Title 7, AgricultureRelease 119-110

§7507 State and Local Supplementation of Commodities

Title 7 › CHAPTER 102 — EMERGENCY FOOD ASSISTANCE › § 7507

Last updated Sep 22, 2026|Official source

Summary

The Secretary must set up rules so State and local agencies, charities, or anyone can add donated, nutritious food to the food already sent to emergency feeding groups. States and feeding groups may use program money, storage and delivery equipment, buildings, vehicles, paid staff, and volunteers to store, handle, or give out those donated foods. They should keep using volunteers and donated food whenever possible. The Secretary can give money to States to pay for projects that harvest, process, package, or move donated unharvested or unpackaged farm food. The federal share of a project cannot be more than 50 percent. Each year the Secretary will divide funds by a formula among States that send plans, reassign unused funds to other States, and require regular financial reports. Federal funds may only be used to cut food waste at the farm/processing/distribution level, feed people in need, and build ties between farms/processors/distributors and feeding groups. The Secretary may encourage State agencies to work together. The Treasury will send $4,000,000 each year for fiscal years 2019 through 2031 to pay for these projects, available until the end of the next fiscal year. The Secretary must also issue guidance on how to reduce waste of donated foods and, within 180 days after December 20, 2018, must issue guidance to promote donations of “apparently wholesome food” that are protected by federal law by certain donors and to encourage sharing that guidance. Definitions (one line each): Apparently wholesome food — a term defined elsewhere in federal law; Institution of higher education — a term defined elsewhere in federal law; Qualified direct donor — a retail food store, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education.

Full Legal Text

Title 7, §7507

Agriculture, Source: USLM XML via OLRC

(a)Authorization
The Secretary shall establish procedures under which State and local agencies, charitable institutions, or any other persons may supplement the commodities distributed under the program authorized by this chapter for use by emergency feeding organizations with nutritious and wholesome commodities that such entities or persons donate to State agencies and emergency feeding organizations for distribution, in all or part of the State, in addition to the commodities otherwise made available under this chapter.
(b)Use of funds and facilities
States and emergency feeding organizations may use the funds appropriated under this chapter and equipment, structures, vehicles, and all other facilities involved in the storage, handling, or distribution of commodities made available under this chapter, and the personnel, both paid or volunteer, involved in such storage, handling, or distribution, to store, handle or distribute commodities donated for the use of emergency feeding organizations under subsection (a).
(c)Volunteer workers
State and emergency feeding organizations shall continue, to the maximum extent practicable, to use volunteer workers and commodities and other foodstuffs donated by charitable and other organizations in the operation of the program authorized by this section.
(d)Projects to harvest, process, package, or transport donated commodities
(1)Definition of project
In this subsection, the term “project” means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a).
(2)Federal funding for projects
(A)In general
Subject to subparagraphs (B) and (C) and paragraph (3), using funds made available under paragraph (5), the Secretary may provide funding to States to pay for the costs of carrying out a project.
(B)Federal share
The Federal share of the cost of a project under subparagraph (A) shall not exceed 50 percent of the total cost of the project.
(C)Allocation
(i)In general
Each fiscal year, the Secretary shall allocate the funds made available under subparagraph (A), based on a formula determined by the Secretary, to States that have submitted a State plan describing a plan of operation for a project under section 7503(b)(5) of this title.
(ii)Reallocation
If the Secretary determines that a State will not expend all of the funds allocated to the State for a fiscal year under clause (i), the Secretary shall reallocate the unexpended funds to other States that have submitted under section 7503(b)(5) of this title a State plan describing a plan of operation for a project during that fiscal year or the subsequent fiscal year, as the Secretary determines appropriate.
(iii)Reports
Each State to which funds are allocated for a fiscal year under this subparagraph shall, on a regular basis, submit to the Secretary financial reports describing the use of the funds.
(3)Project purposes
A State may only use Federal funds received under paragraph (2) for a project the purposes of which are—
(A)to reduce food waste at the agricultural production, processing, or distribution level through the donation of food;
(B)to provide food to individuals in need; and
(C)to build relationships between agricultural producers, processors, and distributors and emergency feeding organizations through the donation of food.
(4)Cooperative agreements
The Secretary may encourage a State agency that carries out a project using Federal funds received under paragraph (2) to enter into cooperative agreements with State agencies of other States under section 7505(d) of this title to maximize the use of commodities donated under the project.
(5)Funding
Out of funds not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $4,000,000 for each of fiscal years 2019 through 2031, to remain available until the end of the subsequent fiscal year.
(e)Food waste
The Secretary shall issue guidance outlining best practices to minimize the food waste of the commodities donated under subsection (a).
(f)Food donation standards
(1)Definitions
In this subsection: (A) Apparently wholesome food
(B)Institution of higher education
The term “institution of higher education” has the meaning given the term in section 1002 of title 20.
(C)Qualified direct donor
The term “qualified direct donor” means a retail food store, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education.
(2)Guidance
(A)In general
Not later than 180 days after December 20, 2018, the Secretary shall issue guidance to promote awareness of donations of apparently wholesome food protected under section 1791(c) of title 42 by qualified direct donors in compliance with applicable State and local health, food safety, and food handling laws (including regulations).
(B)Issuance
The Secretary shall encourage State agencies and emergency feeding organizations to share the guidance issued under subparagraph (A) with qualified direct donors.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (d)(5). Pub. L. 119–21 substituted “2031” for “2024”. 2023—Subsec. (d)(5). Pub. L. 118–22 substituted “2024” for “2023”. 2018—Subsecs. (d), (e). Pub. L. 115–334, § 4018(b), (c), added subsecs. (d) and (e). Subsec. (f). Pub. L. 115–334, § 4104, added subsec. (f).

Statutory Notes and Related Subsidiaries

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

Section to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as an

Effective Date

of 1988 Amendment note under section 2012 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7507

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110