(a) The Secretary shall take such precautions as the Secretary deems necessary to assure that any eligible recipient agency receiving commodities under this chapter will provide such commodities to persons served by the eligible recipient agency and will not diminish its normal expenditures for food by reason of the receipt of such commodities. The Secretary shall also take such precautions as the Secretary deems necessary to assure that commodities made available under this chapter will not displace commercial sales of such commodities or the products thereof. The Secretary shall not make commodities available for donation in any quantity or manner that the Secretary, in the Secretary’s discretion, determines may, substitute for the same or any other agricultural produce that would otherwise be purchased in the market.
(b) Commodities provided under this chapter shall be distributed only in quantities that can be consumed without waste. No eligible recipient agency may receive commodities under this chapter in excess of anticipated use, based on inventory records and controls, or in excess of its ability to accept and store such commodities.
(Pub. L. 98–8, title II, § 203C, as added Pub. L. 98–92, § 2(5), Sept. 2, 1983, 97 Stat. 610; amended Pub. L. 99–198, title XV, § 1566, Dec. 23, 1985, 99 Stat. 1591; Pub. L. 104–66, title I, § 1011(k), Dec. 21, 1995, 109 Stat. 710.)
Editorial Notes
Amendments1995—Subsec. (a). Pub. L. 104–66 struck out at end “The Secretary shall submit to Congress each year a report as to whether and to what extent such displacements or substitutions are occurring.”
1985—Subsec. (a). Pub. L. 99–198 inserted at end “The Secretary shall submit to Congress each year a report as to whether and to what extent such displacements or substitutions are occurring.”
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that this section is effective Oct. 1, 1983.