07 USC 1012. Payments to counties
TITLE 7 -- AGRICULTURE
As soon as practicable after the end of each calendar year, the
Secretary shall pay to the county in which any land is held by the
Secretary under this subchapter, 25 per centum of the net revenues
received by the Secretary from the use of the land during such year. In
case the land is situated in more than one county, the amount to be paid
shall be divided equitably among the respective counties. Payments to
counties under this section shall be made on the condition that they are
used for school or road purposes, or both. This section shall not be
construed to apply to amounts received from the sale of land.
(July 22, 1937, ch. 517, title III, 33, 50 Stat. 526.)
Section repealed by Pub. L. 94-579, title VII, 706(a), Oct. 21,
1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as
applicable to the issuance of rights-of-way over, upon, under, and
through the public lands and lands in the National Forest System.
Repeal by Pub. L. 94-579, insofar as applicable to the issuance of
rights-of-way, not to be construed as terminating any valid lease,
permit, patent, etc., existing on Oct. 21, 1976, see note set out under
section 1701 of Title 43, Public Lands.
Provisions of section 706(a) of Pub. L. 94-579, except as pertaining
to rights-of-way, not to be construed as affecting the authority of the
Secretary of Agriculture under this section, see note set out under
section 1701 of Title 43, Public Lands.
478a; title 30 section 601; title 31 section 6903.
07 USC 1012a. Townsites
TITLE 7 -- AGRICULTURE
When the Secretary of Agriculture determines that a tract of National
Forest System land in Alaska or in the eleven contiguous Western States
is located adjacent to or contiguous to an established community, and
that transfer of such land would serve indigenous community objectives
that outweigh the public objectives and values which would be served by
maintaining such tract in Federal ownership, he may, upon application,
set aside and designate as a townsite an area of not to exceed six
hundred and forty acres of National Forest System land for any one
application. After public notice, and satisfactory showing of need
therefor by any county, city, or other local governmental subdivision,
the Secretary may offer such area for sale to a governmental subdivision
at a price not less than the fair market value thereof: Provided,
however, That the Secretary may condition conveyances of townsites upon
the enactment, maintenance, and enforcement of a valid ordinance which
assures any land so conveyed will be controlled by the governmental
subdivision so that use of the area will not interfere with the
protection, management, and development of adjacent or contiguous
National Forest System lands.
(Pub. L. 85-569, July 31, 1958, 72 Stat. 438; Pub. L. 94-579, title
II, 213, Oct. 21, 1976, 90 Stat. 2760.)
Section, which is also set out as section 478a of Title 16,
Conservation, was not enacted as part of the Bankhead-Jones Farm Tenant
Act which constitutes a major part of this chapter.
1976 -- Pub. L. 94-579 substituted provisions setting forth
procedures applicable to designation of townsites of tracts of National
Forest System lands in Alaska or the eleven contiguous Western States,
for provisions setting forth procedures applicable to designation of
townsites from any national forest lands or lands administered by
Secretary of Agriculture under the Bankhead-Jones Farm Tenant Act.
Amendment by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note
set out under section 1701 of Title 43, Public Lands.
07 USC 1013. Omitted
TITLE 7 -- AGRICULTURE
Section, act July 22, 1937, ch. 517, title III, 34, 50 Stat. 526,
related to appropriations and expired by its own limitations at end of
fiscal year 1940.
07 USC 1013a. Benefits extended to Puerto Rico and Virgin Islands;
county defined; payments to Governor or fiscal agent of county
TITLE 7 -- AGRICULTURE
The provisions of this subchapter shall extend to Puerto Rico and the
Virgin Islands. In the case of Alaska, Puerto Rico, and the Virgin
Islands, the term ''county'' as used in this subchapter may be the
entire area, or any subdivision thereof as may be determined by the
Secretary, and payments under section 1012 of this title shall be made
to the Governor or to the fiscal agent of such subdivision.
(July 22, 1937, ch. 517, title III, 35, as added Aug. 8, 1961, Pub.
L. 87-128, title III, 342, 75 Stat. 318.)
Section effective Oct. 15, 1961, by former section 300.1 of Title 6,
Code of Federal Regulations, see Effective Date note set out under
section 1921 of this title.
07 USC SUBCHAPTER IV -- GENERAL PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 1014 to 1025. Repealed. Pub. L. 87-128, title III, 341(a), Aug.
8, 1961, 75 Stat. 318
TITLE 7 -- AGRICULTURE
Section 1014, act July 22, 1937, ch. 517, title IV, 40, 50 Stat.
527, created the Farmers' Home Corporation and provided for its
location, delegation of power by Secretary of Agriculture, capital
stock, board of directors, personnel, quorum, compensation, expenses,
selection of administrator, powers of corporation, compensation to
injured employees, deposit of monies, tax exemption, records and annual
report.
Section 1015, acts July 22, 1937, ch. 517, title IV, 41, 50 Stat.
528; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064; July 26, 1947, ch.
339, 1(a), 61 Stat. 493; Oct. 15, 1949, ch. 695, 6(a), 63 Stat. 881;
Oct. 28, 1949, ch. 782, title XI, 1106(a), 63 Stat. 972; Aug. 30,
1954, ch. 1076, 1(4), 68 Stat. 966; July 31, 1956, ch. 804, title I,
107(a), 70 Stat. 739; Aug. 1, 1956, ch. 829, 3(a), 70 Stat. 803,
related to powers or Secretary of Agriculture.
Section 1016, acts July 22, 1937, ch. 517, title IV, 42, 50 Stat.
530; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064; Aug. 1, 1956, ch.
829, 3(b), 70 Stat. 804, provided for county or area committee
appointments, compensation, meetings and duties.
Section 1017, acts July 22, 1937, ch. 517, title IV, 43, 50 Stat.
530; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064; Apr. 20, 1950, ch.
94, title II, 205(a), 64 Stat. 73; Aug. 1, 1956, ch. 829, 3(c), 70
Stat. 804, related to resettlement projects, their liquidation,
determination of lands suitable for farm management units, report to
Congress, sale of lands, disposition of public facilities and conditions
thereof, disposition of surplus property and sale of properties of
defense relocation corporation, etc.
Section 1018, acts July 22, 1937, ch. 517, title IV, 44, 50 Stat.
530; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064; Aug. 23, 1951, ch.
344, 3, 65 Stat. 198, related to special conditions and limitations on
loans.
Section 1019, acts July 22, 1937, ch. 517, title IV, 45, 50 Stat.
530; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064, related to transfer of
lands to Secretary.
Section 1020, acts July 22, 1937, ch. 517, title IV, 46, 50 Stat.
530; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064; July 22, 1954, ch.
562, 1(d), 68 Stat. 525, related to transactions with private
corporations.
Section 1021, acts July 22, 1937, ch. 517, title IV, 47, 50 Stat.
531; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064, related to surveys and
investigations.
Section 1022, acts July 22, 1937, ch. 517, title IV, 48, 50 Stat.
531; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064; Aug. 23, 1951, ch.
344, 4, 65 Stat. 198, related to variable payments on obligations and
discretionary scheduling of initial payment.
Section 1023, acts July 22, 1937, ch. 517, title IV, 49, 50 Stat.
531; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064, related to set-off.
Section 1024, acts July 22, 1937, ch. 517, title IV, 50, 50 Stat.
531; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064, related to taxation.
Section 1025, acts July 22, 1937, ch. 517, title IV, 51, 50 Stat.
531; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064; July 22, 1954, ch.
562, 1(e), 68 Stat. 525; Aug. 1, 1956, ch. 829, 3(d), 70 Stat. 804,
related to protection of investment and security and purchase at
foreclosure sale.
For subject matter of sections 1014 to 1025 of this title, see
section 1921 et seq. of this title.
Repeal effective one hundred and twenty days after Aug. 8, 1961, or
such earlier date as the provisions of chapter 50 of this title are made
effective by regulations of Secretary of Agriculture, see section 341(a)
of Pub. L. 87-128, set out as a note under section 1921 of this title.
Sections repealed effective Oct. 15, 1961, by former section 300.1
of Title 6, Code of Federal Regulations, except that the provisions of
section 1018 of this title, as existing prior to amendment by act Aug.
14, 1946, which require mineral reservations in lands disposed of under
sections 1010 to 1012 of this title shall not become effective until
Dec. 7, 1961, see Effective Date note set out under section 1921 of
this title.
07 USC 1026. Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862, eff.
Sept. 1, 1948
TITLE 7 -- AGRICULTURE
Section, acts July 22, 1937, ch. 517, title IV, 52, 50 Stat. 532;
Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064, related to penalties. See
sections 657, 658, 1006, and 1014 of Title 18, Crimes and Criminal
Procedure.
07 USC 1027 to 1029. Repealed. Pub. L. 87-128, title III, 341(a), Aug.
8, 1961, 75 Stat. 318
TITLE 7 -- AGRICULTURE
Section 1027, acts July 22, 1937, ch. 517, title IV, 53, 50 Stat.
532; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064, related to fees and
commissions.
Section 1028, acts July 22, 1937, ch. 517, title IV, 54, 50 Stat.
532; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064; July 26, 1947, ch.
339, 1(b), 61 Stat. 493, related to application of provisions to
territories.
Section 1029, acts July 22, 1937, ch. 517, title IV, 55, 50 Stat.
533; Aug. 14, 1946, ch. 964, 3, 60 Stat. 1064, related to
separability of provisions.
For subject matter of sections 1027 to 1029 of this title, see
section 1921 et seq. of this title.
Repeal effective one hundred and twenty days after Aug. 8, 1961, or
such earlier date as the provisions of chapter 50 of this title are made
effective by regulations of Secretary of Agriculture, see section 341(a)
of Pub. L. 87-128, set out as a note under section 1921 of this title.
Sections repealed effective Oct. 15, 1961, by former section 300.1
of Title 6, Code of Federal Regulations, see Effective Date note set out
under section 1921 of this title.
07 USC 1030. Consolidation of agricultural credit and service offices
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture and the Governor of the Farm Credit
Administration are directed, wherever practicable, to make suitable
arrangements whereby all field offices under their supervision or
direction extending agricultural credit or furnishing agricultural
services to farmers to utilize the same or adjacent offices to the end
that eligible farmers in each locality will be enabled to obtain their
agricultural credit and services at one central point.
(Aug. 14, 1946, ch. 964, 7, 60 Stat. 1079.)
Section was enacted as part of the Farmers' Home Administration Act
of 1946, and not as part of the Bankhead-Jones Farm Tenant Act which
constitutes a major part of this chapter.
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of the
Commodity Credit Corporation; and Farm Credit Administration or any
agency, officer, or entity of, under, or subject to supervision of the
said Administration were excepted from functions of officers, agencies,
and employees transferred to Secretary of Agriculture by 1953 Reorg.
Plan No. 2, 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out
as a note under section 2201 of this title.
07 USC 1031. Conveyance of mineral rights with land
TITLE 7 -- AGRICULTURE
Any conveyance of real estate by the Government or any Government
agency under this Act shall include all mineral rights.
(Aug. 14, 1946, ch. 964, 9, 60 Stat. 1080.)
This Act, referred to in text, is act Aug. 14, 1946, ch. 964, 60
Stat. 1062, as amended, known as the Farmers' Home Administration Act
of 1946. For complete classification of this Act to the Code, see
Tables.
Section was enacted as part of the Farmers' Home Administration Act
of 1946, and not as part of the Bankhead-Jones Farm Tenant Act which
constitutes a major part of this chapter.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
Sale of reserved mineral interests, see sections 1033 to 1035, 1037
to 1039 of this title.
07 USC 1032. Transfer of rights and duties of Reconstruction Finance
Corporation arising out of rehabilitation and farm tenancy loans to
Secretary of the Treasury
TITLE 7 -- AGRICULTURE
All rights, interests, obligations, and duties of the Reconstruction
Finance Corporation arising out of loans made or authorized to be made
to the Secretary of Agriculture for the purpose of making rural
rehabilitation and farm tenancy loans in accordance with the Department
of Agriculture Appropriation Act of 1947 and prior appropriations and
loans under the Farmers Home Administration Act of 1946 are, as of the
close of June 30, 1947, vested in the Secretary of the Treasury; the
Reconstruction Finance Corporation is authorized and directed to
transfer, as of the close of June 30, 1947, to the Secretary of the
Treasury and the Secretary of the Treasury is authorized and directed to
receive all loans outstanding on that date, plus accrued unpaid
interest, theretofore made to the Secretary under the provisions of the
Acts named above, and all notes and other evidences thereof and all
obligations constituting the security therefor. The Secretary of the
Treasury shall cancel notes of the Reconstruction Finance Corporation,
and sums due and unpaid upon or in connection with such notes at the
time of such cancellation, in an amount equal to the unpaid principal of
the loans so transferred, plus accrued unpaid interest through June 30,
1947. Subsequent to June 30, 1947, the Reconstruction Finance
Corporation shall make no further loans or advances to the Secretary and
the Secretary of the Treasury is authorized and directed, in lieu of the
Reconstruction Finance Corporation, to lend or advance to the Secretary,
in accordance with the provisions of said Acts to any unobligated or
unadvanced balances of the sums which the Reconstruction Finance
Corporation has theretofore been authorized and directed to lend to the
Secretary. For the purpose of making such loans or advances, the
Secretary of the Treasury is authorized to use as a public-debt
transaction the proceeds from the sale of any securities issued under
chapter 31 of title 31, and the purposes for which securities may be
issued under that chapter are extended to include such loans or advances
to the Secretary of Agriculture. Repayments to the Secretary of
Treasury on such loans or advances shall be treated as a public-debt
transaction of the United States.
(July 30, 1947, ch. 356, title I, 1, 61 Stat. 545.)
The Department of Agriculture Appropriation Act of 1947, referred to
in text, is act June 22, 1946, ch. 445, 60 Stat. 270, as amended. For
complete classification of this Act to the Code, see Tables.
The Farmers Home Administration Act of 1946, referred to in text, is
act Aug. 14, 1946, ch. 964, 60 Stat. 1062, as amended. For complete
classification of this Act to the Code, see Tables.
''Chapter 31 of title 31'' and ''that chapter'' substituted in text
for ''the Second Liberty Bond Act, as amended'' and ''that Act'',
respectively, on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
Section was not enacted as part of the Bankhead-Jones Farm Tenant Act
which constitutes a major part of this chapter.
Section 6(a) of 1957 Reorg. Plan No. 1, eff. June 30, 1957, 22 F.
R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government
Organization and Employees, abolished Reconstruction Finance
Corporation.
07 USC 1032a. Disbursing and certifying officers; exemption from
liability for advances to defense relocation corporations
TITLE 7 -- AGRICULTURE
The Comptroller General of the United States is authorized and
directed to allow credit in the accounts of disbursing and certifying
officers for advances made in good faith on behalf of the Department of
Agriculture to defense relocation corporations and land purchasing
associations.
(Aug. 14, 1946, ch. 964, 6, 60 Stat. 1079.)
Section was formerly classified to section 82h of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877. Section was not enacted
as a part of the Bankhead-Jones Farm Tenant Act, which constitutes a
major part of this chapter.
07 USC 1033. Sale of reserved mineral interests
TITLE 7 -- AGRICULTURE
Notwithstanding any other provisions of law, the Secretary of
Agriculture (referred to in sections 1033 to 1035 and 1037 to 1039 of
this title as the ''Secretary'') is authorized and directed to sell, as
provided in said sections, all mineral interests now owned by the United
States, which have been reserved or acquired by it under any program
heretofore administered by the Resettlement Administration, or the Farm
Security Administration, or now administered by the Farmers Home
Administration, except the program administered pursuant to sections
1010 to 1012 of this title and the program for the liquidation of labor
camps pursuant to Public Law 298, Eightieth Congress.
(Sept. 6, 1950, ch. 897, 1, 64 Stat. 769.)
Public Law 298, Eightieth Congress, referred to in text, means act
July 31, 1947, ch. 413, 61 Stat. 694, which was set out as a note
under section 1017 of this title and was repealed by act Apr. 20, 1950,
ch. 94, title II, 205(a), 64 Stat. 73.
Section was not enacted as part of the Bankhead-Jones Farm Tenant Act
which constitutes a major part of this chapter.
Section 8 of act Sept. 6, 1950, ch. 897, 64 Stat. 770, provided
that: ''There is authorized to be appropriated to the Secretary such
sums as Congress may from time to time determine to be necessary to
enable the Secretary to carry out the provisions of this Act (sections
1033 to 1039 of this title).''
Conveyances under 1946 amendment to this chapter to include all
mineral rights, see section 1031 of this title.
07 USC 1034. Persons to whom mineral interests sold; conveyances
TITLE 7 -- AGRICULTURE
Such mineral interests shall be sold only to private persons who
shall apply therefor and who at the time of application are the owners
of the surface of the land covered by the application. Applicants shall
establish their title to the surface of the land covered by the
application to the satisfaction of the Secretary at their own expense.
Conveyances of mineral interests shall be by quitclaim deed executed by
the Secretary or his delegate.
(Sept. 6, 1950, ch. 897, 2, 64 Stat. 769.)
Section was not enacted as part of the Bankhead-Jones Farm Tenant Act
which constitutes a major part of this chapter.
07 USC 1035. Sale of mineral interests; consideration; transfer of
unsold interests to Secretary of Interior
TITLE 7 -- AGRICULTURE
In areas where the Secretary determines after consultation with the
Department of the Interior and competent local authorities that there is
no active mineral development or leasing, the mineral interests covered
by a single application shall be sold for a consideration of $1. In
other areas the mineral interests shall be sold at the fair market value
thereof as determined by the Secretary after taking into consideration
such appraisals as he deems necessary or appropriate. Area
determinations made by the Secretary pursuant to this section may be
revised from time to time and the consideration to be obtained for the
mineral interests in connection with any particular tract of land shall
be determined by the rule applicable to the area in which the tract is
located at the time of the application therefor: Provided, That, in the
event any mineral interests covered by sections 1033 to 1039 of this
title are not sold as provided herein pursuant to application filed
within seven years from September 6, 1950, or within seven years from
the date of acquisition of the mineral interests of the United States,
whichever date is later, the Secretary shall forthwith transfer title to
such mineral interests, with the exception of those which were a part of
or derived from the assets transferred pursuant to transfer agreements
with State rural rehabilitation corporations, to the Secretary of the
Interior to be administered under the mineral laws of the United States.
(Sept. 6, 1950, ch. 897, 3, 64 Stat. 769.)
Section was not enacted as part of the Bankhead-Jones Farm Tenant Act
which constitutes a major part of this chapter.
