§7285 — Title 7 Agriculture | U.S. Code

Summary

The Commodity Credit Corporation may sell any commodity it owns at whatever price the Secretary thinks will bring the most return. That rule does not apply when the sale is for a new or byproduct use; when peanuts or oilseeds are sold for oil extraction; when the sale is for seed or feed that will not hurt loan programs; when the commodity has badly declined in quality or is likely to spoil; when the sale is used to make a claim or recover from fraud or other wrongdoing; when the Corporation decides the sale is for export; or when the sale is for a use that is not the commodity’s primary use. The Corporation may also make commodities available to help people in areas the President declares to be in acute distress or in major disasters under the Robert T. Stafford Act, if doing so won’t disrupt normal markets. Except when costs are reimbursed, the Corporation must only cover the commodity’s cost plus storage, handling, and delivery to one or more central locations in each State or area. Small amounts or items that are old, poorly located, or may not keep well can be handled under different rules for efficient operations.

Title 7, §7285

Agriculture — Source: USLM XML via OLRC

(a)The Commodity Credit Corporation may sell any commodity owned or controlled by the Corporation at any price that the Secretary determines will maximize returns to the Corporation.

(b)Subsection (a) shall not apply to—

(1)a sale for a new or byproduct use;

(2)a sale of peanuts or oilseeds for the extraction of oil;

(3)a sale for seed or feed if the sale will not substantially impair any loan program;

(4)a sale of a commodity that has substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spoilage;

(5)a sale for the purpose of establishing a claim arising out of a contract or against a person who has committed fraud, misrepresentation, or other wrongful act with respect to the commodity;

(6)a sale for export, as determined by the Corporation; and

(7)a sale for other than a primary use.

(c)(1)Notwithstanding subsection (a), on such terms and conditions as the Secretary may consider in the public interest, the Corporation may make available any commodity or product owned or controlled by the Corporation for use in relieving distress—

(A)in any area in the United States (including the Virgin Islands) declared by the President to be an acute distress area because of unemployment or other economic cause, if the President finds that the use will not displace or interfere with normal marketing of agricultural commodities; and

(B)in connection with any major disaster determined by the President to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(2)Except on a reimbursable basis, the Corporation shall not bear any costs in connection with making a commodity available under paragraph (1) beyond the cost of the commodity to the Corporation incurred in—

(A)the storage of the commodity; and

(B)the handling and transportation costs in making delivery of the commodity to designated agencies at 1 or more central locations in each State or other area.

(d)Subsection (a) shall not apply to the sale of a commodity the disposition of which is desirable in the interest of the effective and efficient conduct of the operations of the Corporation because of the small quantity of the commodity involved, or because of the age, location, or questionable continued storability of the commodity.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1)(B), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of Title 42 and Tables.

§7285 Commodity Credit Corporation sales price restrictions