Page images
PDF
EPUB

4

nonprofit summer camps for children, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served. In the case of (3) the Secretary shall obtain such assurance as he deems necessary that the recipients thereof will not diminish their normal expenditures for food by reason of such donation. In order to facilitate the appropriate disposal of such commodities, the Secretary may from time to time estimate and announce the quantity of such commodities which he anticipates will become available for distribution under (3). The Commodity Credit Corporation may pay, with respect to commodties disposed of under this section, reprocessing, packaging, transporting, handling, and other charges accruing up to the time of their delivery to a Federal agency or to the designated State or private agency. In addition, in the case of food commodities disposed of under this section, the Commodity Credit Corporation may pay the cost of processing such commodities into a form suitable for home or institutional use, such processing to be accomplished through private trade facilities to the greatest extent possible. For the purpose of this section the terms "State" and "United States" include the District of Columbia and any Territory or possession of the United States. Dairy products acquired by the Commodity Credit Corporation through price support operations may, insofar as they can be used in the United States in nonprofit school lunch and other nonprofit child feeding programs, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served, be donated for any such use prior to any other use or disposition. No person who is eligible (or upon application would be eligible) to receive supplemental security income under title XVI of such Act shall be eligible to participate in any program conducted under this section (other than nonprofit child feeding programs or programs under which commodities are distributed on an emergency or temporary basis and eligibility for participation therein is not based upon the income or resources of the individual or family).a (7 U.S.C. 1431.)

The words "in nonprofit summer camps for children," were added by P.L. 85-483, 72 Stat 286, July 2, 1958.

5 This sentence was added by the Agricultural Act of 1956, P.L. 540, 84th Cong., 70 Stat. 203, May 28, 1956.

This sentence was added by P.L. 91-233, 84 Stat. 199, April 17, 1970.

da This sentence was added by P.L. 92-603, 86 Stat. 1492, Oct. 30, 1972, effective Jan. 1, 1974, but subsection 8(b)2 of P.L. 93-233, 87 Stat. 956, Dec. 31, 1973, provided that this sentence should not be effective for the 6-month period beginning Jan. 1, 1974. Section 1(b) of P.L. 93-335, 88 Stat. 291, July 8, 1974, increased this period to 18 months; section 2 of P.L 94-44, 89 Stat, 235, June 28, 1973, extended the period to 30 months; and section 2 of P.L. 94-365, 90 Stat. 990, July 14, 1976, provided that the period shall end June 30, 1977. Subsection 8(b) (3) of P.L. 93-233, 87 Stat. 956. Dec. 31, 1973, as amended by P.L. 93-335, 88 Stat. 291, July 8, 1974, and by P.L. 94-365, 90 Stat. 990, July 14, 1976, provides, however: For the period ending June 30, 1977, no individual, who receives supplemental security income benefits under title XVI of the Social Security Act, State supplementary payments described in section 1616 of such Act, or payments of the type referred to in section 212(a) of P.L. 93-66, shall be considered to be a member of a household for any purpose of the food distribution program for families under section 32 of P.L. 74-320, section 416 of the Agricultural Act of 1949, or any other law, for any month during such period, if, for such month, such individual resides in a State which provides State supplementary payments (A) of the type described in section 1616(a) of the Social Security Act, and (B) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps.

DOMESTIC DISPOSAL OF DAIRY PRODUCTS

Agricultural Act of 1954-SEC. 204. (c) In order to prevent the accumulation of excessive inventories of dairy products the Secretary of Agriculture shall undertake domestic disposal programs under authorities granted in the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949, as amended, or as otherwise authorized by law. (7 U.S.C. 1446c.)

PURCHASE OF DAIRY PRODUCTS

Food and Agriculture Act of 1965-SEC. 709.8 The Secretary of Agriculture is hereby authorized to use funds of the Commodity Credit Corporation to purchase sufficient supplies of dairy products at market prices to meet the requirements of any programs for the schools (other than fluid milk in the case of schools), domestic relief distribution, community action, and such other programs as are authorized by law, when there are insufficient stocks of dairy products in the hands of Commodity Credit Corporation available for these purposes. (7 U.S.C. 1446a-1.)