07 USC 1036. Repealed. Pub. L. 87-353, 3(m), Oct. 4, 1961, 75 Stat.
774
TITLE 7 -- AGRICULTURE
Section, act Sept. 6, 1950, ch. 897, 4, 64 Stat. 769, related to
authorization of Federal Farm Mortgage Corporation to sell and convey
its mineral interests.
07 USC 1037. Sale of reserved mineral interests; disposition of
proceeds
TITLE 7 -- AGRICULTURE
All proceeds from sales made under sections 1033 to 1039 of this
title of mineral interests described in section 1033 of this title shall
be covered into the Treasury of the United States as miscellaneous
receipts, except that the proceeds from sales of mineral interests which
were a part of or derived from the assets transferred pursuant to the
transfer agreements with State rural rehabilitation corporations shall
be credited to the appropriate corporation account.
(Sept. 6, 1950, ch. 897, 5, 64 Stat. 770.)
Section was not enacted as part of the Bankhead-Jones Farm Tenant Act
which constitutes a major part of this chapter.
07 USC 1038. Regulations; delegations of authority
TITLE 7 -- AGRICULTURE
The Secretary may make such rules and regulations and such
delegations of authority as he may deem necessary to carry out the
provisions of sections 1033 to 1039 of this title.
(Sept. 6, 1950, ch. 897, 6, 64 Stat. 770.)
Section was not enacted as part of the Bankhead-Jones Farm Tenant Act
which constitutes a major part of this chapter.
07 USC 1039. Time for filing purchase applications
TITLE 7 -- AGRICULTURE
No application for the purchase of mineral interests under sections
1033 to 1039 of this title shall be filed until ninety days after
September 6, 1950.
(Sept. 6, 1950, ch. 897, 7, 64 Stat. 770.)
Section was not enacted as part of the Bankhead-Jones Farm Tenant Act
which constitutes a major part of this chapter.
07 USC 1040. Farmers' Home Administration funds account
TITLE 7 -- AGRICULTURE
When authorized by appropriation or other law, funds of the Farmers'
Home Administration available for administrative expenses may be placed
in a single account.
(Aug. 3, 1956, ch. 950, 9(b), 70 Stat. 1034.)
Section was enacted as part of the Department of Agriculture Organic
Act of 1956, and not as part of the Bankhead-Jones Farm Tenant Act which
constitutes a major part of this chapter.
07 USC CHAPTER 34 -- SUGAR PRODUCTION AND CONTROL
TITLE 7 -- AGRICULTURE
07 USC 1100. Omitted
TITLE 7 -- AGRICULTURE
Section, act Aug. 8, 1947, ch. 519, 1, 61 Stat. 922, provided that
this chapter may be cited as the Sugar Act of 1948, and expired on Dec.
31, 1974.
A prior section, act Sept. 1, 1937, ch. 898, 1, 50 Stat. 903,
provided that this chapter may be cited as the Sugar Act of 1937, and
expired on Dec. 31, 1947.
Section 412, formerly 411, of act Aug. 8, 1947, ch. 519, 61 Stat.
933, as amended by act Sept. 1, 1951, ch. 379, 5, 65 Stat. 320,
renumbered and amended by act May 29, 1956, ch. 342, 17, 18, 70 Stat.
221; July 6, 1960, Pub. L. 86-592, 1, 74 Stat. 330; Mar. 31, 1961,
Pub. L. 87-15, 1, 75 Stat. 40; July 13, 1962, Pub. L. 87-535, 16, 76
Stat. 166; Nov. 8, 1965, Pub. L. 89-331, 12(5), 79 Stat. 1280; Oct.
14, 1971, Pub. L. 92-138, 18(a), 85 Stat. 390; Oct. 22, 1986, Pub. L.
99-514, 2, 100 Stat. 2095, provided that: ''The powers vested in the
Secretary under this Act (this chapter) shall terminate on December 31,
1974, or on March 31 of the year of termination of the tax imposed by
section 4501(a) of the Internal Revenue Code of 1986 (formerly IRC 1954)
(section 4501(a) of Title 26) whichever is the earlier date, except that
the Secretary shall have power to make payments under title III
(subchapter III of this chapter) --
''(1) under programs applicable to the crop year 1974 and previous
crop years, if the powers vested in the Secretary otherwise terminate on
December 31, 1974, or
''(2) under programs applicable to the crop years preceding the
calendar year in which the tax imposed under section 4501(a) of the
Internal Revenue Code of 1986 (formerly I.R.C. 1954) terminates, if the
powers vested in the Secretary otherwise terminate before December 31,
1974.''
07 USC SUBCHAPTER I -- DEFINITIONS
TITLE 7 -- AGRICULTURE
07 USC 1101. Omitted
TITLE 7 -- AGRICULTURE
Section, acts Aug. 8, 1947, ch. 519, title I, 101, 61 Stat. 922;
May 29, 1956, ch. 342, 1-4, 70 Stat. 217; June 25, 1959, Pub. L.
86-70, 4, 73 Stat. 141; July 6, 1960, Pub. L. 86-592, 4, 74 Stat.
331; Oct. 14, 1971, Pub. L. 92-138, 2, 85 Stat. 379, related to
definitions and expired on Dec. 31, 1974.
A prior section, act Sept. 1, 1937, ch. 898, title I, 101, 50 Stat.
903, relating to similar subject matter, expired on Dec. 31, 1947.
07 USC SUBCHAPTER II -- QUOTA PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 1111 to 1122. Omitted
TITLE 7 -- AGRICULTURE
Section 1111, acts Aug. 8, 1947, ch. 519, title II, 201, 61 Stat.
923; May 29, 1956, ch. 342, 5, 70 Stat. 217; July 13, 1962, Pub. L.
87-535, 2, 76 Stat. 156; Nov. 8, 1965, Pub. L. 89-331, 2, 79 Stat.
1271; Oct. 14, 1971, Pub. L. 92-138, 3, 85 Stat. 379, related to
annual consumption estimate in the continental United States, the price
of objective, and definitions of parity index and wholesale price index
and expired on Dec. 31, 1974.
A prior section 1111, acts Sept. 1, 1938, ch. 898, title II, 201,
50 Stat. 904; Oct. 10, 1940, ch. 839, 2, 54 Stat. 1093, relating to
similar subject matter, expired on Dec. 31, 1947.
Section 1112, acts Aug. 8, 1947, ch. 519, title II, 202, 61 Stat.
924; Sept. 1, 1951, ch. 379, 1, 65 Stat. 318; May 29, 1956, ch.
342, 6-8, 70 Stat. 217-219; July 13, 1962, Pub. L. 87-535, 3, 76
Stat. 156; July 19, 1962, Pub. L. 87-539, 2(a), (b), 76 Stat. 169;
Nov. 8, 1965, Pub. L. 89-331, 3, 79 Stat. 1271; Oct. 14, 1971, Pub.
L. 92-138, 4, 85 Stat. 380, related to establishment or revision of
quotas and expired on Dec. 31, 1974.
A prior section 1112, act Sept. 1, 1937, ch. 898, title II, 202, 50
Stat. 905, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1113, acts Aug. 8, 1947, ch. 519, title II, 203, 61 Stat.
925; July 6, 1960, Pub. L. 86-592, 4, 74 Stat. 331, related to
consumption estimate in Hawaii and Puerto Rico and to quotas and expired
on Dec. 31, 1974.
A prior section 1113, act Sept. 1, 1937, ch. 898, title II, 203, 50
Stat. 905, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1114, acts Aug. 8, 1947, ch. 519, title II, 204, 61 Stat.
925; Sept. 1, 1951, ch. 379, 2, 65 Stat. 319; May 29, 1956, ch.
342, 9, 70 Stat. 219; July 13, 1962, Pub. L. 87-535, 4, 76 Stat.
160; July 19, 1962, Pub. L. 87-539, 2(c), 76 Stat. 169; Nov. 8, 1965,
Pub. L. 89-331, 4, 79 Stat. 1275; Oct. 14, 1971, Pub. L. 92-138, 5,
85 Stat. 383, related to revision of proration upon productive
deficiency of quota area and expired on Dec. 31, 1974.
A prior section 1114, act Sept. 1, 1937, ch. 898, title II, 204, 50
Stat. 905, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1115, acts Aug. 8, 1947, ch. 519, title II, 205, 61 Stat.
926; May 29, 1956, ch. 342, 10, 70 Stat. 219; Aug. 28, 1958, Pub.
L. 85-791, 28, 72 Stat. 950; July 6, 1960, Pub. L. 86-592, 4, 74
Stat. 331; July 13. 1962, Pub. L. 87-535, 5, 76 Stat. 160; Nov.
8, 1965, Pub. L. 89-331, 5, 79 Stat. 1276; Oct. 14, 1971, Pub. L.
92-138, 6, 85 Stat. 384, related to allotments of quotas or prorations
and expired on Dec. 31, 1974.
A prior section 1115, act Sept. 1, 1937, ch. 898, title II, 205, 50
Stat. 906, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1116, acts Aug. 8, 1947, ch. 519, title II, 206, 61 Stat.
927; July 13, 1962, Pub. L. 87-535, 6, 76 Stat. 161; Nov. 8, 1965,
Pub. L. 89-331, 6, 79 Stat. 1277; Oct. 14, 1971, Pub. L. 92-138, 7,
85 Stat. 384, related to products and mixtures containing sugar and
expired on Dec. 31, 1974.
A prior section 1116, act Sept. 1, 1937, ch. 898, title II, 206, 50
Stat. 907, related to temporary sugar quotas until sugar quotas for
calendar year 1937 could be established, which was to be within 60 days
after enactment of section.
Section 1117, acts Aug. 8, 1947, ch. 519, title II, 207, 61 Stat.
927; Sept. 1, 1951, ch. 379, 3, 65 Stat. 319; May 29, 1956, ch.
342, 11, 12, 70 Stat. 219, 220; July 13, 1962, Pub. L. 87-535, 7, 76
Stat. 161; July 19, 1962, Pub. L. 87-539, 2(d), 76 Stat. 170; Nov.
8, 1965, Pub. L. 89-331, 7, 79 Stat. 1277; Oct. 14, 1971, Pub. L.
92-138, 8, 85 Stat. 385, related to amount of quota to be filled by
direct-consumption sugar and expired on Dec. 31, 1974.
A prior section 1117, acts Sept. 1, 1937, ch. 898, title II, 207,
50 Stat. 908; Oct. 15, 1940, ch. 887, 4, 5, 54 Stat. 1178, relating
to similar subject matter, expired on Dec. 31, 1947.
Section 1118, acts Aug. 8, 1947, ch. 519, title II, 208, 61 Stat.
928; Sept. 1, 1951, ch. 379, 4, 65 Stat. 319; July 13, 1962, Pub.
L. 87-535, 8, 76 Stat. 162, related to liquid sugar foreign quotas and
expired on Dec. 31, 1974.
A prior section 1118, act Sept. 1, 1937, ch. 898, title II, 208, 50
Stat. 908, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1119, acts Aug. 8, 1947, ch. 519, title II, 209, 61 Stat.
928; July 6, 1960, Pub. L. 86-592, 4, 74 Stat. 331; July 13, 1962,
Pub. L. 87-535, 9, 76 Stat. 162; Nov. 8, 1965, Pub. L. 89-331, 8, 79
Stat. 1278; Oct. 14, 1971, Pub. L. 92-138, 9, 85 Stat. 386, related
to prohibited acts and expired on Dec. 31, 1974.
A prior section 1119, act Sept. 1, 1937, ch. 898, title II, 209, 50
Stat. 908, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1120, act Aug. 8, 1947, ch. 519, title II, 210, 61 Stat.
928, related to terminology of determinations and expired on Dec. 31,
1974.
A prior section 1120, act Sept. 1, 1937, ch. 898, title II, 210, 50
Stat. 908, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1121, acts Aug. 8, 1947, ch. 519, title II, 211, 61 Stat.
928; July 13, 1962, Pub. L. 87-535, 10, 76 Stat. 162; Oct. 14, 1971,
Pub. L. 92-138, 10, 85 Stat. 386, related to credit against quota and
expired on Dec. 31, 1974.
A prior section 1121, act Sept. 1, 1937, ch. 898, title II, 211, 50
Stat. 909, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1122, acts Aug. 8, 1947, ch. 519, title II, 212, 61 Stat.
929; July 13, 1962, Pub. L. 87-535, 11, 76 Stat. 163; Nov. 8, 1965,
Pub. L. 89-331, 9(a), 79 Stat. 1278; Oct. 14, 1971, Pub. L. 92-138,
11, 85 Stat. 386, related to exceptions to quota provisions and expired
on Dec. 31, 1974.
A prior section 1122, act Sept. 1, 1937, ch. 898, title II, 212, 50
Stat. 909, relating to similar subject matter, expired on Dec. 31,
1947.
07 USC 1123. Repealed. Pub. L. 89-331, 10, Nov. 8, 1965, 79 Stat.
1278
TITLE 7 -- AGRICULTURE
Section, act Aug. 8, 1947, ch. 519, title II, 213, as added July
13, 1962, Pub. L. 87-535, 12, 76 Stat, 163, and amended July 19, 1962,
Pub. L. 87-539, 2(e), 76 Stat. 170, made provision for import fees and
set the amount and basis for such fees.
Repeal effective Jan. 1, 1965, pursuant to section 14 of Pub. L.
89-331.
07 USC SUBCHAPTER III -- CONDITIONAL-PAYMENT PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 1131 to 1137. Omitted
TITLE 7 -- AGRICULTURE
Section 1131, acts Aug. 8, 1947, ch. 519, title III, 301, 61 Stat.
929; May 29, 1956, ch. 342, 13, 70 Stat. 220; July 13, 1962, Pub.
L. 87-535, 13(a), 76 Stat. 163, related to conditions of production and
expired on Dec. 31, 1974.
A prior section 1131, acts Sept. 1, 1937, ch. 898, title III, 301,
50 Stat. 909; June 25, 1940, ch. 423, 54 Stat. 571; Dec. 26, 1941,
ch. 638, 2, 55 Stat. 872, relating to similar subject matter, expired
on Dec. 31, 1947.
Section 1132, acts Aug. 8, 1947, ch. 519, title III, 302, 61 Stat.
930; May 29, 1956, ch. 342, 14, 70 Stat. 220; July 13, 1962, Pub.
L. 87-535, 13(b), (c), 76 Stat. 163; Nov. 8, 1965, Pub. L. 89-331, 11,
79 Stat. 1278; Oct. 14, 1971, Pub. L. 92-138, 12, 85 Stat. 386,
related to quantity of sugar and time for payments and expired on Dec.
31, 1974.
A prior section 1132, act Sept. 1, 1937, ch. 898, title III, 302,
50 Stat. 910, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1133, acts Aug. 8, 1947, ch. 519, title III, 303, 61 Stat.
930; Oct. 14, 1971, Pub. L. 92-138, 13, 85 Stat. 388, related to
acreage abandonment and crop deficiency and expired on Dec. 31, 1974.
A prior section 1133, act Sept. 1, 1937, ch. 898, title III, 303,
50 Stat. 911, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1134, act Aug. 8, 1947, ch. 519, title III, 304, 61 Stat.
931, related to computation of payments and recipients thereof and
expired on Dec. 31, 1974.
A prior section 1134, acts Sept. 1, 1937, ch. 898, title III, 304,
50 Stat. 911; Dec. 26, 1941, ch. 638, 3, 55 Stat. 873, relating to
similar subject matter, expired on Dec. 31, 1947.
Section 1135, act Aug. 8, 1947, ch. 519, title III, 305, 61 Stat.
932, related to cooperation with Secretary by certain agencies and
expired on Dec. 31, 1974.
A prior section 1135, act Sept. 1, 1937, ch. 898, title III, 305,
50 Stat. 912, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1136, act Aug. 8, 1947, ch. 519, title III, 306, 61 Stat.
932, related to finality of Secretary's determinations and expired on
Dec. 31, 1974.
A prior section 1136, act Sept. 1, 1937, ch. 898, title III, 306,
50 Stat. 912, relating to similar subject matter, expired on Dec. 31,
1947.
Section 1137, acts Aug. 8, 1947, ch. 519, title III, 307, 61 Stat.
932; July 6, 1960, Pub. L. 86-592, 4, 74 Stat. 331; Oct. 14, 1971,
Pub. L. 92-138, 14, 85 Stat. 388, related to territorial application
of former subchapter III and expired on Dec. 31, 1974.
A prior section 1137, acts Sept. 1, 1937, ch. 898, title III, 307,
50 Stat. 912; Dec. 26, 1941, ch. 638, 4(a), 55 Stat. 873, relating
to similar subject matter, expired on Dec. 31, 1947.
07 USC SUBCHAPTER IV -- ADMINISTRATIVE PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 1151 to 1161. Omitted
TITLE 7 -- AGRICULTURE
Section 1151, act Aug. 8, 1947, ch. 519, title IV, 401, 61 Stat.
932, related to expenditures by Secretary and expired Dec. 31, 1974.
A prior section 1151, act Sept. 1, 1937, ch. 898, title IV, 401, 50
Stat. 912, relating to definitions with respect to excise taxes on
sugar, expired on Dec. 31, 1947.
Section 1152, act Aug. 8, 1947, ch. 519, title IV, 402, 61 Stat.
932; Nov. 8, 1965, Pub. L. 89-331, 12(1), 79 Stat. 1279, related to
authorization of appropriations and to availability of funds and expired
on Dec. 31, 1974.
A prior section 1152, act Sept. 1, 1937, ch. 898, title IV, 402, 50
Stat. 913, relating to tax on the manufacture of sugar, expired on Dec.
31, 1947.
Section 1153, acts Aug. 8, 1947, ch. 519, title IV, 403, 61 Stat.
932; Oct. 14, 1971, Pub. L. 92-138, 15, 85 Stat. 388, related to
rules and regulations, violations, publication of determinations, and
independent weighmasters and expired on Dec. 31, 1974.
A prior section 1153, act Sept. 1, 1937, ch. 898, title IV, 403, 50
Stat. 913, relating to an import compensating tax, expired on Dec. 31,
1947.
Section 1154, acts Aug. 8, 1947, ch. 519, title IV, 404, 61 Stat.
932; June 25, 1948, ch. 646, 1, 62 Stat. 909; July 13, 1962, Pub.
L. 87-535, 14, 76 Stat. 166; Oct. 14, 1971, Pub. L. 92-138, 16, 85
Stat. 389, related to court jurisdiction and expired on Dec. 31, 1974.
A prior section 1154, act Sept. 1, 1937, ch. 898, title IV, 404, 50
Stat. 914, relating to exportation of manufactured sugar and use of
manufactured sugar in livestock feed or for distillation of alcohol,
expired on Dec. 31, 1947.
Section 1155, acts Aug. 8, 1947, ch. 519, title IV, 405, 61 Stat.
