7 U.S.C. § 7501 — Definitions

Page 2039 TITLE 7—AGRICULTURE § 7501 promotion organized and operated under the laws of the United States or any State. (Pub. L. 104–127, title V, § 580, Apr. 4, 1996, 110 Stat. 1083.) § 7490. Regulations The Secretary may issue such regulations as are necessary to carry out this subchapter. (Pub. L. 104–127, title V, § 581, Apr. 4, 1996, 110 Stat. 1083.) § 7491. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this sub- chapter. Amounts made available under this sec- tion or otherwise made available to the Depart- ment, and amounts made available under any other marketing or promotion order, may not be used to pay any administrative expense of the Board. (Pub. L. 104–127, title V, § 582, Apr. 4, 1996, 110 Stat. 1083.) CHAPTER 102—EMERGENCY FOOD ASSISTANCE Sec. 7501. Definitions. 7502. Availability of CCC commodities. 7503. State plan. 7504. Initial processing costs. 7505. Federal and State responsibilities. 7506. Assurances; anticipated use. 7507. State and local supplementation of commod- ities. 7508. Authorization and appropriations. 7509. Relationship to other programs. 7510. Commodities not income. 7511. Prohibition against certain State charges. 7511a. Emergency food program infrastructure grants. 7512. Regulations. 7513. Finality of determinations. 7514. Incorporation of additional commodities. 7515. Allotment and delivery of commodities. 7516. Settlement and adjustment of claims. 7517. The Gus Schumacher nutrition incentive pro- gram. 7518. Micro-grants for food security. Editorial Notes CODIFICATION This chapter is comprised principally of title II (§§ 201–215) of Pub. L. 98–8, Mar. 24, 1983, 97 Stat. 35, as amended. Title II of Pub. L. 98–8 was formerly set out as a note under section 612c of this title. Section 203 of title II of Pub. L. 98–8, which related to processing agreements, was repealed by Pub. L. 99–198, title XV, § 1567(c), Dec. 23, 1985, 99 Stat. 1592. Section 207 of title II of Pub. L. 98–8 amended section 4(c) of the Agri- culture and Consumer Protection Act of 1973, Pub. L. 93–86, set out as a note under section 612c of this title. Section 212 of title II of Pub. L. 98–8, which provided for termination of title II of Pub. L. 98–8 on Sept. 30, 2002, was repealed by Pub. L. 104–193, title VIII, § 871(e)(4), Aug. 22, 1996, 110 Stat. 2345. § 7501. Definitions In this chapter: (1) Additional commodities The term ‘‘additional commodities’’ means commodities made available under section 7515 of this title in addition to the commodities made available under sections 7502 and 7507 of this title. (2) Average monthly number of unemployed persons The term ‘‘average monthly number of un- employed persons’’ means the average month- ly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as deter- mined by the Bureau of Labor Statistics of the Department of Labor. (3) Eligible recipient agency The term ‘‘eligible recipient agency’’ means a public or nonprofit organization that— (A) administers— (i) an emergency feeding organization; (ii) a charitable institution (including a hospital and a retirement home, but ex- cluding a penal institution) to the extent that the institution serves needy persons; (iii) a summer camp for children, or a child nutrition program providing food service; (iv) a nutrition project operating under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a project that oper- ates a congregate nutrition site and a project that provides home-delivered meals; or (v) a disaster relief program; (B) has been designated by the appropriate State agency, or by the Secretary; and (C) has been approved by the Secretary for participation in the program established under this chapter. (4) Emergency feeding organization The term ‘‘emergency feeding organization’’ means a public or nonprofit organization that administers activities and projects (including the activities and projects of a charitable in- stitution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a similar pub- lic or private nonprofit eligible recipient agen- cy) providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, includ- ing low-income and unemployed persons. (5) Food bank The term ‘‘food bank’’ means a public or charitable institution that maintains an es- tablished operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis. (6) Food pantry The term ‘‘food pantry’’ means a public or private nonprofit organization that distributes food to low-income and unemployed house- holds, including food from sources other than the Department of Agriculture, to relieve situ- ations of emergency and distress. Page 2040 TITLE 7—AGRICULTURE § 7501 (7) Poverty line The term ‘‘poverty line’’ has the meaning provided in section 9902(2) of title 42. (8) Soup kitchen The term ‘‘soup kitchen’’ means a public or charitable institution that, as an integral part of the normal activities of the institution, maintains an established feeding operation to provide food to needy homeless persons on a regular basis. (9) Total value of additional commodities The term ‘‘total value of additional com- modities’’ means the actual cost of all addi- tional commodities that are paid by the Sec- retary (including the distribution and proc- essing costs incurred by the Secretary). (10) Value of additional commodities allocated to each State The term ‘‘value of additional commodities allocated to each State’’ means the actual cost of additional commodities allocated to each State that are paid by the Secretary (in- cluding the distribution and processing costs incurred by the Secretary). (Pub. L. 98–8, title II, § 201A, as added Pub. L. 98–92, § 2(2), Sept. 2, 1983, 97 Stat. 608; amended Pub. L. 99–198, title XV, § 1563, Dec. 23, 1985, 99 Stat. 1590; Pub. L. 104–193, title VIII, § 871(a), Aug. 22, 1996, 110 Stat. 2343.