§ 4004. — Food bank special nutrition projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4004]
TITLE 7--AGRICULTURE
CHAPTER 71--AGRICULTURAL TRADE SUSPENSION ADJUSTMENT
Sec. 4004. Food bank special nutrition projects
(a) Distribution of agricultural commodities to community food banks for
emergency distribution; availability of agricultural
commodities; use of currently used distributorship systems;
selection of food banks
The Secretary of Agriculture shall carry out special nutrition
projects to provide agricultural commodities and other foods that might
not otherwise be used, or might be more effectively used by
organizations assisted under this section, to community food banks for
emergency food box distribution to needy individuals and families.
Notwithstanding any other provisions of law, the Secretary shall make
available for purposes of such special nutrition projects, agricultural
commodities and other foods available to the Secretary under section
1431 of this title, section 1446a-1 of this title, and section 612c of
this title. For purpose of distributing agricultural commodities and
other foods to community food banks under this section, the Secretary
may, in consultation with State agencies, use food distribution systems
currently used to distribute agricultural commodities and other foods
under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751
et seq.] and Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.]. The
Secretary shall select food banks, in consultation with the Director of
the Community Services Administration, for participation in the special
nutrition projects under this section. Food banks shall be selected for
participation so as to ensure adequate geographic distribution of
emergency food box programs in at least two but not more than seven
Department of Agriculture regions.
(b) Application by food bank; recordkeeping and internal procedures
(1) No food bank may participate in the special nutrition projects
conducted under this section unless an application therefor is submitted
to and approved by the Secretary. Such application shall be submitted in
such form and manner and shall contain such information as the Secretary
shall prescribe.
(2) Each food bank participating in the special nutrition projects
under this section shall establish a recordkeeping system and internal
procedures to monitor the use of agricultural commodities and other
foods provided under this section. The Secretary shall develop standards
by which the feasibility and effectiveness of the projects shall be
measured, and shall conduct an ongoing review of the effectiveness of
the projects.
(c) Quantities and types of agricultural commodities; regulations for
designation of eligible participants
The Secretary shall determine the quantities and types of
agricultural commodities and other foods to be made available under this
section. The Secretary may prescribe regulations regarding the
designation of eligible participants in the projects and any other
regulations necessary to carry out this section.
(d) Report to Congress; contents; recommendations
The Secretary shall submit to Congress a progress report on July 1,
1983, and a final report on January 1, 1984, regarding the special
nutrition projects carried out under this section. Such report shall
include an analysis and evaluation of Federal participation in food bank
emergency food programs, the effectiveness of such participation, and
the feasibility of continuing such participation. The Secretary shall
also include in such report any recommendations regarding improvements
in Federal assistance to community food banks, including assistance for
administrative expenses and transportation.
(e) Sale of food prohibited; fines and penalties
The sale of food provided under this section shall be prohibited and
any person who receives any remuneration in exchange for food provided
under this section shall be subject to a fine of not more than $1,000 or
imprisonment for not more than six months, or both.
(f) Paperwork minimization and encouragement of participation
The Secretary shall minimize paperwork requirements placed on food
banks which participate in the special nutrition projects established
under this section and shall otherwise encourage food banks to
participate in such projects.
(g) Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary
to carry out this section.
(Pub. L. 96-494, title II, Sec. 211, Dec. 3, 1980, 94 Stat. 2577; Pub.
L. 97-98, title XI, Sec. 1114(b), Dec. 22, 1981, 95 Stat. 1269; Pub. L.
106-78, title VII, Sec. 752(b)(4), Oct. 22, 1999, 113 Stat. 1169.)
References in Text
The Richard B. Russell National School Lunch Act, referred to in
subsec. (a), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended,
which is classified generally to chapter 13 (Sec. 1751 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 1751 of
Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub.
L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is classified
generally to chapter 13A (Sec. 1771 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 1771 of Title 42 and Tables.
Amendments
1999--Subsec. (a). Pub. L. 106-78 substituted ``Richard B. Russell
National School Lunch Act'' for ``National School Lunch Act''.
1981--Subsecs. (a), (b). Pub. L. 97-98, Sec. 1114(b)(1), substituted
``special nutrition projects'' for ``demonstration projects'' wherever
appearing.
Subsec. (d). Pub. L. 97-98, Sec. 1114(b)(2), (3), substituted ``to
Congress a progress report on July 1, 1983, and a final report on
January 1, 1984'' for ``a report to Congress on October 1, 1982'' and
``special nutrition projects'' for ``demonstration projects''.
Subsecs. (f), (g). Pub. L. 97-98, Sec. 1114(b)(4), (5), added
subsec. (f), redesignated former subsec. (f) as (g), and substituted
``such sums as may be necessary to carry out this section'' for ``to
carry out this section $356,000''.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801
of Pub. L. 97-98, set out as an Effective Date note under section 4301
of this title.
Community Services Administration
Community Services Administration, which was established by section
601 of Economic Opportunity Act of 1964, as amended (42 U.S.C. 2941),
terminated when Economic Opportunity Act of 1964, Pub. L. 88-452, Aug.
20, 1964, 78 Stat. 508, as amended, was repealed, except for titles VIII
and X, effective Oct. 1, 1981, by section 683(a) of Pub. L. 97-35, title
VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C.
9912(a). An Office of Community Services, headed by a Director, was
established in the Department of Health and Human Services by section
676 of Pub. L. 97-35, which is classified to 42 U.S.C. 9905.
Section Referred to in Other Sections
This section is referred to in sections 1431e, 4004a of this title.