933; May 29, 1956, ch. 342, 15, 70 Stat. 220, related to forfeitures
and expired on Dec. 31, 1974.
A prior section 1155, act Sept. 1, 1937, ch. 898, title IV, 405, 50
Stat. 914, relating to collection of taxes, expired on Dec. 31, 1947.
Section 1156, act Aug. 8, 1947, ch. 519, title IV, 406, 61 Stat.
933, related to duty to furnish information and penalty for
noncompliance and expired on Dec. 31, 1974.
A prior section 1156, act Sept. 1, 1937, ch. 898, title IV, 406, 50
Stat. 914, relating to effective date of said title IV, expired on Dec.
31, 1947.
Section 1157, acts Aug. 8, 1947, ch. 519, title IV, 407, 61 Stat.
933; May 29, 1956, ch. 342, 16, 70 Stat. 220, related to prohibition
of and penalty for sugar investments by officials and expired on Dec.
31, 1974.
Section 1158, acts Aug. 8, 1947, ch. 519, title IV, 408, 61 Stat.
933; July 6, 1960, Pub. L. 86-592, 3, 74 Stat. 330; Mar. 31, 1961,
Pub. L. 87-15, 3, 75 Stat. 40; July 13, 1962, Pub. L. 87-535, 15, 76
Stat. 166; Nov. 8, 1965, Pub. L. 89-331, 512(2)-(4), 79 Stat. 1279,
1280; Oct. 14, 1971, Pub. L. 92-138, 17, 85 Stat. 389, related to
suspension of quota and authorization provisions and expired on Dec.
31, 1974.
Section 1159, act Aug. 8, 1947, ch. 519, title IV, 409, 61 Stat.
933, related to surveys and investigations by Secretary and to
producer-processor and producer-labor contracts and expired on Dec. 31,
1974.
Section 1160, act Aug. 8, 1947, ch. 519, title IV, 410, 61 Stat.
933, related to general conditions and factors affecting accomplishment
of purposes of this chapter and publication of information and expired
on Dec. 31, 1974.
Section 1161, act Aug. 8, 1947, ch. 519, title IV, 411, added May
29, 1956, ch. 342, 17, 70 Stat. 221, related to regulations to carry
out international agreements restricting sugar importations and expired
on Dec. 31, 1974.
07 USC SUBCHAPTER V -- GENERAL PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 1171. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
649
TITLE 7 -- AGRICULTURE
Section, act Sept. 1, 1937, ch. 898, title V, 501, 50 Stat. 915,
authorized Secretary of Agriculture to appoint and fix compensation of
employees and make expenditures necessary to carry out Sugar Act of
1937, which expired on Dec. 31, 1947.
07 USC 1172 to 1183. Omitted
TITLE 7 -- AGRICULTURE
Section 1172, act Sept. 1, 1937, ch. 898, title V, 502, 50 Stat.
915, related to annual appropriation and availability of funds, expired
on Dec. 31, 1947, and was covered by section 402 of the Sugar Act of
1948, which was set out as former section 1152 of this title.
Section 1173, acts Sept. 1, 1937, ch. 898, title V, 503, 50 Stat.
915; Oct. 15, 1940, ch. 887, 3, 54 Stat. 1178; Dec. 26, 1941, ch.
638, 6, 55 Stat. 873; June 20, 1944, ch. 266, 2, 58 Stat. 284,
related to appropriation of funds for transfer to Commonwealth of
Philippine Islands for use in economic adjustment and expired Dec. 31,
1947.
Section 1174, act Sept. 1, 1937, ch. 898, title V, 504, 50 Stat.
915, related to rules and regulations and fines for violations, expired
on Dec. 31, 1947, and was covered by section 403 of the Sugar Act of
1948, which was set out as former section 1153 of this title.
Section 1175, act Sept. 1, 1937, ch. 898, title V, 505, 50 Stat.
915, related to court jurisdiction, expired on Dec. 31, 1947, and was
covered by section 404 of the Sugar Act of 1948, which was set out as
former section 1154 of this title.
Section 1176, act Sept. 1, 1937, ch. 898, title V, 506, 50 Stat.
915, related to forfeitures, expired on Dec. 31, 1947, and was covered
by section 405 of the Sugar Act of 1948, which was set out as former
section 1155 of this title.
Section 1177, act Sept. 1, 1937, ch. 898, title V, 507, 50 Stat.
916, related to duty to furnish information and to penalty for
noncompliance, expired on Dec. 31, 1947, and was covered by section 406
of the Sugar Act of 1948, which was set out as former section 1156 of
this title.
Section 1178, act Sept. 1, 1937, ch. 898, title V, 508, 50 Stat.
916, related to prohibition of and penalty for sugar investments by
officials, expired on Dec. 31, 1947, and was covered by section 407 of
the Sugar Act of 1948, which was set out as former section 1157 of this
title. See section 7240 of Title 26, Internal Revenue Code.
Section 1179, act Sept. 1, 1937, ch. 898, title V, 509, 50 Stat.
916, related to Presidential powers during an emergency, expired on Dec.
31, 1947, and was covered by section 408 of the Sugar Act of 1948,
which was set out as former section 1158 of this title.
Section 1180, act Sept. 1, 1937, ch. 898, title V, 510, 50 Stat.
916, specified laws which would become inapplicable to sugar on
enactment of Sugar Act of 1937, and expired on Dec. 31, 1947.
Section 1181, act Sept. 1, 1937, ch. 898, title V, 511, 50 Stat.
916, related to surveys and investigations of producer-processor and
producer-laborer contracts, expired on Dec. 31, 1947, and was covered by
section 409 of the Sugar Act of 1948, which was set out as former
section 1159 of this title.
Section 1182, act Sept. 1, 1937, ch. 898, title V, 512, 50 Stat.
916, related to general conditions and factors affecting accomplishment
of purposes of the Sugar Act of 1937, expired on Dec. 31, 1947, and was
covered by section 410 of the Sugar Act of 1948, which was set out as
former section 1160 of this title.
Section 1183, acts Sept. 1, 1937, ch. 898, title V, 513, 50 Stat.
916; Oct. 15, 1940, ch. 887, 1, 54 Stat. 1178; Dec. 26, 1941, ch.
638, 1, 55 Stat. 872; June 20, 1944, ch. 266, 1, 58 Stat. 283; July
27, 1946, ch. 685, 1, 60 Stat. 706, specified that the powers of the
Secretary under the Sugar Act of 1937 were to terminate on Dec. 31,
1947. Similar provisions as to termination under the Sugar Act of 1948
are contained in section 412 of act Aug. 8, 1947, ch. 519, 61 Stat.
933, set out as a note under former section 1100 of this title.
07 USC
TITLE 7 -- AGRICULTURE
07 USC CHAPTER 35 -- AGRICULTURAL ADJUSTMENT ACT OF 1938
TITLE 7 -- AGRICULTURE
Sec.
1281. Short title.
1282. Declaration of policy.
1282a. Emergency supply of agricultural products
(a) Establishment of prices to insure orderly, adequate and steady
supply of products.
(b) Adjustments in maximum price of products subject to any price
control or freeze order or regulation to increase supply.
(c) ''Agricultural products'' defined.
(d) Implementation of policies to encourage full production in
periods of short supply at fair and reasonable prices.
1291. Adjustments in freight rates.
(a) Complaints by Secretary of Agriculture; notice of hearings.
(b) Secretary as party to proceedings.
(c) Utilization of records, services, etc., of Department of
Agriculture.
(d) Cooperation with complaining farm associations.
1292. New uses and markets for commodities.
(a) Regional research laboratories.
(b) Acquisition of land for laboratories; donations.
(c) Cooperation with governmental agencies, associations, etc.
(d) Appropriation for purposes of subsection (a).
(e) Repealed.
(f) Appropriation to Secretary of Commerce.
(g) Duty of Secretary.
1293. Transferred.
1301. Definitions.
(a) General definitions.
(b) Definitions applicable to one or more commodities.
(c) Use of Federal statistics.
(d) Exclusion of stocks of certain commodities.
1301a. References to parity prices, etc., in other laws after
January 1, 1950.
1301b, 1302. Repealed.
1303. Parity payments.
1304. Consumer safeguards.
1305. Transfer of acreage allotments or feed grain bases on public
lands upon request of State agencies.
1306. Projected yields; determination; base period.
1307. Limitation on payments under wheat, feed grains, and cotton
programs for 1974 through 1977 crops.
1308. Limitation on payments under wheat, feed grains, upland
cotton, extra long staple cotton, honey, and rice programs for 1987
through 1990 crops.
1308-1. Prevention of creation of entities to qualify as separate
persons; payments limited to active farmers.
(a) Prevention of creation of entities to qualify as separate
persons.
(b) Payments limited to active farmers.
1308-2. Schemes or devices.
1308-3. Foreign persons made ineligible for program benefits.
(a) In general.
(b) Corporations or other entities.
(c) Prospective application.
1308-4. Education program.
(a) In general.
(b) Training.
(c) Administration.
(d) Commodity Credit Corporation.
1308-5. Treatment of multiyear program contract payments.
(a) In general.
(b) Limitation.
1308a. Cost reduction options.
(a) Authority of Secretary to take action.
(b) Reservation of Secretary's right to reopen or change contracts if
producer agrees.
(c) Purchase from other sources of commodities covered by nonrecourse
loans.
(d) Reduction in settlement price of nonrecourse loans.
(e) Reopening of production control or loan programs to allow for
payment in kind.
(f) Other authorities of Secretary not affected.
1309. Normally planted acreage and target prices.
(a) Authorized planted acreage for 1982 through 1995 crops of wheat
and feed grains as prerequisite for loan, etc.; eligibility;
determinations; records.
(b) Established price payments.
(c) Marketing quotas in effect for 1987 through 1995 crops of wheat;
reduction in normally planted acreage as condition prerequisite for
loan, etc.
1310. American agriculture protection program.
(a) Determination of short supply; suspension of commercial export
sales; parity price.
(b) Duration of loan level.
(c) Definition.
1310a. Normal supply of commodity for 1986 through 1995 crops.
1311. Legislative findings.
1312. National marketing quota.
(a) Proclamation of quota.
(b) Announcement of amount of quota.
(c) Referendum on quotas.
1313. Apportionment of national marketing quota.
(a) Apportionment among States.
(b) Allotment of quota among producing farms.
(c) Allotment to previous nonproducing farms and small farms.
(d) Transfer of farm marketing quotas.
(e) Quota for 1938; minimum State allotments.
(f) Increase of 1938 quota.
(g) Conversion of national marketing quota into national acreage
allotment.
(h) Repealed.
(i) Increase of marketing quotas and acreage allotments to meet
demand.
(j) Tobacco acreage allotments for 1956, 1957, and 1958.
(j) Old farm tobacco acreage allotment.
1314. Penalties.
(a) Persons liable.
(b) Collection and deposit.
(c) Lien in favor of United States.
1314-1. Limitation on sale of tobacco floor sweepings.
(a) Penalty.
(b) Assessment; notice and opportunity for hearing; determination.
(c) Relation to other law.
(d) Definitions.
1314a. Repealed.
1314b. Lease or sale of acreage allotments.
(a) Conditions for permission from Secretary; false statements;
exceptions.
(b) Term of years; terms and conditions.
(c) Filing with county committees; calculation of normal yield for
transfer.
(d) Allotments for other years unaffected; inclusion of amount in
transferors' plantings; referendum voting rights.
(e) Limitation on amount of acreage allotment; ''tillable cropland''
defined.
(f) Regulations.
(g) Sale of allotment or quota by one active Flue-cured tobacco
producer to another; definition.
(h) Sale or forfeiture of allotment or quota; notice and opportunity
for hearing; determination; review.
(h) Transfer authority.
1314b-1. Mandatory sale of certain Flue-cured tobacco acreage
allotments and marketing quotas.
(a) Sale or forfeiture of acreage allotment or marketing quota by
institutional farmowners not later than the later of December 1, 1984,
or December 1 of year after year in which farm acquired.
(b) Forfeiture of acreage allotment or marketing quota by farmowners
on or after December 1, 1983.
(c) Notice and opportunity for hearing; determination; review.
1314b-2. Mandatory sale of certain Burley tobacco acreage allotments
and marketing quotas.
(a) Sale or forfeiture of marketing quota by institutional farmowners
not later than the later of December 1, 1984, or December 1 of year
after year in which farm acquired.
(b) Notice and opportunity for hearing; determination; review.
(c) Sale or forfeiture of allotment or quota by subsequent purchaser;
notice and opportunity for hearing; determination; review.
1314c. Acreage-poundage quotas.
(a) Definitions.
(b) National marketing quota, acreage allotment and average yield
goal for Flue-cured tobacco; referendum.
(c) Tobacco having marketing quotas on acreage basis; determination
of Secretary of program on acreage-poundage basis; announcement of
national marketing quota, acreage allotment and average yield goal;
referendum.
(d) Proclamation of national marketing quota for three years
following last year of three years of acreage-poundage quotas;
referendum; notice of farm marketing quota to farm operators.
(e) Nonestablishment of farm acreage allotment or farm yield for
farms without tobacco production for five years; reserve; ''new
farms'' defined; acreage allotment and farm yield basis of new farms.
(f) Acreage reduction penalties applicable to acreage-poundage
programs; farm marketing quota reductions; filing false reports;
increases or decreases in acreage allotments and farm yields for other
farms of owner displaced by agency acquisition of farms; leases and
sales of acreage allotments and farm marketing quotas; ratification of
transfers of acreage allotments.
(g) Marketing penalties.
(h) Burley tobacco; acreage-poundage basis: farm acreage allotment
and farm marketing quota, adjustments for overmarketing or
undermarketing, reductions for violations; acreage and quota additional
to national acreage allotment and national marketing quota; acreage
basis: acreage allotment, amendment of clause (1) and proviso of
section 1315.
(i) Consultations with industry representatives respecting a program
for each kind of tobacco, studies of Flue-cured tobacco acreage-poundage
program, report and recommendations to congressional committees, upon
referendum approval of Flue-cured tobacco acreage-poundage program.
(j) Treatment of falsely identified tobacco for purposes of
establishing future farm marketing quotas.
(k) Forfeiture of allotment and quota.
(l) Determination of Flue-cured tobacco planted acreage.
1314d. Fire-cured, dark air-cured, and Virginia sun-cured tobacco.
(a) Sale or lease of acreage allotments and acreage-poundage quotas.
(b) Conditions for transfers.
(c) Transfer of acreage history and marketing quota.
(d) Five-year restriction on new farm allotments or quotas.
(e) Allotment adjustment.
(f) Lease term.
(g) Acreage transfer maximums.
(h) Future allotments; referendum voting eligibility.
(i) Land utilization agreements; payment adjustments.
(j) Rules and regulations.
1314e. Farm poundage quotas for certain kinds of tobacco.
(a) Proclamations and referenda regarding burley tobacco.
(b) Proclamations and referenda regarding dark air-cured tobacco and
types 22 and 23 fire-cured tobacco.
(c) Amount of national marketing quota, determination; national
reserve, establishment.
(d) Farm yields; determination; limitation.
(e) Farm marketing quotas; preliminary quotas, determination,
limitation; succeeding years, quota computation, limitations, increase
and reduction of quotas; new farms, limitation.
(f) Reductions for false information.
(g) Leases and transfers of farm quotas; limitations.
(h) Loss of quotas through underplanting.
(i) Marketing penalties.
(j) Regulations.
(k) Lease and transfer of burley tobacco quota assigned.
(l) Lease and transfer of burley tobacco quotas in Tennessee and
Virginia.
1314f. Nonquota tobacco subject to quota.
1314g. Submission of purchase intentions by cigarette manufacturers.
(a) Quantity of intended purchases; aggregation not to allow
identification.
(b) Failure to submit; determination of quantity of intended
purchases by Secretary.
(c) Confidentiality of information; disclosure; publication of
identity of violators; penalties.
(d) Exemption from public disclosure.
1314h. Purchase requirements; penalty.
(a) Statement of quantity purchased during marketing year.
(b) Failure to purchase at least 90 percent of quantity of intended
purchases; reduction in quantity of intended purchases.
(c) Penalty for failure to purchase specified amount.
(d) Transmission of penalty by Secretary; deposit in No Net Cost
Fund or Account.
(e) Confidentiality of information submitted; disclosure;
publication of identity of violators; exemption from public disclosure;
penalties.
(f) ''Quota tobacco'' defined.
1315. Burley tobacco acreage allotments.
1316. Transfer of allotments subsequent to 1965.
1321. Legislative finding of effect on interstate and foreign
commerce and necessity of regulation.
1322 to 1325. Repealed.
1326. Adjustment of farm marketing quotas.
1327 to 1329. Omitted.
1329a. Discontinuance of acreage allotments on corn.
1330. Omitted.
1331. Legislative finding of effect on interstate and foreign
commerce and necessity of regulation.
1332. National marketing quota.
(a) Proclamation; duration of program.
(b) Amount; minimum.
(c) National emergencies or material increase in demand;
investigation; increase or termination.
(d) Farm marketing quotas for wheat crops planted in calendar years
1966-1970.
1333. National acreage allotment.
1334. Apportionment of national acreage allotment.
(a) Apportionment among States; special acreage reserve.
(b) Apportionment among counties.
(c) Apportionment among farms; overplanted allotments; reductions;
notice.
(d) Repealed.
(e) Increase in acreage allotments and marketing quotas for class II
durum wheat.
(f) Voluntary surrender of acreage allotment.
(g) Plantings in excess of allotments or where no allotment is
established.
(h) Omitted.
(i) Increase in acreage allotments for any kind of wheat in short
supply; storage reduction and land-use provisions inapplicable to such
wheat.
(j) Increased durum wheat acreage allotments to Tulelake area,
California, for 1970 and subsequent years; factors determinative;
effect of increased allotments on marketing allocations and diversion
payments.
(k) Transfer of farm wheat acreage allotments in case of natural
disasters.
1334a. Omitted.
1334a-1. Summer fallow farms; upper limit on required set aside
acreage for 1971 through 1977 wheat, feed grain, and cotton crops.
1334b. Designation of States outside commercial wheat-producing
areas.
1335. Small-farm exemption; small-farm base acreage; election;
acreage allotment; land-use provisions; price support; wheat
marketing certificates.
1336. Referendum.
1337. Repealed.
1338. Transfer of quotas.
1339. Land use.
(a) Penalties: computation, lien, joint and several liability and
interest; exceptions: nonsurplus supply crops, substantial impairment,
and nonproduction of wheat; diverted acreage: amount, annual identity,
and grazing; crops available for marketing.
