---
kind: "section"
citation: "7 U.S.C. § 7515"
title: "7"
title_heading: "Agriculture"
number: "7515"
heading: "Allotment and delivery of commodities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7515"
units:
  - "Chapter 102 — Emergency Food Assistance"
---

# §7515. Allotment and delivery of commodities

- (a) **Mandatory allotments—** In each fiscal year, the [Secretary](/usc/7/499a.md?p=b-2) shall allot—
  - (1) 60 percent of the [total value of additional commodities](/usc/7/7501.md?p=9) provided to [States](/usc/7/198.md?p=5) in a manner such that the [value of additional commodities allocated to each State](/usc/7/7501.md?p=10) bears the same ratio to 60 percent of the [total value of additional commodities](/usc/7/7501.md?p=9) as the number of [persons](/usc/7/499a.md?p=b-1) in households within the [State](/usc/7/198.md?p=5) having incomes below the [poverty line](/usc/7/7501.md?p=7) bears to the total number of [persons](/usc/7/499a.md?p=b-1) in households within all [States](/usc/7/198.md?p=5) having incomes below such [poverty line](/usc/7/7501.md?p=7), and each [State](/usc/7/198.md?p=5) shall be entitled to receive such value of [additional commodities](/usc/7/7501.md?p=1); and
  - (2) 40 percent of the [total value of additional commodities](/usc/7/7501.md?p=9) provided to [States](/usc/7/198.md?p=5) in a manner such that the [value of additional commodities allocated to each State](/usc/7/7501.md?p=10) bears the same ratio to 40 percent of the [total value of additional commodities](/usc/7/7501.md?p=9) as the [average monthly number of unemployed persons](/usc/7/7501.md?p=2) within the [State](/usc/7/198.md?p=5) bears to the [average monthly number of unemployed persons](/usc/7/7501.md?p=2) within all [States](/usc/7/198.md?p=5) during the same fiscal year, and each [State](/usc/7/198.md?p=5) shall be entitled to receive such value of [additional commodities](/usc/7/7501.md?p=1).
- (b) **Reallocation—** The [Secretary](/usc/7/499a.md?p=b-2) shall notify each [State](/usc/7/198.md?p=5) of the amount of the [additional commodities](/usc/7/7501.md?p=1) that such [State](/usc/7/198.md?p=5) is allotted to receive under [subsection (a)](#a), and each [State](/usc/7/198.md?p=5) shall promptly notify the [Secretary](/usc/7/499a.md?p=b-2) if such [State](/usc/7/198.md?p=5) determines that it will not accept any or all of the commodities made available under such allocation. On such a notification by a [State](/usc/7/198.md?p=5), the [Secretary](/usc/7/499a.md?p=b-2) shall reallocate and distribute the amount the [State](/usc/7/198.md?p=5) was allocated to receive under the formula prescribed in [subsection (a)](#a) but declined to accept. The [Secretary](/usc/7/499a.md?p=b-2) shall further establish procedures to permit [States](/usc/7/198.md?p=5) to decline to receive portions of such allocation during each fiscal year as the [State](/usc/7/198.md?p=5) determines is appropriate and the [Secretary](/usc/7/499a.md?p=b-2) shall reallocate and distribute such allocation. In the event of any drought, flood, hurricane, or other natural disaster affecting substantial numbers of [persons](/usc/7/499a.md?p=b-1) in a [State](/usc/7/198.md?p=5), county or parish, the [Secretary](/usc/7/499a.md?p=b-2) may request that [States](/usc/7/198.md?p=5) unaffected by such a disaster consider assisting affected [States](/usc/7/198.md?p=5) by allowing the [Secretary](/usc/7/499a.md?p=b-2) to reallocate commodities to which each such unaffected [State](/usc/7/198.md?p=5) is entitled to [States](/usc/7/198.md?p=5) containing areas adversely affected by the disaster.
- (c) **Administration—**
  - (1) **In general—** Commodities made available for each fiscal year under this section shall be delivered at reasonable intervals to [States](/usc/7/198.md?p=5) based on the grants calculated under [subsection (a)](#a), or reallocated under [subsection (b)](#b), before December 31 of the following fiscal year.
  - (2) **Entitlement—** Each [State](/usc/7/198.md?p=5) shall be entitled to receive the value of [additional commodities](/usc/7/7501.md?p=1) determined under [subsection (a)](#a).
- (d) **Maintenance of effort—** If a [State](/usc/7/198.md?p=5) uses its own funds to provide commodities or services to organizations receiving funds or services under this section, such [State](/usc/7/198.md?p=5) shall not diminish the level of support it provides to such organizations.

