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7 U.S.C. § 1735 — General provisions

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1735 — General provisions

**(a) Prohibition** No agricultural commodity, food procured outside of the United States, food voucher, or cash transfer for food shall be made available under this chapter unless it is determined that— (1) in the case of the provision of an agricultural commodity, adequate storage facilities will be available in the recipient country at the time of the arrival of the commodity to prevent the spoilage or waste of the commodity; and (2) the distribution of the agricultural commodity or use of the food procured outside of the United States, food voucher, or cash transfer for food in the recipient country will not result in a substantial disincentive to or interference with domestic production or marketing in that country. **(b) Impact on local farmers and economy** The Secretary or the Administrator, as appropriate, shall ensure that the importation of United States agricultural commodities, the use of food procured outside of the United States, food vouchers, and cash transfers for food, and the use of local currencies for development purposes will not have a disruptive impact on the farmers or the local economy of the recipient country. The Secretary or the Administrator, as appropriate, shall seek information, as part of the regular proposal and submission process, from implementing agencies on the potential costs and benefits to the local economy within the recipient country. **(c) Transshipment** The Secretary or the Administrator, as appropriate, shall, under such terms and conditions as are determined to be appropriate, require commitments designed to prevent or restrict the resale or transshipment to other countries, or use for other than domestic purposes, of agricultural commodities donated or purchased under this chapter. **(d) Private trade channels and

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Stable record: federal_law:legal_authorities:record_usc_65ec696ec041e2316672aa00
Source file: Laws/federal/codes/united-states-code/title-7/section-1735-general-provisions--29f190dc4d.md
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Source location: Title 7, Chapter 41, § 1735; chapter-041-food-for-peace.md

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**(a) Prohibition** No agricultural commodity, food procured outside of the United States, food voucher, or cash transfer for food shall be made available under this chapter unless it is determined that— (1) in the case of the provision of an agricultural commodity, adequate storage facilities will be available in the recipient country at the time of the arrival of the commodity to prevent the spoilage or waste of the commodity; and (2) the distribution of the agricultural commodity or use of the food procured outside of the United States, food voucher, or cash transfer for food in the recipient country will not result in a substantial disincentive to or interference with domestic production or marketing in that country. **(b) Impact on local farmers and economy** The Secretary or the Administrator, as appropriate, shall ensure that the importation of United States agricultural commodities, the use of food procured outside of the United States, food vouchers, and cash transfers for food, and the use of local currencies for development purposes will not have a disruptive impact on the farmers or the local economy of the recipient country. The Secretary or the Administrator, as appropriate, shall seek information, as part of the regular proposal and submission process, from implementing agencies on the potential costs and benefits to the local economy within the recipient country. **(c) Transshipment** The Secretary or the Administrator, as appropriate, shall, under such terms and conditions as are determined to be appropriate, require commitments designed to prevent or restrict the resale or transshipment to other countries, or use for other than domestic purposes, of agricultural commodities donated or purchased under this chapter. **(d) Private trade channels and small business** Private trade channels shall be used under this chapter to the maximum extent practicable in the United States and in the recipient countries with respect to— (1) sales from privately owned stocks; (2) sales from stocks owned by the Commodity Credit Corporation; and (3) donations. Small businesses shall be provided adequate and fair opportunity to participate in such sales. **(e) World prices** (1) **In general** — In carrying out this chapter, reasonable precautions shall be taken to assure that sales or donations of agricultural commodities will not unduly disrupt world prices for agricultural commodities or normal patterns of commercial trade with foreign countries. (2) **Sale price** — Sales of agricultural commodities described in paragraph (1) shall be made at a reasonable market price in the economy where the agricultural commodity is to be sold, as determined by the Secretary or the Administrator, as appropriate. **(f) Publicity** Commitments shall be obtained from countries or private entities, as appropriate, receiving commodities under this chapter that such countries or private entities will widely publicize, to the extent practicable, through the use of the public media and through other means, that such commodities are being provided through the friendship of the American people as food for peace. **(g) Participation of private sector** The Secretary or the Administrator, as appropriate, shall encourage the private sector of the United States and private importers in developing countries to participate in the programs established under this chapter. **(h) Safeguard usual marketings** In carrying out this chapter, reasonable precautions shall be taken to safeguard the usual marketings of the United States and to avoid displacing any sales of the United States agricultural commodities that the Secretary or Administrator determines would otherwise be made. **(i) Military distribution of food aid** (1) **In general** — The Secretary or the Administrator, as appropriate, shall attempt to ensure that agricultural commodities made available under this chapter will be provided without regard to the political affiliation, geographic location, ethnic, tribal, or religious identity of the recipient or without regard to other extraneous factors. (2) **Prohibition on handling of commodities by the military** (A) *In general* — Except as provided in subparagraph (B), the Secretary or the Administrator, as appropriate, shall not enter into an agreement under this chapter to provide agricultural commodities if such agreement requires or permits the distribution, handling, or allocation of such commodities by the military forces of any government or insurgent group. (B) *Exception* — Notwithstanding subparagraph (A), the Secretary or the Administrator, as appropriate, may authorize the handling or distribution of commodities by the military forces of a country in exceptional circumstances in which— (i) nonmilitary channels are not available for such handling or distribution; (ii) such action is consistent with the requirements of paragraph (1); and (iii) the Secretary or the Administrator, as appropriate, determines that such action is necessary to meet the emergency health, safety, or nutritional requirements of the recipient population. (3) **Encouragement of safe passage** — When entering into agreements under this chapter that involve areas within recipient countries that are experiencing protracted warfare or civil strife, the Secretary or the Administrator, as appropriate, shall, to the extent practicable, encourage all parties to the conflict to permit safe passage of the commodities and other relief supplies and to establish safe zones for medical and humanitarian treatment and evacuation of injured persons. **(j) Violations of human rights** (1) **Ineligible countries** — The Secretary or the Administrator, as appropriate, shall not enter into any agreement under this chapter to provide agricultural commodities, or to finance the sale of agricultural commodities, to the government of any country determined by the President to engage in a consistent pattern of gross violations of internationally recognized human rights, including— (A) the torture or cruel, inhuman, or degrading treatment or punishment of individuals; (B) the prolonged detention of individuals without charges; (C) the responsibility for causing the disappearance of individuals through the abduction and clandestine detention of such individuals; or (D) other flagrant denials of the right to life, liberty, and the security of persons. (2) **Waiver** — Paragraph (1) shall not prohibit the provision of assistance to such a country if the assistance is targeted to the most needy people in such country and is made available in such country through channels other than the government. **(k) Abortion prohibition** Local currencies that are made available for use under this chapter may not be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. **(l) Sale procedure** (1) **In general** — Subsections (b) and (h) shall apply to sales of commodities in recipient countries to generate proceeds to carry out projects under— (A) subchapters II and III; (B) [section 1431(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1431/b&num=0&edition=prelim); and (C) the Food for Progress Act of 1985 ([7 U.S.C. 1736](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1736&num=0&edition=prelim)o). (2) **Currency** — A sale described in paragraph (1) may be made in United States dollars or other currencies.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1691 — Notification to congressional committees