(b) Payment program for 1964 through 1970 crops; terms and
conditions; amount; additional diverted acreage; conservation and
soil-conserving uses; adjustment; knowledge of exceeding acreage
allotment; acreage allotment not exceeded by delivery to Secretary of
farm marketing excess or storage in accordance with regulations to avoid
or postpone payment of penalty or by farms exempt from marketing quota;
new farms ineligible for payments; sharing and medium of payments.
(c) Adjustment of payments.
(d) Advance payments.
(e) Diverted acreage used for production of certain crops; rate of
payment; limitation on rate.
(f) Additional terms and conditions.
(g) Regulations.
(h) Commodity Credit Corporation funds and authorization of
appropriations for payments and administrative expenses.
1339a. Good faith reliance.
1339b. Wheat diversion programs; credits in establishment of State,
county and farm acreage allotments for wheat.
1339c. Feed grains diversion programs for 1964 and subsequent years;
feed grain acreage considered wheat acreage and wheat acreage
considered feed grain acreage.
1339d. Hay production on set-aside or diverted acreage; storage;
emergency use; loans.
1340. Supplemental provisions relating to wheat marketing quotas;
marketing penalty for rice; crop loans on cotton, wheat, rice, tobacco,
and peanuts.
1341. Legislative findings.
1342. National marketing quota; proclamation; amount; date of
proclamation.
1342a. National cotton production goal.
1343. Referendum.
1344. Apportionment of national acreage allotments.
(a) Basis.
(b) Apportionment among States for year 1953 and subsequent years;
adjustment; national acreage reserve.
(c) Apportionment among States for years 1950 and 1951; computation
and adjustment.
(d) Apportionment for year 1952; adjustment.
(e) Apportionment among counties; reservation of acreage;
additional acreage for establishing minimum farm allotments.
(f) Apportionment among farms.
(g) Law and conditions governing establishment of acreage allotments
and yields.
(h) Repealed.
(i) Excess planting; old and new farm allotment.
(j) Availability of records for inspection.
(k) Minimum allotments to States.
(l) Administration of law governing war crops.
(m) Acreage allotments, 1954; increases; apportionments;
limitations; unallotted farm acreage; reapportionment of surrendered
acreage; extra long staple cotton; reserve acreage.
(n) Transfer of farm cotton acreage allotments in case of natural
disasters; eligibility for allotment.
1344a. Exclusion of 1949 acreage in computation of future
allotments.
1344b. Sale, lease, or transfer of cotton acreage allotments.
(a) Authority for calendar years 1966 through 1970; transfer
periods.
(b) Requisite conditions for transfer of acreage allotments.
(c) Extent of estate transferred.
(d) Period of ineligibility of land for new allotment.
(e) Transfer of allotments established under minimum allotment
provisions.
(f) Rules and regulations.
(g) Adjustment upon transfer of land covered by conservation reserve
contract.
(h) Exchange of cotton acreage allotments for rice acreage
allotments.
(i) Applicability to cotton restricted to upland cotton.
1345. Farm marketing quotas; farm marketing excess.
1346. Penalties.
1347. Repealed.
1348. Payments in kind to equalize cost of cotton to domestic and
foreign users; rules and regulations; termination date; persons
eligible; amount; terms and conditions; raw cotton in inventory.
1349. Export market acreage.
(a) Supplementary allotments for 1964 and 1965; acreage limitation;
apportionment among States and farms; ''export market acreage'' on any
farm; farm acreage allotment for farms with export acreage; additional
allotment; establishment of future allotments without regard to export
acreage; exclusion of extra-long-staple cotton and farms receiving
additional price support for 1964 and 1965.
(b) Bond, other undertaking, and lieu payments for exportation
without subsidy and within specified period; terms and conditions;
liquidated damages; farm acreage allotment upon noncompliance with
conditions; remissions to CCC for defraying costs of encouraging export
sales of cotton.
1350. National base acreage allotment.
(a) Establishment.
(b) Apportionment to States.
(c) Apportionment to counties.
(d) Adjustment of apportionment bases for counties.
(e) Apportionment to farms.
(f) Surrender of farm base acreage allotments.
(g) Compliance with set-aside requirements.
(h) Transfer of farm base acreage allotments not planted because of
natural disaster or conditions beyond control of producer.
1350a. Repealed.
1351 to 1356. Omitted or Repealed.
1357. Legislative findings.
1358. National marketing quota.
(a) Proclamation; amount.
(b) Referendum.
(c) Apportionment of national acreage allotment.
(d) Farm acreage allotments.
(e) County acreage allotments.
(f) New farm allotments.
(g) Release and reapportionment of farm-acreage allotments.
(h) Repealed.
(i) Production on farms with no allotments.
(j) Transfer of acreage allotment.
1358-1. National poundage quotas and acreage allotments for 1991
through 1995 crops of peanuts.
(a) National poundage quotas.
(b) Farm poundage quotas.
(c) Farm yields.
(d) Referendum respecting poundage quotas.
(e) Definitions.
(f) Crops.
1358a. Transfer of peanut acreage allotments.
(a) Authority to permit transfers.
(b) Conditions upon transfer; adjustment of allotment.
(c) Transfer of acreage history and marketing quota; transfer by
lease.
(d) Eligibility of transferred land for new allotment.
(e) Duration of lease; terms and conditions.
(f) Lease of part of acreage allotment; determination of future
allotments; eligibility for referendum.
(g) Regulations; limitations on transfers.
(h) Adjustment of rates for land utilization agreements.
(i),(j) Omitted.
(k) Sale or lease of farm poundage quotas; limitations.
(l) Applicable conditions to transfers of farm poundage quotas.
1358b. Sale, lease, or transfer of farm poundage quota for 1991
through 1995 crops of peanuts.
(a) In general.
(b) Conditions.
(c) Crops.
1358c. Experimental and research programs for peanuts.
(a) In general.
(b) Quantity.
(c) Limitation.
(d) Crops.
1359. Marketing penalties.
1359a. Marketing penalties and disposition of additional peanuts for
1991 through 1995 crops of peanuts.
(a) Marketing penalties.
(b) Use of quota and additional peanuts.
(c) Marketing peanuts with excess quantity, grade, or quality.
(d) Handling and disposal of additional peanuts.
(e) Special export credits.
(f) Contracts for purchase of additional peanuts.
(g) Marketing of peanuts owned or controlled by Commodity Credit
Corporation.
(h) Administration.
(i) Crops.
1359aa. Information reporting.
(a) Duty of processors, refiners and manufacturers to report.
(b) Duty of producers to report.
(c) Penalty.
(d) Monthly reports.
1359bb. Marketing allotments for sugar and crystalline fructose.
(a) Sugar estimates.
(b) Sugar allotments.
(c) Crystalline fructose allotments.
(d) Prohibitions.
1359cc. Establishment of marketing allotments.
(a) In general.
(b) Overall allotment quantity.
(c) Allotment.
(d) Percentage factors.
(e) Marketing allotment.
(f) State cane sugar allotments.
(g) Adjustment of marketing allotments.
(h) Filling cane sugar and beet sugar allotments.
1359dd. Allocation of marketing allotments.
(a) In general.
(b) Filling cane sugar allotments.
1359ee. Reassignment of deficits.
(a) Estimates of deficits.
(b) Reassignment of deficits.
1359ff. Provisions applicable to producers.
(a) Processor assurances.
(b) Proportionate shares of certain allotments.
1359gg. Special rules.
(a) Transfer of acreage base history.
(b) Preservation of acreage base history.
(c) Revisions of allocations and proportionate shares.
1359hh. Regulations; violations; publication of Secretary's
determinations; jurisdiction of courts; United States attorneys.
(a) Regulations.
(b) Violation.
(c) Publication in Federal Register.
(d) Jurisdiction of courts; United States attorneys.
(e) Nonexclusivity of remedies.
1359ii. Appeals.
(a) In general.
(b) Procedure.
1359jj. Administration.
(a) Use of certain agencies.
(b) Use of Commodity Credit Corporation.
(c) ''United States'' and ''State'' defined.
1361. Application of subpart.
1362. Publication of marketing quota; mailing of allotment notice.
1363. Review of quota; review committee.
1364. Compensation of review committee.
1365. Institution of proceeding for court review of committee
findings.
1366. Court review.
1367. Stay of proceedings and exclusive jurisdiction.
1368. Effect of increase on other quotas.
1371. General adjustment of quotas.
(a) Investigation and adjustment to maintain normal supply.
(b) Adjustment because of emergency or export demand.
(c) Increase of farm quota on increase of national quota.
1372. Payment, collection, and refund of penalties.
1373. Reports and records.
(a) Persons reporting.
(b) Proof of acreage yield.
(c) Data as confidential.
1374. Measurement of farms and report of plantings; remeasurement.
1375. Regulations.
1376. Court jurisdiction; duties of United States attorneys;
remedies and penalties as additional.
1377. Preservation of unused acreage allotments.
1378. Transfer of acreage allotments ensuing from agency acquisition
of farm lands.
(a) Allotment pool.
(b) Circumstances precluding application of provisions.
(c) Time of displacement determining application of provisions.
(d), (e) Omitted.
(f) Burley tobacco marketing allotment and acreage as meaning
marketing quota and poundage.
1379. Reconstitution of farms.
(a) Transfers from parent farm.
(b) Combination of tracts in contiguous counties.
(c) Burley tobacco poundage quotas.
1379a. Legislative findings.
1379b. Wheat marketing allocation; amount; national allocation
percentage; commercial and noncommercial wheat-producing areas.
1379c. Marketing certificates.
(a) Issuance; amount; reduction; sharing among producers;
domestic and export certificates.
(b) Producers eligible for certificates; storage conditions.
(c) Face value.
(d) Statement or form of certificates and transfers.
(e) Failure of producer to comply with programs; issuance of
certificates.
1379d. Marketing restrictions.
(a) Transfers of certificates; purchases by Commodity Credit
Corporation.
(b) Processor and exporter acquisition of domestic and export
certificates; international trade, expansion; refunds or credits for
certificates; exemptions from requirements.
(c) Undertaking to secure marketing of commodity without certificate.
(d) ''Food products'' defined; exemption of flour second clears.
1379e. Assistance in purchase and sale of marketing certificates;
regulations; administrative expenses; interest.
1379f. Conversion factors.
1379g. Authority to facilitate transition.
1379h. Applicability of provisions to designated persons; reports
and records; examinations by the Secretary.
1379i. Penalties.
(a) Forfeitures; amount; civil action.
(b) Misdemeanors; punishment.
(c) Forfeiture of right to receive certificates; payment of face
value.
(d) Felonies; punishment.
1379j. Regulations.
1380a to 1380p. Omitted.
1381 to 1382. Omitted.
1383. Insurance of cotton; reconcentration.
1383a. Written consent for reconcentration of cotton.
1384. Repealed.
1385. Finality of payments and loans; substitution of
beneficiaries.
1386. Exemption from laws prohibiting interest of members of
Congress in contracts.
1387. Photographic reproductions and maps.
1388. Utilization of local agencies.
(a) Designation of local agencies and local administrative areas.
(b) Payments to county committees for administrative expenses.
(c) Travel expenses.
1389. Personnel.
1390. Separability.
1391. Authorization of appropriations; loans from Commodity Credit
Corporation.
1392. Administrative expenses; posting names and compensation of
local employees.
1393. Allotment of appropriations.
1401 to 1407. Omitted.
07 USC GENERAL PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 1281. Short title
TITLE 7 -- AGRICULTURE
This chapter may be cited as the ''Agricultural Adjustment Act of
1938''.
(Feb. 16, 1938, ch. 30, 1, 52 Stat. 31.)
Pub. L. 101-577, 1, Nov. 15, 1990, 104 Stat. 2856, provided:
''That this Act (amending sections 1314e and 1379 of this title) may be
cited as the 'Farm Poundage Quota Revisions Act of 1990'.''
Pub. L. 99-198, title XVIII, 1801, Dec. 23, 1985, 99 Stat. 1660,
provided that: ''Except as otherwise provided in this Act, this Act and
the amendments made by this Act (see Tables for classification) shall
become effective on the date of the enactment of this Act (Dec. 23,
1985).''
Pub. L. 99-260, 1, Mar. 20, 1986, 100 Stat. 45, provided that:
''This Act (enacting section 1433c-1 of this title, amending sections
259, 1431, 1441-1, 1444-1, 1444e, 1445b-3, 1446, 1464, 1466, 1736-1,
1736s, and 1736v of this title, section 5312 of Title 5, Government
Organization and Employees, and section 714b of Title 15, Commerce and
Trade, enacting provisions set out as notes under sections 608c, 1441-1,
and 1446 of this title, and amending provisions set out as a note under
section 2025 of this title) may be cited as the 'Food Security
Improvements Act of 1986'.''
Pub. L. 99-198, 1, Dec. 23, 1985, 99 Stat. 1354, provided that:
''This Act (see Tables for classification) may be cited as the 'Food
Security Act of 1985'.''
Pub. L. 97-218, 1, July 20, 1982, 96 Stat. 197, provided that:
''This Act (enacting sections 1314-1, 1314b-1, 1314b-2, 1445-1, and
1445-2 of this title, amending sections 1301, 1314, 1314b, 1314c, 1314e,
1314f, 1316, 1373, and 1445 of this title, and enacting provisions set
out as notes under sections 1314, 1314b, 1445, 1445-1, and 1445-2 of
this title, and under section 590h of Title 16, Conservation) may be
cited as the 'No Net Cost Tobacco Program Act of 1982'.''
Pub. L. 97-98, 1, Dec. 22, 1981, 95 Stat. 1213, provided in part
that Pub. L. 97-98 (see Tables for classification) be cited as the
''Agriculture and Food Act of 1981''.
Pub. L. 95-113, 1, Sept. 29, 1977, 91 Stat. 913, provided: ''That
this Act (enacting sections 1308 to 1310, 1444c, 1445b to 1445f, 1715,
2027, 2266, 2267, 2281 to 2289, 2669, 2670, 3101 to 3103, 3121 to 3128,
3151 to 3154, 3171 to 3178, 3191 to 3201, 3221, 3222, 3241, 3251, 3252,
3261 to 3263, 3271, 3281, 3282, 3291, 3301 to 3304, 3311 to 3316, and
3401 to 3417 of this title and section 590q-3 of Title 16, Conservation,
amending sections 75 to 79b, 84, 87 to 87b, 87e, 87f-1, 87f-2, 87h, 341
to 343, 361c, 390 to 390j, 427, 450i, 450j, 450l, 608e-1, 612c-3, 1011,
1307, 1352, 1358 to 1359, 1373, 1374, 1377, 1385, 1427 to 1428, 1431,
1441, 1444, 1446, 1446a, 1447, 1622, 1702, 1724, 1731 to 1733, 1736b,
1736c, 1781, 1782, 1923, 1929, 1929a, 1932, 1942, 2011 to 2026, 2201,
2204, 2652, 2654, 2662, 2663, and 2667 of this title, section 714b of
Title 15, Commerce and Trade, sections 590h, 590o, 1002, 1005, 1006a,
and 1505 of Title 16, and section 6651 of Title 42, The Public Health
and Welfare, repealing section 390k of this title, enacting provisions
set out as notes under this section, sections 74, 75a, 612c, 1307, 1330,
1331, 1342, 1352, 1353, 1358, 1358a, 1359, 1373, 1377, 1379d, 1385,
1427, 1428, 1441, 1444, 1444b, 1444c, 1445a to 1445c, 1446, 1446d, 1447,
1691, 2011, 2012, 2266, 3101, and 3401 of this title, and section 714b
of Title 15, and amending provisions set out as notes under sections 74,
79, 135b, 608c, 612c, 1308, and 2011 of this title and under section
1382e of Title 42) may be cited as the 'Food and Agriculture Act of
1977'.''
Pub. L. 93-86, 6, formerly 5, Aug. 10, 1973, 87 Stat. 250, as
renumbered Pub. L. 95-113, title XIII, 1304(b)(1), Sept. 29, 1977, 91
Stat. 980, provided that: ''This Act (enacting sections 428b, 612c-2,
612c-3, 1282a, 1427a, 1434, 1441a, 1736e, and 2026 of this title and
sections 1501 to 1510 of Title 16, Conservation, amending sections 450j,
450l, 608c, 1301, 1305, 1306, 1307, 1334a-1, 1342a, 1344b, 1350, 1374,
1379b, 1379c, 1379g, 1428, 1444, 1444b, 1445a, 1446, 1446a, 1703, 1736c,
1782, 1787, 1925, 1926, 1932, 2012, 2014, 2016, 2019, 2025, 2119, 2651,
and 2654 of this title, repealing section 1628 of this title, enacting
provisions set out as notes under sections 608c, 612c, 624, 1301, 1305,
1306, 1344b, 1350, 1379b, 1379c, 1379d, 1441, 1444, 1445a, and 1446 of
this title, section 142 of Title 13, Census, and section 71 of Title 45,
Railroads, and amending provisions set out as notes under sections 135b,
608c, 1305, 1330 to 1336, 1338, 1339, 1342, 1343, 1344, 1344b, 1345,
1346, 1377 to 1379, 1379b, 1379c, 1385, 1427, 1428, 1441, 1445a, 1446,
and 1446d of this title) may be cited as the 'Agriculture and Consumer
Protection Act of 1973'.''
Pub. L. 91-524, 1, Nov. 30, 1970, 84 Stat. 1358, provided: ''That
this Act (as amended by section 1 of Pub. L. 93-86, enacting sections
428b, 612c-2, 612c-3, 1282a, 1307, 1334a-1, 1339d, 1342a, 1350a, 1427a,
1434, 1441a, 1736e, 1787, 1930, and 2119 of this title, sections 590q-2
and 1501 to 1510 of Title 16, Conservation, and section 3122 of Title
42, The Public Health and Welfare, amending sections 450j, 450l, 608c,
1301, 1305, 1306, 1344b, 1350, 1374, 1378, 1379, 1379b, 1379c, 1379d,
1379e, 1379g, 1385, 1427, 1428, 1444, 1444a, 1444b, 1445a, 1446, 1446a,
1703, 1704, 1736, 1736c, 1782, 1787, 1925, 1926, 1932, 2651, and 2654 of
this title and section 590p of Title 16, Conservation, and enacting
provisions set out as notes under sections 135b, 608c, 624, 1301, 1305,
1306, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1338, 1339, 1342, 1342a,
1343, 1344, 1344b, 1345, 1346, 1350, 1359, 1377, 1378, 1379, 1379b to
1379j, 1385, 1427, 1428, 1441, 1444, 1444b, 1445, 1445a, 1446, and 1446d
of this title, section 142 of Title 13, Census, and section 71 of Title
45 Railroads) may be cited as the 'Agricultural Act of 1970'.''
Pub. L. 88-297, 1, Apr. 11, 1964, 78 Stat. 173, provided: ''That
this Act (enacting sections 1348 to 1350, amending sections 1301, 1334,
1336, 1339, 1344, 1376, 1377, 1379b, 1379c, 1379d, 1385, 1421, 1427,
1444, 1445a, enacting provisions set out as notes under sections 1332
and 1379b, and amending provisions set out as a note under section 1441
of this title) may be cited as the 'Agricultural Act of 1964'.''
