7 U.S.C. § 4004a — Applicability of supplemental nutrition

Page 1676 TITLE 7—AGRICULTURE § 4004a in the special nutrition projects under this sec- tion. Food banks shall be selected for participa- tion so as to ensure adequate geographic dis- tribution of emergency food box programs in at least two but not more than seven Department of Agriculture regions. (b) Application by food bank; recordkeeping and internal procedures (1) No food bank may participate in the special nutrition projects conducted under this section unless an application therefor is submitted to and approved by the Secretary. Such application shall be submitted in such form and manner and shall contain such information as the Secretary shall prescribe. (2) Each food bank participating in the special nutrition projects under this section shall estab- lish a recordkeeping system and internal proce- dures to monitor the use of agricultural com- modities and other foods provided under this section. The Secretary shall develop standards by which the feasibility and effectiveness of the projects shall be measured, and shall conduct an ongoing review of the effectiveness of the projects. (c) Quantities and types of agricultural commod- ities; regulations for designation of eligible participants The Secretary shall determine the quantities and types of agricultural commodities and other foods to be made available under this section. The Secretary may prescribe regulations regard- ing the designation of eligible participants in the projects and any other regulations necessary to carry out this section. (d) Report to Congress; contents; recommenda- tions The Secretary shall submit to Congress a progress report on July 1, 1983, and a final report on January 1, 1984, regarding the special nutri- tion projects carried out under this section. Such report shall include an analysis and eval- uation of Federal participation in food bank emergency food programs, the effectiveness of such participation, and the feasibility of con- tinuing such participation. The Secretary shall also include in such report any recommenda- tions regarding improvements in Federal assist- ance to community food banks, including assist- ance for administrative expenses and transpor- tation. (e) Sale of food prohibited; fines and penalties The sale of food provided under this section shall be prohibited and any person who receives any remuneration in exchange for food provided under this section shall be subject to a fine of not more than $1,000 or imprisonment for not more than six months, or both. (f) Paperwork minimization and encouragement of participation The Secretary shall minimize paperwork re- quirements placed on food banks which partici- pate in the special nutrition projects established under this section and shall otherwise encourage food banks to participate in such projects. (g) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 96–494, title II, § 211, Dec. 3, 1980, 94 Stat. 2577; Pub. L. 97–98, title XI, § 1114(b), Dec. 22, 1981, 95 Stat. 1269; Pub. L. 106–78, title VII, § 752(b)(4), Oct. 22, 1999, 113 Stat. 1169.) Editorial Notes REFERENCES IN TEXT 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 Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables. AMENDMENTS 1999—Subsec. (a). Pub. L. 106–78 substituted ‘‘Richard B. Russell National School Lunch Act’’ for ‘‘National School Lunch Act’’. 1981—Subsecs. (a), (b). Pub. L. 97–98, § 1114(b)(1), sub- stituted ‘‘special nutrition projects’’ for ‘‘demonstra- tion projects’’ wherever appearing. Subsec. (d). Pub. L. 97–98, § 1114(b)(2), (3), substituted ‘‘to Congress a progress report on July 1, 1983, and a final report on January 1, 1984’’ for ‘‘a report to Con- gress on October 1, 1982’’ and ‘‘special nutrition projects’’ for ‘‘demonstration projects’’. Subsecs. (f), (g). Pub. L. 97–98, § 1114(b)(4), (5), added subsec. (f), redesignated former subsec. (f) as (g), and substituted ‘‘such sums as may be necessary to carry out this section’’ for ‘‘to carry out this section $356,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Section effective Dec. 3, 1980, see section 213 of Pub. L. 96–494, set out as a note under section 4001 of this title. COMMUNITY SERVICES ADMINISTRATION Community Services Administration, which was es- tablished by section 601 of Economic Opportunity Act of 1964, as amended (42 U.S.C. 2941), terminated when Economic Opportunity Act of 1964, Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508, as amended, was repealed, except for titles VIII and X, effective Oct. 1, 1981, by section 683(a) of Pub. L. 97–35, title VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912(a). An Office of Community Services, headed by a Director, was estab- lished in the Department of Health and Human Serv- ices by section 676 of Pub. L. 97–35, which is classified to 42 U.S.C. 9905. § 4004a. Applicability of supplemental nutrition assistance requirements Section 2013(b) of this title shall not apply with respect to distribution of surplus commod- ities under section 4004 of this title. (Pub. L. 97–98, title XI, § 1114(d), Dec. 22, 1981, 95 Stat. 1269; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(II), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(II), June 18, 2008, 122 Stat. 1664, 1857, 1859.) Page 1677 TITLE 7—AGRICULTURE § 4201 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. Section was enacted as part of the Agriculture and Food Act of 1981, and not as part of the Agricultural Act of 1980 which comprises this chapter. AMENDMENTS 2008—Pub. L. 110–246, § 4002(b)(1)(B), (2)(II), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 2013(b) of this title. 