View all text of Part B [§ 9071 - § 9071a]
§ 9071. Milk donation program
(a) DefinitionsIn this section:
(1) Eligible dairy organizationThe term “eligible dairy organization” means a dairy farmer (either individually or as part of a cooperative), or a dairy processor, who—
(A) accounts to a Federal milk marketing order marketwide pool; and
(B) incurs qualified expenses under subsection (e).
(2) Eligible distributor
(3) Eligible milk
(4) Eligible partnership
(5) Participating partnership
(b) Program required; purposesNot later than 180 days after December 20, 2018, the Secretary shall establish and administer a milk donation program for the purposes of—
(1) encouraging the donation of eligible milk;
(2) providing nutrition assistance to individuals in low-income groups; and
(3) reducing food waste.
(c) Donation and distribution plans
(1) In generalTo be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that—
(A) describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible milk;
(B) includes an estimate of the quantity of eligible milk that the eligible partnership will donate each year, based on—
(i) preplanned donations; and
(ii) contingency plans to address unanticipated donations; and
(C) describes the rate at which the eligible partnership will be reimbursed, which shall be based on a percentage of the limitation described in subsection (e)(2), not to exceed 100 percent.
(2) Review and approvalNot less frequently than annually, the Secretary shall—
(A) review donation and distribution plans submitted under paragraph (1); and
(B) determine whether to approve or disapprove each of those donation and distribution plans.
(d) Reimbursement
(1) In general
(2) Documentation
(A) In general
(B) Verification
(3) Retroactive reimbursement
(e) Qualified expenses
(1) In generalThe amount of a reimbursement under subsection (d) shall be an amount equal to the product of—
(A) the quantity of eligible milk donated by the eligible dairy organization under a donation and distribution plan approved by the Secretary under subsection (c); and
(B) subject to the limitation under paragraph (2), the rate described in that donation and distribution plan under subsection (c)(1)(C).
(2) Limitation
(f) Preapproval
(1) In generalThe Secretary shall—
(A) establish a process for an eligible partnership to apply for preapproval of donation and distribution plans under subsection (c); and
(B) not less frequently than annually, preapprove an amount for qualified expenses described in subsection (e) that the Secretary will allocate for reimbursement under each donation and distribution plan preapproved under subparagraph (A), based on an assessment of—
(i) the feasibility of the plan; and
(ii) the extent to which the plan advances the purposes described in subsection (b).
(2) Preference
(3) Adjustments
(A) In general
(B) Requests for increase
(i) In general
(ii) Interim approval; incremental increase
(g) Prohibition on resale of products
(1) In general
(2) Prohibition on future participation
(h) Administration
(i) Reviews
(j) Funding
(Pub. L. 113–79, title I, § 1431, as added Pub. L. 115–334, title I, § 1404(b)(1), Dec. 20, 2018, 132 Stat. 4519.)