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Title 7 — AgricultureRelease 119-73

§8110 Feedstock flexibility program for bioenergy producers

Title 7 › Chapter CHAPTER 107— - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT › § 8110

Last updated Apr 6, 2026|Official source

Summary

The Secretary must buy eligible sugar from U.S. sellers and sell it to bioenergy producers so they can make fuel-grade ethanol and other biofuels. This buying and selling covers crop years 2008 through 2026, and it only happens when needed to avoid losses to the Commodity Credit Corporation and keep that program from costing the federal government money. The Secretary must use competitive procedures like bids when possible. As soon as possible after the Food, Conservation, and Energy Act of 2008 and each September 1 through September 1, 2026, the Secretary will tell sellers and biofuel makers how much sugar will be available for the next crop year. Then by January 1, April 1, and July 1 after each notice, the Secretary must reestimate the amounts, update the notice, and make purchases and sales based on those new estimates. Key terms: bioenergy means fuel-grade ethanol and other biofuels; bioenergy producer means a producer who will use eligible sugar to make bioenergy; eligible commodity means raw, refined, or in-process sugar fit for human consumption or for extracting sugar for people to eat; eligible entity means a U.S. business that sells that sugar in the U.S. If the Commodity Credit Corporation already holds sugar, the Secretary must sell it to biofuel makers, dispose of it under the rules in section 7272, or buy back quota certificates, except when other approved methods that do not increase sugar for people are used. In an emergency shortage of sugar for people caused by war, flood, hurricane, or similar event, the Secretary may use other CCC authorities to dispose of sugar. Bioenergy buyers must take possession of purchased sugar within 30 calendar days. The Secretary should avoid CCC storage fees when possible. If a payment under this program involves sugar covered by a marketing allotment, that sugar counts as marketed and reduces the processor’s allotment. The Secretary will use the Commodity Credit Corporation’s funds and facilities to run this program.

