Agriculture and Consumer Protection Act of 1973

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AGRICULTURE AND CONSUMER PROTECTION
ACT OF 1973
[As Amended Through P.L. 110–246, Effective October 1, 2008]
TABLE OF CONTENTS
Sec. 4. Commodity distribution program ................................................
Sec. 5. Commodity supplemental food program ......................................

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COMMODITY DISTRIBUTION PROGRAM

SEC. 4. 4–1 ø7 U.S.C. 612c note¿ (a) Notwithstanding any other
provision of law, the Secretary may, during fiscal years 2008
through 2012, purchase and distribute sufficient agricultural commodities with funds appropriated from the general fund of the
Treasury to maintain the traditional level of assistance for food assistance programs as are authorized by law, including but not limited to distribution to institutions (including hospitals and facilities
caring for needy infants and children), supplemental feeding programs serving women, infants, and children or elderly persons, or
both, wherever located, disaster areas, summer camps for children,
the United States Trust Territory of the Pacific Islands, and Indians, whenever a tribal organization requests distribution of federally donated foods pursuant to section 4(b) of the Food Stamp Act
of 1977 (section 2013(b) of this title). In providing for commodity
distribution to Indians, the Secretary shall improve the variety and
quantity of commodities supplied to Indians in order to provide
them an opportunity to obtain a more nutritious diet.
(b) The Secretary may furnish commodities to summer camps
for children in which the number of adults participating in camp activities as compared with the number of children 18 years of age
and under so participating is not unreasonable in light of the nature of such camp and the characteristics of the children in attendance.
(c) Whoever embezzles, willfully misapplies, steals or obtains by
fraud any agricultural commodity or its products (or any funds, assets, or property deriving from donation of such commodities) provided under this section, or under section 416 of the Agricultural
Act of 1949 (7 U.S.C. 1431), section 32 of the Act of August 24, 1935
(7 U.S.C. 612c), section 709 of the Food and Agriculture Act of 1965
(7 U.S.C. 1446a–1), or the Emergency Food Assistance Act of 1983,
whether received directly or indirectly from the United States Department of Agriculture, or whoever receives, conceals, or retains
such commodities, products, funds, assets, or property for personal
use or gain, knowing such commodities, products, funds, assets, or
property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such commodities, products, funds, assets,
or property are of a value of $100 or more, be fined not more than
$10,000 or imprisoned not more than five years, or both, or if such
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93–86, 87 Stat. 249, August 10, 1973.

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commodities, products, funds, assets, or property are of value of less
than $100, shall be fined not more than $1,000 or imprisoned for
not more than one year, or both.
COMMODITY SUPPLEMENTAL FOOD PROGRAM

SEC. 5. ø7 U.S.C. 612c note¿ (a) GRANTS PER ASSIGNED CASESLOT.—
(1) IN GENERAL.—In carrying out the program under section 4 (referred to in this section as the ‘‘commodity supplemental food program’’), for each of fiscal years 2008 through
2012, the Secretary shall provide to each State agency from
funds made available to carry out that section (including any
such funds remaining available from the preceding fiscal year),
a grant per assigned caseload slot for administrative costs incurred by the State agency and local agencies in the State in
operating the commodity supplemental food program.
(2) AMOUNT OF GRANTS.—
(A) FISCAL YEAR 2003.—For fiscal year 2003, the
amount of each grant per assigned caseload slot shall be
equal to the amount of the grant per assigned caseload slot
for administrative costs in 2001, adjusted by the percentage change between—
(i) the value of the State and local government
price index, as published by the Bureau of Economic
Analysis of the Department of Commerce, for the 12month period ending June 30, 2001; and
(ii) the value of that index for the 12-month period
ending June 30, 2002.
(B) SUBSEQUENT FISCAL YEARS.—For each of fiscal
years 2004 through 2012, the amount of each grant per assigned caseload slot shall be equal to the amount of the
grant per assigned caseload slot for the preceding fiscal
year, adjusted by the percentage change between—
(i) the value of the State and local government
price index, as published by the Bureau of Economic
Analysis of the Department of Commerce, for the 12month period ending June 30 of the second preceding
fiscal year; and
(ii) the value of that index for the 12-month period
ending June 30 of the preceding fiscal year.
(b) During the first three months of any commodity supplemental food program, or until such program reaches its projected
caseload level, whichever comes first, the Secretary shall pay those
administrative costs necessary to commence the program successfully: Provided, That in no event shall administrative costs paid by
the Secretary for any fiscal year exceed the limitation established
in subsection (a) of this section.
(c) Administrative costs for the purposes of the commodity supplemental food program shall include, but not be limited to, expenses for information and referral, operation, monitoring, nutrition
education, start-up costs, and general administration, including
staff, warehouse and transportation personnel, insurance, and administration of the State or local office.
(d)(1) During each fiscal year the commodity supplemental food
program is in operation, the types and varieties of commodities and
their proportional amounts shall be determined by the Secretary,

