### §7624. Biobased products

#### (a) "Biobased product" defined

In this section, the term "biobased product" means a product suitable for food or nonfood use that is derived in whole or in part from renewable agricultural and forestry materials.

#### (b) Coordination of biobased product activities

The Secretary of Agriculture shall—

(1) coordinate the research, technical expertise, economic information, and market information resources and activities of the Department to develop, commercialize, and promote the use of biobased products;

(2) solicit input from private sector persons who produce, or are interested in producing, biobased products;

(3) provide a centralized contact point for advice and technical assistance for promising and innovative biobased products; and

(4) submit an annual report to Congress describing the coordinated research, marketing, and commercialization activities of the Department relating to biobased products.

#### (c) Cooperative agreements for biobased products

#### (1) Agreements authorized

The Secretary may enter into cooperative agreements with private entities described in subsection (d), under which the facilities and technical expertise of the Agricultural Research Service and the Forest Service may be made available to operate pilot plants and other large-scale preparation facilities for the purpose of bringing technologies necessary for the development and commercialization of new biobased products to the point of practical application.

#### (2) Description of cooperative activities

Cooperative activities may include—

(A) research on potential environmental impacts of a biobased product;

(B) methods to reduce the cost of manufacturing a biobased product; and

(C) other appropriate research.

#### (3) Authority of Secretary

To carry out a cooperative agreement with a private entity under paragraph (1), the Secretary may rent to the private entity equipment, the title of which is held by the Federal Government.

#### (d) Eligible partners

The following entities shall be eligible to enter into a cooperative agreement under subsection (c):

(1) A party that has entered into a cooperative research and development agreement with the Secretary under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).

(2) A recipient of funding from the Biotechnology Research and Development Corporation.

(3) A recipient of funding from the Secretary under a Small Business Innovation Research Program established under section 638 of title 15.

#### (e) Pilot project

The Secretary, acting through the Agricultural Research Service, may establish and carry out a pilot project under which grants are provided, on a competitive basis, to scientists of the Agricultural Research Service to—

(1) encourage innovative and collaborative science; and

(2) during each of fiscal years 1999 through 2012, develop biobased products with promising commercial potential.

#### (f) Source of funds

#### (1) In general

Except as provided in paragraph (2), to carry out this section, the Secretary may use—

(A) funds appropriated to carry out this section; and

(B) funds otherwise available for cooperative research and development agreements under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

#### (2) Exception

The Secretary may not use funds referred to in paragraph (1)(B) to carry out subsection (e).

#### (g) Sale of developed products

For the purpose of determining the market potential for new biobased products produced at a pilot plant or other large-scale preparation facility under a cooperative agreement under this section, the Secretary shall authorize the private partner or partners to the agreement to sell the products.

#### (h) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1999 through 2012.

(Pub. L. 105–185, title IV, §404, June 23, 1998, 112 Stat. 570; Pub. L. 107–171, title VI, §6201(d)(4), title VII, §7124, May 13, 2002, 116 Stat. 419, 434; Pub. L. 110–234, title VII, §7304, May 22, 2008, 122 Stat. 1242; Pub. L. 110–246, §4(a), title VII, §7304, June 18, 2008, 122 Stat. 1664, 2003; Pub. L. 111–88, div. A, title IV, §431, Oct. 30, 2009, 123 Stat. 2964.)

#### **Editorial Notes**

#### References in Text

The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (f)(1)(B), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.

#### 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.

#### Amendments

2009—Subsec. (c)(1). Pub. L. 111–88, §431(1), substituted "Agricultural Research Service and the Forest Service" for "Agricultural Research Service".

Subsec. (c)(3). Pub. L. 111–88, §431(2), added par. (3).

2008—Subsec. (e)(2). Pub. L. 110–246, §7304(a), substituted "2012" for "2007".

Subsec. (h). Pub. L. 110–246, §7304(b), substituted "2012" for "2007".

2002—Subsec. (d)(2) to (4). Pub. L. 107–171, §6201(d)(4), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "A recipient of funding from the Alternative Agricultural Research and Commercialization Corporation established under section 5902 of this title."

Subsec. (e)(2). Pub. L. 107–171, §7124(a), substituted "2007" for "2001".

Subsec. (h). Pub. L. 107–171, §7124(b), substituted "2007" for "2002".

#### **Statutory Notes and Related Subsidiaries**

#### 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.

#### Pilot Program on Use of Agricultural Commodities in Construction and Consumer Products

Pub. L. 117–58, div. G, title V, §70501, Nov. 15, 2021, 135 Stat. 1266, provided that:

"(a) Definitions.—In this section:

"(1) Construction product.—The term 'construction product' means any article, or component part thereof, produced or distributed for use during the construction, maintenance, or preservation of a highway, road, street, bridge, building, dam, port, or airport construction project.

"(2) Consumer product.—The term 'consumer product' means—

"(A) any article, or component part thereof, produced or distributed—

"(i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; or

"(ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; and

"(B) any product or product category described in subparagraphs (A) through (I) of section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).

"(3) Covered agricultural commodity.—The term 'covered agricultural commodity' means any agricultural commodity, food, feed, fiber, livestock, oil, or a derivative thereof, that the Secretary determines to have been used in the production of materials that have demonstrated market viability and benefits (as described in paragraphs (1) through (7) of subsection (b)) as of the date of enactment of this Act.

"(4) Qualified institution.—The term 'qualified institution' means a bioproducts research facility that—

"(A) is funded, in part, by a State;

"(B) is located within a reasonable distance, not to exceed 3 miles, of the primary residence hall of an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));

"(C) provides students opportunities to engage in research activities; and

"(D) provides opportunities for an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to collaborate with private enterprise.

"(5) Secretary.—The term 'Secretary' means the Secretary of Agriculture.

"(b) Establishment.—The Secretary shall carry out a pilot program under which the Secretary shall partner with not less than 1 qualified institution to study the benefits of using materials derived from covered agricultural commodities in the production of construction products and consumer products, including—

"(1) cost savings relative to other commonly used alternative materials;

"(2) greenhouse gas emission reductions and other environmental benefits relative to other commonly used alternative materials;

"(3) life-cycle and longevity-extending characteristics relative to other commonly used alternative materials;

"(4) life-cycle and longevity-reducing characteristics relative to other commonly used alternative materials;

"(5) landfill quantity and waste management cost reductions;

"(6) product development and production scale-up; and

"(7) any other benefits that the Secretary determines to be appropriate.

"(c) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $2,000,000 for each of fiscal years 2022 through 2023."