§ 7505. — Federal and State responsibilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7505]
TITLE 7--AGRICULTURE
CHAPTER 102--EMERGENCY FOOD ASSISTANCE
Sec. 7505. Federal and State responsibilities
(a) Federal responsibility; optional State priority
The Secretary shall, as expeditiously as possible, provide the
commodities made available under this chapter in such quantities as can
be used without waste to State agencies designated by the Governor or
other appropriate State official for distribution to eligible recipient
agencies, except that the Secretary may provide such commodities
directly to eligible recipient agencies and to private companies that
process such commodities for eligible recipient agencies under sections
\1\ 7504 of this title. Notwithstanding any other provision of this
chapter, in the distribution of commodities under this chapter, each
State agency shall have the option to give priority to existing food
bank networks and other organizations whose ongoing primary function is
to facilitate the distribution of food to low-income households,
including food from sources other than the Department of Agriculture.
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\1\ So in original. Probably should be ``section''.
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(b) Distribution by State agencies; priority; rural areas
State agencies receiving commodities under this chapter shall, as
expeditiously as possible, distribute such commodities, in the
quantities requested (to the extent practicable), to eligible recipient
agencies within their respective States. However, if a State agency
cannot meet all requests for a particular commodity under this chapter,
the State agency shall give priority in the distribution of such
commodity to eligible recipient agencies providing nutrition assistance
to relieve situations of emergency and distress through the provision of
food to needy persons, including low-income and unemployed persons. Each
State agency shall encourage distribution of such commodities in rural
areas.
(c) Distribution to needy persons
Each State agency receiving commodities for individual household use
under this chapter shall distribute such commodities to eligible
recipient agencies in the State that serve needy persons, and shall,
with the approval of the Secretary, determine those persons in the State
that shall qualify as needy persons eligible for such commodities.
(d) Cooperative agreements with adjoining States
Each State agency receiving commodities under this chapter may--
(1) enter into cooperative agreements with State agencies of
other States for joint provision of such commodities to an emergency
feeding organization that serves needy persons in a single
geographical area part of which is situated in each of such States;
or
(2) transfer such commodities to any such emergency feeding
organization in the other State under such agreement.
(Pub. L. 98-8, title II, Sec. 203B, as added Pub. L. 98-92, Sec. 2(5),
Sept. 2, 1983, 97 Stat. 610; amended Pub. L. 99-198, title XV,
Sec. 1568, Dec. 23, 1985, 99 Stat. 1592; Pub. L. 100-435, title I,
Sec. 105(c), Sept. 19, 1988, 102 Stat. 1651; Pub. L. 104-193, title
VIII, Sec. 871(e)(1), Aug. 22, 1996, 110 Stat. 2345.)
Amendments
1996--Subsec. (a). Pub. L. 104-193 substituted ``203A'', which was
translated as ``section 7504 of this title'', for ``203 and 203A of this
Act''.
1988--Subsec. (a). Pub. L. 100-435 inserted at end ``Notwithstanding
any other provision of this chapter, in the distribution of commodities
under this chapter, each State agency shall have the option to give
priority to existing food bank networks and other organizations whose
ongoing primary function is to facilitate the distribution of food to
low-income households, including food from sources other than the
Department of Agriculture.''
1985--Subsec. (b). Pub. L. 99-198, Sec. 1568(a), inserted at end
``Each State agency shall encourage distribution of such commodities in
rural areas.''
Subsec. (d). Pub. L. 99-198, Sec. 1568(b), added subsec. (d).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-435 to be effective and implemented on Oct.
1, 1988, see section 701(a) of Pub. L. 100-435, set out as a note under
section 2012 of this title.
Effective Date
Section 2 of Pub. L. 98-92 provided in part that this section is
effective Oct. 1, 1983.