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning the Emergency Food Assistance Act of 1983, title II of Pub. L. 98–8, Mar. 24, 1983, 97 Stat. 35, which enacted this chapter and amended provisions set out as a note under section 612c of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Older Americans Act of 1965, referred to in par. (3)(A)(iv), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Ta- bles. AMENDMENTS 1996—Pub. L. 104–193 amended section generally, sub- stituting provisions containing an opening provision and pars. (1) to (10) defining ‘‘additional commodities’’, ‘‘average monthly number of unemployed persons’’, ‘‘eligible recipient agency’’, ‘‘emergency feeding orga- nization’’, ‘‘food bank’’, ‘‘food pantry’’, ‘‘poverty line’’, ‘‘soup kitchen’’, ‘‘total value of additional commod- ities’’, and ‘‘value of additional commodities allocated to each state’’ for an opening provision and pars. (1) to (6) defining ‘‘eligible recipient agencies’’. 1985—Par. (1). Pub. L. 99–198 inserted before semicolon at end ‘‘(including the activities and projects of chari- table institutions, food banks, hunger centers, soup kitchens, and similar public or private nonprofit eligi- ble recipient agencies) hereinafter in this chapter re- ferred to as ‘emergency feeding organizations’ ’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that the amendments made by section 2 are ef- fective Oct. 1, 1983. SHORT TITLE Pub. L. 98–8, title II, § 201, Mar. 24, 1983, 97 Stat. 35, as amended by Pub. L. 98–92, § 2(1), Sept. 2, 1983, 97 Stat. 608; Pub. L. 101–624, title XVII, § 1772(a)(2), Nov. 28, 1990, 104 Stat. 3808, provided that: ‘‘This title [enacting this chapter and amending provisions set out as a note under section 612c of this title] may be cited as the ‘Emergency Food Assistance Act of 1983’, and is herein- after in this title referred to as ‘this Act’.’’ FOOD SUPPLY CHAIN AND AGRICULTURE PANDEMIC RESPONSE Pub. L. 117–2, title I, § 1001, Mar. 11, 2021, 135 Stat. 10, provided that: ‘‘(a) APPROPRIATION.—In addition to amounts other- wise available, there is appropriated to the Secretary of Agriculture for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $4,000,000,000, to remain available until expended, to carry out this section. ‘‘(b) USE OF FUNDS.—The Secretary of Agriculture shall use the amounts made available pursuant to sub- section (a)— ‘‘(1) to purchase food and agricultural commodities; ‘‘(2) to purchase and distribute agricultural com- modities (including fresh produce, dairy, seafood, eggs, and meat) to individuals in need, including through delivery to nonprofit organizations and through restaurants and other food related entities, as determined by the Secretary, that may receive, store, process, and distribute food items; ‘‘(3) to make grants and loans for small or midsized food processors or distributors, seafood processing fa- cilities and processing vessels, farmers markets, pro- ducers, or other organizations to respond to COVID–19, including for measures to protect workers against COVID–19; and ‘‘(4) to make loans and grants and provide other as- sistance to maintain and improve food and agricul- tural supply chain resiliency. ‘‘(c) ANIMAL HEALTH.— ‘‘(1) COVID–19 ANIMAL SURVEILLANCE.—The Sec- retary of Agriculture shall conduct monitoring and surveillance of susceptible animals for incidence of SARS–CoV–2. ‘‘(2) FUNDING.—Out of the amounts made available under subsection (a), the Secretary shall use $300,000,000 to carry out this subsection. ‘‘(d) OVERTIME FEES.— ‘‘(1) SMALL ESTABLISHMENT; VERY SMALL ESTABLISH- MENT DEFINITIONS.—The terms ‘small establishment’ and ‘very small establishment’ have the meaning given those terms in the final rule entitled ‘Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems’ published in the Federal Register on July 25, 1996 (61 Fed. Reg. 38806). ‘‘(2) OVERTIME INSPECTION COST REDUCTION.—Not- withstanding section 10703 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 2219a), the Act of June 5, 1948 (21 U.S.C. 695), section 25 of the Poul- try Products Inspection Act (21 U.S.C. 468), and sec- tion 24 of the Egg Products Inspection Act (21 U.S.C. 1053), and any regulations promulgated by the De- partment of Agriculture implementing such provi- sions of law and subject to the availability of funds under paragraph (3), the Secretary of Agriculture shall reduce the amount of overtime inspection costs borne by federally-inspected small establishments and very small establishments engaged in meat, poul- try, or egg products processing and subject to the re- quirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspec- tion Act (21 U.S.C. 1031 et seq.), for inspection activi- ties carried out during the period of fiscal years 2021 through 2030. ‘‘(3) FUNDING.—Out of the amounts made available under subsection (a), the Secretary shall use $100,000,000 to carry out this subsection.’’ Page 2041 TITLE 7—AGRICULTURE § 7502 1 So in original. The word ‘‘be’’ probably should not appear. 2 See References in Text note below. § 7502. Availability of CCC commodities (a) In general Notwithstanding any other provision of law, in order to complement the domestic nutrition programs, make maximum use of the Nation’s agricultural abundance, and expand and improve the domestic distribution of price-supported commodities, commodities acquired by the Com- modity Credit Corporation that the Secretary of Agriculture (hereinafter referred to as the ‘‘Sec- retary’’) determines, in his discretion, are in ex- cess of quantities needed to— (1) carry out other domestic donation pro- grams, (2) meet other domestic obligations (includ- ing quantities needed to carry out a payment- in-kind acreage diversion program), (3) meet international market development and food aid commitments, and (4) carry out the farm price and income sta- bilization purposes of the Agricultural Adjust- ment Act of 1938 [7 U.S.C. 1281 et seq.], the Ag- ricultural Act of 1949 [7 U.S.C. 1421 et seq.], and the Commodity Credit Corporation Char- ter Act [15 U.S.C. 714 et seq.], shall be made available by the Secretary, with- out charge or credit for such commodities, for use by eligible recipient agencies for food assist- ance. (b) Repealed. Pub. L. 99–198, title XV, § 1565(a)(2), Dec. 23, 1985, 99 Stat. 1591 (c) Additional commodities In addition to any commodities described in subsection (a), in carrying out this chapter, the Secretary may use agricultural commodities and the products thereof made available under clause (2) of the second sentence of section 612c of this title. (d) Varieties of commodities Commodities made available under this chap- ter shall include a variety of commodities and products thereof that are most useful to eligible recipient agencies, including, but not be 1 lim- ited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal. (e) Report to Congress Effective April 1, 1986, the Secretary shall sub- mit semiannually to the Committee on Agri- culture of the House of Representatives and the Committee on Agriculture, Nutrition, and For- estry of the Senate a report on the types and amounts of commodities made available for dis- tribution under this chapter. (f) Relation to other programs Notwithstanding any other provision of law, the programs authorized by section 713a–14 of title 15 2 and section 1163 of the Food Security Act of 1985 shall not be operated in a manner that will, in any way, reduce the quantities of dairy products that traditionally are made available to carry out this chapter or any other domestic feeding program. (g) Donations to emergency feeding organiza- tions (1) Whenever commodities acquired by the Commodity Credit Corporation are made avail- able for donation to domestic food programs in quantities that exceed Federal obligations, the Secretary shall give equal consideration to mak- ing donations of such commodities to emergency feeding organizations participating in the pro- gram authorized by this chapter as is given to other commodity recipient agencies, taking into account the types and amounts of commodities available and appropriate for distribution to these organizations. (2) In determining the commodities that will be made available to emergency feeding organi- zations under this chapter, the Secretary may distribute commodities that become available on a seasonal or irregular basis. (h) Kosher and Halal food As soon as practicable after February 7, 2014, the Secretary shall finalize and implement a plan— (1) to increase the purchase of Kosher and Halal food from food manufacturers with a Ko- sher or Halal certification to carry out the program established under this chapter if the Kosher and Halal food purchased is cost neu- tral as compared to food that is not from food manufacturers with a Kosher or Halal certifi- cation; and (2) to modify the labeling of the commod- ities list used to carry out the program in a manner that enables Kosher and Halal dis- tribution entities to identify which commod- ities to obtain from local food banks. (Pub. L. 98–8, title II, § 202, Mar. 24, 1983, 97 Stat. 35; Pub. L. 98–92, § 2(3), (4), Sept. 2, 1983, 97 Stat. 609; Pub. L. 99–198, title XV, §§ 1564(a), 1565(a), Dec. 23, 1985, 99 Stat. 1591; Pub. L. 100–77, title VIII, § 811, July 22, 1987, 101 Stat. 536; Pub. L. 100–435, title I, § 101, Sept. 19, 1988, 102 Stat. 1647; Pub. L. 101–624, title XVII, § 1772(b), Nov. 28, 1990, 104 Stat. 3808; Pub. L. 113–79, title IV, § 4207, Feb. 7, 2014, 128 Stat. 826.) Editorial Notes REFERENCES IN TEXT The Agricultural Adjustment Act of 1938, referred to in subsec. (a)(4), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Ta- bles. The Agricultural Act of 1949, referred to in subsec. (a)(4), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. The Commodity Credit Corporation Charter Act, re- ferred to in subsec. (a)(4), is act June 29, 1948, ch. 704, 62 Stat. 1070, which is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables. Section 713a–14 of title 15, referred to in subsec. (f), was repealed by Pub. L. 113–79, title I, § 1423(a), Feb. 7, 2014, 128 Stat. 695. Section 1163 of the Food Security Act of 1985, referred to in subsec. (f), is section 1163 of Pub. L. 99–198, which is set out as a note under section 1731 of this title.