7 U.S.C. § 7512: Regulations

Summary

The Secretary must write rules within 30 days to put this chapter into effect. The Secretary must also keep regulatory, recordkeeping, and paperwork burdens on eligible recipient agencies as low as possible. Each year, no later than the start of the fiscal year, the Secretary must publish in the Federal Register an estimate of the kinds and amounts of commodities likely to be available under the program. The actual commodities may differ from those estimates. The rules must set standards about who is responsible for commodity losses when there is no proof of negligence or fraud and explain when payments will cover those losses, considering emergency feeding organizations’ special needs. For carrying out sections 7514 and 7515, the Secretary may issue final rules without prior public notice but must allow and consider public comment and make any needed changes no later than 1 year after September 19, 1988. Final and changed rules must include a statement of their basis and purpose.

Title 7, §7512

Agriculture, Source: USLM XML via OLRC

(a)Issuance

The Secretary shall issue regulations within 30 days to implement this chapter.

(b)Minimization of regulatory requirements

In administering this chapter, the Secretary shall minimize, to the maximum extent practicable, the regulatory, recordkeeping, and paperwork requirements imposed on eligible recipient agencies.

(c)Publication in Federal Register

(1)The Secretary shall as early as feasible but not later than the beginning of each fiscal year, publish in the Federal Register an estimate of the types and quantities of commodities that the Secretary anticipates are likely to be made available under the commodity distribution program under this chapter during the fiscal year.

(2)The actual types and quantities of commodities made available by the Secretary under this chapter may differ from the estimates made under paragraph (1).

(d)Standards of liability for commodity losses

The regulations issued by the Secretary under this section shall include provisions that set standards with respect to liability for commodity losses under the program under this chapter in situations in which there is no evidence of negligence or fraud, and conditions for payment to cover such losses. Such provisions shall take into consideration the special needs and circumstances of emergency feeding organizations

(e)Final regulations

The Secretary is authorized to issue final regulations without first issuing proposed regulations for public comment in order to carry out the provisions of section 7514 and 7515 of this title. If final regulations are issued without such prior public comment the Secretary shall permit public comment on such regulations, consider pertinent comments, and make modifications of such regulations as appropriate not later than 1 year after September 19, 1988. Such final and modified regulations shall be accompanied by a statement of the basis and purpose for such regulations.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (e). Pub. L. 104–193 struck out “(except as otherwise provided for in section 7515(j) of this title)” before “for public comment” in first sentence. 1990—Subsec. (c). Pub. L. 101–624 added subsec. (c) and struck out former subsec. (c) which contained provisions similar to the current provisions for specific fiscal years. 1988—Subsec. (c). Pub. L. 100–435, § 103(d), substituted “each of the fiscal years 1989 and 1990” for “the fiscal year ending

September 30, 1988”. Subsec. (e). Pub. L. 100–435, § 105(b), added subsec. (e). 1987—Subsec. (c). Pub. L. 100–77 substituted provisions relating to period ending on date specified in former section 212 of Pub. L. 98–8 for provisions relating to period beginning

October 1, 1983 and ending

September 30, 1987, and substituted “fiscal year ending

September 30, 1988” for “fiscal year ending

September 30, 1987”. 1985—Subsec. (c). Pub. L. 99–198, § 1570(1), substituted “the period beginning

October 1, 1983, and ending

September 30, 1987” for “the fiscal years ending

September 30, 1984, and

September 30, 1985”, “as early as feasible but not later than the beginning of the fiscal year ending

September 30, 1987” for “prior to the beginning of the fiscal year ending

September 30, 1985”, and “such fiscal year” for “second twelve months”. Subsec. (d). Pub. L. 99–198, § 1570(2), added subsec. (d). 1983–Pub. L. 98–92 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–624 effective and implemented first day of month beginning 120 days after publication of implementing

Regulations

to be promulgated not later than Oct. 1, 1991, see section 1781(a) of Pub. L. 101–624, set out as a note under section 2012 of this title.

Effective Date

of 1988 AmendmentAmendment by section 103(d) of Pub. L. 100–435 to be effective and implemented on Sept. 19, 1988, and amendment by section 105(b) of Pub. L. 100–435 to be effective and implemented on Oct. 1, 1988, see section 701(a), (b)(1) of Pub. L. 100–435, set out as a note under section 2012 of this title.

Effective Date

of 1983 Amendment Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that the amendment made by section 2 is effective Oct. 1, 1983.

§7512 Regulations

Summary

Title 7, §7512

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Effective Date

Citations & Metadata