§ 2013. — Establishment of program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2013]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 2013. Establishment of program
(a) Use of coupons; redeemability
Subject to the availability of funds appropriated under section 2027
of this title, the Secretary is authorized to formulate and administer a
food stamp program under which, at the request of the State agency,
eligible households within the State shall be provided an opportunity to
obtain a more nutritious diet through the issuance to them of an
allotment, except that a State may not participate in the food stamp
program if the Secretary determines that State or local sales taxes are
collected within that State on purchases of food made with coupons
issued under this chapter. The coupons so received by such households
shall be used only to purchase food from retail food stores which have
been approved for participation in the food stamp program. Coupons
issued and used as provided in this chapter shall be redeemable at face
value by the Secretary through the facilities of the Treasury of the
United States.
(b) Distribution of federally donated foods
Distribution of commodities, with or without the food stamp program,
shall be made whenever a request for concurrent or separate food program
operations, respectively, is made by a tribal organization. In the event
of distribution on all or part of an Indian reservation, the appropriate
agency of the State government in the area involved shall be responsible
for such distribution, except that, if the Secretary determines that the
tribal organization is capable of effectively and efficiently
administering such distribution, then such tribal organizations shall
administer such distribution: Provided, That the Secretary shall not
approve any plan for such distribution which permits any household on
any Indian reservation to participate simultaneously in the food stamp
program and the distribution of federally donated foods. The Secretary
is authorized to pay such amounts for administrative costs of such
distribution on Indian reservations as the Secretary finds necessary for
effective administration of such distribution by a State agency or
tribal organization.
(c) Regulations; transmittal of copy of regulations to Congressional
committees prior to issuance
The Secretary shall issue such regulations consistent with this
chapter as the Secretary deems necessary or appropriate for the
effective and efficient administration of the food stamp program and
shall promulgate all such regulations in accordance with the procedures
set forth in section 553 of title 5. In addition, prior to issuing any
regulation, the Secretary shall provide the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a copy of the regulation with a
detailed statement justifying it.
(Pub. L. 88-525, Sec. 4, Aug. 31, 1964, 78 Stat. 704; Pub. L. 91-671,
Sec. 3, Jan. 11, 1971, 84 Stat. 2049; Pub. L. 95-113, title XIII,
Sec. 1301, Sept. 29, 1977, 91 Stat. 961; Pub. L. 99-198, title XV,
Secs. 1505(a), 1506, Dec. 23, 1985, 99 Stat. 1567.)
Amendments
1985--Subsec. (a). Pub. L. 99-198, Sec. 1505(a), inserted ``, except
that a State may not participate in the food stamp program if the
Secretary determines that State or local sales taxes are collected
within that State on purchases of food made with coupons issued under
this chapter'' at end of first sentence.
Subsec. (b). Pub. L. 99-198, Sec. 1506, struck out first sentence
which directed that in jurisdictions where the food stamp program is in
operation, there shall be no distribution of federally donated foods to
households under the authority of any law, except that distribution may
be made (1) on a temporary basis under programs authorized by law to
meet disaster relief needs, or (2) for the purpose of the commodity
supplemental food program, and struck out ``also'' after ``shall'' in
second sentence.
1977--Subsec. (a). Pub. L. 95-113 made establishment of food stamp
program subject to availability of funds appropriated under section 2027
of this title.
Subsec. (b). Pub. L. 95-113 inserted provisions relating to requests
by tribal organizations.
Subsec. (c). Pub. L. 95-113 inserted provisions relating to
transmittal of regulations and accompanying statement of justification
to Congressional committees.
1971--Subsec. (a). Pub. L. 91-671 substituted ``the State agency''
and ``the charge to be paid for such allotment by eligible households''
for ``an appropriate State agency'' and ``their normal expenditures for
food'', respectively, and struck out ``more nearly'' before ``to
obtain''.
Subsec. (b). Pub. L. 91-671 substituted ``operation'' for
``effect'', ``federally donated foods'' for ``federally owned foods''
where first appearing, and exception provision for distributions to
households: during temporary emergency situations, for period of time
necessary to effect transition to a food stamp program as a replacement
of distribution of federally donated foods, or on request of the State
agency without simultaneous participation in both the food stamp program
and distribution of federally donated foods for prior exception during
emergency situations caused by a national or other disaster.
Effective Date of 1985 Amendment
Section 1505(b) of Pub. L. 99-198 provided that:
``(1) Except as provided in paragraph (2), the amendment made by
subsection (a) [amending this section] shall take effect with respect to
a State beginning on the first day of the fiscal year that commences in
the calendar year during which the first regular session of the
legislature of such State is convened following the date of enactment of
this Act [Dec. 23, 1985].
``(2) Upon a showing by a State, to the satisfaction of the
Secretary, that the application of paragraph (1), without regard to this
paragraph, would have an adverse and disruptive effect on the
administration of the food stamp program in such State or would provide
inadequate time for retail stores to implement changes in sales tax
policy required as a result of the amendment made by subsection (a)
[amending this section], the Secretary may delay the effective date of
subsection (a) with respect to such State to a date not later than
October 1, 1987.''
Effective Date of 1977 Amendment
Section 1301 of Pub. L. 95-113 provided that the amendment made by
that section is effective Oct. 1, 1977.
Section Referred to in Other Sections
This section is referred to in sections 2012, 2014, 4004a, 7509 of
this title; title 8 section 1615; title 37 section 402a.