TRANSFER OF DAIRY PRODUCTS TO THE MILITARY AND

VETERANS HOSPITALS

Agricultural Act of 1949-SEC. 202.9 As a means of increasing the utilization of dairy products (including for purposes of this section, milk) upon the certification by the Administrator of Veterans' Affairs or by the Secretary of the Army, acting for the military departments under the Department of Defense's Service Purchase Assignment for Subsistence, or their duly authorized representatives that the usual quantities of dairy products have been purchased in the normal channels of trade

(a) The Commodity Credit Corporation until December 31, 1977,20 shall make available to the Administrator of Veterans' Affairs at warehouses where dairy products are stored, such dairy products acquired under price-support programs as the Administrator certifies that he requires in order to provide butter and cheese and other dairy products as a part of the ration in hospitals under his jurisdiction. The Administrator shall report every six months 11 to the Committees on Agriculture of the Senate and House of Representatives and the Secretary of Agriculture the amount of dairy products used under this subsection.

(b) The Commodity Credit Corporation until December 31, 1977,10 shall make available to the Secretary of the Army, at warehouses where dairy products are stored, such dairy products acquired under

7 P.L. 83-690, 68 Stat. 910, Aug. 28, 1954.

8 P.L. 89-321, 79 Stat. 1212, November 3, 1965, amended by P.L. 89-808, 80 Stat. 1538. Nov. 11, 1966. The words "foreign distribution" appearing after the words "community action" were deleted by the Act of November 11, 1966.

Section 202 added by section 204 (d) of the Agricultural Act of 1954, P.L. 83-690, 68 Stat. 900, Aug. 28, 1954.

10 "1973" substituted for "1970" by section 203 of the Agricultural Act of 1970, P.L 91-524, 84 Stat. 1361, Nov. 30, 1970. "1977" substituted for "1973" by section 1(4) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 223, Aug. 10, 1973.

11 "every six months" substituted for "monthly" by P.L. 87-495, 76 Stat. 109, June 25,

of Agriculture may deem in the public interest, and upon application, to donate food commodities acquired through price support operations to Federal penal and correctional institutions, and to State correctional institutions for minors, other than those in which food service is provided for inmates on a fee, contract, or concession basis. (7 U.S.C. 1859.)

COTTON FOR COLLEGES

Agricultural Act of 1958-SEC. 505.16 Commodity Credit Corporation is authorized, on such terms as the Secretary of Agriculture may approve, to donate cotton acquired through its price support operations to educational institutions for use in the training of students in the processing and manufacture of cotton into textiles. (7 U.S.C.1431a.)

ENRICHMENT OF AND SANITARY CONTAINERS FOR CORN MEAL, GRITS, RICE, AND WHITE FLOUR DISTRIBUTION

Act of September 21, 1959-SEC. 201.17 (a) In order to insure the nutritional value of cornmeal, grits, rice, and white flour when such foods are made available for distribution under section 416 (3) of the Agricultural Act of 1949 or for distribution to schools under the National School Lunch Act or any other Act, such foods shall be enriched so as to meet the standards for enriched cornmeal, enriched corn grits, enriched rice, or enriched flour, as the case may be, prescribed in regulations promulgated under the Federal Food, Drug, and Cosmetic Act; 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 convenience and ease in handling, the weight of any sanitary container when filled shall not exceed fifty pounds unless a larger container is requested by the recipient agency.18 Nothing in this section shall prohibit the distribution of fortified parboiled rice which is substantially equal in nutritional value to that of enriched rice.19

(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 handling, 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. (7 U.S.C. 1431c.)

DONATIONS TO AREAS UNDER U.S. JURISDICTION

Act of September 6, 1958-SEC. 9.20 Notwithstanding any other provision of law those areas under the jurisdiction or administra

10 72 Stat. 996.

17 73 Stat. 610.

18 Clause beginning with "unless" added by the Act of October 11, 1962, 76 Stat. 910.

19 This sentence and all other references to rice in sec. 201 (a) were added by the Act of October 11, 1962, 76 Stat. 910.

20 72 Stat. 1792, amended by Act of November 11, 1966, 80 Stat. 1538, effective January 1, 1967.

tion of the United States are authorized to receive from the Department of Agriculture for distribution on the same basis as domestic distribution in any State, Territory, or possession of the United States, without exchange of funds, such surplus commodities as may be available pursuant to clause (2) of section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), and section 416 of the Agricultural Act of 1949, as amended (7 U.S.C. 1431). (7 U.S.C. 1431b.)