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)(II) 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 Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title. § 4005. ‘‘Fuel conversion price’’ defined As used in this chapter, the phrase ‘‘fuel con- version price’’ means the price for an agricul- tural commodity determined by the Secretary of Agriculture that will permit gasoline-alcohol mixtures using alcohol produced from the com- modity to be competitive in price with unleaded gasoline priced at the point it leaves the refin- ery, adjusted for differences in octane rating, taking into consideration the energy value of the commodity and other appropriate values de- signed to represent, on a national average basis, the value of byproducts also recoverable from the commodity; the direct costs and capital re- covery costs for a grain alcohol distillery capa- ble of producing forty million gallons of alcohol and recovering byproducts annually; and Fed- eral tax and other Federal incentives applicable to alcohol used for fuel. (Pub. L. 96–494, title II, § 212, Dec. 3, 1980, 94 Stat. 2578.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 96–494, Dec. 3, 1980, 94 Stat. 2570, which enacted this chapter and sec- tion 1445h of this title, amended sections 1444c, 1445b, 1445e, and 1446 of this title, and enacted provisions set out as notes under sections 1445e, and 1445h and 4001 of this title and section 714c of Title 15, Commerce and Trade. For complete classification of title II to the Code, see Short Title note set out under section 4001 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 3, 1980, see section 213 of Pub. L. 96–494, set out as a note under section 4001 of this title. CHAPTER 72—NATIONAL AGRICULTURAL COST OF PRODUCTION STANDARDS RE- VIEW BOARD §§ 4101 to 4110. Omitted Editorial Notes CODIFICATION Sections 4101 to 4110 were omitted pursuant to sec- tion 4110 which provided that the National Agricultural Cost of Production Standards Review Board established by this chapter ceased to exist on Sept. 30, 1995. Section 4101, Pub. L. 97–98, title X, § 1005, Dec. 22, 1981, 95 Stat. 1261, established Board. Section 4102, Pub. L. 97–98, title X, § 1006, Dec. 22, 1981, 95 Stat. 1261; Pub. L. 99–198, title X, § 1023(a), Dec. 23, 1985, 99 Stat. 1460; Pub. L. 101–624, title XI, § 1145(a), Nov. 28, 1990, 104 Stat. 3516, provided for membership of Board, duration of terms of appointment, number of terms, and Chairman and Vice Chairman. Section 4103, Pub. L. 97–98, title X, § 1007, Dec. 22, 1981, 95 Stat. 1261, outlined functions of Board. Section 4104, Pub. L. 97–98, title X, § 1008, Dec. 22, 1981, 95 Stat. 1262, provided for meetings of Board. Section 4105, Pub. L. 97–98, title X, § 1009, Dec. 22, 1981, 95 Stat. 1262, related to Board recommendations to Sec- retary. Section 4106, Pub. L. 97–98, title X, § 1010, Dec. 22, 1981, 95 Stat. 1262, provided for reports by Board to Secretary and Congress. Section 4107, Pub. L. 97–98, title X, § 1011, Dec. 22, 1981, 95 Stat. 1262, provided for support and clerical services to assist Board. Section 4108, Pub. L. 97–98, title X, § 1012, Dec. 22, 1981, 95 Stat. 1262, provided for compensation and travel ex- penses for Board members. Section 4109, Pub. L. 97–98, title X, § 1013, Dec. 22, 1981, 95 Stat. 1262, authorized appropriations for this chap- ter. Section 4110, Pub. L. 97–98, title X, § 1014, Dec. 22, 1981, 95 Stat. 1263; Pub. L. 99–198, title X, § 1023(b), Dec. 23, 1985, 99 Stat. 1460; Pub. L. 101–624, title XI, § 1145(b), Nov. 28, 1990, 104 Stat. 3516, provided that Board would cease to exist on Sept. 30, 1995. CHAPTER 73—FARMLAND PROTECTION POLICY Sec. 4201. General provisions. 4202. Identifying effects of Federal programs on conversion of farmland to nonagricultural uses. 4203. Existing policies and procedures; review, etc. 4204. Technical assistance. 4205. Farmland resource information. 4206. Grants, contracts, etc., authority. 4207. Reporting requirement. 4208. Limitations. 4209. Prohibition on maintenance of actions. § 4201. General provisions (a) Congressional statement of findings Congress finds that— (1) the Nation’s farmland is a unique natural resource and provides food and fiber necessary for the continued welfare of the people of the United States; (2) each year, a large amount of the Nation’s farmland is irrevocably converted from actual or potential agricultural use to non- agricultural use; (3) continued decrease in the Nation’s farm- land base may threaten the ability of the United States to produce food and fiber in suf-