Section 1 of Pub. L. 87-703 provided: ''That this Act (enacting
sections 1334b, 1339 to 1339c, 1379a to 1379j, 1431d, 1445a and 1991 of
this title and section 713a-13 of Title 15, Commerce and Trade, amending
sections 608c, 1010, 1011, 1301, 1331 to 1334, 1335, 1336, 1340, 1371,
1385, 1427, 1431, 1431b, 1444b, 1697, 1731 to 1733, 1735, 1736, 1923,
1926, 1929, and 1942 of this title and sections 590g, 590h, 590p, 1004
and 1005 of Title 16, Conservation, repealing section 1337 of this
title, enacting provisions set out as notes under sections 1281, 1301,
1334, and 1441 of this title and section 590p of Title 16) may be cited
as the 'Food and Agriculture Act of 1962'.''
Pub. L. 85-835, 1, Aug. 28, 1958, 72 Stat. 988, provided that:
''This Act (enacting sections 1344 note, 1378, 1431a, 1441 note, 1443,
1444, 1853 note, amending sections 1313, 1334, 1342, 1344, 1347, 1353,
1358, 1423, 1425, 1427, 1441, 1446, 1446a, 1782 to 1784, and repealing
section 1301b of this title) may be cited as the 'Agricultural Act of
1958'''.
Act May 28, 1956, ch. 327, 1, 70 Stat. 188, provided: ''That this
Act (see Tables for classification) may be cited as the 'Agricultural
Act of 1956'.''
Act July 3, 1948, ch. 827, 62 Stat. 1247, provided: ''That this
Act (see Tables for classification) may be cited as the 'Agricultural
Act of 1948'.''
Section 405 of Pub. L. 87-703 provided that: ''If any provision of
this Act (see Short Title of 1962 Amendment note above) is declared
unconstitutional, or the applicability thereof to any person or
circumstance is held invalid, the validity of the remainder of this Act
and the applicability thereof to other persons and circumstances shall
not be affected thereby.''
07 USC 1282. Declaration of policy
TITLE 7 -- AGRICULTURE
It is declared to be the policy of Congress to continue the Soil
Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590a et
seq.), for the purpose of conserving national resources, preventing the
wasteful use of soil fertility, and of preserving, maintaining, and
rebuilding the farm and ranch land resources in the national public
interest; to accomplish these purposes through the encouragement of
soil-building and soil-conserving crops and practices; to assist in the
marketing of agricultural commodities for domestic consumption and for
export; and to regulate interstate and foreign commerce in cotton,
wheat, corn, tobacco, and rice to the extent necessary to provide an
orderly, adequate, and balanced flow of such commodities in interstate
and foreign commerce through storage of reserve supplies, loans,
marketing quotas, assisting farmers to obtain insofar as practicable,
parity prices for such commodities and parity of income, and assisting
consumers to obtain an adequate and steady supply of such commodities at
fair prices.
(Feb. 16, 1938, ch. 30, 2, 52 Stat. 31.)
The Soil Conservation and Domestic Allotment Act, as amended,
referred to in text, is act Apr. 27, 1935, ch. 85, 49 Stat. 163, as
amended, which is classified generally to chapter 3B ( 590a et seq.) of
Title 16, Conservation. For complete classification of this Act to the
Code, see section 590q of Title 16 and Tables.
Functions of Agricultural Adjustment Administration transferred to
Secretary of Agriculture by 1946 Reorg. Plan No. 3, 501, eff. July
16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out under section
610 of this title.
Soil Conservation Service and Agricultural Adjustment Administration
consolidated with other agencies into Agricultural Conservation and
Adjustment Administration for duration of war, see Ex. Ord. No. 9069,
set out in note under section 601 of Appendix to Title 50, War and
National Defense.
Functions of Soil Conservation Service in Department of Agriculture
with respect to soil and moisture conservation operations conducted on
lands under jurisdiction of Department of the Interior transferred to
Department of the Interior, to be administered under direction and
supervision of Secretary of the Interior through such agency or agencies
in Department of the Interior as Secretary shall designate, by 1940
Reorg. Plan No. IV, 6, eff. June 30, 1940, set out in the Appendix to
Title 5, Government Organization and Employees. See, also, sections 13
to 15 of said plan for provisions relating to transfer of functions of
department heads, records, property, personnel, and funds.
Section 2 of Pub. L. 87-128, Aug. 8, 1961, 75 Stat. 294, provided
that: ''In order more fully and effectively to improve, maintain, and
protect the prices and incomes of farmers, to enlarge rural purchasing
power, to achieve a better balance between supplies of agricultural
commodities and the requirements of consumers therefor, to preserve and
strengthen the structure of agriculture, and to revitalize and stabilize
the overall economy at reasonable costs to the Government, it is hereby
declared to be the policy of Congress to --
''(a) afford farmers the opportunity to achieve parity of income with
other economic groups by providing them with the means to develop and
strengthen their bargaining power in the Nation's economy;
''(b) encourage a commodity-by-commodity approach in the solution of
farm problems and provide the means for meeting varied and changing
conditions peculiar to each commodity;
''(c) expand foreign trade in agricultural commodities with friendly
nations, as defined in section 107 of Public Law 480, 83d Congress, as
amended (7 U.S.C. 1707), and in no manner either subsidize the export,
sell, or make available any subsidized agricultural commodity to any
nations other than such friendly nations and thus make full use of our
agricultural abundance;
''(d) utilize more effectively our agricultural productive capacity
to improve the diets of the Nation's needy persons;
''(e) recognize the importance of the family farm as an efficient
unit of production and as an economic base for towns and cities in rural
areas and encourage, promote, and strengthen this form of farm
enterprise;
''(f) facilitate and improve credit services to farmers by revising,
expanding, and clarifying the laws relating to agricultural credit;
''(g) assure consumers of a continuous, adequate, and stable supply
of food and fiber at fair and reasonable prices;
''(h) reduce the cost of farm programs, by preventing the
accumulation of surpluses; and
''(i) use surplus farm commodities on hand as fully as practicable as
an incentive to reduce production as may be necessary to bring supplies
on hand and firm demand in balance.''
Section 1(d) of act July 3, 1948, ch. 827, title I, 62 Stat. 1248,
provided that: ''It is hereby declared to be the policy of the Congress
that the lending and purchase operations of the Department of
Agriculture (other than those referred to in subsections (a), (b), and
(c) hereof (subsections (a) and (b) are set out as notes under this
section and subsection (c) is set out as a note under section 713a-8 of
Title 15, Commerce and Trade)) shall be carried out until January 1,
1950, so as to bring the price and income of the producers of other
agricultural commodities not covered by subsections (a), (b), and (c) to
a fair parity relationship with the commodities included under
subsections (a), (b), and (c), to the extent that funds for such
operations are available after taking into account the operations with
respect to the commodities covered by subsections (a), (b), and (c). In
carrying out the provisions of this subsection the Secretary of
Agriculture shall have the authority to require compliance with
production goals and marketing regulations as a condition to eligibility
of producers for price support.''
Congress by June 30, 1966
Section 705 of Pub. L. 89-321, title VII, Nov. 3, 1965, 79 Stat.
1210, directed the Secretary of Agriculture to make a study of the
parity income position of farmers, and report the results of such study
to the Congress not later than June 30, 1966.
Section 1(a), (b) of act July 3, 1948, ch. 827, title I, 62 Stat.
1247, as amended June 10, 1949, ch. 191, 63 Stat. 169, authorized the
Secretary of Agriculture through any instrumentality or agency within or
under the direction of the Department of Agriculture, by loans,
purchases, or other operations to support prices received by producers
of cotton, wheat, corn, tobacco, rice, and peanuts marketed before June
30, 1950 (September 30, 1950, in the case of Maryland and the cigar-leaf
types of tobacco), if producers had not disapproved marketing quotas for
such commodity for the marketing year beginning in the calendar year in
which the crop is harvested.
Section 2 of act July 3, 1948, ch. 827, title I, 62 Stat. 1248,
authorized the Secretary, from any funds available to the Department of
Agriculture or any agency operating under its direction for price
support operations or for the disposal of agricultural commodities, to
use such sums as may be necessary to carry out the provisions of section
1 of the Act.
Section 6 of act July 3, 1948, ch. 827, title I, 62 Stat. 1250,
provided in part that sections 1 and 2 of the act were to become
effective Jan. 1, 1949.
07 USC 1282a. Emergency supply of agricultural products
TITLE 7 -- AGRICULTURE
(a) Establishment of prices to insure orderly, adequate and steady
supply of products
Notwithstanding any other provision of law, the Secretary of
Agriculture shall assist farmers, processors, and distributors in
obtaining such prices for agricultural products that an orderly,
adequate and steady supply of such products will exist for the consumers
of this nation.
(b) Adjustments in maximum price of products subject to any price
control or freeze order or regulation to increase supply
The President shall make appropriate adjustments in the maximum price
which may be charged under the provisions of Executive Order 11723
(dated June 13, 1973) or any subsequent Executive Order for any
agricultural products (at any point in the distribution chain) as to
which the Secretary of Agriculture certifies to the President that the
supply of the product will be reduced to unacceptably low levels as a
result of any price control or freeze order or regulation and that
alternative means for increasing the supply are not available.
(c) ''Agricultural products'' defined
Under this section, the term ''agricultural products'' shall include
meat, poultry, vegetables, fruits and all other agricultural commodities
in raw or processed form, except forestry products or fish or fishery
products.
(d) Implementation of policies to encourage full production in
periods of short supply at fair and reasonable prices
The Secretary of Agriculture is directed to implement policies under
this Act which are designed to encourage American farmers to produce to
their full capabilities during periods of short supply to assure
American consumers with an adequate supply of food and fiber at fair and
reasonable prices.
(Pub. L. 91-524, title VIII, 815, as added Pub. L. 93-86, 1(27)( B),
Aug. 10, 1973, 87 Stat. 240.)
Executive Order 11723 (dated June 13, 1973), referred to in subsec.
(b), was revoked by Ex. Ord. No. 11788, June 18, 1974, 39 F.R. 22113,
formerly set out as a note under section 1904 of Title 12, Banks and
Banking.
This Act, referred to in subsec. (d), is Pub. L. 91-524, Nov. 30,
1970, 84 Stat. 1358, known as the Agricultural Act of 1970. For
complete classification of this Act to the Code, see Short Title of 1970
Amendment note set out under section 1281 of this title and Tables.
Section was enacted as part of the Agricultural Act of 1970 as added
by the Agriculture and Consumer Protection Act of 1973, and not as part
of the Agricultural Adjustment Act of 1938 which comprises this chapter.
07 USC SUBCHAPTER I -- ADJUSTMENT IN FREIGHT RATES, NEW USES AND
MARKETS, AND DISPOSITION OF SURPLUSES
TITLE 7 -- AGRICULTURE
07 USC 1291. Adjustments in freight rates
TITLE 7 -- AGRICULTURE
(a) Complaints by Secretary of Agriculture; notice of hearings
The Secretary of Agriculture is authorized to make complaint to the
Interstate Commerce Commission with respect to rates, charges, tariffs,
and practices relating to the transportation of farm products, and to
prosecute the same before the Commission. Before hearing or disposing
of any complaint (filed by any person other than the Secretary) with
respect to rates, charges, tariffs, and practices relating to the
transportation of farm products, the Commission shall cause the
Secretary to be notified, and, upon application by the Secretary, shall
permit the Secretary to appear and be heard.
(b) Secretary as party to proceedings
If such rate, charge, tariff, or practice complained of is one
affecting the public interest, upon application by the Secretary, the
Commission shall make the Secretary a party to the proceeding. In such
case the Secretary shall have the rights of a party before the
Commission and the rights of a party to invoke and pursue original and
appellate judicial proceedings involving the Commission's determination.
The liability of the Secretary in any such case shall extend only to
liability for court costs.
(c) Utilization of records, services, etc., of Department of
Agriculture
For the purposes of this section, the Interstate Commerce Commission
is authorized to avail itself of the cooperation, records, services, and
facilities of the Department of Agriculture.
(d) Cooperation with complaining farm associations
The Secretary is authorized to cooperate with and assist cooperative
associations of farmers making complaint to the Interstate Commerce
Commission with respect to rates, charges, tariffs, and practices
relating to the transportation of farm products.
(Feb. 16, 1938, ch. 30, title II, 201, 52 Stat. 36.)
07 USC 1292. New uses and markets for commodities
TITLE 7 -- AGRICULTURE
(a) Regional research laboratories
The Secretary is authorized and directed to establish, equip, and
maintain four regional research laboratories, one in each major farm
producing area, and, at such laboratories, to conduct researches into
and to develop new scientific, chemical, and technical uses and new and
extended markets and outlets for farm commodities and products and
byproducts thereof. Such research and development shall be devoted
primarily to those farm commodities in which there are regular or
seasonal surpluses, and their products and byproducts.
(b) Acquisition of land for laboratories; donations
For the purposes of subsection (a) of this section, the Secretary is
authorized to acquire land and interests therein, and to accept in the
name of the United States donations of any property, real or personal,
to any laboratory established pursuant to this section, and to utilize
voluntary or uncompensated services at such laboratories. Donations to
any one of such laboratories shall not be available for use by any other
of such laboratories.
(c) Cooperation with governmental agencies, associations, etc.
In carrying out the purposes of subsection (a) of this section, the
Secretary is authorized and directed to cooperate with other departments
or agencies of the Federal Government, States, State agricultural
experiment stations, and other State agencies and institutions,
counties, municipalities, business or other organizations, corporations,
associations, universities, scientific societies, and individuals, upon
such terms and conditions as he may prescribe.
(d) Appropriation for purposes of subsection (a)
To carry out the purposes of subsection (a) of this section, the
Secretary is authorized to utilize in each fiscal year, beginning with
the fiscal year beginning July 1, 1938, a sum not to exceed $4,000,000
of the funds appropriated pursuant to section 1391 of this title, or
section 590o of title 16, for such fiscal year. The Secretary shall
allocate one-fourth of such sum annually to each of the four
laboratories established pursuant to this section.
(e) Repealed. Aug. 30, 1954, ch. 1076, 1(3), 68 Stat. 966
(f) Appropriation to Secretary of Commerce
There is allocated to the Secretary of Commerce for each fiscal year,
beginning with the fiscal year beginning July 1, 1938, out of funds
appropriated for such fiscal year pursuant to section 1391 of this
title, or section 590o of title 16 the sum of $1,000,000 to be expended
for the promotion of the sale of farm commodities and products thereof
in such manner as he shall direct. Of the sum allocated under this
subsection to the Secretary of Commerce for the fiscal year beginning
July 1, 1938, $100,000 shall be devoted to making a survey and
investigation of the cause or causes of the reduction in exports of
agricultural commodities from the United States, in order to ascertain
methods by which the sales in foreign countries of basic agricultural
commodities produced in the United States may be increased.
(g) Duty of Secretary
It shall be the duty of the Secretary to use available funds to
stimulate and widen the use of all farm commodities in the United States
and to increase in every practical way the flow of such commodities and
the products thereof into the markets of the world.
(Feb. 16, 1938, ch. 30, title II, 202, 52 Stat. 37; Aug. 30, 1954,
ch. 1076, 1(3), 68 Stat. 966.)
1954 -- Subsec. (e). Act Aug. 30, 1954, repealed subsec. (e) which
required reports to Congress of the activities of, expenditures by, and
donations to, the laboratories established pursuant to subsec. (a).
Pub. L. 91-430, Sept. 26, 1970, 84 Stat. 885, provided:
''(Section 1. Short Title). That this Act shall be known as the
'Wheat Research and Promotion Act.'
''Sec. 2 (Contract authority; sale of export marketing certificates
and pro rata share of such certificates for financing agreements; rules
and regulations). The Secretary of Agriculture is authorized to enter
into agreements with organizations of wheat growers, farm organizations,
and such other organizations as he may deem appropriate to carry out a
program of research and promotion designed to expand domestic and
foreign markets and increase utilization for United States wheat and to
carry out any other such program which he deems will benefit wheat
producers in the United States. Notwithstanding any other provision of
law, the Secretary shall use the total net proceeds from the sale of
export marketing certificates during the marketing year ending June 30,
1969, to finance the cost of such agreements, except that he shall
provide for the issuance of a pro rata share of export marketing
certificates for such marketing year to any producer eligible therefor
under section 379c of the Agricultural Adjustment Act of 1938, as
amended (section 1379c of this title), who applies for such certificates
not later than ninety days after the date of enactment of this Act
(Sept. 26, 1970). The Secretary is authorized to prescribe such rules
and regulations as may be necessary to carry out the provisions of this
Act.''
Agricultural research generally, see sections 361a et seq. and 427
of this title.
Development of new uses for cotton, see section 724 of this title.
Marketing of agricultural products and control or eradication of
plant and animal diseases and pests, cooperation with State agencies in
administration and enforcement of laws relating to, see section 450 of
this title.
07 USC 1293. Transferred
TITLE 7 -- AGRICULTURE
Section, act Feb. 16, 1938, ch. 30, title II, 204, 52 Stat. 38,
providing for annual report of Federal Surplus Commodities Corporation,
was transferred to section 713c-1 of Title 15, Commerce and Trade.
07 USC SUBCHAPTER II -- LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
MARKETING QUOTAS, AND MARKETING CERTIFICATES
TITLE 7 -- AGRICULTURE
07 USC Part A -- Definitions, Loans, Parity Payments, and Consumer
Safeguards
TITLE 7 -- AGRICULTURE
07 USC 1301. Definitions
TITLE 7 -- AGRICULTURE
(a) General definitions
For the purposes of this subchapter and the declaration of policy --
(1)(A) The ''parity price'' for any agricultural commodity, as of any
date, shall be determined by multiplying the adjusted base price of such
commodity as of such date by the parity index as of such date.
(B) The ''adjusted base price'' of any agricultural commodity, as of
any date, shall be (i) the average of the prices received by farmers for
such commodity, at such times as the Secretary may select during each
year of the ten-year period ending on the 31st of December last before
such date, or during each marketing season beginning in such period if
the Secretary determines use of a calendar year basis to be
impracticable, divided by (ii) the ratio of the general level of prices
received by farmers for agricultural commodities during such period to
the general level of prices received by farmers for agricultural
commodities during the period January 1910 to December 1914, inclusive.
As used in this subparagraph, the term ''prices'' shall include wartime
subsidy payments made to producers under programs designed to maintain
maximum prices established under the Emergency Price Control Act of
1942.