**(a) Notice of negotiations** The Secretary of State and the Secretary of the Treasury shall, in every feasible instance, notify the designated congressional committees not less than 15 days prior to any formal negotiation for debt relief under this subchapter. **(b) Transmittal of text of agreements** The Secretary of State shall transmit to the designated congressional committees a copy of the text of any agreement with any foreign government which would result in any debt relief under this subchapter no less than 30 days prior to its entry into force, together with a detailed justification of the interest of the United States in the proposed debt relief. **(c) Annual report** The Secretary of State or the Secretary of the Treasury, as appropriate, shall submit to the designated congressional committees not later than February 1 of each year a consolidated statement of the budgetary implications of all debt relief agreements entered into force under this subchapter during the preceding fiscal year. **(d) Designated congressional committees** As used in this section, the term “designated congressional committees” means the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1691

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1736 — Agreements

**(a) In general** Before entering into agreements with foreign countries under subchapters II and III–A for the provision of commodities, the Secretary or the Administrator, as appropriate, shall consider the extent to which the recipient country is undertaking measures for economic development purposes in order to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable development. **(b) Terms of agreement** An agreement entered into under this chapter shall— (1) include an estimate of the annual value or volume of agricultural commodities proposed to be made available to the country or eligible organization under the agreement; (2) with respect to agreements entered into with foreign countries under subchapters II and III–A, include a statement of the manner in which the agricultural commodities provided under the agreement or the revenues generated by the sale of such commodities (if such commodities are sold), will be integrated into the overall development plans of the country to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable agriculture and broad-based economic growth; (3) with respect to agreements entered into under subchapters II and III–A, include a statement of the manner in which competitive private sector participation within the recipient country in the storage, marketing, transportation, and distribution of agricultural commodities made available under this chapter will be encouraged; (4) include a statement that such agreement shall be subject to the availability, during each fiscal year to which the agreement applies, of the necessary appropriations and agricultural commodities; and (5) contain such other