## Source credit

(Pub. L. 98–8, title II, § 214, as added Pub. L. 100–435, title I, § 104, Sept. 19, 1988, 102 Stat. 1648; amended Pub. L. 101–624, title XVII, § 1772(g), (h)(1), Nov. 28, 1990, 104 Stat. 3809; Pub. L. 104–127, title IV, § 403(c), Apr. 4, 1996, 110 Stat. 1029; Pub. L. 104–193, title VIII, § 871(d), Aug. 22, 1996, 110 Stat. 2345.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (a). Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (f) as (a) and struck out former subsec. (a) which provided for purpose of section.

Pub. L. 104–127, § 403(c)(1), substituted “2002” for “1995”.

Subsec. (b). Pub. L. 104–193, § 871(d)(1)–(3), redesignated subsec. (g) as (b), substituted “subsection (a),” for “subsection (f) of this section or subsection (j) of this section if applicable,” and “subsection (a)” for “subsection (f) of this section”, and struck out former subsec. (b) which provided definitions for section.

Subsec. (c). Pub. L. 104–193, § 871(d)(4), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “Subject to subsections (e) and (f) of this section, or subsection (j) of this section if applicable, purchases under this section shall be made by the Secretary at such times and under such conditions as the Secretary determines appropriate within each fiscal year. All such commodities purchased for each such fiscal year shall be delivered at reasonable intervals to States based on the allotments calculated under subsection (f) of this section, or reallocated under subsection (g) of this section, or calculated under subsection (j) of this section if applicable, before the end of such fiscal year. Each State shall be entitled to receive that value of additional commodities that results from the application of the formula set forth in this section to the total value of additional commodities.”

Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (h) as (c) and struck out former subsec. (c) which authorized Secretary to purchase additional commodities to supplement commodities otherwise provided under program authorized by this chapter.

Subsec. (d). Pub. L. 104–193, § 871(d)(5), struck out “or reduce the amount of funds available for other nutrition programs in the State in each fiscal year” after “such organizations”.

Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (i) as (d) and struck out former subsec. (d) which provided for types and varieties of commodities which could be purchased under this section.

Subsec. (e). Pub. L. 104–193, § 871(d)(1), struck out subsec. (e) which appropriated amounts through fiscal year 2002 for purchase of additional commodities under this section.

Pub. L. 104–127, § 403(c)(2), substituted “2002” for “1995” in two places.

Subsecs. (f) to (i). Pub. L. 104–193, § 871(d)(2), redesignated subsecs. (f) to (i) as (a) to (d), respectively.

Subsec. (j). Pub. L. 104–193, § 871(d)(1), struck out subsec. (j) which authorized Secretary to promulgate new formula for allocation of additional commodities to States.

1990—Subsec. (a). Pub. L. 101–624, § 1772(g)(1), substituted “fiscal years 1991 through 1995” for “fiscal years 1989 and 1990”.

Subsec. (e). Pub. L. 101–624, § 1772(g)(2), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “During each of the fiscal years 1989 and 1990, the Secretary shall spend $120,000,000 to purchase, process, and distribute additional commodities under this section.”

Subsec. (k). Pub. L. 101–624, § 1772(h)(1), struck out heading and text of subsec. (k). Text read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out this section.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”

### Effective Date of 1990 Amendment

Amendment by section 1772(g) of Pub. L. 101–624 effective Oct. 1, 1990, and amendment by section 1772(h)(1) of Pub. L. 101–624 effective Nov. 28, 1990, see section 1781(b)(1), (2) of Pub. L. 101–624, set out as a note under section 2012 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.