(C) The ''parity index'', as of any date, shall be the ratio of (i)
the general level of prices for articles and services that farmers buy,
wages paid hired farm labor, interest on farm indebtedness secured by
farm real estate, and taxes on farm real estate, for the calendar month
ending last before such date to (ii) the general level of such prices,
wages, rates, and taxes during the period January 1910 to December 1914,
inclusive.
(D) The prices and indices provided for herein, and the data used in
computing them, shall be determined by the Secretary, whose
determination shall be final.
(E) Notwithstanding the provisions of subparagraph (A) of this
paragraph, the transitional parity price for any agricultural commodity,
computed as provided in this subparagraph, shall be used as the parity
price for such commodity until such date after January 1, 1950, as such
transitional parity price may be lower than the parity price, computed
as provided in subparagraph (A) of this paragraph, for such commodity.
The transitional parity price for any agricultural commodity as of any
date shall be --
(i) its parity price determined in the manner used prior to the
effective date of the Agricultural Act of 1948, less
(ii) 5 per centum of the parity price so determined multiplied by the
number of full calendar years (not counting 1956 in the case of basic
agricultural commodities) which, as of such date, have elapsed after
January 1, 1949, in the case of non-basic agricultural commodities, and
after January 1, 1955, in the case of the basic agricultural
commodities.
(F) Notwithstanding the provisions of subparagraphs (A) and (E) of
this paragraph, if the parity price for any agricultural commodity,
computed as provided in subparagraphs (A) and (E) of this paragraph,
appears to be seriously out of line with the parity prices of other
agricultural commodities, the Secretary may, and upon the request of a
substantial number of interested producers shall, hold public hearings
to determine the proper relationship between the parity price of such
commodity and the parity prices of other agricultural commodities.
Within sixty days after commencing such hearing the Secretary shall
complete such hearing, proclaim his findings as to whether the facts
require a revision of the method of computing the parity price of such
commodity, and put into effect any revision so found to be required.
(G) Notwithstanding the foregoing provisions of this section, the
parity price for any basic agricultural commodity, as of any date during
the six-year period beginning January 1, 1950, shall not be less than
its parity price computed in the manner used prior to October 31, 1949.
(2) ''Parity'', as applied to income, shall be that gross income from
agriculture which will provide the farm operator and his family with a
standard of living equivalent to those afforded persons dependent upon
other gainful occupation. ''Parity'' as applied to income from any
agricultural commodity for any year, shall be that gross income which
bears the same relationship to parity income from agriculture for such
year as the average gross income from such commodity for the preceding
ten calendar years bears to the average gross income from agriculture
for such ten calendar years.
(3) The term ''interstate and foreign commerce'' means sale,
marketing, trade, and traffic between any State or Territory or the
District of Columbia or Puerto Rico, and any place outside thereof; or
between points within the same State or Territory or within the District
of Columbia or Puerto Rico, through any place outside thereof; or
within any Territory or within the District of Columbia or Puerto Rico.
(4) The term ''affect interstate and foreign commerce'' means, among
other things, in such commerce, or to burden or obstruct such commerce
or the free and orderly flow thereof; or to create or tend to create a
surplus of any agricultural commodity which burdens or obstructs such
commerce or the free and orderly flow thereof.
(5) The term ''United States'' means the several States and
Territories and the District of Columbia and Puerto Rico.
(6) The term ''State'' includes a Territory and the District of
Columbia and Puerto Rico.
(7) The term ''Secretary'' means the Secretary of Agriculture, and
the term ''Department'' means the Department of Agriculture.
(8) The term ''person'' means an individual, partnership, firm,
joint-stock company, corporation, association, trust, estate, or any
agency of a State.
(9) The term ''corn'' means field corn.
(b) Definitions applicable to one or more commodities
For the purposes of this subchapter --
(1)(A) ''Actual production'' as applied to any acreage of corn means
the number of bushels of corn which the local committee determines would
be harvested as grain from such acreage if all the corn on such acreage
were so harvested. In case of a disagreement between the farmer and the
local committee as to the actual production of the acreage of corn on
the farm, or in case the local committee determines that such actual
production is substantially below normal, the local committee, in
accordance with regulations of the Secretary, shall weigh representative
samples of ear corn taken from the acreage involved, make proper
deductions for moisture content, and determine the actual production of
such acreage on the basis of such samples.
(B) ''Actual production'' of any number of acres of cotton, rice or
peanuts on a farm means the actual average yield for the farm times such
number of acres.
(2) ''Bushel'' means in the case of ear corn that amount of ear corn,
including not to exceed 15 1/2 per centum of moisture content, which
weighs seventy pounds, and in the case of shelled corn, means that
amount of shelled corn including not to exceed 15 1/2 per centum of
moisture content, which weighs fifty-six pounds.
(3)(A) ''Carry-over'', in the case of corn, rice, and peanuts for any
marketing year shall be the quantity of the commodity on hand in the
United States at the beginning of such marketing year, not including any
quantity which was produced in the United States during the calendar
year then current.
(B) ''Carry-over'' of cotton for any marketing year shall be the
quantity of cotton on hand in the United States at the beginning of such
marketing year, not including any part of the crop which was produced in
the United States during the calendar year then current.
(C) ''Carry-over'' of tobacco for any marketing year shall be the
quantity of such tobacco on hand in the United States at the beginning
of such marketing year (or on January 1 of such marketing year in the
case of Maryland tobacco), which was produced in the United States prior
to the beginning of the calendar year in which such marketing year
begins, except that in the case of cigar-filler and cigar-binder tobacco
the quantity of type 46 on hand and theretofore produced in the United
States during such calendar year shall also be included.
(D) ''Carry-over'' of wheat, for any marketing year shall be the
quantity of wheat on hand in the United States at the beginning of such
marketing year, not including any wheat which was produced in the United
States during the calendar year then current, and not including any
wheat held by the Federal Crop Insurance Corporation under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.).
(4)(A) ''Commercial corn-producing area'' shall include all counties
in which the average production of corn (excluding corn used as silage)
during the ten calendar years immediately preceding the calendar year
for which such area is determined, after adjustment for abnormal weather
conditions, is four hundred and fifty bushels or more per farm and four
bushels or more for each acre of farm land in the county.
(B) Whenever prior to February 1 of any calendar year the Secretary
has reason to believe that any county which is not included in the
commercial corn-producing area determined pursuant to the provisions of
subparagraph (A) of this subsection, but which borders upon one of the
counties in such area, or that any minor civil division in a county
bordering on such area, is producing (excluding corn used for silage) an
average of at least four hundred and fifty bushels of corn per farm and
an average of at least four bushels for each acre of farm land in the
county or in the minor civil division, as the case may be, he shall
cause immediate investigation to be made to determine such fact. If,
upon the basis of such investigation, the Secretary finds that such
county or minor civil division is likely to produce corn in such average
amounts during such calendar year, he shall proclaim such determination
and, commencing with such calendar year, such county shall be included
in the commercial corn-producing area. In the case of a county included
in the commercial corn-producing area pursuant to this subparagraph,
whenever prior to February 1 of any calendar year the Secretary has
reason to believe that facts justifying the inclusion of such county are
not likely to exist in such calendar year, he shall cause an immediate
investigation to be made with respect thereto. If, upon the basis of
such investigation, the Secretary finds that such facts are not likely
to exist in such calendar year, he shall proclaim such determination,
and commencing with such calendar year, such county shall be excluded
from the commercial corn-producing area.
(5) ''Farm consumption'' of corn means consumption by the farmer's
family, employees, or household, or by his work stock; or consumption
by poultry or livestock on his farm if such poultry or livestock, or the
products thereof, are consumed or to be consumed by the farmer's family,
employees, or household.
(6)(A) ''Market'', in the case of corn, cotton, rice, tobacco, and
wheat, means to dispose of, in raw or processed form, by voluntary or
involuntary sale, barter, or exchange, or by gift inter vivos, and, in
the case of corn and wheat, by feeding (in any form) to poultry or
livestock which, or the products of which, are sold, bartered, or
exchanged, or to be so disposed of, but does not include disposing of
any such commodities as premium to the Federal Crop Insurance
Corporation under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.).
(B) ''Marketed'', ''marketing'', and ''for market'' shall have
corresponding meanings to the term ''market'' in the connection in which
they are used.
(C) ''Market'', in the case of peanuts, means to dispose of peanuts,
including farmers' stock peanuts, shelled peanuts, cleaned peanuts, or
peanuts in processed form, by voluntary or involuntary sale, barter, or
exchange, or by gift inter vivos.
(7) ''Marketing year'' means, in the case of the following
commodities, the period beginning on the first and ending with the
second date specified below:
Corn, September 1-August 31;
Cotton, August 1-July 31;
Rice, August 1-July 31;
Tobacco (flue-cured), July 1-June 30;
Tobacco (other than flue-cured), October 1-September 30;
Wheat, June 1-May 31.
(8)(A) ''National average yield'' as applied to cotton or wheat shall
be the national average yield per acre of the commodity during the ten
calendar years in the case of wheat, and during the five calendar years
in the case of cotton, preceding the year in which such national average
yield is used in any computation authorized in this subchapter, adjusted
for abnormal weather conditions and, in the case of wheat, but not in
the case of cotton, for trends in yields.
(B) ''Projected national yield'' as applied to any crop of wheat
shall be determined on the basis of the national yield per harvested
acre of the commodity during each of the five calendar years immediately
preceding the year in which such projected national yield is determined,
adjusted for abnormal weather conditions affecting such yield, for
trends in yields and for any significant changes in production
practices.
(9) ''Normal production'' as applied to any number of acres of corn
or rice means the normal yield for the farm times such number of acres.
''Normal production'' as applied to any number of acres of cotton or
wheat means the projected farm yield times such number of acres.
(10)(A) ''Normal supply'' in the case of corn, rice, wheat, and
peanuts for any marketing year shall be (i) the estimated domestic
consumption of the commodity for the marketing year ending immediately
prior to the marketing year for which normal supply is being determined,
plus (ii) the estimated exports of the commodity for the marketing year
for which normal supply is being determined, plus (iii) an allowance for
carry-over. The allowance for carry-over shall be the following
percentage of the sum of the consumption and exports used in computing
normal supply: 15 per centum in the case of corn; 10 per centum in the
case of rice; 20 per centum in the case of wheat; and 15 per centum in
the case of peanuts. In determining normal supply the Secretary shall
make such adjustments for current trends in consumption and for unusual
conditions as he may deem necessary.
(B) ''Normal supply'' in the case of tobacco shall be a normal year's
domestic consumption and exports, plus 175 per centum of a normal year's
domestic consumption and 65 per centum of a normal year's exports as an
allowance for a normal carry-over.
(C) The ''normal supply'' of cotton for any marketing year shall be
the estimated domestic consumption of cotton for the marketing year for
which such normal supply is being determined, plus the estimated exports
of cotton for such marketing year, plus, 30 per centum of the sum of
such consumption and exports as an allowance for carry-over.
(11)(A) ''Normal year's domestic consumption'', in the case of corn
and wheat, shall be the yearly average quantity of the commodity,
wherever produced, that was cosumed /1/ in the United States during the
ten marketing years immediately preceding the marketing year in which
such consumption is determined, adjusted for current trends in such
consumption.
(B) ''Normal year's domestic consumption'', in the case of cotton and
tobacco, shall be the yearly average quantity of the commodity produced
in the United States that was consumed in the United States during the
ten marketing years immediately preceding the marketing year in which
such consumption is determined, adjusted for current trends in such
consumption.
(C) ''Normal year's domestic consumption'', in the case of rice,
shall be the yearly average quantity of rice produced in the United
States that was consumed in the United States during the five marketing
years immediately preceding the marketing year in which such consumption
is determined, adjusted for current trends in such consumption.
(12) ''Normal year's exports'' in the case of corn, cotton, rice,
tobacco, and wheat shall be the yearly average quantity of the commodity
produced in the United States that was exported from the United States
during the ten marketing years (or, in the case of rice, the five
marketing years) immediately preceding the marketing year in which such
exports are determined, adjusted for current trends in such exports.
(13)(A) Repealed. Pub. L. 87-703, title III, 320(1), Sept. 26,
1962, 76 Stat. 625.
(B) ''Normal yield'' for any county, in the case of peanuts, shall be
the average yield per acre of peanuts for the county adjusted for
abnormal weather conditions, during the five calendar years immediately
preceding the year in which such normal yield is determined. For 1942,
the normal yield for any county, in the case of peanuts, shall be the
average yield per acre for peanuts for the county, adjusted for abnormal
conditions, during the years 1936-1940, inclusive, except that for any
county in which the years 1935-1939, inclusive, are equally as
representative, such period may be used in determining the normal yields
for counties in the State.
(C) In applying subparagraph (A) or (B) of this paragraph, if for any
such year the data are not available, or there is no actual yield, an
appraised yield for such year, determined in accordance with regulations
issued by the Secretary, shall be used as the actual yield for such
year. In applying such subparagraphs, if, on account of drought, flood,
insect pests, plant disease, or other uncontrollable natural cause, the
yield in any year of such ten-year period or five-year period, as the
case may be, is less than 75 per centum of the average (computed without
regard to such year) such year shall be eliminated in calculating the
normal yield per acre.
(D) ''Normal yield'' for any county, in the case of rice and wheat,
shall be the average yield per acre of rice or wheat, as the case may
be, for the county during the five calendar years immediately preceding
the year for which such normal yield is determined in the case of rice,
or during the five years immediately preceding the year in which such
normal yield is determined in the case of wheat, adjusted for abnormal
weather conditions and for trends in yields. If for any such year data
are not available, or there is no actual yield, an appraised yield for
such year, determined in accordance with regulations issued by the
Secretary, taking into consideration the yields obtained in surrounding
counties during such year and the yield in years for which data are
available, shall be used as the actual yield for such year.
(E) ''Normal yield'' for any farm, in the case of rice and wheat,
shall be the average yield per acre of rice or wheat, as the case may
be, for the farm during the five calendar years immediately preceding
the year for which such normal yield is determined in the case of rice,
or during the five years immediately preceding the year in which such
normal yield is determined in the case of wheat, adjusted for abnormal
weather conditions and for trends in yields. If for any such year the
data are not available or there is no actual yield, then the normal
yield for the farm shall be appraised in accordance with regulations
issued by the Secretary, taking into consideration abnormal weather
conditions, trends in yields, the normal yield for the county, the
yields obtained on adjacent farms during such year and the yield in
years for which data are available.
(F) In applying subparagraphs (D) and (E) of this paragraph, if on
account of drought, flood, insect pests, plant disease, or other
uncontrollable natural cause, the yield for any year of such five-year
period is less than 75 per centum of the average, 75 per centum of such
average shall be substituted therefor in calculating the normal yield
per acre. If, on account of abnormally favorable weather conditions,
the yield for any year of such five-year period is in excess of 125 per
centum of the average, 125 per centum of such average shall be
substituted therefor in calculating the normal yield per acre.
(G) ''Normal yield'' for any farm, in the case of corn or peanuts,
shall be the average yield per acre of corn or peanuts, as the case may
be, for the farm, adjusted for abnormal weather conditions, during the
five calendar years immediately preceding the year in which such normal
yield is determined. For 1942, the normal yield for any farm, in the
case of peanuts, shall be the average yield per acre of peanuts for the
farm, adjusted for abnormal conditions, during the years 1936-1940,
inclusive, except that for any county in which the years 1935-1939,
inclusive, are equally as representative, such period may be used in
determining normal yields for farms in the county. If for any such year
the data are not available or there is no actual yield, then the normal
yield for the farm shall be appraised in accordance with regulations of
the Secretary, taking into consideration abnormal weather conditions,
the normal yield for the county, and the yield in years for which data
are available.
(H) ''Normal yield'' for any county, for any crop of cotton, shall be
the average yield per acre of cotton for the county, adjusted for
abnormal weather conditions and any significant changes in production
practices during the five calendar years immediately preceding the year
in which the national marketing quota for such crop is proclaimed. If
for any such year the data are not available, or there is no actual
yield, an appraised yield for such year, determined in accordance with
regulations issued by the Secretary, shall be used as the actual yield
for such year.
(I) ''Normal yield'' for any farm, for any crop of cotton, shall be
the average yield per acre of cotton for the farm, adjusted for abnormal
weather conditions and any significant changes in production practices
during the three calendar years immediately preceding the year in which
such normal yield is determined. If for any such year the data are not
available, or there is no actual yield, then the normal yield for the
farm shall be appraised in accordance with regulations of the Secretary,
taking into consideration abnormal weather conditions, the normal yield
for the county, changes in production practices, and the yield in years
for which data are available.
(J) ''Projected county yield'' for any crop of wheat shall be
determined on the basis of the yield per harvested acre of such
commodity on the county during each of the five calendar years
immediately preceding the year in which such projected county yield is
determined, adjusted for abnormal weather conditions affecting such
yield, for trends in yields and for any significant changes in
production practices.
(K) ''Projected farm yield'' for any crop of wheat shall be
determined on the basis of the yield per harvested acre of such
commodity in the farm during each of the three calendar years
immediately preceding the year in which such projected farm yield is
determined, adjusted for abnormal weather conditions affecting such
yield, for trends in yields and for any significant changes in
production practices, but in no event shall such projected farm yield be
less than the normal yield for such farm as provided in subparagraph (E)
of this paragraph.
(L) ''Projected national, State, and county yields'' for any crop of
cotton shall be determined on the basis of the yield per harvested acre
of such crop in the United States, the State and the county,
respectively, during each of the five calendar years immediately
preceding the year in which such projected yield for the United States,
the State, and the county, respectively, is determined, adjusted for
abnormal weather conditions affecting such yield, for trends in yields,
and for any significant changes in production practices.
(M) ''Projected farm yield'' for any crop of cotton shall be
determined on the basis of the yield per harvested acre of such crop on
the farm during each of the three calendar years immediately preceding
the year in which such projected farm yield is determined, adjusted for
abnormal weather conditions affecting such yield, for trends in yields,
and for any significant changes in production practices, but in no event
shall such projected farm yield be less than the normal yield for such
farm as provided in subparagraph (I) of this paragraph.
(14)(A) ''Reserve supply level'', in the case of corn, shall be a
normal year's domestic consumption and exports of corn plus 10 per
centum of a normal year's domestic consumption and exports, to insure a
supply adequate to meet domestic consumption and export needs in years
of drought, flood, or other adverse conditions, as well as in years of
plenty.
(B) ''Reserve supply level'' of tobacco shall be the normal supply
plus 5 per centum thereof, to insure a supply adequate to meet domestic
consumption and export needs in years of drought, flood, or other
adverse conditions, as well as in years of plenty.