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but, if the Secretary proposes to make any significant changes in
the types, varieties, or proportional amounts from those that were
available or were planned at the beginning of the fiscal year (or as
were available during the fiscal year ending June 30, 1976, whichever is greater) the Secretary shall report such changes before implementation to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(2) Notwithstanding any other provision of law, the Commodity
Credit Corporation shall, to the extent that the Commodity Credit
Corporation inventory levels permit, provide not less than 9,000,000
pounds of cheese and not less than 4,000,000 pounds of nonfat dry
milk in each of fiscal years 2008 through 2012 to the Secretary of
Agriculture. The Secretary shall use such amounts of cheese and
nonfat dry milk to carry out the commodity supplemental food program before the end of each fiscal year.
(e) The Secretary of Agriculture is authorized to issue such regulations as may be necessary to carry out the commodity supplemental food program.
(f) The Secretary shall, in any fiscal year, approve applications
of additional sites for the program, including sites that serve only
elderly persons, in areas in which the program currently does not
operate to the full extent that this can be done within the appropriations available for the program for the fiscal year and without
reducing actual participation levels (including participation of elderly persons under subsection (g)) in areas in which the program is
in effect.
(g) PROHIBITION.—Notwithstanding any other provision of law
(including regulations), the Secretary may not require a State or
local agency to prioritize assistance to a particular group of individuals that are—
(1) low-income persons aged 60 and older; or
(2) women, infants, and children.
(h) Each State agency administering a commodity supplemental
food program serving women, infants, and children shall—
(1) ensure that written information concerning food
stamps, the State program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.), and the child
support enforcement program under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) is provided on at least
one occasion to each adult who applies for or participates in the
commodity supplemental food program;
(2) provide each local agency with materials showing the
maximum income limits, according to family size, applicable to
pregnant women, infants, and children up to age 6 under the
medical assistance program established under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) (hereinafter referred to in this section as the ‘‘medicaid program’’) which materials may be identical to those provided under section 17(e)(3)
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(e)(3)); and
(3) ensure that local agencies provide to pregnant, breast
feeding and post partum women, and adults applying on behalf
of infants or children, who apply to the commodity supplemental food program, or who reapply to such program, written
information about the medicaid program and referral to the
program or to agencies authorized to determine presumptive
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eligibility for the medicaid program, if the individuals are not
participating in the medicaid program.
(i) Each State agency administering a commodity supplemental
food program serving elderly persons shall ensure that written information is provided on at least one occasion to each elderly participant in or applicant for the commodity supplemental food program
for the elderly concerning—
(1) food stamps provided under the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.);
(2) the supplemental security income benefits provided
under title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.); and
(3) medical assistance provided under title XIX of such Act
(42 U.S.C. 1396 et seq.) (including medical assistance provided
to a qualified medicare beneficiary (as defined in section
1905(p) of such Act (42 U.S.C. 1396d(5)))).
(j)(1) If the Secretary must pay a significantly higher than expected price for one or more types of commodities purchased under
the commodity supplemental food program, the Secretary shall
promptly determine whether the price is likely to cause the number
of persons that can be served in the program in a fiscal year to decline.
(2) If the Secretary determines that such a decline would occur,
the Secretary shall promptly notify the State agencies charged with
operating the program of the decline and shall ensure that a State
agency notify all local agencies operating the program in the State
of the decline.
(k)(1) The Secretary or a designee of the Secretary shall have
the authority to—
(A) determine the amount of, settle, and adjust any claim
arising under the commodity supplemental food program; and
(B) waive such a claim if the Secretary determines that to
do so will serve the purposes of the program.
(2) Nothing contained in this subsection shall be construed to
diminish the authority of the Attorney General of the United States
under section 516 of title 28, United States Code, to conduct litigation on behalf of the United States.
(l) USE OF APPROVED FOOD SAFETY TECHNOLOGY.—
(1) IN GENERAL.—In acquiring commodities for distribution
through a program specified in paragraph (2), the Secretary
shall not prohibit the use of any technology to improve food
safety that—
(A) has been approved by the Secretary; or
(B) has been approved or is otherwise allowed by the
Secretary of Health and Human Services.
(2) PROGRAMS.—A program referred to in paragraph (1) is
a program authorized under—
(A) this Act;
(B) the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
(C) the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501 et seq.);
(D) the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.); or
(E) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
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SHORT TITLE
SEC. 6. ø7 U.S.C. 612c note¿ This Act may be cited as the ‘‘Agriculture and Consumer Protection Act of 1973’’.

October 1, 2008