7 U.S.C. § 7285

Commodity Credit Corporation sales price restrictions

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(a) General sales authority

The Commodity Credit Corporation may sell any commodity owned or controlled by the Corporation at any price that the Secretary determines will maximize returns to the Corporation.

(b) Nonapplication of sales price restrictionsSubsection (a) shall not apply to—(1) a sale for a new or byproduct use;(2) a sale of peanuts or oilseeds for the extraction of oil;(3) a sale for seed or feed if the sale will not substantially impair any loan program;(4) a sale of a commodity that has substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spoilage;(5) a sale for the purpose of establishing a claim arising out of a contract or against a person who has committed fraud, misrepresentation, or other wrongful act with respect to the commodity;(6) a sale for export, as determined by the Corporation; and(7) a sale for other than a primary use.(c) Presidential disaster areas(1) In generalNotwithstanding subsection (a), on such terms and conditions as the Secretary may consider in the public interest, the Corporation may make available any commodity or product owned or controlled by the Corporation for use in relieving distress—(A) in any area in the United States (including the Virgin Islands) declared by the President to be an acute distress area because of unemployment or other economic cause, if the President finds that the use will not displace or interfere with normal marketing of agricultural commodities; and(B) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).(2) CostsExcept on a reimbursable basis, the Corporation shall not bear any costs in connection with making a commodity available under paragraph (1) beyond the cost of the commodity to the Corporation incurred in—(A) the storage of the commodity; and(B) the handling and transportation costs in making delivery of the commodity to designated agencies at 1 or more central locations in each State or other area.(d) Efficient operations

Subsection (a) shall not apply to the sale of a commodity the disposition of which is desirable in the interest of the effective and efficient conduct of the operations of the Corporation because of the small quantity of the commodity involved, or because of the age, location, or questionable continued storability of the commodity.

(Pub. L. 104–127, title I, § 165, Apr. 4, 1996, 110 Stat. 936.)Editorial NotesReferences in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1)(B), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Notes of Decisions

Cited in 2 cases, 2011–2011 · leading case: Carter v. United States, 102 Fed. Cl. 61 (Fed. Cl. 2011).

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Carter v. United States, 102 Fed. Cl. 61 (Fed. Cl. 2011). · cites it 3× “To ameliorate the effects of the drought, the United States Department of Agriculture (“USDA”) created a drought relief program in 2002 pursuant to 7 U.S.C. § 7285 (2006) 3 The program allowed the USDA to contract with drought-afflicted states for the distribution of nonfat dry…”

Carter v. United States, 98 Fed. Cl. 632 (Fed. Cl. 2011). “In response to the drought and pursuant to 7 U.S.C. § 7285 , the United States Department of Agriculture (“USDA”) initiated a series of drought relief programs, one of which gave rise to this suit.”

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