7 U.S.C. § 1431e — Distribution of surplus commodities to

Page 729 TITLE 7—AGRICULTURE § 1431e 1 See References in Text note below. foods are made available for distribution under section 1431(3) 1 of this title or for distribution to schools under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] or any other Act, such foods shall be enriched so as to meet the standards for enriched cornmeal, en- riched corn grits, enriched rice, or enriched flour, as the case may be, prescribed in regula- tions promulgated under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]; and in order to protect the nutritional value and sanitary quality of such enriched foods during transportation and storage such foods shall be packaged in sanitary containers. For conven- ience and ease in handling, the weight of any sanitary container when filled shall not exceed fifty pounds unless a larger container is re- quested by the recipient agency. Nothing in this section shall prohibit the distribution of for- tified parboiled rice which is substantially equal in nutritional value to that of enriched rice. (b) The term ‘‘sanitary container’’ means any container of such material and construction as (1) will not permit the infiltration of foreign matter into the contents of such container under ordinary conditions of shipping and han- dling, and (2) will not, for a period of at least one year, disintegrate so as to contaminate the contents of the container, necessitating the washing of the contents prior to use. (Pub. L. 86–341, title II, § 201, Sept. 21, 1959, 73 Stat. 610; Pub. L. 87–803, Oct. 11, 1962, 76 Stat. 910; Pub. L. 106–78, title VII, § 752(b)(3), Oct. 22, 1999, 113 Stat. 1169.) Editorial Notes REFERENCES IN TEXT Section 1431(3) of this title, referred to in subsec. (a), was redesignated as section 1431(a)(3) of this title by Pub. L. 98–258, title V, § 502(1), Apr. 10, 1984, 98 Stat. 137. The Richard B. Russell National School Lunch Act, referred to in subsec. (a), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classi- fication of this Act to the Code, see section 301 of Title 21 and Tables. CODIFICATION Section was not enacted as part of the Agricultural Act of 1949 which is classified principally to this chap- ter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. AMENDMENTS 1999—Subsec. (a). Pub. L. 106–78 substituted ‘‘Richard B. Russell National School Lunch Act’’ for ‘‘National School Lunch Act’’. 1962—Subsec. (a). Pub. L. 87–803 inserted provisions requiring the enrichment of rice to meet the standards for enriched rice, empowered recipient agencies to re- quest containers larger than 50 pounds, and provided that nothing in this section shall prohibit the distribu- tion of fortified parboiled rice which is substantially equal in nutritional value to that of enriched rice. § 1431d. Donations for school feeding programs abroad; student financing; priorities In any school feeding programs undertaken on and after September 27, 1962 outside the United States pursuant to section 1431 of this title, sec- tion 308 of Public Law 480 (83d Congress), as amended, and section 1431b of this title, the Sec- retary shall receive assurances satisfactory to him that, insofar as practicable, there will be student participation in the financing of such programs on the basis of ability to pay, and such programs shall be undertaken with the under- standing that commodities will be available for those programs only in accordance with the pro- visions of such statutes and that commodities made available under section 1431 of this title will be available only in accordance with the priorities established in such section. (Pub. L. 87–703, title II, § 205, Sept. 27, 1962, 76 Stat. 611.) Editorial Notes REFERENCES IN TEXT Section 308 of Public Law 480 (83d Congress), referred to in text, which was classified to section 1697 of this title, was repealed by Pub. L. 89–808, § 2(D), Nov. 11, 1966, 80 Stat. 1535. CODIFICATION Section was enacted as part of the Food and Agri- culture Act of 1962, and not as part of the Agricultural Act of 1949 which is classified principally to this chap- ter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. § 1431e. Distribution of surplus commodities to special nutrition projects; reprocessing agreements with private companies (1) Notwithstanding any other provision of law, whenever Government stocks of commod- ities are acquired under the price support pro- grams and are not likely to be sold by the Com- modity Credit Corporation or otherwise used in programs of commodity sale or distribution, such commodities shall be made available with- out charge or credit to nutrition projects under the authority of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), to child nutrition pro- grams providing food service, and to food banks participating in the special nutrition projects established under section 4004 of this title. Such distribution may include bulk distribution to congregate nutrition sites and to providers of home delivered meals under the Older Ameri- cans Act of 1965. The Commodity Credit Cor- poration is authorized to use available funds to operate the program under this subsection and to further process products to facilitate bonus commodity