Sec. 60201. Dairy direct donation program
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In this section: The term eligible dairy organization is defined in section 1431(a) of the Agricultural Act of 2014 ( 7 U.S.C. 9071(a) ). The term eligible distributor means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families. The term eligible dairy products means products primarily made from milk produced and processed within a Federal Milk Marketing Order. The term eligible partnership means a partnership between an eligible dairy organization and an eligible distributor.
Not later than 45 days after the enactment of this Act, the Secretary shall establish and administer a direct dairy donation program for the purposes of— facilitating the timely donation of eligible dairy products and preventing and minimizing food waste. To be eligible to receive reimbursement under this section, an eligible partnership shall submit to the Secretary 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.
No later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall— review such plan; and issue an approval or disapproval of such plan. On receipt of appropriate documentation under paragraph (2), the Secretary shall reimburse an eligible dairy organization at a rate equal to the current Class I milk price multiplied by the volume of milk required to make the donated product. In the case of donated Class I products, the Secretary shall reimburse an eligible dairy organization at a rate equal to the current Class I milk price plus 5 percent multiplied by the volume of milk required to make the donated Class I product.
An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate the eligible dairy product production and donation to the eligible distributor. The Secretary may verify the accuracy of documentation submitted. In providing reimbursements under paragraph (1), the Secretary may provide reimbursements for milk costs incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary.
An eligible distributor that receives eligible dairy products donated under this section may not sell the products into commercial markets. An eligible distributor that the Secretary determines has violated paragraph
(1)shall not be eligible for any future participation in the program established under this section. The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section. The Secretary, acting through the Agricultural Marketing Service, shall publish on the publicly accessible website of such agency periodic reports containing donation activity under this section. The Secretary may make a supplemental reimbursement to an eligible dairy organization for an approved donation and distribution plan in accordance with the milk donation program established under section 1431 of the Agricultural Act of 2014 ( 7 U.S.C. 9071 ). A supplemental reimbursement described in paragraph
(1)shall be equal to the value of— the sum of— the Class IV milk price for the applicable month, plus 5 percent of the Class I price for the applicable month, multiplied by the volume of eligible milk under such approved donation plan. Out of the amounts of the Treasury not otherwise appropriated, the Secretary shall use to carry out this section $500,000,000 to remain available until expended.
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Sec. 60201
Dairy direct donation program
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