7 U.S.C. § 7508 — Authorization and appropriations

Page 2045 TITLE 7—AGRICULTURE § 7508 (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 agricul- tural production, processing, or distribution level through the donation of food; (B) to provide food to individuals in need; and (C) to build relationships between agricul- tural producers, processors, and distributors and emergency feeding organizations through the donation of food. (4) Cooperative agreements The Secretary may encourage a State agen- cy that carries out a project using Federal funds received under paragraph (2) to enter into cooperative agreements with State agen- cies of other States under section 7505(d) of this title 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 2024, to remain available until the end of the subsequent fiscal year. (e) Food waste The Secretary shall issue guidance outlining best practices to minimize the food waste of the commodities donated under subsection (a). (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 1791(b) of title 42. (B) Institution of higher education The term ‘‘institution of higher edu- cation’’ has the meaning given the term in section 1002 of title 20. (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 edu- cation. (2) Guidance (A) In general Not later than 180 days after December 20, 2018, the Secretary shall issue guidance to promote awareness of donations of appar- ently wholesome food protected under sec- tion 1791(c) of title 42 by qualified direct do- nors in compliance with applicable State and local health, food safety, and food han- dling laws (including regulations). (B) Issuance The Secretary shall encourage State agen- cies and emergency feeding organizations to share the guidance issued under subpara- graph (A) with qualified direct donors. (Pub. L. 98–8, title II, § 203D, as added Pub. L. 100–435, title I, § 102, Sept. 19, 1988, 102 Stat. 1647; amended Pub. L. 115–334, title IV, §§ 4018(b), (c), 4104, Dec. 20, 2018, 132 Stat. 4648, 4649, 4655; Pub. L. 118–22, div. B, title I, § 102(d)(3), Nov. 17, 2023, 137 Stat. 116.) Editorial Notes AMENDMENTS 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 ad- ministered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agri- cultural Programs note under section 9001 of this title. EFFECTIVE DATE Section to be effective and implemented on Oct. 1, 1988, 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. § 7508. Authorization and appropriations (a)(1) There are authorized to be appropriated $100,000,000 for fiscal year 2008 and each fiscal year thereafter for the Secretary to make avail- able to the States to pay for the direct and indi- rect costs of the States related to the proc- essing, storage, transporting, and distributing to eligible recipient agencies of commodities pro- vided by the Secretary under this chapter and commodities secured from other sources, includ- ing commodities secured by gleaning (as defined in section 111(a) of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note; Public Law 100–435)) and donated wild game. Funds appropriated under this paragraph for any fiscal year shall be allo- cated to the States on an advance basis, dividing such funds among the States in the same propor- tions as the commodities distributed under this chapter for such fiscal year are divided among the States. If a State agency is unable to use all of the funds so allocated to it, the Secretary shall reallocate such unused funds among the other States. (2) Each State shall make available to emer- gency feeding organizations in the State not less than 40 per centum of the funds provided as au- thorized in paragraph (1) that it has been allo- cated for a fiscal year, as necessary to pay for, or provide advance payments to cover, the di- rect expenses of the emergency feeding organiza- tions for distributing commodities to needy per- sons, but only to the extent such expenses are actually so incurred by such organizations. As used in this paragraph, the term ‘‘direct ex- penses’’ includes costs of transporting, storing, handling, repackaging, processing, and distrib- Page 2046 TITLE 7—AGRICULTURE § 7508 uting commodities incurred after they are re- ceived by the organization; costs associated with determinations of eligibility, verification, and documentation; costs of providing informa- tion to persons receiving commodities under this chapter concerning the appropriate storage and preparation of such commodities; costs in- volved in publishing announcements of times and locations of distribution; and costs of rec- ordkeeping, auditing, and other administrative procedures required for participation in the pro- gram under this chapter. If a State makes a pay- ment, using State funds, to cover direct ex- penses of emergency feeding organizations, the amount of such payment shall be counted to- ward the amount a State must make available for direct expenses of emergency feeding organi- zations under this paragraph. (3) States to which funds are allocated for a fiscal year under this subsection shall submit fi- nancial reports to the Secretary, on a regular basis, as to the use of such funds. No such funds may be used by States or emergency feeding or- ganizations for costs other than those involved in covering the expenses related to the distribu- tion of commodities by emergency feeding orga- nizations. (4)(A) Except as provided