---
kind: "section"
citation: "7 U.S.C. § 7507"
title: "7"
title_heading: "Agriculture"
number: "7507"
heading: "State and local supplementation of commodities"
release: "119-102"
url: "https://uscodex.org/usc/7/7507"
units:
  - "Chapter 102 — Emergency Food Assistance"
---

# §7507. State and local supplementation of commodities

- (a) **Authorization—** The Secretary shall establish procedures under which [State](/usc/7/1359aa.md?p=5) and local agencies, charitable institutions, or any other [persons](/usc/7/1471g.md?p=b-1) may supplement the [commodities](/usc/7/1a.md?p=9) distributed under the program authorized by this chapter for use by [emergency feeding organizations](/usc/7/7501.md?p=4) with nutritious and wholesome [commodities](/usc/7/1a.md?p=9) that such entities or [persons](/usc/7/1471g.md?p=b-1) donate to [State agencies](/usc/7/2012.md?p=s) and [emergency feeding organizations](/usc/7/7501.md?p=4) for distribution, in all or part of the [State](/usc/7/1359aa.md?p=5), in addition to the [commodities](/usc/7/1a.md?p=9) otherwise made available under this chapter.
- (b) **Use of funds and facilities—** [States](/usc/7/1359aa.md?p=5) and [emergency feeding organizations](/usc/7/7501.md?p=4) may use the [funds](/usc/7/4531.md?p=5) appropriated under this chapter and equipment, structures, vehicles, and all other facilities involved in the storage, handling, or distribution of [commodities](/usc/7/1a.md?p=9) made available under this chapter, and the personnel, both paid or volunteer, involved in such storage, handling, or distribution, to store, handle or distribute [commodities](/usc/7/1a.md?p=9) donated for the use of [emergency feeding organizations](/usc/7/7501.md?p=4) under [subsection (a)](#a).
- (c) **Volunteer workers—** [State](/usc/7/1359aa.md?p=5) and [emergency feeding organizations](/usc/7/7501.md?p=4) shall continue, to the maximum extent practicable, to use volunteer workers and [commodities](/usc/7/1a.md?p=9) and other foodstuffs donated by charitable and other organizations in the operation of the program authorized by this section.
- (d) **Projects to harvest, process, package, or transport donated commodities—**
  - (1) **Definition of project—** In this subsection, the term “project” means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged [commodities](/usc/7/1a.md?p=9) donated by agricultural [producers](/usc/7/6802.md?p=4-A-iii-III-bb), [processors](/usc/7/609.md?p=d-7-D), or distributors for use by [emergency feeding organizations](/usc/7/7501.md?p=4) under [subsection (a)](#a).
  - (2) **Federal funding for projects—**
    - (A) **In general—** Subject to subparagraphs [(B)](#d-2-B) and [(C)](#d-2-C) and [paragraph (3)](#d-3), using [funds](/usc/7/4531.md?p=5) made available under [paragraph (5)](#d-5), the Secretary may provide funding to [States](/usc/7/1359aa.md?p=5) to pay for the costs of carrying out a [project](#d-1).
    - (B) **Federal share—** The Federal share of the cost of a [project](#d-1) under [subparagraph (A)](#d-2-A) shall not exceed 50 percent of the total cost of the [project](#d-1).
    - (C) **Allocation—**
      - (i) **In general—** Each fiscal year, the Secretary shall allocate the [funds](/usc/7/4531.md?p=5) made available under [subparagraph (A)](#d-2-A), based on a formula determined by the Secretary, to [States](/usc/7/1359aa.md?p=5) that have submitted a [State](/usc/7/1359aa.md?p=5) plan describing a plan of operation for a [project](#d-1) under [section 7503(b)(5) of this title](/usc/7/7503.md?p=b-5).
      - (ii) **Reallocation—** If the Secretary determines that a [State](/usc/7/1359aa.md?p=5) will not expend all of the [funds](/usc/7/4531.md?p=5) allocated to the [State](/usc/7/1359aa.md?p=5) for a fiscal year under [clause (i)](#d-2-C-i), the Secretary shall reallocate the unexpended [funds](/usc/7/4531.md?p=5) to other [States](/usc/7/1359aa.md?p=5) that have submitted under [section 7503(b)(5) of this title](/usc/7/7503.md?p=b-5) a [State](/usc/7/1359aa.md?p=5) plan describing a plan of operation for a [project](#d-1) during that fiscal year or the subsequent fiscal year, as the Secretary determines appropriate.