use. Commodities made available under this section shall include, but not be lim- ited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal. (2)(A) For each of fiscal years 2008 through 2023, whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary of Agri- culture, the Secretary shall encourage consump- tion of such commodity through agreements with private companies under which the com- Page 730 TITLE 7—AGRICULTURE § 1431e 1 See References in Text note below. modity is reprocessed into end-food products for use by eligible recipient agencies. The expense of reprocessing shall be paid by such eligible re- cipient agencies. (B) To maintain eligibility to enter into, and to continue, any agreement with the Secretary of Agriculture under subparagraph (A), a private company shall annually settle all accounts with the Secretary and any appropriate State agency regarding commodities processed under such agreements. (C) Whenever commodities are made available to agencies pursuant to section 311(a)(4) 1 of the Older Americans Act of 1965, the Secretary shall encourage access to processed end products con- taining the commodities when in the Sec- retary’s judgment it is cost effective. The re- quirements of this subparagraph shall be met in the most efficient and effective way possible. The Secretary may, among other alternatives, use direct purchase, State option contracts au- thorized under section 3A of the Commodity Dis- tribution Reform Act and WIC Amendments of 1987 (Public Law 100–237; 7 U.S.C. 612c note), State processing programs, and (beginning in fiscal year 1994) agreements with private compa- nies operated as a part of the national com- modity processing program. (D) In each of fiscal years 1992, 1993, and 1994, the Secretary shall conduct a pilot project in not more than three States under which any commodity made available to agencies pursuant to section 311(a)(4) 1 of the Older Americans Act of 1965 that the Secretary determines to be ap- propriate for reprocessing is made available to the agencies as reprocessed end products. The reprocessing shall be performed pursuant to agreements with private companies, at the ex- pense of the agencies, and operated as part of the national commodity processing program es- tablished under subparagraph (A). In deter- mining the appropriateness of the commodities to be reprocessed under the pilot project, the Secretary shall consider the common needs of the agencies and the availability of processors. (Pub. L. 97–98, title XI, § 1114(a), Dec. 22, 1981, 95 Stat. 1269; Pub. L. 99–198, title XV, § 1567(a), (b), Dec. 23, 1985, 99 Stat. 1591, 1592; Pub. L. 100–237, § 6, Jan. 8, 1988, 101 Stat. 1740; Pub. L. 101–624, title XVII, § 1775, Nov. 28, 1990, 104 Stat. 3813; Pub. L. 102–237, title IX, § 921, Dec. 13, 1991, 105 Stat. 1887; Pub. L. 104–127, title IV, § 405, Apr. 4, 1996, 110 Stat. 1029; Pub. L. 107–171, title IV, § 4203, May 13, 2002, 116 Stat. 330; Pub. L. 110–234, title IV, § 4406(b)(4), May 22, 2008, 122 Stat. 1142; Pub. L. 110–246, § 4(a), title IV, § 4406(b)(4), June 18, 2008, 122 Stat. 1664, 1903; Pub. L. 113–79, title IV, § 4103, Feb. 7, 2014, 128 Stat. 820; Pub. L. 115–334, title IV, § 4103, Dec. 20, 2018, 132 Stat. 4655.) Editorial Notes REFERENCES IN TEXT The Older Americans Act of 1965, referred to in text, is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is clas- sified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. Section 311 of the Act, which is classified to section 3030a of Title 42, was amended by Pub. L. 106–501, title III, § 309, Nov. 13, 2000, 114 Stat. 2246, and, as so amended, provisions which for- merly appeared in subsec. (a)(4) were struck out. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Tables. 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. Section was enacted as part of the Agriculture and Food Act of 1981, and not as part of the Agricultural Act of 1949 which is classified principally to this chap- ter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. AMENDMENTS 2018—Par. (2)(A). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2014—Par. (2)(A). Pub. L. 113–79 substituted ‘‘2018’’ for ‘‘2012’’. 2008—Par. (2)(A). Pub. L. 110–246, § 4406(b)(4), sub- stituted ‘‘For each of fiscal years 2008 through 2012’’ for ‘‘Effective through September 30, 2007’’. 2002—Par. (2)(A). Pub. L. 107–171 substituted ‘‘2007’’ for ‘‘2002’’. 1996—Par. (2)(A). Pub. L. 104–127 substituted ‘‘2002’’ for ‘‘1995’’. 1991—Par. (2)(D). Pub. L. 102–237 substituted ‘‘1992, 1993, and 1994’’ for ‘‘1992 and 1993’’. 1990—Par. (2)(A). Pub. L. 101–624, § 1775(a), substituted ‘‘1995’’ for ‘‘1990’’. Par. (2)(C), (D). Pub. L. 101–624, § 1775(b), added sub- pars. (C) and (D). 1988—Par. (2)(A). Pub. L. 100–237 substituted ‘‘Sep- tember 30, 1990’’ for ‘‘June 30, 1987’’. 1985—Pub. L. 99–198 designated existing provisions as par. (1), inserted provision directing that commodities made available under this section include, but not be limited to, dairy products, wheat or the products there- of, rice, honey, and cornmeal, and added par. (2). 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 4406(b)(4) of Pub. L. 110–246 ef- fective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Con- gress. 