97 STAT. 610 PUBLIC LAW 98-92—SEPT. 2, 1983 Corporation- owned commodities. Eligible recipient agencies, distribution. 7 USC 612c note. Ante, pp. 35, 609. Commodity ma nagement. 7 USC 612c note. Ante, p. 35. this Act into forms, and in quantities, suitable, as determined by the Secretary, for use in individual households when such commodities are to be consumed by individual households or for institutional use, as applicable. The Secretary may pay such costs in the form of Corporation-owned commodities equal in value to such costs, except that wheat from the Food Security Wheat Reserve may not be used to pay such costs. The Secretary shall ensure that any such pay- ments in kind will not displace commercial sales of such commodites. "FEDERAL AND STATE RESPONSIBILITIES "SEC. 203B. (a) The Secretary shall, as expeditiously as possible, provide the commodities made available under this Act in such quantities as can be used without waste to State agencies designated by the Governor or other appropriate State official for distribution to eligible recipient agencies, except that the Secretary may provide such commodities directly to eligible recipient agencies and to pri- vate companies that process such commodities for eligible recipient agencies under sections 203 and 203A of this Act. "(b) State agencies receiving commodities under this Act shall, as expeditiously as possible, distribute such commodities, in the quanti- ties requested (to the extent practicable), to eligible recipient agen- cies within their respective States. However, if a State agency cannot meet all requests for a particular commodity under this Act, the State agency shall give priority in the distribution of such commodity to eligible recipient agencies providing nutrition assist- ance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unem- ploved persons.
- (c) Each State agency receiving commodities for individual house-
hold use under this Act shall distribute such commodities to eligible recipient agencies in the State that serve needy persons, and shall, with the approval of the Secretary, determine those persons in the State that shall qualify as needy persons eligible for such commodities. "ASSURANCES; ANTICIPATED USE "SEC. 203C. (a) The Secretary shall take such precautions EIS the Secretary deems necessary to assure that any eligible recipient agency receiving commodities under this Act will provide such commodities to persons served by the eligible recipient agency and will not diminish its normal expenditures for food by reason of the receipt of such commodities. The Secretary shall also take such precautions as the Secretary deems necessary to assure that com- modities made available under this Act will not displace commercial sales of such commodities or the products thereof. The Secretary shall not make commodities available for donation in any quantity or manner that the Secretary, in the Secretary's discretion, deter- mines may, substitute for the same or any other agricultural pro- duce that would otherwise be purchased in the market. "Qoi) Commodities provided under this Act shall be distributed only in quantities that can be consumed without waste. No eligible recipient agency may receive commodities under this Act in excess of anticipated use, based on inventory records and controls, or in excess of its ability to accept and store such commodities."; (6) in section 204— (A) designating the last sentence as subsection (c);
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