Full Legal Text

Title 7, §8110

Agriculture — Source: USLM XML via OLRC

(a)In this section:
(1)The term “bioenergy” means fuel grade ethanol and other biofuel.
(2)The term “bioenergy producer” means a producer of bioenergy that uses an eligible commodity to produce bioenergy under this section.
(3)The term “eligible commodity” means a form of raw or refined sugar or in-process sugar that is eligible to be marketed in the United States for human consumption or to be used for the extraction of sugar for human consumption.
(4)The term “eligible entity” means an entity located in the United States that markets an eligible commodity in the United States.
(b)(1)(A)For each of the 2008 through 2026 crops, the Secretary shall purchase eligible commodities from eligible entities and sell such commodities to bioenergy producers for the purpose of producing bioenergy in a manner that ensures that section 7272 of this title is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation.
(B)In carrying out the purchases and sales required under subparagraph (A), the Secretary shall, to the maximum extent practicable, use competitive procedures, including the receiving, offering, and accepting of bids, when entering into contracts with eligible entities and bioenergy producers, provided that such procedures are consistent with the purposes of subparagraph (A).
(C)The purchase and sale of eligible commodities under subparagraph (A) shall only be made in crop years in which such purchases and sales are necessary to ensure that the program authorized under section 7272 of this title is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation.
(2)(A)As soon as practicable after the date of enactment of the Food, Conservation, and Energy Act of 2008 and each September 1 thereafter through September 1, 2026, the Secretary shall provide notice to eligible entities and bioenergy producers of the quantity of eligible commodities that shall be made available for purchase and sale for the crop year following the date of the notice under this section.
(B)Not later than the January 1, April 1, and July 1 of the calendar year following the date of a notice under subparagraph (A), the Secretary shall reestimate the quantity of eligible commodities determined under subparagraph (A), and provide notice and make purchases and sales based on such reestimates.
(3)(A)(i)Except as provided in clause (ii), to the extent that an eligible commodity is owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under section 7272 of this title), the Secretary shall—
(I)sell the eligible commodity to bioenergy producers under this section consistent with paragraph (1)(C);
(II)dispose of the eligible commodity in accordance with section 7272(f)(2) of this title; or
(III)otherwise dispose of the eligible commodity through the buyback of certificates of quota entry.
(ii)Nothing in this section limits the use of other authorities for the disposition of an eligible commodity held in the inventory of the Commodity Credit Corporation for nonfood use or otherwise in a manner that does not increase the net quantity of sugar available for human consumption in the United States market, consistent with section 7272(f)(1) of this title.
(B)Notwithstanding subparagraph (A), if there is an emergency shortage of sugar for human consumption in the United States market that is caused by a war, flood, hurricane, or other natural disaster, or other similar event, the Secretary may dispose of an eligible commodity that is owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under section 7272 of this title) through disposition as authorized under section 7272(f) of this title or through the use of any other authority of the Commodity Credit Corporation.
(4)(A)Except with regard to emergency dispositions under paragraph (3)(B) and as provided in subparagraph (C), the Secretary shall ensure that bioenergy producers that purchase eligible commodities pursuant to this section take possession of the eligible commodities within 30 calendar days of the date of such purchase from the Commodity Credit Corporation.
(B)(i)The Secretary shall, to the maximum extent practicable, carry out this section in a manner that ensures no storage fees are paid by the Commodity Credit Corporation in the administration of this section.
(ii)Clause (i) shall not apply with respect to any commodities owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under section 7272 of this title).
(C)(i)The Secretary may enter into contracts with bioenergy producers to sell eligible commodities to such producers prior in time to entering into contracts with eligible entities to purchase the eligible commodities to be used to satisfy the contracts entered into with the bioenergy producers.
(ii)If the Secretary makes a sale and purchase referred to in clause (i), the Secretary shall ensure that the bioenergy producer that purchased eligible commodities takes possession of such commodities within 30 calendar days of the date the Commodity Credit Corporation purchases the eligible commodities.
(5)If sugar that is subject to a marketing allotment under part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is the subject of a payment under this section, the sugar shall be considered marketed and shall count against a processor’s allocation of an allotment under such part, as applicable.
(6)The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation, including the use of such sums as are necessary, to carry out this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(2)(A), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. The Agricultural Adjustment Act of 1938, referred to in subsec. (b)(5), is act Feb. 16, 1938, ch. 30, 52 Stat. 31. Part VII of subtitle B of title III of the Act is classified to subpart VII (§ 1359aa et seq.) of part B of subchapter II of chapter 35 of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables. Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 9010 of Pub. L. 107–171 was classified to section 8108 of this title, prior to the general amendment of this chapter by Pub. L. 110–246.

Amendments

2025—Subsec. (b)(1)(A), (2)(A). Pub. L. 119–37 substituted “2026” for “2025”. 2024—Subsec. (b)(1)(A), (2)(A). Pub. L. 118–158 substituted “2025” for “2024”. 2023—Subsec. (b)(1)(A), (2)(A). Pub. L. 118–22 substituted “2024” for “2023”. 2018—Subsec. (b)(1)(A), (2)(A). Pub. L. 115–334 substituted “2023” for “2018”. 2014—Subsec. (b)(1)(A), (2)(A). Pub. L. 113–79 substituted “2018” for “2013”. 2013—Subsec. (b)(1)(A), (2)(A). Pub. L. 112–240 substituted “2013” for “2012”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2025 AmendmentAmendment by Pub. L. 119–37 to be applied and administered as if enacted on Sept. 30, 2025, see section 5002(g) of Pub. L. 119–37, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date

of 2024 AmendmentAmendment by Pub. L. 118–158 to be applied and administered as if enacted on Sept. 30, 2024, see section 4101(g) of Pub. L. 118–158, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date

of 2023 AmendmentAmendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date

of 2013 AmendmentAmendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 8110

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73