7 USC 9071a - Dairy donation program

U.S Code last checked for updates: May 15, 2024

§ 9071a.

Dairy donation program

(a)

Definitions

In this section:

(1)

Eligible dairy organization

(2)

Eligible dairy product

(3)

Eligible distributor

(4)

Eligible partnership

(b)

Establishment and purposes

Not later than 60 days after December 27, 2020, the Secretary shall establish and administer a dairy donation program for the purposes of—

(1)

facilitating the timely donation of eligible dairy products; and

(2)

preventing and minimizing food waste.

(c)

Donation and distribution plans

(1)

In general

(2)

Review and approval

(A)

In general

Not later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall—

(i)

review that plan; and

(ii)

issue an approval or disapproval of that plan.

(B)

Emergency and disaster-related prioritization

(i)

In general

In receiving and reviewing a donation and distribution plan submitted under paragraph (1), the Secretary shall determine whether an emergency or disaster was a substantial factor in the submission, including—

(I)

a declared or renewed public health emergency under section 247d of title 42; and

(II)

a disaster designated by the Secretary.

(ii)

Priority review

(d)

Reimbursement

(1)

In general

On receipt of appropriate documentation under paragraph (3), the Secretary shall reimburse an eligible dairy organization that is a member of an eligible partnership for which the Secretary has approved a donation and distribution plan under subsection (c)(2)(A)(ii) at a rate equal to the product obtained by multiplying—

(A)

the current reimbursement price described in paragraph (2); and

(B)

the volume of milk required to make the donated eligible dairy product.

(2)

Reimbursement price

The Secretary—

(A)

shall set the reimbursement price referred to in paragraph (1)(A) at a value that shall—

(i)

be representative of the cost of the milk required to make the donated eligible dairy product;

(ii)

be between the lowest and highest of the class I, II, III, or IV milk prices on the date of the production of the eligible dairy product;

(iii)

be sufficient to avoid food waste; and

(iv)

not interfere with the commercial marketing of milk or dairy products;

(B)

may set appropriate reimbursement prices under subparagraph (A) for different eligible dairy products by class and region for the purpose of—

(i)

encouraging the donation of surplus eligible dairy products;

(ii)

facilitating the orderly marketing of milk;

(iii)

reducing volatility relating to significant market disruptions;

(iv)

maintaining traditional price relationships between classes of milk; or

(v)

stabilizing on-farm milk prices.

(3)

Documentation

(A)

In general

An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate—

(i)

the production of the eligible dairy product; and

(ii)

the donation of the eligible dairy product to an eligible distributor.

(B)

Verification

(4)

Retroactive reimbursement

(5)

Emergency and disaster-related prioritization

(e)

Prohibition on resale of products

(1)

In general

(2)

Prohibition on future participation

(f)

Reviews

(g)

Publication of donation activity

(h)

Supplemental reimbursements

(1)

In general

(2)

Reimbursement calculation

A supplemental reimbursement described in paragraph (1) shall be an amount equal to—

(A)

the reimbursement calculated under subsection (d); minus

(B)

the reimbursement under the milk donation program described in paragraph (1).

(i)

Funding

(Pub. L. 116–260, div. N, title VII, § 762, Dec. 27, 2020, 134 Stat. 2111.)

cite as: 7 USC 9071a