AppendixD-4(a)Agriculture and Consumer Protection Act of 1973

G:\COMP\FNS\AGRICULTURE AND CONSUMER PROTECTION ACT OF 19....XML

AGRICULTURE AND CONSUMER PROTECTION ACT OF
1973
[As Amended Through P.L. 115–334, Enacted December 20, 2018]
øCurrency: This publication is a compilation of the text of Public Law 93–86. It was
last amended by the public law listed in the As Amended Through note above and
below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
TABLE OF CONTENTS 1
Sec. 4. Commodity distribution program.
Sec. 5. Commodity supplemental food program.
COMMODITY DISTRIBUTION PROGRAM

4. 2

SEC.
ø7 U.S.C. 612c note¿ (a) Notwithstanding any other
provision of law, the Secretary may, during fiscal years 2008
through 2023, 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 and Nutrition Act of 2008 (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)
1 This
2 P.L.

table of contents is not part of the Act but is included for user convenience.
93–86, 87 Stat. 249, August 10, 1973.

1
January 10, 2019

VerDate Nov 24 2008

09:24 Jan 10, 2019

As Amended Through P.L. 115-334, Enacted December 20, 2018

Jkt 000000

PO 00000

Frm 00001

Fmt 9001

Sfmt 9001

G:\COMP\FNS\AACPAO1.BEL

HOLCPC

G:\COMP\FNS\AGRICULTURE AND CONSUMER PROTECTION ACT OF 19....XML
Sec. 5

AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973

2

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 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
2023, 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 2023, 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
LOAD

January 10, 2019

VerDate Nov 24 2008

09:24 Jan 10, 2019

As Amended Through P.L. 115-334, Enacted December 20, 2018

Jkt 000000

PO 00000

Frm 00002

Fmt 9001

Sfmt 9001

G:\COMP\FNS\AACPAO1.BEL

HOLCPC

G:\COMP\FNS\AGRICULTURE AND CONSUMER PROTECTION ACT OF 19....XML
3

AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973

Sec. 5

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,
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 2023 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) ELIGIBILITY.—
(1) IN GENERAL.—Except as provided in subsection (m), the
States shall only provide assistance under the commodity supplemental food program to low-income persons aged 60 and
older.
(2) CERTIFICATION.—
(A) DEFINITION OF CERTIFICATION PERIOD.—In this
paragraph, the term ‘‘certification period’’ means the period during which a participant in the commodity supplemental food program in a State may continue to receive
benefits under the commodity supplemental food program
without a formal review of the eligibility of the participant.
January 10, 2019

VerDate Nov 24 2008

09:24 Jan 10, 2019

As Amended Through P.L. 115-334, Enacted December 20, 2018

Jkt 000000

PO 00000

Frm 00003

Fmt 9001

Sfmt 9001

G:\COMP\FNS\AACPAO1.BEL

HOLCPC

G:\COMP\FNS\AGRICULTURE AND CONSUMER PROTECTION ACT OF 19....XML
Sec. 5

AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973

4

(B) MINIMUM CERTIFICATION PERIOD.—Subject to subparagraphs (C) and (D), a State shall establish for the
commodity supplemental food program of the State a certification period of—
(i) not less than 1 year; but
(ii) not more than 3 years.
(C) TEMPORARY CERTIFICATION.—An eligible applicant
for the commodity supplemental food program in a State
may be provided with a temporary monthly certification to
fill any caseload slot resulting from nonparticipation by
certified participants.
(D) APPROVALS.—A certification period of more than 1
year established by a State under subparagraph (B) shall
be subject to the approval of the Secretary, who shall approve such a certification period on the condition that,
with respect to each participant receiving benefits under
the commodity supplemental food program of the State,
the local agency in the State administering the commodity
supplemental food program, on an annual basis during the
certification period applicable to the participant—
(i) verifies the address and continued interest of
the participant; and
(ii) has sufficient reason to determine that the
participant still meets the income eligibility standards
under paragraph (1), which may include a determination that the participant has a fixed income.
(h) Each State agency administering a commodity supplemental food program serving women, infants, and children shall—
(1) ensure that written information concerning the supplemental nutrition assistance program, 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
eligibility for the medicaid program, if the individuals are not
participating in the medicaid program.
January 10, 2019

VerDate Nov 24 2008

09:24 Jan 10, 2019

As Amended Through P.L. 115-334, Enacted December 20, 2018

Jkt 000000

PO 00000

Frm 00004

Fmt 9001

Sfmt 9001

G:\COMP\FNS\AACPAO1.BEL

HOLCPC

G:\COMP\FNS\AGRICULTURE AND CONSUMER PROTECTION ACT OF 19....XML
5

AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973

Sec. 5

(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) supplemental nutrition assistance benefits provided
under the Food and Nutrition Act of 2008 (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 and Nutrition Act of 2008 (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
January 10, 2019

VerDate Nov 24 2008

09:24 Jan 10, 2019

As Amended Through P.L. 115-334, Enacted December 20, 2018

Jkt 000000

PO 00000

Frm 00005

Fmt 9001

Sfmt 9001

G:\COMP\FNS\AACPAO1.BEL

HOLCPC

G:\COMP\FNS\AGRICULTURE AND CONSUMER PROTECTION ACT OF 19....XML
Sec. 6

AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973

6

(E) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
(m) PHASE-OUT.—Notwithstanding any other provision of law,
an individual who receives assistance under the commodity supplemental food program on the day before the date of enactment of
this subsection shall continue to receive that assistance until the
date on which the individual is no longer eligible for assistance
under the eligibility requirements for the program in effect on the
day before the date of enactment of this subsection.
SHORT TITLE

SEC. 6. ø7 U.S.C. 612c note¿ This Act may be cited as the ‘‘Agriculture and Consumer Protection Act of 1973’’.

January 10, 2019

VerDate Nov 24 2008

09:24 Jan 10, 2019

As Amended Through P.L. 115-334, Enacted December 20, 2018

Jkt 000000

PO 00000

Frm 00006

Fmt 9001

Sfmt 9001

G:\COMP\FNS\AACPAO1.BEL

HOLCPC