(C) ''Reserve stock level'', in the case of Flue-cured tobacco, shall
be the greater of --
(i) 100,000,000 pounds (farm sales weight); or
(ii) 15 percent of the national marketing quota for Flue-cured
tobacco for the marketing year immediately preceding the marketing year
for which the level is being determined.
(D) ''Reserve stock level'', in the case of Burley tobacco, shall be
the greater of --
(i) 50,000,000 pounds (farm sales weight); or
(ii) 15 percent of the national marketing quota for Burley tobacco
for the marketing year immediately preceding the marketing year for
which the level is being determined.
(15) ''Tobacco'' means each one of the kinds of tobacco listed below
comprising the types specified as classified in Service and Regulatory
Announcement Numbered 118 of the Bureau of Agricultural Economics of the
Department.
Flue-cured tobacco, comprising types 11, 12, 13, and 14;
Fire-cured tobacco comprising types 21, 22, 23, and 24;
Dark air-cured tobacco, comprising types 35 and 36;
Virginia sun-cured tobacco, comprising type 37;
Burley tobacco, comprising type 31;
Maryland tobacco, comprising type 32;
Cigar-filler and cigar-binder tobacco, comprising types 42, 43, 44,
45, 46, 51, 52, 53, 54, and 55;
Cigar-filler tobacco, comprising type 41.
The provisions of this subchapter shall apply to each of such kinds
of tobacco severally: Provided, That any one or more of the types
comprising any such kind of tobacco shall be treated as a ''kind of
tobacco'' for the purposes of this chapter and sections 590h and 590o of
title 16 if the Secretary finds there is a difference in supply and
demand conditions as among such types of tobacco which results in a
difference in the adjustments needed in the marketings thereof in order
to maintain supplies in line with demand: Provided further, That with
respect to the 1958 and subsequent crops, type 21 (Virginia) fire-cured
tobacco shall be treated as a ''kind of tobacco'' for the purposes of
all of the provisions of this subchapter, except that for the purposes
of section 1312(c) of this title, types 21, 22, and 23, fire-cured
tobacco shall be treated as one ''kind of tobacco'': And provided
further, That for purposes of section 1314e of this title, types 22 and
23, fire-cured tobacco shall be treated as one ''kind of tobacco''.
(16)(A) ''Total supply'' of wheat, corn, rice, and peanuts for any
marketing year shall be the carry-over of the commodity for such
marketing year, plus the estimated production of the commodity in the
United States during the calendar year in which such marketing year
begins and the estimated imports of the commodity into the United States
during such marketing year.
(B) ''Total supply'' of tobacco for any marketing year shall be the
carry-over at the beginning of such marketing year (or on January 1 of
such marketing year in the case of Maryland tobacco) plus the estimated
production thereof in the United States during the calendar year in
which such marketing year begins, except that the estimated production
of type-46 tobacco during the marketing year with respect to which the
determination is being made shall be used in lieu of the estimated
production of such type during the calendar year in which such marketing
year begins in determining the total supply of cigar-filler and
cigar-binder tobacco.
(C) ''Total supply'' of cotton for any marketing year shall be the
carry-over at the beginning of such marketing year, plus the estimated
production of cotton in the United States during the calendar year in
which such marketing year begins and the estimated imports of cotton
into the United States during such marketing year.
(17) ''Domestic manufacturer of cigarettes'' means a person that
produces and sells more than 1 percent of the cigarettes produced and
sold in the United States.
(c) Use of Federal statistics
The latest available statistics of the Federal Government shall be
used by the Secretary in making the determinations required to be made
by the Secretary under this chapter.
(d) Exclusion of stocks of certain commodities
In making any determination under this chapter or under the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) with respect to the
carryover of any agricultural commodity, the Secretary shall exclude
from such determination the stocks of any commodity acquired pursuant
to, or under the authority of, the Strategic and Critical Materials
Stock Piling Act (60 Stat. 596) (50 U.S.C. 98 et seq.).
(Feb. 16, 1938, ch. 30, title III, 301, 52 Stat. 38; Apr. 7, 1938,
ch. 107, 2-4, 52 Stat. 202; June 13, 1940, ch. 360, 1, 54 Stat. 392;
July 2, 1940, ch. 521, 3-5, 54 Stat. 727, 728; Nov. 22, 1940, ch. 914,
1, 3, 4, 54 Stat. 1209, 1210; Nov. 25, 1940, ch. 917, 54 Stat. 1211;
Apr. 3, 1941, ch. 39, 2, 3, 55 Stat. 91, 92; July 9, 1942, ch. 497, 1(
4), (5), 56 Stat. 654; July 3, 1948, ch. 827, title II, 201(a), (b),
(d), (e), 62 Stat. 1250; Aug. 29, 1949, ch. 518, 2( a), 63 Stat. 675;
Oct. 31, 1949, ch. 792, title IV, 409(a)-(d), 415( c)-(e), 418(b), (c),
63 Stat. 1056, 1057, 1958, 1062; July 8, 1952, ch. 587, 66 Stat. 442;
July 17, 1952, ch. 933, 1, 66 Stat. 758; July 14, 1953, ch. 194, 6, 67
Stat. 152; Aug. 28, 1954, ch. 1041, title III, 301, 302, 68 Stat. 902;
May 28, 1956, ch. 327, title V, 502, title VI, 602, 70 Stat. 212, 213;
July 10, 1957, Pub. L. 85-92, 1, 71 Stat. 284; Sept. 27, 1962, Pub. L.
87-703, title III, 320, 76 Stat. 625; Apr. 11, 1964, Pub. L. 88-297,
title I, 106(5)-(7), 78 Stat. 177; Nov. 3, 1965, Pub. L. 89-321, title
IV, 403, title V,
509, 511(a), 79 Stat. 1197, 1204, 1205; Nov. 30, 1970, Pub. L.
91-524, title IV, 405(b), as added Aug. 10, 1973, Pub. L. 93-86, 1( 12),
87 Stat. 229; July 25, 1975, Pub. L. 94-61, 1, 89 Stat. 302; July 20,
1982, Pub. L. 97-218, title III, 303(a), 96 Stat. 211; Dec. 23, 1985,
Pub. L. 99-198, title X, 1020, 99 Stat. 1459; Apr. 7, 1986, Pub. L.
99-272, title I, 1103(a), 100 Stat. 85.)
Emergency Price Control Act of 1942, referred to in subsec. (a)(1)(
B), was act Jan. 30, 1942, ch. 26, 56 Stat. 23, as amended, which was
classified to section 901 et seq. of Title 50, Appendix, War and
National Defense, and which terminated June 30, 1947.
For effective date of the Agricultural Act of 1948, referred to in
subsec. (a)(1)(E)(i), see Effective Date of 1948 Amendment note set out
under section 624 of this title with reference to title I of said act,
and Effective Date of 1948 Amendment note set out below with reference
to titles II and III of said Act.
The Federal Crop Insurance Act, referred to in subsec. (b)(3)(D),
(6)(A), is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as
amended, which is classified generally to chapter 36 ( 1501 et seq.) of
this title. For complete classification of this Act to the Code, see
section 1501 of this title and Tables.
The Agricultural Act of 1949, referred to in subsec. (d), is act
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
classified principally to chapter 35A ( 1421 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of this title and Tables.
The Strategic and Critical Materials Stock Piling Act, referred to in
subsec. (d), is act June 7, 1939, ch. 190, as revised generally by
Pub. L. 96-41, 2, July 30, 1979, 93 Stat. 319, which is classified
generally to subchapter III ( 98 et seq.) of chapter 5 of Title 50, War
and National Defense. For complete classification of this Act to the
Code, see section 98 of Title 50 and Tables.
1986 -- Subsec. (b)(14)(C), (D). Pub. L. 99-272, 1103(a)(1), added
subpars. (C) and (D).
Subsec. (b)(17). Pub. L. 99-272, 1103(a)(2), added par. (17).
1985 -- Subsec. (b)(7). Pub. L. 99-198 substituted ''Corn, September
1-August 31'' for ''Corn, October 1-September 30''.
1982 -- Subsec. (b)(15). Pub. L. 97-218 inserted proviso that for
purposes of section 1314e of this title, types 22 and 23, fire-cured
tobacco shall be treated as one ''kind of tobacco''.
1975 -- Subsec. (b)(7). Pub. L. 94-61 substituted ''Wheat, June
1-May 31'' for ''Wheat, July 1-June 30''.
1973 -- Subsec. (b)(13)(K). Pub. L, 91-524, 405(b), as added by Pub.
L. 93-86, temporarily inserted ''(five calendar years in the case of
wheat)'' after ''three calendar years''. See Effective and Termination
Dates of 1973 Amendment note below.
1965 -- Subsec. (b)(8). Pub. L. 89-321, 509(1), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (b)(9). Pub. L. 89-321, 511(a), struck out ''cotton'' and
''wheat'' in first sentence, and inserted definition of normal
production when applied to any number of acres of cotton or wheat.
Subsec. (b)(13). Pub. L. 89-321, 403, 509(2), added subpars. (J),
(K), (L), and (M).
1964 -- Subsec. (b)(13). Pub. L. 88-297, 106(5)-(7), struck out
''cotton or'' before ''peanuts'' in subpar. (B) in two places, struck
out '', cotton,'' after ''corn'' in subpar. (G) in two places, and
added subpars. (H) and (I), respectively.
1962 -- Subsec. (b)(13). Pub. L. 87-703 struck out par. (A) which
defined ''normal yield'' for any county in the case of corn or wheat;
inserted in pars. (D) and (E) ''and wheat'' after ''in the case of
rice'', ''or wheat, as the case may be,'' after ''per acre of rice'',
and ''in the case of rice, or during the five years immediately
preceding the year in which such normal yield is determined in the case
of wheat'' after ''determined''; and struck out from par. (G)
''wheat,'' after ''corn,'' in two places, ''and, in the case of wheat,
but not in the case of corn, cotton, or peanuts, for trends in yields''
after ''abnormal weather conditions'', ''ten calendar years in the case
of wheat, and'' before ''five calendar years'' and ''in the case of
corn, cotton, or peanuts'' after ''five calendar years''.
1957 -- Subsec. (b)(15). Pub. L. 85-92 inserted proviso relating to
treatment of type 21 fire-cured tobacco as a ''kind of tobacco''.
1956 -- Subsec. (a)(1)(E). Act May 28, 1956, 602, inserted ''(not
counting 1956 in the case of basic agricultural commodities)'' after
''full calendar years''.
Subsec. (b)(13). Act May 28, 1956, 502, limited determination of
normal yield provided for in subpar. (D) only to counties and
authorized adjustments for abnormal weather conditions and for trends in
yields, added subpars. (E) and (F), and redesignated subpar. (E) as
(G).
1954 -- Subsec. (a)(1)(E). Act Aug. 28, 1954, 301, changed
definition of ''transitional parity price'' as applied to basic
agricultural commodities so as to make it ''old parity'' less 5 per
centum for each full year elapsed since Jan. 1, 1955, instead of Jan.
1, 1949.
Subsec. (b). Act Aug. 28, 1954, 302, increased carryover allowance
from 10 per centum to 15 per centum in case of corn and from 15 per
centum to 20 per centum in case of wheat in subpar. (10)(A), and
provided for computing county and farm ''normal yields'' on the basis of
5-year yields instead of 10-year yields in case of corn in subpars.
(13)(A) and (13)(E).
1953 -- Subsec. (d). Act July 14, 1953, added subsec. (d).
1952 -- Subsec. (a)(1)(G). Act July 17, 1952, extended dual parity
provisions for two years.
Subsec. (b)(3)(C), (16)(B). Act July 8, 1952, provided for
computation of carry-over as of Jan. 1st, following the beginning of
the marketing year instead of Oct. 1st the beginning of the marketing
year.
1949 -- Subsec. (a)(1)(B). Act Oct. 31, 1949, 409(a), inserted last
sentence.
Subsec. (a)(1)(C). Act Oct. 31, 1949, 409(b), inserted '', wages
paid hired farm labor'' after ''buy'' and '', wages'' after ''such
prices''.
Subsec. (a)(1)(G). Act Oct. 31, 1949, 409(c), added subpar. (G).
Subsec. (b)(1)(B). Act Oct. 31, 1949, 418(b), included the actual
production of rice.
Subsec. (b)(3)(B). Act Oct. 31, 1949, 415(e), repealed amendatory
provisions of act July 3, 1948, ch. 827, title II, 201(c), 62 Stat.
1250.
Act Aug. 29, 1949, 2(a)(1), changed definition of ''carry-over'' of
cotton by excluding United States cotton on hand outside the United
States.
Subsec. (b)(9). Act Oct. 31, 1949, 418(c), included normal
production of rice.
Subsec. (b)(10(A). Act Oct. 31, 1949, 409(d), increased from 7 per
centum to 10 per centum the carryover allowance for corn.
Act Aug. 29, 1949, 2(a)(2), made provision inapplicable to cotton.
Subsec. (b)(10)(C). Act Aug. 29, 1949, 2(a)(2), added subpar. (C)
which was also reenacted by act Oct. 31, 1949, 415(c).
Subsec. (b)(16)(A). Act Oct. 31, 1949, 415(d), struck out
''cotton,'' after ''corn,''.
Act Aug. 29, 1949, 2(a)(3), made provision inapplicable to cotton.
Subsec. (b)(16)(C). Act Aug. 29, 1949, 2(a)(3), added subpar. (C)
which was also reenacted by act Oct. 31, 1949, 415(d).
1948 -- Subsec. (a). Act July 3, 1948, 201(a), struck out paragraphs
(1) and (2) and inserted new paragraphs (1) and (2) to change the method
of computing parity prices to give recognition to changes in
relationships among the prices of agricultural commodities themselves
which have occurred since the base period 1910 to 1914, and redefined
''parity''.
Subsec. (b)(3)(A). Act July 3, 1948, 201(b), redefined ''carry-over''
in the case of corn, rice, and peanuts.
Subsec. (b)(3)(B). Act July 3, 1948, 201(c), redefined ''carry-over''
in the case of cotton.
Subsec. (b)(10). Act July 3, 1948, 201(d), redefined ''normal
supply''.
Subsec. (b)(16). Act July 3, 1948, 201(e), redefined ''total
supply''.
1942 -- Subsec. (b)(13)(B). Act July 9, 1942, 1(4), inserted ''or
peanuts'' after ''cotton'' wherever appearing, and added a new sentence
reading ''For 1942, the normal yield for any county, in the case of
peanuts, shall be the average yield per acre for peanuts for the county,
adjusted for abnormal conditions, during the years 1936-1940, inclusive,
except that for any county in which the years 1935-1939, inclusive, are
equally as representative, such period may be used in determining the
normal yields for counties in the State''.
Subsec. (b)(13)(E). Act July 9, 1942, 1(5), struck out ''or'' after
''wheat'' and before ''cotton'' wherever appearing, inserted ''or
peanuts'' after ''cotton'' wherever appearing, and inserted after first
sentence ''For 1942, the normal yield for any farm, in the case of
peanuts, shall be the average yield per acre of peanuts for the farm,
adjusted for abnormal conditions, during the years 1936-1940, inclusive,
except that for any county in which the years 1935-1939, inclusive, are
equally as representative, such period may be used in determining normal
yields for farms in the county''.
1941 -- Subsec. (b)(1)(B). Act April 3, 1941, 2, inserted ''or
peanuts'' after ''cotton''.
Subsec. (b)(6)(C). Act Apr. 3, 1941, 3, added subpar. (C).
1940 -- Subsec. (a)(1). Act Nov. 22, 1940, 3, inserted ''and, in
the case of Burley and flue-cured tobacco, shall be the period August
1934 to July 1939; except that the August 1919-July 1929 base period
shall be used in allocating any funds appropriated prior to September 1,
1940'' after ''July, 1929'' in last sentence.
Subsec. (b)(3)(C). Act June 13, 1940, inserted exception.
Former subsec. (b)(6)(C), (D) were omitted in amendment to subsec.
(b)(6) by act July 2, 1940.
Subsec. (b)(13)(A). Act July 2, 1940, 4, among other changes inserted
''or wheat'' after ''corn'' wherever appearing and substituted
''county'' for ''farm'' wherever appearing.
Subsec. (b)(13)(B). Act July 2, 1940, 5, among other changes, struck
out ''or wheat'' before ''cotton'' and ''and, in the case of wheat but
not in the case of cotton, for trends in yields, during the ten calendar
years in the case of wheat, and'' after ''weather conditions''.
Subsec. (b)(13)(E). Act Nov. 25, 1940, in first sentence substituted
''in which such normal yield is determined'' for ''with respect to such
normal yield is used in any computation authorized under this title''.
Subsec. (b)(15). Act Nov. 22, 1940, 1, 4, among other changes
substituted ''Fire-cured tobacco comprising types 21, 22, 23, and 24;
Dark air-cured tobacco comprising types 35 and 36'' for ''Fire-cured and
dark air cured tobacco comprising types 21, 22, 23, 24, 35, 36, and 37''
and inserted proviso at end of last sentence.
1938 -- Subsec. (b)(13). Act Apr. 7, 1938, substituted ''county''
for ''farm'' in subpars. (A) and (B) and added subpar. (E).
Section 2 of Pub. L. 94-61 provided that: ''The amendment made by
the first section of this Act (amending this section) shall become
effective June 1, 1975''.
Section 405(b) of Pub. L. 91-524, as added by section 1(12) of Pub.
L. 93-86, provided that the amendment made by that section is effective
with respect to 1974 through 1977 crops.
Section 511(a) of Pub. L. 89-321 provided that the amendment made by
that section is effective beginning with the crop planted for harvest in
1966.
Section 323 of Pub. L. 87-703 provided that: ''The amendments to
the Agricultural Adjustment Act of 1938, as amended, and to Public Law
74, Seventy-seventh Congress, as amended, made by sections 310 through
322 of this Act (enacting sections 1334b and 1339 of this title,
amending sections 1301, 1331 to 1336, 1340, 1371 and 1385 of this title,
and repealing section 1337 of this title) shall be in effect only with
respect to programs applicable to the crops planted for harvest in the
calendar year 1964 or any subsequent year and the marketing years
beginning in the calendar year 1964, or any subsequent year''.
Section 415(a), (b) of act Oct. 31, 1949, provided that:
''(a) Except as modified by this Act or by Public Law 272 (see Tables
for classification), Eighty-first Congress, sections 201(b), 201(d),
201(e), 203, 207(a), and 208 of the Agricultural Act of 1948 (amending
sections 1301, 1312, 1322, and 1328 of this title) shall be effective
for the purpose of taking any action with respect to the 1950 and
subsequent crops upon the enactment of this Act (Oct. 31, 1949). If the
time within which any such action is required to be taken shall have
elapsed prior to the enactment of this Act, such action shall be taken
within thirty days after the enactment of the Act.
