(a) Effective July 1, 2001, the Department of Agriculture is designated as the state agency to:

Terms Used In West Virginia Code 19-30-2

  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

(1) Receive food donated by the United States Department of Agriculture, other federal or state agencies, corporations, private persons or entities;

(2) Receive payments for storage and distribution of the donated food;

(3) Distribute the food to educational or charitable institutions;

(4) Allocate funds received relating to the donated food; and

(5) Enter into agreements and take other actions necessary to exercise the authority provided in this article.

(b) Effective July 1, 2001, all responsibility for receiving, storing and distributing donated food previously assigned to the Department of Health and Human Resources is transferred to the Department of Agriculture. The secretary of the Department of Health and Human Resources and the commissioner of agriculture, acting jointly, are empowered to facilitate an orderly, efficient and economical transfer of the donated food program and related program functions, including the transfer of employees.

(c) Effective July 1, 2001, all unencumbered funds remaining with the Department of Health and Human Resources related to the transferred donated food program shall be transferred to the appropriate accounts of the Department of Agriculture.