Page:United States Statutes at Large Volume 104 Part 5.djvu/324

 104 STAT. 3646 PUBLIC LAW 101-624—NOV. 28, 1990 the United States, including wood and processed wood products, fish, and Uvestock as well as value-added, fortified, or highvalue agricultural products. Effective beginning on October 1, 1991, for purposes of title II, a product of an agricultural commodity shall not be considered to be produced in the United States if it contains any ingredient that is not produced in the United States, if that ingredient is produced and is commercially available in the United States at fair and reasonable prices. "(3) COOPERATIVE. — The term 'cooperative' means a private sector organization whose members own and control the organization and share in its services and its profits and that provides business services and outreach in cooperative development for its membership. "(4) DEVELOPING COUNTRY. —The term 'developing country' means a country that has a shortage of foreign exchange earnings and has difficulty meeting all of its food needs through commercial channels. "(5) FOOD SECURITY. —The term 'food security' means access by all people at all times to sufficient food and nutrition for a healthy and productive life. " (6) INDIGENOUS NONGOVERNMENTAL ORGANIZATION. — The term 'indigenous nongovernmental organization' means an organization that operates under the laws of the recipient country, or that has its principal place of activity in such country, and that works at the local level to solve development problems in the foreign country in which it is located, except that the term does not include an organization that is primarily an agent or instrumentality of the foreign government. "(7) PRIVATE VOLUNTARY ORGANIZATION. —The term 'private voluntary organization' means a not-for-profit, nongovernmental organization (in the case of a United States organization, an organization that is exempt from Federal income taxes under section 501(c)(3) of the Internal Revenue Code of 1986) that receives funds from private sources, voluntary contributions of money, staff time, or in-kind support from the public, and that is engaged in or is planning to engage in voluntary, charitable, or development assistance activities (other than religious activities). "(8) SECRETARY. — The term 'Secretary' means the Secretary of Agriculture, unless otherwise specified in this Act. 7 USC 1733. "SEC. 403. GENERAL PROVISIONS. "(a) PROHIBITION. — No agricultural commodity shall be made available under this Act unless it is determined that— "(1) adequate storage facilities will be available in the recipient country at the time of the arrival of the commodity to prevent the spoilage or waste of the commodity; and "(2) the distribution of the commodity in the recipient country will not result in a substantial disincentive to or interference with domestic production or marketing in that country. "(b) CONSULTATIONS. — The Secretary or the Administrator, as appropriate, shall consult with representatives from the International Monetary Fund, the International Bank for Reconstruction and Development, the World Bank, and other donor organizations to ensure that the importation of United States agricultural commodities and the use of local currencies for development purposes will

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