--- kind: "section" citation: "7 U.S.C. § 7505" title: "7" title_heading: "Agriculture" number: "7505" heading: "Federal and State responsibilities" release: "119-102" url: "https://uscodex.org/usc/7/7505" units: - "Chapter 102 — Emergency Food Assistance" --- # §7505. Federal and State responsibilities - (a) **Federal responsibility; optional State priority—** The Secretary shall, as expeditiously as possible, provide the [commodities](/usc/7/1a.md?p=9) made available under this chapter in such quantities as can be used without waste to [State agencies](/usc/7/2012.md?p=s) designated by the Governor or other appropriate [State](/usc/7/1359aa.md?p=5) official for distribution to [eligible recipient agencies](/usc/7/7501.md?p=3), except that the Secretary may provide such [commodities](/usc/7/1a.md?p=9) directly to [eligible recipient agencies](/usc/7/7501.md?p=3) and to private companies that process such [commodities](/usc/7/1a.md?p=9) for [eligible recipient agencies](/usc/7/7501.md?p=3) under sections[^1] 7504 of this title. Notwithstanding any other provision of this chapter, in the distribution of [commodities](/usc/7/1a.md?p=9) under this chapter, each [State agency](/usc/7/2012.md?p=s) shall have the option to give priority to existing [food bank](/usc/7/7501.md?p=5) networks and other organizations whose ongoing primary function is to facilitate the distribution of food to low-income households, including food from sources other than the Department of Agriculture. - (b) **Distribution by State agencies; priority; rural areas—** [State agencies](/usc/7/2012.md?p=s) receiving [commodities](/usc/7/1a.md?p=9) under this chapter shall, as expeditiously as possible, distribute such [commodities](/usc/7/1a.md?p=9), in the quantities requested (to the extent practicable), to [eligible recipient agencies](/usc/7/7501.md?p=3) within their respective [States](/usc/7/1359aa.md?p=5). However, if a [State agency](/usc/7/2012.md?p=s) cannot meet all requests for a particular [commodity](/usc/7/1a.md?p=9) under this chapter, the [State agency](/usc/7/2012.md?p=s) shall give priority in the distribution of such [commodity](/usc/7/1a.md?p=9) to [eligible recipient agencies](/usc/7/7501.md?p=3) providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy [persons](/usc/7/1471g.md?p=b-1), including low-income and unemployed [persons](/usc/7/1471g.md?p=b-1). Each [State agency](/usc/7/2012.md?p=s) shall encourage distribution of such [commodities](/usc/7/1a.md?p=9) in [rural areas](/usc/7/950bb–3.md?p=a-4). - (c) **Distribution to needy persons—** Each [State agency](/usc/7/2012.md?p=s) receiving [commodities](/usc/7/1a.md?p=9) for individual household use under this chapter shall distribute such [commodities](/usc/7/1a.md?p=9) to [eligible recipient agencies](/usc/7/7501.md?p=3) in the [State](/usc/7/1359aa.md?p=5) that serve needy [persons](/usc/7/1471g.md?p=b-1), and shall, with the approval of the Secretary, determine those [persons](/usc/7/1471g.md?p=b-1) in the [State](/usc/7/1359aa.md?p=5) that shall qualify as needy [persons](/usc/7/1471g.md?p=b-1) eligible for such [commodities](/usc/7/1a.md?p=9). - (d) **Cooperative agreements with adjoining States—** Each [State agency](/usc/7/2012.md?p=s) receiving [commodities](/usc/7/1a.md?p=9) under this chapter may— - (1) enter into cooperative agreements with [State agencies](/usc/7/2012.md?p=s) of other [States](/usc/7/1359aa.md?p=5) for joint provision of such [commodities](/usc/7/1a.md?p=9) to an [emergency feeding organization](/usc/7/7501.md?p=4) that serves needy [persons](/usc/7/1471g.md?p=b-1) in a single geographical [area](/usc/7/1471.md?p=5) part of which is situated in each of such [States](/usc/7/1359aa.md?p=5); or - (2) transfer such [commodities](/usc/7/1a.md?p=9) to any such [emergency feeding organization](/usc/7/7501.md?p=4) in the other [State](/usc/7/1359aa.md?p=5) under such agreement. ## Footnotes [^1]: So in original. Probably should be “section”. ## Source credit (Pub. L. 98–8, title II, § 203B, as added Pub. L. 98–92, § 2(5), Sept. 2, 1983, 97 Stat. 610; amended Pub. L. 99–198, title XV, § 1568, Dec. 23, 1985, 99 Stat. 1592; Pub. L. 100–435, title I, § 105(c), Sept. 19, 1988, 102 Stat. 1651; Pub. L. 104–193, title VIII, § 871(e)(1), Aug. 22, 1996, 110 Stat. 2345.) ## Notes ### Editorial Notes ### Amendments 1996—Subsec. (a). Pub. L. 104–193 substituted “203A”, which was translated as “section 7504 of this title”, for “203 and 203A of this Act”. 1988—Subsec. (a). Pub. L. 100–435 inserted at end “Notwithstanding any other provision of this chapter, in the distribution of commodities under this chapter, each State agency shall have the option to give priority to existing food bank networks and other organizations whose ongoing primary function is to facilitate the distribution of food to low-income households, including food from sources other than the Department of Agriculture.” 1985—Subsec. (b). Pub. L. 99–198, § 1568(a), inserted at end “Each State agency shall encourage distribution of such commodities in rural areas.” Subsec. (d). Pub. L. 99–198, § 1568(b), added subsec. (d). ### Statutory Notes and Related Subsidiaries ### Effective Date of 1988 Amendment Amendment by Pub. L. 100–435 to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as a note under section 2012 of this title. ### Effective Date Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that this section is effective Oct. 1, 1983.