this Act; “(3) set forth the standards of eligibility for recipient agencies; and “(4) set forth the standards of eligibility for individual or household recipients of commodities, which shall require— “(A) individuals or households to be comprised of needy persons; and “(B) individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance. “(c) State Advisory Board.— The Secretary shall encourage each State receiving commodities under this Act to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of commodities received under this Act.”.

  3. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 4201(b) · 122 Stat. 1651

    1. Added · 7 U.S.C. § 7503(a)

      Pub. L. 110–246, § 4201(b), added subsec. (a)

    2. Struck · 7 U.S.C. § 7503(a)

      Pub. L. 110–246, § 4201(b), struck out former subsec. (a). Prior to amendment, text read as follows: “To receive commodities under this chapter, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–246, § 4201(b), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “To receive commodities under this chapter, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary.”

    Enacted provision · exact public law section
    (b) State Plans.— Section 202A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7503) is amended by striking subsection (a) and inserting the following: “(a) Plans.— “(1) In general.— To receive commodities under this Act, a State shall submit to the Secretary an operation and administration plan for the provision of benefits under this Act. “(2) Updates.— A State shall submit to the Secretary for approval any amendment to a plan submitted under paragraph (1) in any case in which the State proposes to make a change to the operation or administration of a program described in the plan.” .

    Effective date note
    Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 4201(b) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

  4. Agriculture Improvement Act of 2018

    Pub. L. 115–334 title IV § 4018(a) · 132 Stat. 4490

    Added · 7 U.S.C. § 7503(b)(5); 7 U.S.C. § 7503(b)(6)

    Pub. L. 115–334 added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (b)(5), (6). Pub. L. 115–334 added pars. (5) and (6).

    Enacted provision · exact public law section
    (a) State Plan.— Section 202A(b) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7503(b)) is amended— (1) in paragraph (3), by striking “and” after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(5) at the option of the State agency, describe a plan of operation for 1 or more projects in partnership with 1 or more emergency feeding organizations located in the State to harvest, process, package, or transport donated commodities received under section 203D(d); and “(6) describe a plan, which may include the use of a State advisory board established under subsection (c), that provides emergency feeding organizations or eligible recipient agencies within the State an opportunity to provide input on the commodity preferences and needs of the emergency feeding organization or eligible recipient agency.” .

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments1996–2018 · 3 rounds

2018

Subsec. (b)(5), (6). Pub. L. 115–334 added pars. (5) and (6).

2008

Subsec. (a). Pub. L. 110–246, § 4201(b), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “To receive commodities under this chapter, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary.”

1996

Pub. L. 104–193 amended section generally, substituting present provisions for provisions relating to availability of flour, cornmeal, and cheese acquired by the Commodity Credit Corporation.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by section 4201(b) of Pub. L. 110–246 effective , see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Credits

1987–2018 · 5 acts
  1. 1987Pub. L. 98–8, title II, § 202A, as added Pub. L. 100–77, title VIII, § 812, , 101 Stat. 537
  2. 1996amended Pub. L. 104–193, title VIII, § 871(b), , 110 Stat. 2344
  3. 2008Pub. L. 110–234, title IV, § 4201(b), , 122 Stat. 1121
  4. 2008Pub. L. 110–246, § 4(a), title IV, § 4201(b), , 122 Stat. 1664, 1882
  5. 2018Pub. L. 115–334, title IV, § 4018(a), , 132 Stat. 4648.
Show as published

(Pub. L. 98–8, title II, § 202A, as added Pub. L. 100–77, title VIII, § 812, , 101 Stat. 537; amended Pub. L. 104–193, title VIII, § 871(b), , 110 Stat. 2344; Pub. L. 110–234, title IV, § 4201(b), , 122 Stat. 1121; Pub. L. 110–246, § 4(a), title IV, § 4201(b), , 122 Stat. 1664, 1882; Pub. L. 115–334, title IV, § 4018(a), , 132 Stat. 4648.)

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