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1736

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1307 — Consumer safeguards

The powers conferred under this chapter shall not be used to discourage the production of supplies of foods and fibers sufficient to maintain normal domestic human consumption as determined by the Secretary from the records of domestic human consumption in the years 1920 to 1929, inclusive, taking into consideration increased population quantities of any commodity that were forced into domestic consumption by decline in exports during such period, current trends in domestic consumption and exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities. In carrying out the purposes of this chapter it shall be the duty of the Secretary to give due regard to the maintenance of a continuous and stable supply of agricultural commodities from domestic production adequate to meet consumer demand at prices fair to both producers and consumers.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1307

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4301 — Congressional findings and declaration of policy

Flowers and plants are an integral part of American life, contributing a natural and beautiful element, especially in urban areas, to what is increasingly a manmade, artificial environment for this country’s citizens. Providing comfort and pleasure for many special occasions as well as for everyday living, flowers and plants work against visual pollution and, in the case of green plants, generate oxygen within their environment. The flowers and plants to which this chapter refers are cut flowers, potted flowering plants, and foliage plants. These flowers and plants are produced by many individual producers throughout the United States and in foreign countries. These products move in interstate and foreign commerce, and those that do not move in such channels of commerce directly burden or affect interstate commerce of these products. The maintenance and expansion of existing markets and the development of new or improved markets and uses are vital to the welfare of flower and plant producers, brokers, wholesalers, and retailers throughout the Nation. The floral industry within the United States is comprised mainly of small- and medium-sized businesses. The producers are primarily agriculturally-oriented companies rather than promotion-oriented companies. The development and implementation of coordinated programs of research and promotion necessary for the maintenance of markets and the development of new markets have been inadequate. Without cooperative action in providing for and financing such programs, individual flower and plant producers, wholesalers, and retailers are unable to implement programs of research, consumer and producer information, and promotion necessary to maintain and improve markets for these products. It is widely recognized that it is in the publ

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4301

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1735 — Consultation

Page 996 TITLE 7—AGRICULTURE § 1735 Subsec. (c)(1). Pub. L. 104–127, § 214(3), added par. (1) and struck out heading and text of former par. (1). Text read as follows: ‘‘Agreements to provide assistance on a multi-year basis under this chapter shall be made available to recipient countries or to eligible organiza- tions.’’ 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions outlining aims of assistance programs, namely humanitarian and national interest objectives, and requiring assessments of recipient countries to determine types and quan- tities of commodities needed, conditions under which distribution should take place, most suitable timing for delivery, etc. 1979—Pub. L. 96–53 designated existing provisions as subsec. (a), substituted provisions relating to aims of programs of assistance conducted under this chapter and sections 1427 and 1431 of this title and the types and quantities of agricultural commodities to be made available, for provisions relating to aims of assistance programs undertaken pursuant to this chapter and sec- tions 1427 and 1431 of this title, and added subsec. (b). 1966—Pub. L. 89–808 substituted provision declaratory of aims of assistance programs as the attainment of hu- manitarian objectives and the national interest for pro- visions requiring the Secretary of Agriculture to maxi- mize the sale of commodities and avoid displacement of cash sales, now provided for by sections 1703(n) and 1707(b) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective Jan. 1, 1991, see section 1513 of Pub. L. 101–624, set out as a note under section 1691 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by P

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1735

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1736 — Use of Commodity Credit Corporation

Page 996 TITLE 7—AGRICULTURE § 1735 Subsec. (c)(1). Pub. L. 104–127, § 214(3), added par. (1) and struck out heading and text of former par. (1). Text read as follows: ‘‘Agreements to provide assistance on a multi-year basis under this chapter shall be made available to recipient countries or to eligible organiza- tions.’’ 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions outlining aims of assistance programs, namely humanitarian and national interest objectives, and requiring assessments of recipient countries to determine types and quan- tities of commodities needed, conditions under which distribution should take place, most suitable timing for delivery, etc. 1979—Pub. L. 96–53 designated existing provisions as subsec. (a), substituted provisions relating to aims of programs of assistance conducted under this chapter and sections 1427 and 1431 of this title and the types and quantities of agricultural commodities to be made available, for provisions relating to aims of assistance programs undertaken pursuant to this chapter and sec- tions 1427 and 1431 of this title, and added subsec. (b). 1966—Pub. L. 89–808 substituted provision declaratory of aims of assistance programs as the attainment of hu- manitarian objectives and the national interest for pro- visions requiring the Secretary of Agriculture to maxi- mize the sale of commodities and avoid displacement of cash sales, now provided for by sections 1703(n) and 1707(b) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective Jan. 1, 1991, see section 1513 of Pub. L. 101–624, set out as a note under section 1691 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by P

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1736

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