---
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"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7507"
units:
  - "Chapter 102 — Emergency Food Assistance"
---

# §7507. State and local supplementation of commodities

- (a) **Authorization—** The [Secretary](/usc/7/499a.md?p=b-2) shall establish procedures under which [State](/usc/7/198.md?p=5) and local agencies, charitable institutions, or any other [persons](/usc/7/499a.md?p=b-1) may supplement the commodities 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 that such entities or [persons](/usc/7/499a.md?p=b-1) donate to [State](/usc/7/198.md?p=5) agencies and [emergency feeding organizations](/usc/7/7501.md?p=4) for distribution, in all or part of the [State](/usc/7/198.md?p=5), in addition to the commodities otherwise made available under this chapter.
- (b) **Use of funds and facilities—** [States](/usc/7/198.md?p=5) and [emergency feeding organizations](/usc/7/7501.md?p=4) may use the funds appropriated under this chapter and equipment, structures, vehicles, and all other facilities involved in the storage, handling, or distribution of commodities 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 donated for the use of [emergency feeding organizations](/usc/7/7501.md?p=4) under [subsection (a)](#a).
- (c) **Volunteer workers—** [State](/usc/7/198.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 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 donated by agricultural producers, processors, 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 made available under [paragraph (5)](#d-5), the [Secretary](/usc/7/499a.md?p=b-2) may provide funding to [States](/usc/7/198.md?p=5) to pay for the costs of carrying out a project.
    - (B) **Federal share—** The Federal share of the cost of a project under [subparagraph (A)](#d-2-A) shall not exceed 50 percent of the total cost of the project.
    - (C) **Allocation—**
      - (i) **In general—** Each fiscal year, the [Secretary](/usc/7/499a.md?p=b-2) shall allocate the funds made available under [subparagraph (A)](#d-2-A), based on a formula determined by the [Secretary](/usc/7/499a.md?p=b-2), to [States](/usc/7/198.md?p=5) that have submitted a [State](/usc/7/198.md?p=5) plan describing a plan of operation for a project under [section 7503(b)(5) of this title](/usc/7/7503.md?p=b-5).
      - (ii) **Reallocation—** If the [Secretary](/usc/7/499a.md?p=b-2) determines that a [State](/usc/7/198.md?p=5) will not expend all of the funds allocated to the [State](/usc/7/198.md?p=5) for a fiscal year under [clause (i)](#d-2-C-i), the [Secretary](/usc/7/499a.md?p=b-2) shall reallocate the unexpended funds to other [States](/usc/7/198.md?p=5) that have submitted under [section 7503(b)(5) of this title](/usc/7/7503.md?p=b-5) a [State](/usc/7/198.md?p=5) plan describing a plan of operation for a project during that fiscal year or the subsequent fiscal year, as the [Secretary](/usc/7/499a.md?p=b-2) determines appropriate.
      - (iii) **Reports—** Each [State](/usc/7/198.md?p=5) to which funds are allocated for a fiscal year under this subparagraph shall, on a regular basis, submit to the [Secretary](/usc/7/499a.md?p=b-2) financial reports describing the use of the funds.
  - (3) **Project purposes—** A [State](/usc/7/198.md?p=5) may only use Federal funds received under [paragraph (2)](#d-2) for a project 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, processors, and distributors and [emergency feeding organizations](/usc/7/7501.md?p=4) through the donation of food.
  - (4) **Cooperative agreements—** The [Secretary](/usc/7/499a.md?p=b-2) may encourage a [State](/usc/7/198.md?p=5) agency that carries out a project using Federal funds received under [paragraph (2)](#d-2) to enter into cooperative agreements with [State](/usc/7/198.md?p=5) agencies of other [States](/usc/7/198.md?p=5) under [section 7505(d) of this title](/usc/7/7505.md?p=d) to maximize the use of commodities donated under the project.
  - (5) **Funding—** Out of funds not otherwise appropriated, the [Secretary](/usc/7/499a.md?p=b-2) of the Treasury shall transfer to the [Secretary](/usc/7/499a.md?p=b-2) 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](/usc/7/499a.md?p=b-2) shall issue guidance outlining best practices to minimize the food waste of the commodities 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, restaurant, caterer, school food authority, or institution of higher education.
  - (2) **Guidance—**
    - (A) **In general—** Not later than 180 days after December 20, 2018, the [Secretary](/usc/7/499a.md?p=b-2) shall issue guidance to promote awareness of donations of apparently wholesome food protected under [section 1791(c) of title 42](/usc/42/1791.md?p=c) by qualified direct donors in compliance with applicable [State](/usc/7/198.md?p=5) and local health, food safety, and food handling laws (including regulations).
    - (B) **Issuance—** The [Secretary](/usc/7/499a.md?p=b-2) shall encourage [State](/usc/7/198.md?p=5) agencies 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.

## 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.