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 1991 AMENDMENT Amendment by Pub. L. 102–237 effective and to be im- plemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102–237, set out as a note under sec- tion 1421 of this title. EFFECTIVE DATE Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title. NATIONAL DONATED COMMODITY PROCESSING PROGRAMS Pub. L. 99–500, title III, § 364, Oct. 18, 1986, 100 Stat. 1783–368, and Pub. L. 99–591, title III, § 364, Oct. 30, 1986, Page 731 TITLE 7—AGRICULTURE § 1433a 100 Stat. 3341–371; Pub. L. 99–661, div. D, title IV, § 4404, Nov. 14, 1986, 100 Stat. 4079, provided that: ‘‘In accord- ance with the terms and conditions of section 1114(a)(2) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e(a)(2)), whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary of Agriculture, the Sec- retary shall encourage consumption of the commodity through agreements with private companies under which the commodity is reprocessed into end-food prod- ucts for use by eligible recipient agencies.’’ § 1431f. Assistance to foreign countries to miti- gate effects of HIV and AIDS On and after November 10, 2005, of any ship- ments of commodities made pursuant to section 1431(b) of this title, the Secretary of Agriculture shall, to the extent practicable, direct that ton- nage equal in value to not more than $25,000,000 shall be made available to foreign countries to assist in mitigating the effects of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome on communities, including the provision of— (1) agricultural commodities to— (A) individuals with Human Immuno- deficiency Virus or Acquired Immune Defi- ciency Syndrome in the communities; and (B) households in the communities, par- ticularly individuals caring for orphaned children; and (2) agricultural commodities monetized to provide other assistance (including assistance under microcredit and microenterprise pro- grams) to create or restore sustainable liveli- hoods among individuals in the communities, particularly individuals caring for orphaned children. (Pub. L. 109–97, title VII, § 725, Nov. 10, 2005, 119 Stat. 2153.) Editorial Notes CODIFICATION Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Re- lated Agencies Appropriations Act, 2006, and not as part of the Agricultural Act of 1949 which is classified prin- cipally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 108–447, div. A, title VII, § 728, Dec. 8, 2004, 118 Stat. 2843. Pub. L. 108–199, div. A, title VII, § 725, Jan. 23, 2004, 118 Stat. 34. Pub. L. 108–7, div. A, title VII, § 725, Feb. 20, 2003, 117 Stat. 42. Pub. L. 107—76, title VII, § 727, Nov. 28, 2001, 115 Stat. 735. Pub. L. 106—387, § 1(a) [title VII, § 743], Oct. 28, 2000, 114 Stat. 1549, 1549A–35. § 1432. Extension of price support on long staple cotton seeds and products Any price support program in effect on cotton- seed or any of its products shall be extended to the same seed and products of the cottons de- fined under section 1347(a) of this title. (Oct. 31, 1949, ch. 792, title IV, § 420, as added July 17, 1952, ch. 933, § 3(2), 66 Stat. 759.) Editorial Notes REFERENCES IN TEXT Section 1347 of this title, referred to in text, was re- pealed by Pub. L. 98–88, § 2, Aug. 26, 1983, 97 Stat. 494. Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title. § 1433. Repealed. Pub. L. 100–387, title I, § 101(b)(3), Aug. 11, 1988, 102 Stat. 931 Section, act Oct. 31, 1949, ch. 792, title IV, § 421, as added Sept. 11, 1964, Pub. L. 88–585, § 2, 78 Stat. 927, re- lated to penalties for misuse of feed intended to relieve distress or preserve foundation herds. See section 1471j of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 15 days after Aug. 11, 1988, see sec- tion 101(c)(1) of Pub. L. 100–387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title. § 1433a. Forgiveness of violations; determinations Notwithstanding any other provision of law, whenever a producer samples, turns, moves, or replaces grain or any other commodity which is security for a Commodity Credit Corporation producer loan or is held under a producer re- serve program, and does so in violation of law or regulation, the appropriate county committee established under section 590h(b) of title 16 may forgive some or all of the penalties and require- ments that would normally be imposed on the producer by reason of the violation, if such com- mittee determines that (1) the violation oc- curred inadvertently or accidentally, because of lack of knowledge or understanding of the law or regulation, or because the producer or the producer’s agent acted to prevent spoilage of the commodity, and (2) the violation did not result in harm or damage to the rights or interests of any person. The county committee shall furnish a copy of its determination to the Adminis- trator of the Agricultural Stabilization and Con- servation Service and the appropriate State committee established under section 590h(b) of title 16. The determination may be disapproved by either the Administrator or the State com- mittee within sixty days after receipt of a copy of the determination. Any determination not disapproved by the Administrator or such State committee within such sixty-day period shall be considered approved.