US Code

Public Law 119-87 (04/30/2026)

7 U.S.C. § 1731

Commodity determinations

(a)

Ineligible commodities

(1)

Alcoholic beverages

Alcoholic beverages shall not be made available for disposition under this chapter.

(2)

Tobacco

section 1727b of this titleTobacco or the products thereof shall not be made available under or subchapter III of this chapter.

(b)

Market development activities

Subsection (a)(1) shall not be construed to prohibit representatives of the United States wine, beer, distilled spirits, or other alcoholic beverage industry from participating in agricultural market development activities carried out by the Secretary with foreign currencies made available under subchapter II of this chapter.

July 10, 1954, ch. 469 Pub. L. 86–341, title I, § 1473 Stat. 610 Pub. L. 87–703, title II, § 201(1)76 Stat. 610 Pub. L. 89–808, § 2(E)80 Stat. 1535 Pub. L. 95–88, title II, § 21291 Stat. 551 Pub. L. 95–113, title XII, § 120491 Stat. 956 Pub. L. 96–53, title II, § 20893 Stat. 370 Pub. L. 101–624, title XV, § 1512104 Stat. 3645 Pub. L. 104–127, title II, § 212110 Stat. 955 Pub. L. 110–246, title III, § 3014(a)122 Stat. 1826 (, title IV, § 401, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 110–2462008— redesignated subsecs. (b) and (c) as (a) and (b), respectively, in subsec. (b), substituted “(a)(1)” for “(b)(1)”, and struck out former subsec. (a). Prior to amendment, text read as follows: “No agricultural commodity shall be available for disposition under this chapter if the Secretary determines that the disposition would reduce the domestic supply of the commodity below the supply needed to meet domestic requirements and provide adequate carryover (as determined by the Secretary), unless the Secretary determines that some part of the supply should be used to carry out urgent humanitarian purposes under this chapter.”

Pub. L. 104–1271996— added subsec. (a) and struck out former subsec. (a) which authorized Secretary, after consultation with other affected Federal agencies, to determine agricultural commodities and quantities thereof available for disposition, redesignated subsec. (e) as (b) and struck out former subsec. (b) which provided for modification of determination by Secretary, redesignated subsec. (f) as (c) and substituted “(b)(1)” for “(e)(1)”, struck out former subsec. (c) which provided for nonavailability of commodities if domestic supply of such commodities was adversely affected, and struck out subsec. (d) which outlined policies for distribution of commodities to developing countries.

Pub. L. 101–6241990— amended section generally, substituting present provisions for provisions authorizing Secretary to determine types and quantities of commodities available for distribution, limiting distribution where domestic supply is threatened, and requiring available storage facilities in recipient country prior to making commodities available to such country as well as finding that distribution will not result in interference with production or marketing in that country.

Pub. L. 96–531979—Subsec. (b)(2). substituted “to or interference with domestic production or marketing in” for “to domestic production in”.

Pub. L. 95–1131977—Subsec. (a). inserted provisions under which commodities may be made available for disposition if the Secretary of Agriculture determines that some part of the supply of commodities should be used to carry out urgent humanitarian purposes, even though such disposition would reduce the domestic supply of those commodities below that needed to meet domestic requirements, provide adequate carryover, and allow for anticipated exports.

Pub. L. 95–88 designated existing provisions as subsec. (a).

Pub. L. 95–88Subsec. (b). added subsec. (b).

Pub. L. 89–8081966— substituted provisions relating to determination and criteria for such determination by the Secretary of Agriculture of agricultural commodities available for disposition for former statement of purpose of provisions relating to long-term supply contracts, now covered by subchapter II of this chapter.

Pub. L. 87–7031962— included in the statement of purpose the stimulation and increase of sales of surplus agricultural commodities for dollars through long-term supply contracts and through the extension of credit for the purchase of such commodities, by agreements with friendly nations or with private trade.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–246section 4(b) of Pub. L. 110–246section 8701 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1990 Amendment

Pub. L. 101–624section 1513 of Pub. L. 101–624section 1691 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1979 Amendment

Pub. L. 96–53section 512(a) of Pub. L. 96–53section 2151 of Title 22Amendment by effective , see , set out as a note under , Foreign Relations and Intercourse.

Effective Date of 1977 Amendments

Pub. L. 95–113section 1901 of Pub. L. 95–113section 1307 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 95–88section 215 of Pub. L. 95–88section 1702 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1966 Amendment

Pub. L. 89–808section 5 of Pub. L. 89–808section 1691 of this titleAmendment by effective , see , set out as a note under .

Export Sales of Dairy Products

Pub. L. 99–198, title XI, § 116399 Stat. 1499 Pub. L. 100–435, title I, § 107102 Stat. 1651 Pub. L. 101–624, title I, § 111104 Stat. 3380 Pub. L. 103–465, title IV, § 411(c)108 Stat. 4963

“(a)
In each fiscal year, the Secretary of Agriculture may sell dairy products for export, at such prices as the Secretary determines appropriate, in a quantity and allocated as determined by the Secretary, consistent with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, if the disposition of the commodities will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade.
“(b)
Such sales shall be made through the Commodity Credit Corporation under existing authority available to the Secretary or the Commodity Credit Corporation.
“(c)
Through , the Secretary shall report semiannually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the volume of sales made under this section.”
, , , as amended by , , ; , , ; , , , provided that:

section 1163 of Pub. L. 99–198Pub. L. 103–465section 451 of Pub. L. 103–465section 3601 of Title 19[Amendment of , set out above, by effective on the date of entry into force of the WTO Agreement with respect to the United States (), except as otherwise provided, see , set out as an Effective Date note under , Customs Duties.]

section 1163 of Pub. L. 99–198Pub. L. 100–435section 701 of Pub. L. 100–435section 2012 of this title[Amendment of , set out above, by effective and implemented on , see , set out as a note under .]