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7 U.S.C. § 9081 — Dairy donation program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Eligible dairy organization** — The term “eligible dairy organization” has the meaning given the term in [section 9071(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9071/a&num=0&edition=prelim).
(2) **Eligible dairy product** — The term “eligible dairy product” means a product primarily made from milk, including fluid milk, that is produced and processed in the United States.
(3) **Eligible distributor** — The term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families.
(4) **Eligible partnership** — The term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor.
**(b) Establishment and purposes** Not later than 60 days after December 27, 2020, the Secretary shall establish and administer a dairy donation program for the purposes of—
(1) facilitating the timely donation of eligible dairy products; and
(2) preventing and minimizing food waste.
**(c) Donation and distribution plans**
(1) **In general** — To be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible dairy products.
(2) **Review and approval**
(A) *In general* — Not later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall—
(i) review that plan; and
(ii) issue an approval or disapproval of that plan.
(B) *Emergency and disaster-related prioritization*
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Stable record: federal_law:legal_authorities:record_usc_7f7b1acf2d7d4e47616ef0c2
Source file: Laws/federal/codes/united-states-code/title-7/section-9081-dairy-donation-program--16b94b7d4a.md
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Source location: Title 7, Chapter 115, § 9081; chapter-115-agricultural-commodity-policy-and-programs.md
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**(a) Definitions** In this section:
(1) **Eligible dairy organization** — The term “eligible dairy organization” has the meaning given the term in [section 9071(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9071/a&num=0&edition=prelim).
(2) **Eligible dairy product** — The term “eligible dairy product” means a product primarily made from milk, including fluid milk, that is produced and processed in the United States.
(3) **Eligible distributor** — The term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families.
(4) **Eligible partnership** — The term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor.
**(b) Establishment and purposes** Not later than 60 days after December 27, 2020, the Secretary shall establish and administer a dairy donation program for the purposes of—
(1) facilitating the timely donation of eligible dairy products; and
(2) preventing and minimizing food waste.
**(c) Donation and distribution plans**
(1) **In general** — To be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible dairy products.
(2) **Review and approval**
(A) *In general* — Not later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall—
(i) review that plan; and
(ii) issue an approval or disapproval of that plan.
(B) *Emergency and disaster-related prioritization*
(i) *In general* — In receiving and reviewing a donation and distribution plan submitted under paragraph (1), the Secretary shall determine whether an emergency or disaster was a substantial factor in the submission, including—
(I) a declared or renewed public health emergency under [section 247d of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d&num=0&edition=prelim); and
(II) a disaster designated by the Secretary.
(ii) *Priority review* — On making an affirmative determination under clause (i) with respect to a donation and distribution plan submitted under paragraph (1), the Secretary shall give priority to the approval or disapproval of that plan.
**(d) Reimbursement**
(1) **In general** — On receipt of appropriate documentation under paragraph (3), the Secretary shall reimburse an eligible dairy organization that is a member of an eligible partnership for which the Secretary has approved a donation and distribution plan under subsection (c)(2)(A)(ii) at a rate equal to the product obtained by multiplying—
(A) the current reimbursement price described in paragraph (2); and
(B) the volume of milk required to make the donated eligible dairy product.
(2) **Reimbursement price** — The Secretary—
(A) shall set the reimbursement price referred to in paragraph (1)(A) at a value that shall—
(i) be representative of the cost of the milk required to make the donated eligible dairy product;
(ii) be between the lowest and highest of the class I, II, III, or IV milk prices on the date of the production of the eligible dairy product;
(iii) be sufficient to avoid food waste; and
(iv) not interfere with the commercial marketing of milk or dairy products;
(B) may set appropriate reimbursement prices under subparagraph (A) for different eligible dairy products by class and region for the purpose of—
(i) encouraging the donation of surplus eligible dairy products;
(ii) facilitating the orderly marketing of milk;
(iii) reducing volatility relating to significant market disruptions;
(iv) maintaining traditional price relationships between classes of milk; or
(v) stabilizing on-farm milk prices.
(3) **Documentation**
(A) *In general* — An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate—
(i) the production of the eligible dairy product; and
(ii) the donation of the eligible dairy product to an eligible distributor.
(B) *Verification* — The Secretary may verify the accuracy of documentation submitted under subparagraph (A).
(4) **Retroactive reimbursement** — In providing reimbursements under paragraph (1), the Secretary may provide reimbursements for eligible dairy product costs incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary under subsection (c)(2)(A)(ii).
(5) **Emergency and disaster-related prioritization** — In providing reimbursements under paragraph (1), the Secretary shall give priority to reimbursements to eligible dairy organizations covered by a donation and distribution plan for which the Secretary makes an affirmative determination under subsection (c)(2)(B)(i).
**(e) Prohibition on resale of products**
(1) **In general** — An eligible distributor that receives eligible dairy products donated under this section may not sell the eligible dairy products into commercial markets.
(2) **Prohibition on future participation** — An eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section.
**(f) Reviews** The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.
**(g) Publication of donation activity** The Secretary, acting through the Administrator of the Agricultural Marketing Service, shall publish on the publicly accessible website of the Agricultural Marketing Service periodic reports describing donation activity under this section.
**(h) Supplemental reimbursements**
(1) **In general** — The Secretary shall make a supplemental reimbursement to an eligible dairy organization that received a reimbursement under the milk donation program established under [section 9071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9071&num=0&edition=prelim) during the period beginning on January 1, 2020, and ending on the date on which amounts made available under subsection (i) are no longer available.
(2) **Reimbursement calculation** — A supplemental reimbursement described in paragraph (1) shall be an amount equal to—
(A) the reimbursement calculated under subsection (d); minus
(B) the reimbursement under the milk donation program described in paragraph (1).
**(i) Funding** Out of any amounts of the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this section $400,000,000, to remain available until expended.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out dairy margin coverage.
**(b) Reconstitution** The Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy producer receiving dairy margin coverage payments.
**(c) Administrative appeals** Using authorities under [section 1308(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308/h&num=0&edition=prelim) and subtitle H of the Department of Agriculture Reorganization Act ([7 U.S.C. 6991](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6991&num=0&edition=prelim) et seq.), the Secretary shall promulgate regulations to provide for administrative appeals of decisions of the Secretary that are adverse to participants of dairy margin coverage.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9071
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergencies** If the Secretary determines, after consultation with such public health officials as may be necessary, that—
(1) a disease or disorder presents a public health emergency; or
(2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists,
the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination.
**(b) Public Health Emergency Fund**
(1) **In general** — There is established in the Treasury a fund to be designated as the “Public Health Emergency Fund” to be made available to the Secretary without fiscal year limitation to carry out subsection (a) only if a public health emergency has been declared by the Secretary under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall make grants to State departments of agriculture (or such equivalent department) to expand or sustain stress assistance programs for individuals who are engaged in farming, ranching, and other agriculture-related occupations, including—
(1) programs that meet the criteria specified in [section 5936(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5936/b/1&num=0&edition=prelim); and
(2) any State initiatives carried out as of December 27, 2020, that provide stress assistance for such individuals.
**(b) Grant timing and amount** In making grants under subsection (a), not later than 60 days after December 27, 2020, and subject to subsection (c), the Secretary shall—
(1) make awards to States submitting State plans that meet the criteria specified in paragraph (1) of such subsection within the time period specified by the Secretary; and
(2) of the amounts made available under subsection (f), allocate among such States, an amount to be determined by the Secretary, which in no case may exceed $500,000 for each State.
**(c) State plan**
(1) **In general** — A State department of agriculture seeking a grant under subsection (a) shall submit to the Secretary a State plan to expand or sustain stress assistance programs described in that subsection that includes—
(A) a description of each activity and the estimated amount of funding to support each program and activity carried out through such a program;
(B) an estimated timeline for the operation of each such program and activity;
(C) the total amount of funding sought; and
(D) an assurance that the State department of agriculture will comply with the reporting requirement under subsection (e).
(2) **Guidance** — Not later tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 5936a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions**
(1) **Average adjusted gross income** — In this section, the term “average adjusted gross income”, with respect to a person or legal entity, means the average of the adjusted gross income or comparable measure of the person or legal entity over the 3 taxable years preceding the most immediately preceding complete taxable year, as determined by the Secretary.
(2) **Special rules for certain persons and legal entities** — In the case of a legal entity that is not required to file a Federal income tax return or a person or legal entity that did not have taxable income in 1 or more of the taxable years used to determine the average under paragraph (1), the Secretary shall provide, by regulation, a method for determining the average adjusted gross income of the person or legal entity for purposes of this section.
(3) **Allocation of income** — On the request of any person filing a joint tax return, the Secretary shall provide for the allocation of average adjusted gross income among the persons filing the return if—
(A) the person provides a certified statement by a certified public accountant or attorney that specifies the method by which the average adjusted gross income would have been declared and reported had the persons filed 2 separate returns; and
(B) the Secretary determines that the method described in the statement is consistent with the information supporting the filed joint tax return.
**(b) Limitations on commodity and conservation programs**
(1) **Limitation** — Notwithstanding any other provision of law, subject to paragraphs (3) and (4), a person or legal entity shall not be eligible to receive any benefit described in paragraph (2) during a crop, fiscal, or program year, as appropriate, if the average adjusted gross income of
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to offer insurance**
(1) **In general** — If sufficient actuarial data are available (as determined by the Corporation), the Corporation may insure, or provide reinsurance for insurers of, producers of agricultural commodities grown in the United States under 1 or more plans of insurance determined by the Corporation to be adapted to the agricultural commodity concerned. To qualify for coverage under a plan of insurance, the losses of the insured commodity must be due to drought, flood, or other natural disaster (as determined by the Secretary).
