State plan

1. Law
2. USC 7
3. Agriculture
4. EMERGENCY FOOD ASSISTANCE
5. State plan

§7503. State plan

(a) Plans

(1) In general

To receive commodities under this chapter, a State shall submit to the Secretary an operation and administration plan for the provision of benefits under this chapter.

(2) Updates

A State shall submit to the Secretary for approval any amendment to a plan submitted under paragraph (1) in any case in which the State proposes to make a change to the operation or administration of a program described in the plan.

(b) Requirements

Each plan shall-

(1) designate the State agency responsible for distributing the commodities received under this chapter;

(2) set forth a plan of operation and administration to expeditiously distribute commodities under this chapter;

(3) set forth the standards of eligibility for recipient agencies;

(4) set forth the standards of eligibility for individual or household recipients of commodities, which shall require-

(A) individuals or households to be comprised of needy persons; and

(B) individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance;

(5) at the option of the State agency, describe a plan of operation for 1 or more projects in partnership with 1 or more emergency feeding organizations located in the State to harvest, process, package, or transport donated commodities received under section 7507(d) of this title; and

(6) describe a plan, which may include the use of a State advisory board established under subsection (c), that provides emergency feeding organizations or eligible recipient agencies within the State an opportunity to provide input on the commodity preferences and needs of the emergency feeding organization or eligible recipient agency.

(c) State advisory board

The Secretary shall encourage each State receiving commodities under this chapter to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of commodities received under this chapter.

(Pub. L. 98–8, title II, §202A, as added Pub. L. 100–77, title VIII, §812, July 22, 1987, 101 Stat. 537 ; amended Pub. L. 104–193, title VIII, §871(b), Aug. 22, 1996, 110 Stat. 2344 ; Pub. L. 110–234, title IV, §4201(b), May 22, 2008, 122 Stat. 1121 ; Pub. L. 110–246, §4(a), title IV, §4201(b), June 18, 2008, 122 Stat. 1664 , 1882; Pub. L. 115–334, title IV, §4018(a), Dec. 20, 2018, 132 Stat. 4648 .)

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2018-Subsec. (b)(5), (6). Pub. L. 115–334 added pars. (5) and (6).

2008-Subsec. (a). Pub. L. 110–246, §4201(b), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "To receive commodities under this chapter, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary."

1996-Pub. L. 104–193 amended section generally, substituting present provisions for provisions relating to availability of flour, cornmeal, and cheese acquired by the Commodity Credit Corporation.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by section 4201(b) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

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