      - (iii) **Reports—** Each [State](/usc/7/1359aa.md?p=5) to which [funds](/usc/7/4531.md?p=5) are allocated for a fiscal year under this subparagraph shall, on a regular basis, submit to the Secretary financial reports describing the use of the [funds](/usc/7/4531.md?p=5).
  - (3) **Project purposes—** A [State](/usc/7/1359aa.md?p=5) may only use Federal [funds](/usc/7/4531.md?p=5) received under [paragraph (2)](#d-2) for a [project](#d-1) the purposes of which are—
    - (A) to reduce food waste at the agricultural production, processing, or distribution level through the donation of food;
    - (B) to provide food to individuals in need; and
    - (C) to build relationships between agricultural [producers](/usc/7/6802.md?p=4-A-iii-III-bb), [processors](/usc/7/609.md?p=d-7-D), and distributors and [emergency feeding organizations](/usc/7/7501.md?p=4) through the donation of food.
  - (4) **Cooperative agreements—** The Secretary may encourage a [State agency](/usc/7/2012.md?p=s) that carries out a [project](#d-1) using Federal [funds](/usc/7/4531.md?p=5) received under [paragraph (2)](#d-2) to enter into cooperative agreements with [State agencies](/usc/7/2012.md?p=s) of other [States](/usc/7/1359aa.md?p=5) under [section 7505(d) of this title](/usc/7/7505.md?p=d) to maximize the use of [commodities](/usc/7/1a.md?p=9) donated under the [project](#d-1).
  - (5) **Funding—** Out of [funds](/usc/7/4531.md?p=5) not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $4,000,000 for each of fiscal years 2019 through 2031, to remain available until the end of the subsequent fiscal year.
- (e) **Food waste—** The Secretary shall issue guidance outlining best practices to minimize the food waste of the [commodities](/usc/7/1a.md?p=9) donated under [subsection (a)](#a).
- (f) **Food donation standards—**
  - (1) **Definitions—** In this subsection:
    - (A) **Apparently wholesome food—** The term “apparently wholesome food” has the meaning given the term in [section 1791(b) of title 42](/usc/42/1791.md?p=b).
    - (B) **Institution of higher education—** The term “institution of higher education” has the meaning given the term in [section 1002 of title 20](/usc/20/1002.md).
    - (C) **Qualified direct donor—** The term “qualified direct donor” means a retail food store, wholesaler, agricultural [producer](/usc/7/6802.md?p=4-A-iii-III-bb), restaurant, caterer, school food [authority](/usc/7/2009aa.md?p=1), or [institution of higher education](#f-1-B).
  - (2) **Guidance—**
    - (A) **In general—** Not later than 180 days after December 20, 2018, the Secretary shall issue guidance to promote awareness of donations of [apparently wholesome food](#f-1-A) protected under [section 1791(c) of title 42](/usc/42/1791.md?p=c) by [qualified direct donors](#f-1-C) in compliance with applicable [State](/usc/7/1359aa.md?p=5) and local health, food safety, and food handling laws (including regulations).
    - (B) **Issuance—** The Secretary shall encourage [State agencies](/usc/7/2012.md?p=s) and [emergency feeding organizations](/usc/7/7501.md?p=4) to share the guidance issued under [subparagraph (A)](#f-2-A) with [qualified direct donors](#f-1-C).

## Source credit

(Pub. L. 98–8, title II, § 203D, as added Pub. L. 100–435, title I, § 102, Sept. 19, 1988, 102 Stat. 1647; amended Pub. L. 115–334, title IV, §§ 4018(b), (c), 4104, Dec. 20, 2018, 132 Stat. 4648, 4649, 4655; Pub. L. 118–22, div. B, title I, § 102(d)(3), Nov. 17, 2023, 137 Stat. 116; Pub. L. 119–21, title I, § 10603, July 4, 2025, 139 Stat. 108.)

## Notes

### Editorial Notes

### Amendments

2025—Subsec. (d)(5). Pub. L. 119–21 substituted “2031” for “2024”.

2023—Subsec. (d)(5). Pub. L. 118–22 substituted “2024” for “2023”.

2018—Subsecs. (d), (e). Pub. L. 115–334, § 4018(b), (c), added subsecs. (d) and (e).

Subsec. (f). Pub. L. 115–334, § 4104, added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2023 Amendment

Amendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

### Effective Date

Section to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title.