US Code

Public Law 119-73 (01/23/2026)

7 U.S.C. § 1431e

Distribution of surplus commodities to special nutrition projects; reprocessing agreements with private companies

(1)
42 U.S.C. 3001section 4004 of this title Notwithstanding any other provision of law, whenever Government stocks of commodities are acquired under the price support programs and are not likely to be sold by the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution, such commodities shall be made available without charge or credit to nutrition projects under the authority of the Older Americans Act of 1965 ( et seq.), to child nutrition programs providing food service, and to food banks participating in the special nutrition projects established under . Such distribution may include bulk distribution to congregate nutrition sites and to providers of home delivered meals under the Older Americans Act of 1965. The Commodity Credit Corporation 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 limited 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 Agriculture, the Secretary shall encourage consumption of such commodity through agreements with private companies under which the commodity is reprocessed into end-food products for use by eligible recipient agencies. The expense of reprocessing shall be paid by such eligible recipient agencies.
(B)
To maintain eligibility to enter into, and to continue, any agreement with the Secretary of Agriculture under subparagraph (A), a private company shall annually settle all accounts with the Secretary and any appropriate State agency regarding commodities processed under such agreements.
(C)
1
1 See References in Text note below.
Public Law 100–2377 U.S.C. 612c Whenever commodities are made available to agencies pursuant to section 311(a)(4)  of the Older Americans Act of 1965, the Secretary shall encourage access to processed end products containing the commodities when in the Secretary’s judgment it is cost effective. The requirements of this subparagraph shall be met in the most efficient and effective way possible. The Secretary may, among other alternatives, use direct purchase, State option contracts authorized under section 3A of the Commodity Distribution Reform Act and WIC Amendments of 1987 (; note), State processing programs, and (beginning in fiscal year 1994) agreements with private companies operated as a part of the national commodity processing program.
(D)
1 In each of fiscal years 1992, 1993, and 1994, the Secretary shall conduct a pilot project in not more than three States under which any commodity made available to agencies pursuant to section 311(a)(4)  of the Older Americans Act of 1965 that the Secretary determines to be appropriate for reprocessing is made available to the agencies as reprocessed end products. The reprocessing shall be performed pursuant to agreements with private companies, at the expense of the agencies, and operated as part of the national commodity processing program established under subparagraph (A). In determining the appropriateness of the commodities to be reprocessed under the pilot project, the Secretary shall consider the common needs of the agencies and the availability of processors.

Pub. L. 97–98, title XI, § 1114(a)95 Stat. 1269Pub. L. 99–198, title XV, § 1567(a)99 Stat. 1591Pub. L. 100–237, § 6101 Stat. 1740Pub. L. 101–624, title XVII, § 1775104 Stat. 3813Pub. L. 102–237, title IX, § 921105 Stat. 1887Pub. L. 104–127, title IV, § 405110 Stat. 1029Pub. L. 107–171, title IV, § 4203116 Stat. 330Pub. L. 110–234, title IV, § 4406(b)(4)122 Stat. 1142Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–79, title IV, § 4103128 Stat. 820Pub. L. 115–334, title IV, § 4103132 Stat. 4655(, , ; , (b), , , 1592; , , ; , , ; , , ; , , ; , , ; , , ; , title IV, § 4406(b)(4), , , 1903; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 89–7379 Stat. 218section 3030a of Title 42Pub. L. 106–501, title III, § 309114 Stat. 2246section 3001 of Title 42The Older Americans Act of 1965, referred to in text, is , , , which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. Section 311 of the Act, which is classified to , was amended by , , , and, as so amended, provisions which formerly appeared in subsec. (a)(4) were struck out. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

section 1421 of this titleSection was enacted as part of the Agriculture and Food Act of 1981, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 115–3342018—Par. (2)(A). substituted “2023” for “2018”.

Pub. L. 113–792014—Par. (2)(A). substituted “2018” for “2012”.

Pub. L. 110–246, § 4406(b)(4)2008—Par. (2)(A). , substituted “For each of fiscal years 2008 through 2012” for “Effective through ”.

Pub. L. 107–1712002—Par. (2)(A). substituted “2007” for “2002”.

Pub. L. 104–1271996—Par. (2)(A). substituted “2002” for “1995”.

Pub. L. 102–2371991—Par. (2)(D). substituted “1992, 1993, and 1994” for “1992 and 1993”.

Pub. L. 101–624, § 1775(a)1990—Par. (2)(A). , substituted “1995” for “1990”.

Pub. L. 101–624, § 1775(b)Par. (2)(C), (D). , added subpars. (C) and (D).

Pub. L. 100–2371988—Par. (2)(A). substituted “” for “”.

Pub. L. 99–1981985— designated existing provisions as par. (1), inserted provision directing that commodities made available under this section include, but not be limited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under .

section 4406(b)(4) of Pub. L. 110–246section 4407 of Pub. L. 110–246section 1161 of Title 2Amendment by effective , see , set out as a note under , The Congress.

Effective Date of 2002 Amendment

Pub. L. 107–171section 4405 of Pub. L. 107–171section 1161 of Title 2Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , The Congress.

Effective Date of 1991 Amendment

Pub. L. 102–237section 1101(d)(1) of Pub. L. 102–237section 1421 of this titleAmendment by effective and to be implemented no later than , see , set out as a note under .

Effective Date

section 1801 of Pub. L. 97–98section 4301 of this titleSection effective , see , set out as a note under .

National Donated Commodity Processing Programs

Pub. L. 99–500, title III, § 364100 Stat. 1783–368Pub. L. 99–591, title III, § 364100 Stat. 3341–371Pub. L. 99–661, div. D, title IV, § 4404100 Stat. 4079

7 U.S.C. 1431e(a)(2)“In accordance with the terms and conditions of section 1114(a)(2) of the Agriculture and Food Act of 1981 (), whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary of Agriculture, the Secretary shall encourage consumption of the commodity through agreements with private companies under which the commodity is reprocessed into end-food products for use by eligible recipient agencies.”
, , , and , , ; , , , provided that: