Title 7 — Agriculture
Chapter 102 — Emergency Food Assistance
§ 7505. Federal and State responsibilities
Statutory text
Federal responsibility; optional State priority
The Secretary shall, as expeditiously as possible, provide the commodities made available under this chapter in such quantities as can be used without waste to State agencies designated by the Governor or other appropriate State official for distribution to eligible recipient agencies, except that the Secretary may provide such commodities directly to eligible recipient agencies and to private companies that process such commodities for eligible recipient agencies under sections 1 7504 of this title. Notwithstanding any other provision of this chapter, in the distribution of commodities under this chapter, each State agency shall have the option to give priority to existing food bank networks and other organizations whose ongoing primary function is to facilitate the distribution of food to low-income households, including food from sources other than the Department of Agriculture.
Distribution by State agencies; priority; rural areas
State agencies receiving commodities under this chapter shall, as expeditiously as possible, distribute such commodities, in the quantities requested (to the extent practicable), to eligible recipient agencies within their respective States. However, if a State agency cannot meet all requests for a particular commodity under this chapter, the State agency shall give priority in the distribution of such commodity to eligible recipient agencies providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. Each State agency shall encourage distribution of such commodities in rural areas.
Distribution to needy persons
Each State agency receiving commodities for individual household use under this chapter shall distribute such commodities to eligible recipient agencies in the State that serve needy persons, and shall, with the approval of the Secretary, determine those persons in the State that shall qualify as needy persons eligible for such commodities.
Cooperative agreements with adjoining States
Each State agency receiving commodities under this chapter may—
enter into cooperative agreements with State agencies of other States for joint provision of such commodities to an emergency feeding organization that serves needy persons in a single geographical area part of which is situated in each of such States; or
transfer such commodities to any such emergency feeding organization in the other State under such agreement.
Footnotes
- 1 So in original. Probably should be “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.
Pub. L. 98–8 title II § 203B · 97 Stat. 13
Enacted · 7 U.S.C. § 7505
Pub. L. 98–8, title II, § 203B, as added Pub. L. 98–92, § 2(5), Sept. 2, 1983, 97 Stat. 610
Source evidence
Code source credit
Pub. L. 98–8, title II, § 203B, as added Pub. L. 98–92, § 2(5), Sept. 2, 1983, 97 Stat. 610Food Security Act of 1985
Pub. L. 99–198 § 1568(a) · 99 Stat. 1354
Inserted · 7 U.S.C. § 7505(b)
Pub. L. 99–198, § 1568(a), inserted at end “Each State agency shall encourage distribution of such commodities in rural areas.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–198, § 1568(a), inserted at end “Each State agency shall encourage distribution of such commodities in rural areas.”Enacted provision · exact public law section
(a) Section 2038(b) 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 sentence: “Each State agency shall encourage distribution of such commodities in rural areas.”.Food Security Act of 1985
Pub. L. 99–198 § 1568(b) · 99 Stat. 1354
Added · 7 U.S.C. § 7505(d)
Pub. L. 99–198, § 1568(b), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–198, § 1568(b), added subsec. (d).Enacted provision · exact public law section
(b) Section 203B 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: “(d) Each State agency receiving commodities under this title may— “(1) enter into cooperative agreements with State agencies of other States for joint provision of such commodities to an emergency feeding organization that serves needy persons in a single geographical area part of which is situated in each of such States; or “(2) transfer such commodities to any such emergency feeding organization in the other State under such agreement.”.Hunger Prevention Act of 1988
Pub. L. 100–435 title I § 105(c) · 102 Stat. 1645
Inserted · 7 U.S.C. § 7505(a)
Pub. L. 100–435 inserted at end “Notwithstanding any other provision of this chapter, in the distribution of commodities under this chapter, each State agency shall have the option to give priority to existing food bank networks and other organizations whose ongoing primary function is to facilitate the distribution of food to low-income households, including food from sources other than the Department of Agriculture.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–435 inserted at end “Notwithstanding any other provision of this chapter, in the distribution of commodities under this chapter, each State agency shall have the option to give priority to existing food bank networks and other organizations whose ongoing primary function is to facilitate the distribution of food to low-income households, including food from sources other than the Department of Agriculture.”Enacted provision · exact public law section
(c) State Optional Priority.— Section 203B(a) 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 sentence: “Notwithstanding any other provision of this Act, in the distribution of commodities under this Act, each State agency shall have the n to give priority to existing food bank networks and other organizations whose ongoing primary function is to facilitate the distribution of food to low-income households, including food from sources other than the Department of Agriculture.”.Effective date note
Amendment by Pub. L. 100–435 to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as a note under section 2012 of this title.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 title VIII § 871(e)(1) · 110 Stat. 2105
Substituted · 7 U.S.C. § 7505(a)
Pub. L. 104–193 substituted “203A”, which was translated as “section 7504 of this title”, for “203 and 203A of this Act”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–193 substituted “203A”, which was translated as “section 7504 of this title”, for “203 and 203A of this Act”.Enacted provision · exact public law section
(1) in the first sentence of section 203B(a), by striking “203 and 203A of this Act” and inserting “203A”;
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1985–1996 · 3 rounds
1996
Subsec. (a). Pub. L. 104–193 substituted “203A”, which was translated as “section 7504 of this title”, for “203 and 203A of this Act”.
1988
Subsec. (a). Pub. L. 100–435 inserted at end “Notwithstanding any other provision of this chapter, in the distribution of commodities under this chapter, each State agency shall have the option to give priority to existing food bank networks and other organizations whose ongoing primary function is to facilitate the distribution of food to low-income households, including food from sources other than the Department of Agriculture.”
1985
Subsec. (b). Pub. L. 99–198, § 1568(a), inserted at end “Each State agency shall encourage distribution of such commodities in rural areas.”
Subsec. (d). Pub. L. 99–198, § 1568(b), added subsec. (d).
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(a) of Pub. L. 100–435, set out as a note under section 2012 of this title.
Effective Date
Pub. L. 98–92, § 2, , 97 Stat. 608, provided in part that this section is effective .
Credits
1983–1996 · 4 acts
- 1983Pub. L. 98–8, title II, § 203B, as added Pub. L. 98–92, § 2(5), , 97 Stat. 610
- 1985amended Pub. L. 99–198, title XV, § 1568, , 99 Stat. 1592
- 1988Pub. L. 100–435, title I, § 105(c), , 102 Stat. 1651
- 1996Pub. L. 104–193, title VIII, § 871(e)(1), , 110 Stat. 2345.
Show as published
(Pub. L. 98–8, title II, § 203B, as added Pub. L. 98–92, § 2(5), , 97 Stat. 610; amended Pub. L. 99–198, title XV, § 1568, , 99 Stat. 1592; Pub. L. 100–435, title I, § 105(c), , 102 Stat. 1651; Pub. L. 104–193, title VIII, § 871(e)(1), , 110 Stat. 2345.)