Farmer to Consumer Direct Marketing Act of 1976

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19. FARMER-TO-CONSUMER DIRECT MARKETING ACT OF
1976

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19. FARMER-TO-CONSUMER DIRECT MARKETING
ACT OF 1976
[As Amended Through P.L. 110–246, Effective May 22, 2008]
Public Law 94–463, October 8, 1976
AN ACT To encourage the direct marketing of agricultural commodities from
farmers to consumers.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That ø7 U.S.C.
3001 note¿ this Act may be cited as the ‘‘Farmer-to-Consumer Direct Marketing Act of 1976’’.
PURPOSE

SEC. 2. ø7 U.S.C. 3001¿ It is the purpose of this Act to promote,
through appropriate means and on an economically sustainable
basis, the development and expansion of direct marketing of agricultural commodities from farmers to consumers. To accomplish
this objective, the Secretary of Agriculture (hereinafter referred to
as the ‘‘Secretary’’) shall initiate and coordinate a program designed
to facilitate direct marketing from farmers to consumers for the
mutual benefit of consumers and farmers.
DEFINITION

SEC. 3. ø7 U.S.C. 3002¿ For purposes of this Act, the term ‘‘direct marketing from farmers to consumers’’ shall mean the marketing of agricultural commodities at any marketplace (including,
but not limited to, roadside stands, city markets, and vehicles used
for house-to-house marketing of agricultural commodities) established and maintained for the purpose of enabling farmers to sell
(either individually or through a farmers’ organization directly representing the farmers who produced the commodities being sold)
their agricultural commodities directly to individual consumers, or
organizations representing consumers, in a manner calculated to
lower the cost and increase the quality of food to such consumers
while providing increased financial returns to the farmers.
SURVEY

SEC. 4. ø7 U.S.C. 3003¿ The Secretary shall provide, through
the Economic Research Service of the United States Department of
Agriculture, or whatever agency or agencies the Secretary considers
appropriate, an annual survey of existing methods of direct marketing from farmers to consumers in each State.
DIRECT MARKETING ASSISTANCE WITHIN THE STATES

SEC. 5. ø7 U.S.C. 3004¿ (a) In order to promote the establishment and operation of direct marketing from farmers to consumers,
the Secretary shall provide that funds appropriated to carry out
this section be utilized by State departments of agriculture and the
Secretary for the purpose of conducting or facilitating activities
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which will initiate, encourage, develop, or coordinate methods of direct marketing from farmers to consumers within or among the
States. Such funds shall be allocated to a State on the basis of the
feasibility of direct marketing from farmers to consumers within
that State as compared to other States and shall be allocated within a State to the State department of agriculture and to the Secretary on the basis of the types of activities which are needed in
the State, as determined by the Secretary. The activities shall include, but shall not be limited to—
(1) sponsoring conferences which are designed to facilitate
the sharing of information (among farm producers, consumers,
and other interested persons or groups) concerning the establishment and operation of direct marketing from farmers to
consumers;
(2) compiling laws and regulations relevant to the conduct
of the various methods of such direct marketing within the
State, formulating drafts of enabling legislation needed to facilitate such direct marketing, determining feasible locations
for additional facilities for such direct marketing, and preparing and disseminating practical information on the establishment and operation of such direct marketing; and
(3) providing technical assistance for the purpose of aiding
interested individuals or groups in the establishment of arrangements for direct marketing from farmers to consumers.
(b) DEVELOPMENT OF FARMERS’ MARKETS.—The Secretary
shall—
(1) work with the Governor of a State, and a State agency
designated by the Governor, to develop programs to train managers of farmers’ markets;
(2) develop opportunities to share information among managers of farmers’ markets;
(3) establish a program to train cooperative extension service employees in the development of direct marketing techniques; and
(4) work with producers to develop farmers’ markets.
(c) In the implementation of this section, the Secretary shall
take into account consumer preferences and needs which may bear
upon the establishment and operation of arrangements for direct
marketing from farmers to consumers.
SEC. 6. ø7 U.S.C. 3005¿ FARMERS’ MARKET PROMOTION PROGRAM.

(a) ESTABLISHMENT.—The Secretary shall carry out a program,
to be known as the ‘‘Farmers’ Market Promotion Program’’ (referred
to in this section as the ‘‘Program’’), to make grants to eligible entities for projects to establish, expand, and promote farmers’ markets
and to promote direct producer-to-consumer marketing.
(b) PROGRAM PURPOSES.—
(1) IN GENERAL.—The purposes of the Program are—
(A) to increase domestic consumption of agricultural
commodities by improving and expanding, or assisting in
the improvement and expansion of, domestic farmers’ markets, roadside stands, community-supported agriculture
programs, agri-tourism activities, and other direct producer-to-consumer market opportunities; and
(B) to develop, or aid in the development of, new farmers’ markets, roadside stands, community-supported agriMay 22, 2008

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FARMER-TO-CONSUMER DIRECT MARKETING ACT OF 1976

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culture programs, agri-tourism activities, and other direct
producer-to-consumer marketing opportunities.
(2) LIMITATIONS.—An eligible entity may not use a grant or
other assistance provided under the Program for the purchase,
construction, or rehabilitation of a building or structure.
(c) ELIGIBLE ENTITIES.—An entity shall be eligible to receive a
grant under the Program if the entity is—
(1) an agricultural cooperative or a producer network or association;
(2) a local government;
(3) a nonprofit corporation;
(4) a public benefit corporation;
(5) an economic development corporation;
(6) a regional farmers’ market authority; or
(7) such other entity as the Secretary may designate.
(d) CRITERIA AND GUIDELINES.—The Secretary shall establish
criteria and guidelines for the submission, evaluation, and funding
of proposed projects under the Program.
(e) FUNDING.—
(1) IN GENERAL.—Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section—
(A) $3,000,000 for fiscal year 2008;
(B) $5,000,000 for each of fiscal years 2009 through
2010; and
(C) $10,000,000 for each of fiscal years 2011 and 2012.
(2) USE OF FUNDS.—Not less than 10 percent of the funds
used to carry out this section in a fiscal year under paragraph
(1) shall be used to support the use of electronic benefits transfers for Federal nutrition programs at farmers’ markets.
(3) INTERDEPARTMENTAL COORDINATION.—In carrying out
this subsection, the Secretary shall ensure coordination between the various agencies to the maximum extent practicable.
(4) LIMITATION.—Funds described in paragraph (2)—
(A) may not be used for the ongoing cost of carrying
out any project; and
(B) shall only be provided to eligible entities that demonstrate a plan to continue to provide EBT card access at
1 or more farmers’ markets following the receipt of the
grant.
AUTHORIZATION OF APPROPRIATIONS

SEC. 7. ø7 U.S.C. 3006¿ (a) For purposes of carrying out section
4, there are authorized to be appropriated such sums as are necessary.
(b) For purposes of carrying out the provisions of section 5,
there is authorized to be appropriated $1,500,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978.
EMERGENCY HAY PROGRAM

SEC. 8. øOmitted-Obsolete¿

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