7 U.S.C. § 1431d — Donations for school feeding programs

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-