---
kind: "section"
citation: "7 U.S.C. § 9071a"
title: "7"
title_heading: "Agriculture"
number: "9071a"
heading: "Dairy donation program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/9071a"
units:
  - "Chapter 115 — Agricultural Commodity Policy and Programs"
  - "Subchapter III — Dairy"
  - "Part B — Milk Donation Program"
---

# §9071a. Dairy donation program

- (a) **Definitions—** In this section:
  - (1) **Eligible dairy organization—** The term “eligible dairy organization” has the meaning given the term in [section 9071(a) of this title](/usc/7/9071.md?p=a).
  - (2) **Eligible dairy product—** The term “eligible dairy product” means a product primarily made from milk, including fluid milk, that is produced and processed in the [United States](/usc/7/9011.md?p=25).
  - (3) **Eligible distributor—** The term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families.
  - (4) **Eligible partnership—** The term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor.
- (b) **Establishment and purposes—** Not later than 60 days after December 27, 2020, the [Secretary](/usc/7/9011.md?p=20) 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—** To be eligible to receive reimbursement under [subsection (d)](#d), an eligible partnership shall submit to the [Secretary](/usc/7/9011.md?p=20) a donation and distribution plan that describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible dairy products.
  - (2) **Review and approval—**
    - (A) **In general—** Not later than 15 business days after receiving a plan described in [paragraph (1)](#c-1), the [Secretary](/usc/7/9011.md?p=20) 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)](#c-1), the [Secretary](/usc/7/9011.md?p=20) 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](/usc/42/247d.md); and
        - (II) a disaster designated by the [Secretary](/usc/7/9011.md?p=20).
      - (ii) **Priority review—** On making an affirmative determination under [clause (i)](#c-2-B-i) with respect to a donation and distribution plan submitted under [paragraph (1)](#c-1), the [Secretary](/usc/7/9011.md?p=20) shall give priority to the approval or disapproval of that plan.
- (d) **Reimbursement—**
  - (1) **In general—** On receipt of appropriate documentation under [paragraph (3)](#d-3), the [Secretary](/usc/7/9011.md?p=20) shall reimburse an eligible dairy organization that is a member of an eligible partnership for which the [Secretary](/usc/7/9011.md?p=20) has approved a donation and distribution plan under [subsection (c)(2)(A)(ii)](#c-2-A-ii) at a rate equal to the product obtained by multiplying—
    - (A) the current reimbursement price described in [paragraph (2)](#d-2); and
    - (B) the volume of milk required to make the donated eligible dairy product.
  - (2) **Reimbursement price—** The [Secretary](/usc/7/9011.md?p=20)—
    - (A) shall set the reimbursement price referred to in [paragraph (1)(A)](#d-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)](#d-2-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](/usc/7/198.md?p=1) 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](/usc/7/9011.md?p=20) such documentation as the [Secretary](/usc/7/9011.md?p=20) 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—** The [Secretary](/usc/7/9011.md?p=20) may verify the accuracy of documentation submitted under [subparagraph (A)](#d-3-A).
  - (4) **Retroactive reimbursement—** In providing reimbursements under [paragraph (1)](#d-1), the [Secretary](/usc/7/9011.md?p=20) may provide reimbursements for eligible dairy product costs incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the [Secretary](/usc/7/9011.md?p=20) under [subsection (c)(2)(A)(ii)](#c-2-A-ii).
  - (5) **Emergency and disaster-related prioritization—** In providing reimbursements under [paragraph (1)](#d-1), the [Secretary](/usc/7/9011.md?p=20) shall give priority to reimbursements to eligible dairy organizations covered by a donation and distribution plan for which the [Secretary](/usc/7/9011.md?p=20) makes an affirmative determination under [subsection (c)(2)(B)(i)](#c-2-B-i).
- (e) **Prohibition on resale of products—**
  - (1) **In general—** An eligible distributor that receives eligible dairy products donated under this section may not sell the eligible dairy products into commercial [markets](/usc/7/198.md?p=1).
  - (2) **Prohibition on future participation—** An eligible distributor that the [Secretary](/usc/7/9011.md?p=20) determines has violated [paragraph (1)](#e-1) shall not be eligible for any future participation in the program established under this section.
- (f) **Reviews—** The [Secretary](/usc/7/9011.md?p=20) shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.
- (g) **Publication of donation activity—** The [Secretary](/usc/7/9011.md?p=20), acting through the Administrator of the Agricultural Marketing Service, shall publish on the publicly accessible website of the Agricultural Marketing Service periodic reports describing donation activity under this section.
- (h) **Supplemental reimbursements—**
  - (1) **In general—** The [Secretary](/usc/7/9011.md?p=20) shall make a supplemental reimbursement to an eligible dairy organization that received a reimbursement under the milk donation program established under [section 9071 of this title](/usc/7/9071.md) during the period beginning on January 1, 2020, and ending on the date on which amounts made available under [subsection (i)](#i) are no longer available.
  - (2) **Reimbursement calculation—** A supplemental reimbursement described in [paragraph (1)](#h-1) shall be an amount equal to—
    - (A) the reimbursement calculated under [subsection (d)](#d); minus
    - (B) the reimbursement under the milk donation program described in [paragraph (1)](#h-1).
- (i) **Funding—** Out of any amounts of the Treasury not otherwise appropriated, there is appropriated to the [Secretary](/usc/7/9011.md?p=20) to carry out this section $400,000,000, to remain available until expended.

## Source credit

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

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Consolidated Appropriations Act, 2021, and not as part of title I of Pub. L. 113–79 which comprises this chapter.

### Statutory Notes and Related Subsidiaries

### Definition

For definition of “Secretary” as used in this section, see section 760 of div. N of Pub. L. 116–260, set out as a note under section 5936a of this title.