in subparagraph (B), effective January 1, 1987, to be eligible to receive funds under this subsection, a State shall pro- vide in cash or in kind (according to procedures approved by the Secretary for certifying these in-kind contributions) from non-Federal sources a contribution equal to the difference between— (i) the amount of such funds so received; and (ii) any part of the amount allocated to the State and paid by the State— (I) to emergency feeding organizations; or (II) for the direct expenses of such organi- zations; for use in carrying out this chapter. (B)(i) Except as provided in clause (ii), sub- paragraph (A) shall apply to States beginning on January 1, 1987. (ii) If the legislature of a State does not con- vene in regular session before January 1, 1987, paragraph (1) shall apply to such State begin- ning on October 1, 1987. (C) Funds allocated to a State under this sec- tion may, upon State request, be allocated be- fore States satisfy the matching requirement specified in subparagraph (A), based on the esti- mated contribution required. The Secretary shall periodically reconcile estimated and ac- tual contributions and adjust allocations to the State to correct for overpayments and under- payments. (5) States may not charge for commodities made available to emergency feeding organiza- tions, and may not pass on to such organizations the cost of any matching requirements, under this chapter. (b) The value of the commodities made avail- able under this chapter and the funds of the Cor- poration used to pay the costs of initial proc- essing, packaging (including forms suitable for home use), and delivering commodities to the States shall not be charged against appropria- tions made or authorized under this section. (Pub. L. 98–8, title II, § 204, Mar. 24, 1983, 97 Stat. 35; Pub. L. 98–92, § 2(6), Sept. 2, 1983, 97 Stat. 610; Pub. L. 99–198, title XV, § 1569, Dec. 23, 1985, 99 Stat. 1592; Pub. L. 100–77, title VIII, § 813, July 22, 1987, 101 Stat. 537; Pub. L. 100–435, title I, §§ 103(a)–(c), 105(a), Sept. 19, 1988, 102 Stat. 1647, 1650; Pub. L. 101–624, title XVII, § 1772(c), (d), Nov. 28, 1990, 104 Stat. 3808, 3809; Pub. L. 104–127, title IV, § 403(a), Apr. 4, 1996, 110 Stat. 1029; Pub. L. 104–193, title VIII, § 871(c), (e)(2), Aug. 22, 1996, 110 Stat. 2345; Pub. L. 107–171, title IV, § 4204, May 13, 2002, 116 Stat. 330; Pub. L. 110–234, title IV, §§ 4201(c), 4406(b)(1), May 22, 2008, 122 Stat. 1121, 1141; Pub. L. 110–246, § 4(a), title IV, §§ 4201(c), 4406(b)(1), June 18, 2008, 122 Stat. 1664, 1882, 1902.) 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. AMENDMENTS 2008—Subsec. (a)(1). Pub. L. 110–246, § 4406(b)(1), in first sentence, substituted ‘‘for fiscal year 2008 and each fiscal year thereafter’’ for ‘‘for each of the fiscal years 2003 through 2007’’. Pub. L. 110–246, § 4201(c), in first sentence, substituted ‘‘$100,000,000’’ for ‘‘$60,000,000’’ and inserted ‘‘and do- nated wild game’’ before period at end. 2002—Subsec. (a)(1). Pub. L. 107–171, in first sentence, substituted ‘‘$60,000,000’’ for ‘‘$50,000,000’’ and ‘‘2003 through 2007’’ for ‘‘1991 through 2002’’, struck out ‘‘ad- ministrative’’ before ‘‘costs of the States’’, and inserted ‘‘storage,’’ after ‘‘processing,’’ and ‘‘, including com- modities secured by gleaning (as defined in section 111(a) of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note; Public Law 100–435))’’ after ‘‘sources’’. 1996—Subsec. (a). Pub. L. 104–193, § 871(e)(2), made technical amendment to reference in original act which appears in text as reference to ‘‘this chapter’’ in second sentence of par. (1), in second sentence of par. (2) imme- diately before concluding period, and in concluding pro- visions of par. (4)(A). Subsec. (a)(1). Pub. L. 104–193, § 871(c), in first sen- tence, substituted ‘‘to pay for the direct and indirect administrative costs of the States related to the proc- essing, transporting, and distributing to eligible recipi- ent agencies of commodities provided by the Secretary under this chapter and commodities secured from other sources’’ for ‘‘for State and local payments for costs as- sociated with the distribution of commodities by emer- gency feeding organizations under this chapter’’ and struck out at end ‘‘States may also use funds provided under this paragraph to pay for the costs associated with the distribution of commodities under the pro- gram authorized under section 110 of the Hunger Pre- vention Act of 1988 [section 110 of Pub. L. 100–435, set out above], and to pay for the costs associated with the distribution of additional commodities provided pursu- ant to section 7515 of this title’’. Pub. L. 104–127 substituted ‘‘2002’’ for ‘‘1995’’ in first sentence. 1990—Subsec. (a). Pub. L. 101–624, § 1772(c)(1), (2), re- designated subsec. (c) as (a) and struck out former sub- sec. (a) which read as follows: ‘‘There is appropriated for the period ending September 30, 1983, $50,000,000 for the Secretary to make available to the States for stor- age and distribution costs, of which not less than $10,000,000 shall be made available for paying the actual costs incurred by charitable institutions, food banks, hunger centers, soup kitchens, and similar nonprofit organizations providing nutrition assistance to relieve situations of emergency and distress through the provi- sion of food to needy persons, including low-income and unemployed persons, provided that in no case shall Page 2047 TITLE 7—AGRICULTURE § 7510 such payments exceed five per centum of the value of commodities distributed by any such agency.’’ Subsec. (a)(1). Pub. L. 101–624, § 1772(c)(3), substituted ‘‘1991 through 1995’’ for ‘‘ending September 30, 1986, through September 30, 1990,’’. Subsec. (a)(2). Pub. L. 101–624, § 1772(d), inserted ‘‘re- packaging, processing,’’ after ‘‘handling,’’ in second sentence. Subsec. (b). Pub. L. 101–624, § 1772(c)(1), (2), redesig- nated subsec. (d) as (b) and struck out former subsec. (b) which read as follows: ‘‘There are hereby authorized to be appropriated $50,000,000 for each of the fiscal years ending September 30, 1984, and September 30, 1985, for the Secretary to make available to the States for stor- age and distribution costs of which not less than twen- ty per centum of the amount appropriated under this subsection in any fiscal year shall be made available for paying or providing advance payments to cover the actual costs incurred by charitable institutions, food banks, hunger centers, soup kitchens, and similar non- profit eligible recipient agencies providing nutrition assistance to relieve situations of emergency and dis- tress through the provision of food to needy persons, including low-income and unemployed persons: Pro- vided, That in no case shall such payments exceed five per centum of the value of commodities distributed by any such agency.’’ Subsecs. (c), (d). Pub. L. 101–624, § 1772(c)(2), redesig- nated subsecs. (c) and (d) as (a) and (b), respectively. 1988—Subsec. (c)(1). Pub. L. 100–435, § 105(a), inserted at end ‘‘States may also use funds provided under this paragraph to pay for the costs associated with the dis- tribution of commodities under the program authorized under section 110 of the Hunger Prevention Act of 1988, and to pay for the costs associated with the distribu- tion of additional commodities provided pursuant to section 7515 of this title.’’ Pub. L. 100–435, § 103(a), substituted ‘‘through Sep- tember 30, 1990’’ for ‘‘through September 30, 1988’’ in first sentence. Subsec. (c)(2). Pub. L. 100–435, § 103(b), (c), in first sen- tence, substituted ‘‘40’’ for ‘‘20’’ and, in second sen- tence, inserted ‘‘costs of providing information to per- sons receiving commodities under this chapter con- cerning the appropriate storage and preparation of such commodities;’’ after ‘‘documentation;’’. 1987—Subsec. (c)(1). Pub. L. 100–77 substituted ‘‘through September 30, 1988’’ for ‘‘and September 30, 1987’’ in first sentence. 1985—Subsecs. (c), (d). Pub. L. 99–198 added subsec. (c) and redesignated former subsec. (c) as (d). 1983—Subsecs. (b), (c). Pub. L. 98–92 added subsec. (b), designated former last sentence of subsec. (a) as (c), and substituted therein ‘‘appropriations made or au- thorized under this section’’ for ‘‘this appropriation’’. 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 May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4201(c) and 4406(b)(1) 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. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out as an Effective Date note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 1772(c) of Pub. L. 101–624 effec- tive Oct. 1, 1990, and amendment by section 1772(d) of Pub. L. 101–624 effective Nov. 28, 1990, see section 1781(b)(1), (2) of Pub. L. 101–624, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 103(a)–(c) of Pub. L. 100–435 to be effective and implemented on Sept. 19, 1988, and amendment by section 105(a) of Pub. L. 100–435 to be ef- fective and implemented on Oct. 1, 1988, see section 701(a), (b)(1) of Pub. L. 100–435, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that the amendment made by section 2 is effec- tive Oct. 1, 1983. § 7509. Relationship to other programs (a) Section 2013(b) of this title shall not apply with respect to the distribution of commodities under this chapter. (b) Except as otherwise provided in section 7504 of this title, none of the commodities dis- tributed under this chapter shall be sold or oth- erwise disposed of in commercial channels in any form. (Pub. L. 98–8, title II, § 205, Mar. 24, 1983, 97 Stat. 36; Pub. L. 98–92, § 2(7), Sept. 2, 1983, 97 Stat. 611; Pub. L. 110–234, title I, § 4002(b)(1)(B), (2)(I), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(I), June 18, 2008, 122 Stat. 1664, 1857, 1858.) 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. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–246, § 4002(b)(1)(B), (2)(I), made technical amendment to reference in original act which appears in text as reference to section 2013(b) of this title. 1983—Pub. L. 98–92 substituted ‘‘Relationship to other programs’’ for ‘‘Relationships to food stamps’’ in sec- tion catchline, designated existing provisions as sub- sec. (a), and added subsec. (b). 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 May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise 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 4002(b)(1)(B), (2)(I) 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. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that the amendment made by section 2 is effec- tive Oct. 1, 1983. § 7510. Commodities not income Notwithstanding any other provision of law, commodities distributed under this chapter shall not be considered income or resources for