---
kind: "section"
citation: "7 U.S.C. § 7285"
title: "7"
title_heading: "Agriculture"
number: "7285"
heading: "Commodity Credit Corporation sales price restrictions"
release: "119-102"
url: "https://uscodex.org/usc/7/7285"
units:
  - "Chapter 100 — Agricultural Market Transition"
  - "Subchapter V — Administration"
---

# §7285. Commodity Credit Corporation sales price restrictions

- (a) **General sales authority—** The [Commodity](/usc/7/1a.md?p=9) Credit [Corporation](/usc/7/1502.md?p=b-5) may sell any [commodity](/usc/7/1a.md?p=9) owned or controlled by the [Corporation](/usc/7/1502.md?p=b-5) at any price that the [Secretary](/usc/7/7202.md?p=13) determines will maximize returns to the [Corporation](/usc/7/1502.md?p=b-5).
- (b) **Nonapplication of sales price restrictions—** [Subsection (a)](#a) shall not apply to—
  - (1) a sale for a new or byproduct use;
  - (2) a sale of peanuts or [oilseeds](/usc/7/7202.md?p=11) 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](/usc/7/1a.md?p=9) 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](/usc/7/518.md?p=4) or against a [person](/usc/7/1471g.md?p=b-1) who has committed fraud, misrepresentation, or other wrongful act with respect to the [commodity](/usc/7/1a.md?p=9);
  - (6) a sale for export, as determined by the [Corporation](/usc/7/1502.md?p=b-5); and
  - (7) a sale for other than a primary use.
- (c) **Presidential disaster areas—**
  - (1) **In general—** Notwithstanding [subsection (a)](#a), on such terms and conditions as the [Secretary](/usc/7/7202.md?p=13) may consider in the public interest, the [Corporation](/usc/7/1502.md?p=b-5) may make available any [commodity](/usc/7/1a.md?p=9) or product owned or controlled by the [Corporation](/usc/7/1502.md?p=b-5) for use in relieving distress—
    - (A) in any [area](/usc/7/1471.md?p=5) in the [United States](/usc/7/7202.md?p=15) (including the Virgin Islands) declared by the President to be an acute distress [area](/usc/7/1471.md?p=5) 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](/usc/7/5602.md?p=1); 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](/usc/42/5121.md) et seq.).
  - (2) **Costs—** Except on a reimbursable basis, the [Corporation](/usc/7/1502.md?p=b-5) shall not bear any costs in connection with making a [commodity](/usc/7/1a.md?p=9) available under [paragraph (1)](#c-1) beyond the cost of the [commodity](/usc/7/1a.md?p=9) to the [Corporation](/usc/7/1502.md?p=b-5) incurred in—
    - (A) the storage of the [commodity](/usc/7/1a.md?p=9); and
    - (B) the handling and transportation costs in making delivery of the [commodity](/usc/7/1a.md?p=9) to designated agencies at 1 or more central locations in each [State](/usc/7/7202.md?p=14) or other [area](/usc/7/1471.md?p=5).
- (d) **Efficient operations—** [Subsection (a)](#a) shall not apply to the sale of a [commodity](/usc/7/1a.md?p=9) the disposition of which is desirable in the interest of the effective and efficient conduct of the operations of the [Corporation](/usc/7/1502.md?p=b-5) because of the small quantity of the [commodity](/usc/7/1a.md?p=9) involved, or because of the age, location, or questionable continued storability of the [commodity](/usc/7/1a.md?p=9).

## Source credit

(Pub. L. 104–127, title I, § 165, Apr. 4, 1996, 110 Stat. 936.)

## Notes

### Editorial Notes

### 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, which is classified principally to chapter 68 (§ 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.