Chapter 102, Section 7507, Subsection (d) · 7 U.S.C. Chapter 102 — EMERGENCY FOOD ASSISTANCE

Contents

(d)

(1)In this subsection, the term “project” means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a).

(2)

(A)Subject to subparagraphs (B) and (C) and paragraph (3), using funds made available under paragraph (5), the Secretary may provide funding to States to pay for the costs of carrying out a project.

(B)The Federal share of the cost of a project under subparagraph (A) shall not exceed 50 percent of the total cost of the project.

(C)

(i)Each fiscal year, the Secretary shall allocate the funds made available under subparagraph (A), based on a formula determined by the Secretary, to States that have submitted a State plan describing a plan of operation for a project under section 7503(b)(5) of this title.

(ii)If the Secretary determines that a State will not expend all of the funds allocated to the State for a fiscal year under clause (i), the Secretary shall reallocate the unexpended funds to other States that have submitted under section 7503(b)(5) of this title a State plan describing a plan of operation for a project during that fiscal year or the subsequent fiscal year, as the Secretary determines appropriate.

(iii)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)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 agricultural production, processing, or distribution level through the donation of food;

(B)to provide food to individuals in need; and

(C)to build relationships between agricultural producers, processors, and distributors and emergency feeding organizations through the donation of food.

(4)The Secretary may encourage a State agency that carries out a project using Federal funds received under paragraph (2) to enter into cooperative agreements with State agencies of other States under section 7505(d) of this title to maximize the use of commodities donated under the project.

(5)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 2031, to remain available until the end of the subsequent fiscal year.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 20

Show every defined 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.
apparently wholesome food
has the meaning given the term in section 1791(b) of title 42.
average monthly number of unemployed persons
means the average monthly 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 determined by the Bureau of Labor Statistics of the Department of Labor.
direct expenses
includes costs of transporting, storing, handling, repackaging, processing, and distributing commodities incurred after they are received by the organization;
eligible entity
means an entity that—
eligible recipient agency
means a public or nonprofit organization that—
eligible State
means—
emergency feeding organization
has the meaning given the term in section 7501 of this title.
food bank
means a public or charitable institution that maintains an established 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.
food pantry
means a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress.
healthcare partner
means a healthcare provider, including—
institution of higher education
has the meaning given the term in section 1002 of title 20.
member
means, as determined by the applicable eligible entity or healthcare partner carrying out a project under subsection (c) in accordance with procedures established by the Secretary—
poverty line
has the meaning provided in section 9902(2) of title 42.
project
means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a).
qualified direct donor
means a retail food store, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education.
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.
supplemental nutrition assistance program
means—
total value of additional commodities
means the actual cost of all additional commodities that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary).
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 (including the distribution and processing costs incurred by the Secretary).