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Subchapter 3. Surplus Property. Article 1. Direct Shipment of Food Commodities by the United States Department of Agriculture.   

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Any party electing to take direct delivery of food commodities from the U.S. Department of Agriculture pursuant to Section 12114 of the Education Code, must demonstrate that party's capability for the proper handling, storage, and distribution of such food, in accordance with Title 7 of the Code of Federal Regulations, Chapter 11, Subchapter B, Part 250.6(o) Personnel, (p) Facilities, (q) Records, (r) Reports, (s) Right of inspection and audit, (t) Complaints, and (u) Demurrage.

The quantity of commodities to be made available for direct shipment shall be determined in accordance with Title 7 of the Code of Federal Regulations, Chapter 11, Subchapter B, Part 250.4.

Consignees of carload shipments shall completely unload from such cars, at their expense, all dunnage, debris, or other foreign matter connected with the inbound shipment so as to return rail freight cars to the carrier in a condition for loading by another shipper without further unloading.

Demurrage or other charges which accrue after a car or truck has been placed for unloading by the delivering carrier, or which accrue because placement of a car or truck is prevented, shall be borne by the recipient agency, except that demurrage or other charges shall be borne by the U.S. Department of Agriculture where such charges accrue because of actions by the Department of Agriculture and without the fault or negligence of the recipient agency.

When recipient agencies elect to take direct delivery of commodities from the U.S. Department of Agriculture, commodities will no longer be made available to them from the state agency.

Authority cited for Chapter 3:

Education Code 12114

(Amended by Register 77, No. 39.)