(2) **Period** — Except in the cases of tobacco, potatoes, sweet potatoes, and hemp, insurance shall not extend beyond the period during which the insured commodity is in the field. As used in the preceding sentence, in the case of an aquacultural species, the term “field” means the environment in which the commodity is produced.
(3) **Exclusion of losses due to certain actions of producer**
(A) *Exclusions* — Insurance provided under this subsection shall not cover losses due to—
(i) the neglect or malfeasance of the producer;
(ii) the failure of the producer to reseed to the same crop in such areas and under such circumstances as it is customary to reseed; or
(iii) the failure of the producer to follow good farming practices, including scientifically sound sustainable and organic farming practices.
(B) *Good farming practices determination review*
(i) *Informal administrative process* — A producer shall have the right to a review of a determination regarding good farming practices made under subparagraph (A)(iii) in accordance with an informal administrative process to be established by the Corporation.
(ii) *Administrative review*
(I) *No adverse decision* — The determi
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1508
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Operation and administration of program**
(1) **In general**
(A) *Coverages* — In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to—
(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act ([7 U.S.C. 1508(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/b&num=0&edition=prelim)); or
(ii) except in the case of crops and grasses used for grazing, additional coverage available under subsections (c) and (h) of section 508 of that Act ([7 U.S.C. 1508](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508&num=0&edition=prelim)) that does not exceed 65 percent, as described in subsection (l).
(B) *Administration* — The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the “Agency”).
(C) *Data collection and sharing* — The Secretary shall coordinate with the Administrator of the Risk Management Agency on the type and format of data received under the noninsured crop disaster assistance program that—
(i) best facilitates the use of that data in developing policies or plans of insurance offered under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.); and
(ii) ensures the availability of that data on a regular basis.
(D) *Coordination* — The Secretary shall coordinate between the agencies of the Department that provide programs or services to farmers and ranchers that are potentially eligible fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7333
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered producer** — The term “covered producer” means an eligible producer on a farm that is—
(A) as determined by the Secretary—
(i) a beginning farmer or rancher;
(ii) a socially disadvantaged farmer or rancher; or
(iii) a limited resource farmer or rancher; or
(B) a veteran farmer or rancher, as defined in [section 2279(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2279/a&num=0&edition=prelim).
(2) **Eligible producer on a farm**
(A) *In general* — The term “eligible producer on a farm” means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock.
(B) *Description* — An individual or entity referred to in subparagraph (A) is—
(i) a citizen of the United States;
(ii) a resident alien;
(iii) an Indian tribe or tribal organization (as those terms are defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim));
(iv) a partnership of citizens of the United States; or
(v) a corporation, limited liability corporation, or other farm organizational structure organized under State law.
(3) **Farm-raised fish** — The term “farm-raised fish” means any aquatic species that is propagated and reared in a controlled environment.
(4) **Livestock** — The term “livestock” includes—
(A) cattle (including dairy cattle);
(B) bison;
(C) poultry;
(D) sheep;
(E) swine;
(F) horses; and
(G) other livestock, as determined by the Secretary.
(5) **Secretary** — The term “Secretary” means the Secretary of Agric
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9091
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Federal law — U.S. Code and appendices · legal_authorities
Page 2293
TITLE 7—AGRICULTURE
§ 9081
distribution plan under subsection (c)(2)(A)(ii)
at a rate equal to the product obtained by
multiplying—
(A) the current reimbursement price de-
scribed in paragraph (2); and
(B) the volume of milk required to make
the donated eligible dairy product.
(2) Reimbursement price
The Secretary—
(A) shall set the reimbursement price re-
ferred to in paragraph (1)(A) at a value that
shall—
(i) be representative of the cost of the
milk required to make the donated eligible
dairy product;
(ii) be between the lowest and highest of
the class I, II, III, or IV milk prices on the
date of the production of the eligible dairy
product;
(iii) be sufficient to avoid food waste;
and
(iv) not interfere with the commercial
marketing of milk or dairy products;
(B) may set appropriate reimbursement
prices under subparagraph (A) for different
eligible dairy products by class and region
for the purpose of—
(i) encouraging the donation of surplus
eligible dairy products;
(ii) facilitating the orderly marketing of
milk;
(iii) reducing volatility relating to sig-
nificant market disruptions;
(iv) maintaining traditional price rela-
tionships between classes of milk; or
(v) stabilizing on-farm milk prices.
(3) Documentation
(A) In general
An eligible dairy organization shall submit
to the Secretary such documentation as the
Secretary may require to demonstrate—
(i) the production of the eligible dairy
product; and
(ii) the donation of the eligible dairy
product to an eligible distributor.
(B) Verification
The Secretary may verify the accuracy of
documentation submitted under subpara-
graph (A).
(4) Retroactive reimbursement
In providing reimbursements under para-
graph (1), the Secretary may provide reim-
bursements for elig
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 9081
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.