DOMESTIC DISTRIBUTIONS OF SURPLUS FOODS AVAILABLE FOR GRANT OR FOREIGN CURRENCY SALES

Mutual Security Act of 1954, as amended-SEC. 402.21 Of the funds authorized to be made available in the fiscal year 1961 pursuant to this Act (other than funds made available pursuant to title II), not less than $175,000,000 shall be used to finance the export and sale for foreign currencies or the grant of surplus agricultural commodities or products thereof produced in the United States, in addition to surplus agricultural commodities or products transferred pursuant to the Agricultural Trade Development and Assistance Act of 1954, and in accordance with the standards as to pricing and the use of private trade channels expressed in section 101 of said Act. Foreign currency proceeds accruing from such sales shall be used for the purpose of this Act and with particular emphasis on the purposes of section 104 of the Agricultural Trade Development and Assistance Act of 1954 which are in harmony with the purposes of this Act. Notwithstanding section 1415 of the Supplemental Appropriation Act, 1953, or any other provision of law, the President may use or enter into agreements with friendly nations or organizations of nations to use for such purposes the foreign currencies which accrue to the United States under this section. Surplus food commodities or products thereof made available for transfer under this Act (or any other Act) as a grant or as a sale for foreign currencies may also be made available to the maximum extent practicable to eligible domestic recipients pursuant to section 416 of the Agricultural Act of 1949, as amended (7 U.S.C. 1431), or to needy persons within the United States pursuant to clause (2) of section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c). (22 U.S.C. 1922.)

DONATIONS TO PROJECTS FOR THE ELDERLY

Older Americans Act of 1965, as amended-SEC. 707.22 (a)(1) Agricultural commodities and products purchased by the Secretary of Agriculture under section 32 of the Act of August 24, 1935 (7 U.S.Č. 612c) shall 22a be donated to a recipient of a grant or contract to be used for providing nutritional services in accordance with the provisions of this title.

21 P.L. 83-690, 68 Stat. 843, Aug. 26, 1954.

22 Section 707 added by P.L. 92-258, 86 Stat. 94, Mar. 22, 1972; (1), (2), and (3) were amended extensively by section 701 of P.L. 93-29, 87 Stat. 56, May 3, 1973. Subsections (a) (4) and (b) were added by P.L. 93-351, 88 Stat. 358, July 12, 1974. Subsections (c) and (d) were added by P.L. 94-135, 89 Stat. 718, 719, Nov. 28, 1975, which also redesignated existing subsections.

22a The word "shall" was substituted for "may" by P.L. 94-135, 89 Stat. 719, Nov. 28,

(2) The Commodity Credit Corporation shall 22a dispose of food commodities under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) by donating them to a recipient of a grant or contract to be used for providing nutritional services in accordance with the provisions of this title.

(3) Dairy products purchased by the Secretary of Agriculture under section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a-1) shall 22a be used to meet the requirements of programs providing nutritional services in accordance with the provisions of this title.

(4) In donating commodities pursuant to this subsection, the Secretary of Agriculture shall maintain an annually programed level of assistance of not less than 15 cents per meal during the fiscal year ending Sept. 30, 1976, and 25 cents per meal during the fiscal year ending Sept. 30, 1977: 22b Provided, That this amount shall be adjusted on an annual basis each fiscal year after June 30, 1975, to reflect changes in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent. Among the commodities delivered under this subsection, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates. The Secretary of Agriculture, in consultation with the Commissioner, is authorized to prescribe the terms and conditions respecting the donating of commodities pursuant to this subsection, and, within ninety days after the date of enactment of this paragraph, the Secretary of Agriculture shall issue regulations governing the donation of such commodities. (b) The Secretary of Agriculture in consultation with the Commissioner shall, within ninety days after the date of enactment of this subsection, issue regulations clarifying the use of food stamps under this title.

(c) (1) During each of the fiscal years ending June 30, 1975, and June 30, 1976, and during the period beginning July 1, 1976, and ending September 30, 1976, the Secretary of Agriculture shall purchase high protein foods, meat, and meat alternates on the open market, at prices not in excess of market prices, out of funds appropriated under this section, as determined under paragraph (3), for distribution to recipients of grants or contracts to be used for providing nutritional services in accordance with the provisions of this title. High protein food, meat, and meat alternates purchased by the Secretary of Agriculture under this subsection shall be grown and produced in the United States.

(2) High protein food, meat, and meat alternates donated under this subsection shall not be considered donated commodities for purposes of meeting the requirement of subsection (a) (4) of this section. with respect to the annually programed level of assistance under subsection (a).

(3) There are authorized to be appropriated such sums as may

22b The language beginning with "15" substituted for "10 cents per meal" by P.L. 94– 135, 89 Stat. 719, Nov. 28, 1975.

« PreviousContinue »