Title 7 — Agriculture
Chapter 102 — Emergency Food Assistance
§ 7507. State and local supplementation of commodities
Statutory text
Authorization
The Secretary shall establish procedures under which State and local agencies, charitable institutions, or any other persons may supplement the commodities distributed under the program authorized by this chapter for use by emergency feeding organizations with nutritious and wholesome commodities that such entities or persons donate to State agencies and emergency feeding organizations for distribution, in all or part of the State, in addition to the commodities otherwise made available under this chapter.
Use of funds and facilities
States and emergency feeding organizations may use the funds appropriated under this chapter and equipment, structures, vehicles, and all other facilities involved in the storage, handling, or distribution of commodities made available under this chapter, and the personnel, both paid or volunteer, involved in such storage, handling, or distribution, to store, handle or distribute commodities donated for the use of emergency feeding organizations under subsection (a).
Volunteer workers
State and emergency feeding organizations shall continue, to the maximum extent practicable, to use volunteer workers and commodities and other foodstuffs donated by charitable and other organizations in the operation of the program authorized by this section.
Projects to harvest, process, package, or transport donated commodities
Definition of project
In this subsection, the term “project” means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a).
Federal funding for projects
In general
Subject to subparagraphs (B) and (C) and paragraph (3), using funds made available under paragraph (5), the Secretary may provide funding to States to pay for the costs of carrying out a project.
Federal share
The Federal share of the cost of a project under subparagraph (A) shall not exceed 50 percent of the total cost of the project.
Allocation
In general
Each fiscal year, the Secretary shall allocate the funds made available under subparagraph (A), based on a formula determined by the Secretary, to States that have submitted a State plan describing a plan of operation for a project under section 7503(b)(5) of this title.
Reallocation
If the Secretary determines that a State will not expend all of the funds allocated to the State for a fiscal year under clause (i), the Secretary shall reallocate the unexpended funds to other States that have submitted under section 7503(b)(5) of this title a State plan describing a plan of operation for a project during that fiscal year or the subsequent fiscal year, as the Secretary determines appropriate.
Reports
Each State to which funds are allocated for a fiscal year under this subparagraph shall, on a regular basis, submit to the Secretary financial reports describing the use of the funds.
Project purposes
A State may only use Federal funds received under paragraph (2) for a project the purposes of which are—
to reduce food waste at the agricultural production, processing, or distribution level through the donation of food;
to provide food to individuals in need; and
to build relationships between agricultural producers, processors, and distributors and emergency feeding organizations through the donation of food.
Cooperative agreements
The Secretary may encourage a State agency that carries out a project using Federal funds received under paragraph (2) to enter into cooperative agreements with State agencies of other States under section 7505(d) of this title to maximize the use of commodities donated under the project.
Funding
Out of funds not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $4,000,000 for each of fiscal years 2019 through 2031, to remain available until the end of the subsequent fiscal year.
Food waste
The Secretary shall issue guidance outlining best practices to minimize the food waste of the commodities donated under subsection (a).
Food donation standards
Definitions
In this subsection:
Apparently wholesome food
The term “apparently wholesome food” has the meaning given the term in section 1791(b) of title 42.
Institution of higher education
The term “institution of higher education” has the meaning given the term in section 1002 of title 20.
Qualified direct donor
The term “qualified direct donor” means a retail food store, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education.
Guidance
In general
Not later than 180 days after , the Secretary shall issue guidance to promote awareness of donations of apparently wholesome food protected under section 1791(c) of title 42 by qualified direct donors in compliance with applicable State and local health, food safety, and food handling laws (including regulations).
Issuance
The Secretary shall encourage State agencies and emergency feeding organizations to share the guidance issued under subparagraph (A) with qualified direct donors.
