1. (a) Establishment The Secretary shall carry out a program, to be known as the “Farmers’ Market Promotion Program” (referred to in this section as the “Program”), to make grants to eligible entities for projects to establish, expand, and promote farmers’ markets and to promote direct producer-to-consumer marketing.

2. (b) Program purposes

   1. (1) In general The purposes of the Program are—

      1. (A) to increase domestic consumption of agricultural commodities by improving and expanding, or assisting in the improvement and expansion of, domestic farmers’ markets, roadside stands, community-supported agriculture programs, agri-tourism activities, and other direct producer-to-consumer market opportunities; and
      2. (B) to develop, or aid in the development of, new farmers’ markets, roadside stands, community-supported agriculture programs, agri-tourism activities, and other direct producer-to-consumer marketing opportunities.
   2. (2) Limitations An eligible entity may not use a grant or other assistance provided under the Program for the purchase, construction, or rehabilitation of a building or structure.

3. (c) Eligible entities An entity shall be eligible to receive a grant under the Program if the entity is—

   1. (1) an agricultural cooperative or a producer network or association;
   2. (2) a local government;
   3. (3) a nonprofit corporation;
   4. (4) a public benefit corporation;
   5. (5) an economic development corporation;
   6. (6) a regional farmers’ market authority; or
   7. (7) such other entity as the Secretary may designate.
4. (d) Criteria and guidelines The Secretary shall establish criteria and guidelines for the submission, evaluation, and funding of proposed projects under the Program.

5. (e) Funding

   1. (1) Fiscal years 2008 through 2012 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—

      1. (A) $3,000,000 for fiscal year 2008;
      2. (B) $5,000,000 for each of fiscal years 2009 through 2010; and
      3. (C) $10,000,000 for each of fiscal years 2011 and 2012.
   2. (2) Fiscal year 2013 There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2013.
   3. (3) Use of funds Not less than 10 percent of the funds used to carry out this section in a fiscal year under paragraph (1) or (2) shall be used to support the use of electronic benefits transfers for Federal nutrition programs at farmers’ markets.
   4. (4) Interdepartmental coordination In carrying out this subsection, the Secretary shall ensure coordination between the various agencies to the maximum extent practicable.

   5. (5) Limitation Funds described in paragraph (3)—

      1. (A) may not be used for the ongoing cost of carrying out any project; and
      2. (B) shall only be provided to eligible entities that demonstrate a plan to continue to provide EBT card access at 1 or more farmers’ markets following the receipt of the grant.

(Pub. L. 94–463, § 6, as added Pub. L. 107–171, title X, § 10605(a), May 13, 2002, 116 Stat. 513; amended Pub. L. 110–234, title X, § 10106, May 22, 2008, 122 Stat. 1337; Pub. L. 110–246, § 4(a), title X, § 10106, June 18, 2008, 122 Stat. 1664, 2098; Pub. L. 112–240, title VII, § 701(g)(1), Jan. 2, 2013, 126 Stat. 2366.)

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 3005, Pub. L. 94–463, § 6, Oct. 8, 1976, 90 Stat. 1983; Pub. L. 103–437, § 4(a)(8), Nov. 2, 1994, 108 Stat. 4582, related to review of activities by Secretary and annual report to Congress, prior to repeal by Pub. L. 105–362, title I, § 101(d)(1), Nov. 10, 1998, 112 Stat. 3281.

Amendments

2013—Subsec. (e)(1). Pub. L. 112–240, § 701(g)(1)(A), substituted “Fiscal years 2008 through 2012” for “In general” in heading.

Subsec. (e)(2) to (5). Pub. L. 112–240, § 701(g)(1)(B)–(E), added par. (2), redesignated former pars. (2) to (4) as (3) to (5), respectively, and substituted “paragraph (1) or (2)” for “paragraph (1)” in par. (3) and “paragraph (3)” for “paragraph (2)” in introductory provisions of par. (5).

2008—Subsec. (a). Pub. L. 110–246, § 10106(1), inserted “and to promote direct producer-to-consumer marketing” before period at end.

Subsec. (b)(1)(A). Pub. L. 110–246, § 10106(2)(A), inserted “agri-tourism activities,” after “programs,”.

Subsec. (b)(1)(B). Pub. L. 110–246, § 10106(2)(B), inserted “agri-tourism activities,” after “programs,” and substituted “marketing opportunities” for “infrastructure”.

Subsec. (c)(1). Pub. L. 110–246, § 10106(3), inserted “or a producer network or association” after “cooperative”.

Subsec. (e). Pub. L. 110–246, § 10106(4), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2002 through 2007.”

Effective Date of 2013 Amendment

Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.