Sec. 4104. PROCESSING OF COMMODITIES
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## SEC. 4104 PROCESSING OF COMMODITIES ###
(a)In General Section 17 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100-237) is amended— ####
(1)in the section heading, by inserting “and processing” after “donations”; and ####
(2)by adding at the end the following: > > ### “(c) Processing > > > #### “(1) In general > > For any program included under subsection (b), the Secretary may, notwithstanding any other provision of Federal or State law relating to the procurement of goods and services— > > > ##### “(A) > > retain title to commodities delivered to a processor, on behalf of a State (including a State distributing agency and a recipient agency), until such time as end products containing the commodities, or similar commodities as approved by the Secretary, are delivered to a State distributing agency or to a recipient agency; and > > > ##### “(B) > > promulgate regulations to ensure accountability for commodities provided to a processor for processing into end products, and to facilitate processing of commodities into end products for use by recipient agencies. > > > #### “(2) Regulations > > The regulations described in paragraph (1)(B) may provide that— > > > ##### “(A) > > a processor that receives commodities for processing into end products, or provides a service with respect to the commodities or end products, in accordance with the agreement of the processor with a State distributing agency or a recipient agency, provide to the Secretary a bond or other means of financial assurance to protect the value of the commodities; and > > > ##### “(B) > > in the event a processor fails to deliver to a State distributing agency or a recipient agency an end product in conformance with the processing agreement entered into under this Act, the Secretary— > > > ###### “(i) > > take action with respect to the bond or other means of financial assurance pursuant to regulations promulgated under this subsection; and > > > ###### “(ii) > > distribute any proceeds obtained by the Secretary to 1 or more State distributing agencies and recipient agencies, as determined appropriate by the Secretary.” > . ###
(b)Definitions Section 18 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100-237) is amended by striking paragraphs
(1)and
(2)and inserting the following: > > #### “(1) Commodities > > The term ‘commodities’ means agricultural commodities and their products that are donated by the Secretary for use by recipient agencies. > > > #### “(2) End product > > The term ‘end product’ means a food product that contains processed commodities.” > . ###
(c)Technical and Conforming Amendments Section 3 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100-237) is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (2), by striking subparagraph
(B)and inserting the following: > > ##### “(B) > > the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));” > ; and #####
(B)in paragraph (3)(D), by striking “the Committee on Education and Labor” and inserting “the Committee on Education and the Workforce”; ####
(2)in subsection (b)(1)(A)(ii), by striking “section 32 of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.)” and inserting “section 32 of the Act of August 24, 1935 (7 U.S.C. 612c)”; ####
(3)in subsection (e)(1)(D)(iii), by striking subclause
(II)and inserting the following: > > ###### “(II) > > the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));” > ; and ####
(4)in subsection (k), by striking “the Committee on Education and Labor” and inserting “the Committee on Education and the Workforce”. ## Subtitle C Miscellaneous
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- Pub. L. 100-237
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