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 § 203D · 97 Stat. 13
Enacted · 7 U.S.C. § 7507
Pub. L. 98–8, title II, § 203D, as added Pub. L. 100–435, title I, § 102, Sept. 19, 1988, 102 Stat. 1647
Source evidence
Code source credit
Pub. L. 98–8, title II, § 203D, as added Pub. L. 100–435, title I, § 102, Sept. 19, 1988, 102 Stat. 1647Agriculture Improvement Act of 2018
Pub. L. 115–334 § 4018(b) · 132 Stat. 4490
Added · 7 U.S.C. § 7507(d); 7 U.S.C. § 7507(e)
Pub. L. 115–334, § 4018(b), (c), added subsecs. (d) and (e)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 115–334, § 4018(b), (c), added subsecs. (d) and (e).Enacted provision · exact public law section
(b) State and Local Supplementation of Commodities.— Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507) is amended by adding at the end the following: “(d) Projects to Harvest, Process, Package, or Transport Donated Commodities.— “(1) Definition of project.— In this subsection, the term ‘project’ means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a). “(2) Federal funding for projects.— “(A) In general.— Subject to subparagraphs (B) and (C) and paragraph (3), using funds made available under paragraph (5), the Secretary may provide funding to States to pay for the costs of carrying out a project. “(B) Federal share.— The Federal share of the cost of a project under subparagraph (A) shall not exceed 50 percent of the total cost of the project. “(C) Allocation.— “(i) In general.— Each fiscal year, the Secretary shall allocate the funds made available under subparagraph (A), based on a formula determined by the Secretary, to States that have submitted a State plan describing a plan of operation for a project under section 202A(b)(5). “(ii) Reallocation.— If the Secretary determines that a State will not expend all of the funds allocated to the State for a fiscal year under clause (i), the Secretary shall reallocate the unexpended funds to other States that have submitted under section 202A(b)(5) a State plan describing a plan of operation for a project during that fiscal year or the subsequent fiscal year, as the Secretary determines appropriate. “(iii) Reports.— Each State to which funds are allocated for a fiscal year under this subparagraph shall, on a regular basis, submit to the Secretary financial reports describing the use of the funds. “(3) Project purposes.— A State may only use Federal funds received under paragraph (2) for a project the purposes of which are— “(A) to reduce food waste at the agricultural production, processing, or distribution level through the donation of food; “(B) to provide food to individuals in need; and “(C) to build relationships between agricultural producers, processors, and distributors and emergency feeding organizations through the donation of food. “(4) Cooperative agreements.— The Secretary may encourage a State agency that carries out a project using Federal funds received under paragraph (2) to enter into cooperative agreements with State agencies of other States under section 203B(d) to maximize the use of commodities donated under the project. “(5) Funding.— Out of funds not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $4,000,000 for each of fiscal years 2019 through 2023, to remain available until the end of the subsequent fiscal year.” .Agriculture Improvement Act of 2018
Pub. L. 115–334 § 4104 · 132 Stat. 4490
Added · 7 U.S.C. § 7507(f)
Pub. L. 115–334, § 4104, added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 115–334, § 4104, added subsec. (f).Enacted provision · exact public law section
SEC. 4104. FOOD DONATION STANDARDS. Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507), as amended by section 4018(c), is amended by adding at the end the following: “(f) Food Donation Standards.— “(1) Definitions.— In this subsection: “(A) Apparently wholesome food.— The term ‘apparently wholesome food’ has the meaning given the term in section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b)). “(B) Institution of higher education.— The term ‘institution of higher education’ has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). “(C) Qualified direct donor.— The term ‘qualified direct donor’ means a retail food store, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education. “(2) Guidance.— “(A) In general.— Not later than 180 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall issue guidance to promote awareness of donations of apparently wholesome food protected under section 22(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(c)) by qualified direct donors in compliance with applicable State and local health, food safety, and food handling laws (including regulations). “(B) Issuance.— The Secretary shall encourage State agencies and emergency feeding organizations to share the guidance issued under subparagraph (A) with qualified direct donors.” .Further Continuing Appropriations and Other Extensions Act, 2024
Pub. L. 118–22 div. B title I § 102(d)(3) · 137 Stat. 112
Substituted · 7 U.S.C. § 7507(d)(5)
Pub. L. 118–22 substituted “2024” for “2023”
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 118–22 substituted “2024” for “2023”.Enacted provision · exact public law section
(3) Nutrition.— Section 203D(d)(5) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507(d)(5)) is amended by striking “2023” and inserting “2024”.Effective date note
Amendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.Pub. L. 119–21 title I § 10603 · 139 Stat. 108
Substituted · 7 U.S.C. § 7507(d)(5)
Pub. L. 119–21 substituted “2031” for “2024”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 119–21 substituted “2031” for “2024”.
3 of 5 references resolved to an enrolled provision · 1 partial · 1 unresolved
Editorial Notes
Amendments2018–2025 · 3 rounds
2025
Subsec. (d)(5). Pub. L. 119–21 substituted “2031” for “2024”.
2023
Subsec. (d)(5). Pub. L. 118–22 substituted “2024” for “2023”.
2018
Subsecs. (d), (e). Pub. L. 115–334, § 4018(b), (c), added subsecs. (d) and (e).
Subsec. (f). Pub. L. 115–334, § 4104, added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Amendment by Pub. L. 118–22 to be applied and administered as if enacted on , see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.
Effective Date
Section to be effective and implemented on , see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title.
Credits
1988–2025 · 4 acts
- 1988Pub. L. 98–8, title II, § 203D, as added Pub. L. 100–435, title I, § 102, , 102 Stat. 1647
- 2018amended Pub. L. 115–334, title IV, §§ 4018(b), (c), 4104, , 132 Stat. 4648, 4649, 4655
- 2023Pub. L. 118–22, div. B, title I, § 102(d)(3), , 137 Stat. 116
- 2025Pub. L. 119–21, title I, § 10603, , 139 Stat. 108.
Show as published
(Pub. L. 98–8, title II, § 203D, as added Pub. L. 100–435, title I, § 102, , 102 Stat. 1647; amended Pub. L. 115–334, title IV, §§ 4018(b), (c), 4104, , 132 Stat. 4648, 4649, 4655; Pub. L. 118–22, div. B, title I, § 102(d)(3), , 137 Stat. 116; Pub. L. 119–21, title I, § 10603, , 139 Stat. 108.)