§ 7285. — Commodity Credit Corporation sales price restrictions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7285]
TITLE 7--AGRICULTURE
CHAPTER 100--AGRICULTURAL MARKET TRANSITION
SUBCHAPTER V--ADMINISTRATION
Sec. 7285. Commodity Credit Corporation sales price restrictions
(a) General sales authority
The Commodity Credit Corporation may sell any commodity owned or
controlled by the Corporation at any price that the Secretary determines
will maximize returns to the Corporation.
(b) Nonapplication of sales price restrictions
Subsection (a) of this section shall not apply to--
(1) a sale for a new or byproduct use;
(2) a sale of peanuts or oilseeds for the extraction of oil;
(3) a sale for seed or feed if the sale will not substantially
impair any loan program;
(4) a sale of a commodity that has substantially deteriorated in
quality or as to which there is a danger of loss or waste through
deterioration or spoilage;
(5) a sale for the purpose of establishing a claim arising out
of a contract or against a person who has committed fraud,
misrepresentation, or other wrongful act with respect to the
commodity;
(6) a sale for export, as determined by the Corporation; and
(7) a sale for other than a primary use.
(c) Presidential disaster areas
(1) In general
Notwithstanding subsection (a) of this section, on such terms
and conditions as the Secretary may consider in the public interest,
the Corporation may make available any commodity or product owned or
controlled by the Corporation for use in relieving distress--
(A) in any area in the United States (including the Virgin
Islands) declared by the President to be an acute distress area
because of unemployment or other economic cause, if the
President finds that the use will not displace or interfere with
normal marketing of agricultural commodities; and
(B) in connection with any major disaster determined by the
President to warrant assistance by the Federal Government under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).
(2) Costs
Except on a reimbursable basis, the Corporation shall not bear
any costs in connection with making a commodity available under
paragraph (1) beyond the cost of the commodity to the Corporation
incurred in--
(A) the storage of the commodity; and
(B) the handling and transportation costs in making delivery
of the commodity to designated agencies at 1 or more central
locations in each State or other area.
(d) Efficient operations
Subsection (a) of this section shall not apply to the sale of a
commodity the disposition of which is desirable in the interest of the
effective and efficient conduct of the operations of the Corporation
because of the small quantity of the commodity involved, or because of
the age, location, or questionable continued storability of the
commodity.
(Pub. L. 104-127, title I, Sec. 165, Apr. 4, 1996, 110 Stat. 936.)
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act,
referred to in subsec. (c)(1)(B), is Pub. L. 93-288, May 22, 1974, 88
Stat. 143, as amended, which is classified principally to chapter 68
(Sec. 5121 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 5121 of Title 42 and Tables.