''(b) No provision of the Agricultural Act of 1948 shall be deemed to
supersede any provision of Public Law 272, Eighty-first Congress.''
Section 303 of act July 3, 1948, provided that: ''Titles II and III
of this Act (amending this section and sections 602, 608c, 612c, 672,
1301, 1301a, 1302, 1312, 1322, 1328, 1333, 1335, 1336, 1343, 1345, 1355,
and 1385 of this title and repealing sections 608e and 1322a of this
title) shall take effect on January 1, 1950.''
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the
Appendix to Title 5, Government Organization and Employees.
Functions of Bureau of Agricultural Economics transferred to other
units of Department of Agriculture under Secretary's memorandum 1320,
supp. 4, of Nov. 2, 1953.
Section 1108(c) of Pub. L. 99-272 provided that: ''The Secretary of
Agriculture shall implement sections 1102 through 1109, and the
amendments made by such sections (enacting sections 1314g, 1314h, and
1445-3 of this title, amending sections 1301, 1312, 1314c, 1314e, 1372,
1445, 1445-1, and 1445-2 of this title, and enacting provisions set out
as notes under sections 1314c, 1314e, 1314g, 1314h, 1372, 1445, 1445-1,
and 1445-2 of this title), without regard to the provisions requiring
notice and other procedures for public participation in rulemaking
contained in section 553 of title 5, United States Code, or in any
directive of the Secretary.''
Section 602 of act May 28, 1956, required the Secretary to make a
thorough study of the possible methods of improving the parity formula
and report thereon, with specific recommendations, including drafts of
necessary legislation to carry out such recommendations, to Congress not
later than January 31, 1957.
Authority or responsibility of Secretary of Agriculture under subsec.
(b)(15) of this section with respect to treatment of different types of
tobacco as different kinds of tobacco unaffected by acreage-poundage
quotas and price support provisions, see note set out under section
1314c of this title.
43 section 620c.
/1/ So in original. Probably should be ''consumed''.
07 USC 1301a. References to parity prices, etc., in other laws after
January 1, 1950
TITLE 7 -- AGRICULTURE
All references in other laws to --
(1) parity,
(2) parity prices,
(3) prices comparable to parity prices, or
(4) prices to be determined in the same manner as provided by this
chapter prior to January 1, 1950 for the determination of parity prices,
with respect to prices for agricultural commodities and products
thereof, shall after January 1, 1950 be deemed to refer to parity prices
as determined in accordance with the provisions of section 1301( a)(1)
of this title.
(July 3, 1948, ch. 827, title III, 302(f), 62 Stat. 1258.)
Section was enacted as part of the Agricultural Act of 1948, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
Section effective Jan. 1, 1950, see section 303 of act July 3, 1948,
set out as an Effective Date of 1948 Amendment note under section 1301
of this title.
07 USC 1301b. Repealed. Pub. I. 85-835, title I, 108, Aug. 28, 1958,
72 Stat. 993
TITLE 7 -- AGRICULTURE
Section, act Aug. 29, 1949, ch. 518, 3(a), 63 Stat. 676,
prescribed standard cotton grade for parity and price support purposes.
Section 108 of Pub. L. 85-835 provided that the repeal of this
section is effective with 1961 crop.
07 USC 1302. Repealed. Oct. 31, 1949, ch. 792, title IV, 414, 63 Stat.
1057
TITLE 7 -- AGRICULTURE
Section, acts Feb. 16, 1938, ch. 30, title III, 302, 52 Stat. 43;
June 21, 1938, ch. 554, title V, 502, 52 Stat. 820; July 3, 1948, ch.
827, title II, 202(a), 62 Stat. 1252, related to price support of
agricultural commodities.
07 USC 1303. Parity payments
TITLE 7 -- AGRICULTURE
If and when appropriations are made therefor, the Secretary is
authorized and directed to make payments to producers of corn, wheat,
cotton, rice, or tobacco, on their normal production of such commodities
in amounts which, together with the proceeds thereof, will provide a
return to such producers which is as nearly equal to parity price as the
funds so made available will permit. All funds available for such
payments with respect to these commodities shall unless otherwise
provided by law, be apportioned to these commodities in proportion to
the amount by which each fails to reach the parity income. Such
payments shall be in addition to and not in substitution for any other
payments authorized by law.
(Feb. 16, 1938, ch. 30, title III, 303, 52 Stat. 45.)
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
Rental or benefit payments, see section 608 of this title.
07 USC 1304. Consumer safeguards
TITLE 7 -- AGRICULTURE
The powers conferred under this chapter shall not be used to
discourage the production of supplies of foods and fibers sufficient to
maintain normal domestic human consumption as determined by the
Secretary from the records of domestic human consumption in the years
1920 to 1929, inclusive, taking into consideration increased population
quantities of any commodity that were forced into domestic consumption
by decline in exports during such period, current trends in domestic
consumption and exports of particular commodities, and the quantities of
substitutes available for domestic consumption within any general class
of food commodities. In carrying out the purposes of this chapter it
shall be the duty of the Secretary to give due regard to the maintenance
of a continuous and stable supply of agricultural commodities from
domestic production adequate to meet consumer demand at prices fair to
both producers and consumers.
(Feb. 16, 1938, ch. 30, title III, 304, 52 Stat. 45.)
07 USC 1305. Transfer of acreage allotments or feed grain bases on
public lands upon request of State agencies
TITLE 7 -- AGRICULTURE
Notwithstanding any other provision of law, the Secretary, upon the
request of any agency of any State charged with the administration of
the public lands of the State, may permit the transfer of acreage
allotments or feed grain bases together with relevant production
histories which have been determined pursuant to this chapter, or
section 590p of title 16, from any farm composed of public lands to any
other farm or farms in the same county composed of public lands:
Provided, That as a condition for the transfer of any allotment or base
an acreage equal to or greater than the allotment or base transferred
prior to adjustment, if any, shall be devoted to and maintained in
permanent vegetative cover on the farm from which the transfer is made.
The Secretary shall prescribe regulations which he deems necessary for
the administration of this section, which may provide for adjusting
downward the size of the allotment or base transferred if the farm to
which the allotment or base is transferred normally has a higher yield
per acre for the commodity for which the allotment or base is
determined, for reasonable limitations on the size of the resulting
allotments and bases on farms to which transfers are made, taking into
account the size of the allotments and bases on farms of similar size in
the community, and for retransferring allotments or bases and relevant
histories if the conditions of the transfers are not fulfilled.
(Pub. L. 89-321, title VII, 706, Nov. 3, 1965, 79 Stat. 1210; Pub.
L. 91-524, title IV, 405(a), formerly 405, title VI, 606, Nov. 30, 1970,
84 Stat. 1366, 1378, as redesignated and amended; Pub. L. 93-86, 1(12),
Aug. 10, 1973, 87 Stat. 229.)
Section was enacted as part of the Food and Agriculture Act of 1965,
and not as part of the Agricultural Adjustment Act of 1938 which
comprises this chapter.
1973 -- Pub. L. 93-86 struck out provision that term ''acreage
allotments'' as used in this section includes the domestic allotment for
wheat.
1970 -- Pub. L. 91-524 temporarily inserted reference to the
Agricultural Act of 1949, as amended, and provided that ''acreage
allotments'' includes farm base acreage allotments for upland cotton and
domestic allotment for wheat. See Effective and Termination Dates of
1970 Amendment note below.
Section 1(12) of Pub. L. 93-86 provided that the amendment made by
that section is effective with 1974 crop.
Sections 405(a) and 606 of Pub. L. 91-524, as amended by section 1(
12), (22) of Pub. L. 93-86, provided that the amendments made by those
sections are effective only with respect to 1971 through 1977 crops.
07 USC 1306. Projected yields; determination; base period
TITLE 7 -- AGRICULTURE
Notwithstanding any other provision of law, in the determination of
farm yields the Secretary may use projected yields in lieu of normal
yields. In the determination of such yields the Secretary shall take
into account the actual yield proved by the producer for the base period
used in determining the projected yield, and the projected yield shall
not be less than such actual yield proved by the producer.
(Pub. L. 89-321, title VII, 708, Nov. 3, 1965, 79 Stat. 1211; Pub.
L. 91-524, title IV, 405(b), as added Pub. L. 93-86, 1(12), Aug. 10,
1973, 87 Stat. 229.)
Section was enacted as part of the Food and Agriculture Act of 1965,
and not as part of the Agricultural Adjustment Act of 1938 which
comprises this chapter.
1973 -- Pub. L. 91-524, 405(b), as added by Pub. L. 93-86,
temporarily inserted ''(except that in the case of wheat, if the yield
is abnormally low in any one of the calendar years of the base period
because of drought, flood, or other natural disaster, the Secretary
shall take into account the actual yield proved by the producer in the
other four years of such base period)'' after ''determining the
projected yield''. See Effective and Termination Dates of 1973
Amendment note below.
Section 405(b) of Pub. L. 91-524, as added by section 1(12) of Pub.
L. 93-86, provided that the amendment made by that section is effective
with respect to 1974 through 1977 crops.
07 USC 1307. Limitation on payments under wheat, feed grains, and
cotton programs for 1974 through 1977 crops
TITLE 7 -- AGRICULTURE
Notwithstanding any other provision of law --
(1) The total amount of payments which a person shall be entitled to
receive under one or more of the annual programs established by titles
IV, V, and VI of this Act for the 1974 through 1976 crops of the
commodities and by titles IV and V of the Food and Agriculture Act of
1977 and titles IV, V, and VI of this Act for the 1977 crop of the
commodities shall not exceed $20,000.
(2) The term ''payments'' as used in this section shall not include
loans or purchases, or any part of any payment which is determined by
the Secretary to represent compensation for resource adjustment or
public access for recreation.
(3) If the Secretary determines that the total amount of payments
which will be earned by any person under the program in effect for any
crop will be reduced under this section, the set-aside acreage for the
farm or farms on which such person will be sharing in payments earned
under such program shall be reduced to such extent and in such manner as
the Secretary determines will be fair and reasonable in relation to the
amount of the payment reduction.
(4) The Secretary shall issue regulations defining the term
''person'' and prescribing such rules as he determines necessary to
assure a fair and reasonable application of such limitation: Provided,
That the provisions of this Act which limit payments to any person shall
not be applicable to lands owned by States, political subdivisions, or
agencies thereof, so long as such lands are farmed primarily in the
direct furtherance of a public function, as determined by the Secretary.
The rules for determining whether corporations and their stockholders
may be considered as separate persons shall be in accordance with the
regulations issued by the Secretary on December 18, 1970.
(Pub. L. 91-524, title I, 101, Nov. 30, 1970, 84 Stat. 1358; Pub.
L. 93-86, 1(1), Aug. 10, 1973, 87 Stat. 221; Pub. L. 95-113, title I,
104, Sept. 29, 1977, 91 Stat. 919.)
This Act, referred to in pars. (1) and (4), is Pub. L. 91-524, Nov.
30, 1970, 84 Stat. 1358, as amended, known as the Agricultural Act of
1970. Title IV of that Act enacted section 1334a-1 of this title,
amended sections 1301, 1305, 1306, 1378, 1379, 1379b, 1379c, 1379d,
1379e, 1379g, 1385, 1427, 1428, and 1445a of this title, and enacted
provisions set out as notes under sections 1301, 1305, 1306, 1330 to
1334, 1335, 1336, 1338, 1339, and 1379c of this title. Title V of that
Act amended section 1444b of this title and provisions set out as a note
under section 1444b of this title. Title VI of that Act enacted
sections 1342a, 1350a, and 2119 of this title, amended sections 1305,
1344b, 1350, 1374, 1378, 1379, 1385, 1427, 1428, 1444, and 1444a of this
title, and enacted provisions set out as notes under sections 1305,
1342, 1342a, 1343, 1344, 1344b, 1345, 1346, 1377, 1378, 1379, 1385,
1427, 1428, 1444, and 1446d of this title. For complete classification
of this Act to the Code, see Short Title of 1970 Amendment note set out
under section 1281 of this title and Tables.
The Food and Agriculture Act of 1977, referred to in par. (1), is
Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913. Title IV of the Food
and Agriculture Act of 1977 enacted section 1445b of this title, amended
sections 1385, 1427, and 1428 of this title, and enacted provisions set
out as notes under sections 1330, 1331, 1379d, 1385, 1427, 1428, 1445a,
and 1445b of this title. Title V of the Food and Agriculture Act of
1977 enacted section 1444c of this title and enacted provisions set out
as notes under sections 1444b and 1444c of this title. For complete
classification of this Act to the Code, see Short Title of 1977
Amendment note set out under 1281 of this title and Tables.
Section was enacted as part of the Agricultural Act of 1970, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
1977 -- Par. (1). Pub. L. 95-113 substituted ''to receive under one
or more of the annual programs established by titles IV, V, and VI of
this Act for the 1974 through 1976 crops of the commodities and by
titles IV and V of the Food and Agriculture Act of 1977 and titles IV,
V, and VI of this Act for the 1977 crop'' for ''to receive under one or
more of the annual programs established by titles IV, V, and VI of this
Act for the 1974 through 1977 crops''.
1973 -- Par. (1). Pub. L. 93-86 substituted ''one or more of the
annual programs established by titles IV, V, and VI of this Act for the
1974 through 1977 crops of the Commodities shall not exceed $20,000''
for ''each of the annual programs established by titles IV, V, and VI of
this Act for the 1971, 1972, or 1973 crop of the commodity shall not
exceed $55,000''.
Par. (2). Pub. L. 93-86 substituted ''shall not include loans or
purchases, or any part of any payment which is determined by the
Secretary to represent compensation for resource adjustment or public
access for recreation'' for ''includes price-support payments, set-aside
payments, diversion payments, public access payments, and marketing
certificates, but does not include loans or purchases''.
Par. (3). Pub. L. 93-86 reenacted par. (3) without change.
Par. (4). Pub. L. 93-86 inserted provision that the rules for
determining whether corporations and their stockholders may be
considered as separate persons shall be in accordance with the
regulations issued by the Secretary on December 18, 1970.
Section 1901 of Pub. L. 95-113 provided that: ''Except as otherwise
provided herein, the provisions of this Act (see Short Title of 1977
Amendment note set out under section 1281 of this title) shall become
effective October 1, 1977.''
Pub. L. 95-156, Nov. 8, 1977, 91 Stat. 1264, provided: ''That,
notwithstanding any other provision of law, the term 'payments' as used
in section 101 of the Agricultural Act of 1970, as amended (this
section), and section 101(g)(13) of the Agricultural Act of 1949, as
amended (section 1441(g)(13) of this title), shall not include any part
of any payment which is determined by the Secretary of Agriculture to
represent compensation for disaster loss with respect to the 1977 crops
of wheat, feed grains, upland cotton, and rice.''
07 USC 1308. Limitation on payments under wheat, feed grains, upland
cotton, extra long staple cotton, honey, and rice programs for 1987
through 1990 crops
TITLE 7 -- AGRICULTURE
Notwithstanding any other provision of law:
(1)(A) Subject to sections 1308-1 through 1308-3 of this title, for
each of the 1987 through 1995 crops, the total amount of deficiency
payments (excluding any deficiency payments described in paragraph (2)(
B)(I)(iv) of this section) and land diversion payments that a person
shall be entitled to receive under one or more of the annual programs
established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)
for wheat, feed grains, upland cotton, extra long staple cotton, and
rice may not exceed $50,000.
(B) Subject to sections 1308-1 through 1308-3 of this title for each
of the 1991 through 1995 crops, the total amount of payments specified
in clauses (iii), (iv), and (v) of paragraph (2)(B) that a person shall
be entitled to receive under one or more of the annual programs
established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)
for wheat, feed grains, upland cotton, rice, and oilseeds (as defined in
section 205(a) of the Agricultural Act of 1949 (7 U.S.C. 1446f(a))) may
not exceed $75,000.
(2)(A) Subject to sections 1308-1 through 1308-3 of this title, for
each of the 1991 through 1995 crops, the total amount of payments set
forth in subparagraph (B) that a person shall be entitled to receive
under one or more of the annual programs established under the
Agricultural Act of 1949 for wheat, feed grains, upland cotton, extra
long staple cotton, rice, and other commodities, when combined with
payments for such crop described in paragraph (1), shall not exceed
$250,000.
(B) As used in subparagraph (A), the term ''payments'' means --
(i) any part of any payment that is determined by the Secretary of
Agriculture to represent compensation for resource adjustment (excluding
land diversion payments) or public access for recreation;
(ii) any disaster payments under one or more of the annual programs
for a commodity established under the Agricultural Act of 1949;
(iii) any gain realized by a producer from repaying a loan for a crop
of any commodity (other than honey) at a lower level than the original
loan level established under the Agricultural Act of 1949 (7 U.S.C. 1421
et seq.);
(iv) any deficiency payment received for a crop of wheat or feed
grains under section 107B(c)(1) or 105B(c)(1), respectively, of the
Agricultural Act of 1949 (7 U.S.C. 1445b-3a(c)(1) or 1444f(c)(1)) as the
result of a reduction of the loan level for such crop under section
107B(a)(3) or 105B(a)(3) of such Act (7 U.S.C. 1445b-3a(a)(3) or 1444f(
a)(3));
(v) any loan deficiency payment received for a crop of wheat, feed
grains, upland cotton, rice, or oilseeds under section 107B(b), 105B(
b), 103B(b), 101B(b), or 205(e), respectively, of the Agricultural Act
of 1949 (7 U.S.C. 1445b-3a(b), 1444f(b), 1444-2(b), 1441-2(b), or
1446f(e)); and
(vi) any inventory reduction payment received for a crop of wheat,
feed grains, upland cotton, or rice under section 107B(f), 105B(f),
103B(f), or 101B(f), respectively, of the Agricultural Act of 1949 (7
U.S.C. 1445b-3a(f), 1444f(f), 1444-2(f), or 1441-2(f)).
Such terms shall not include loans or purchases, except as
specifically provided for in this paragraph.
(C) No certificate redeemable for stocks of a commodity held by the
Commodity Credit Corporation may be redeemed for honey held by the
Corporation.
(3) Notwithstanding the foregoing provisions of this section, if the
Secretary of Agriculture determines that any of the limitations provided
for in paragraph (2) will result in a substantial increase in the number
or dollar amount of loan forfeitures for a crop of a commodity, will
substantially reduce the acreage taken out of production under an
acreage reduction program for a crop of a commodity, or will cause the
market prices for a crop of a commodity to fall substantially below the
effective loan rate for the crop, the Secretary shall adjust upward such
limitation, under such terms and conditions as the Secretary determines
appropriate, as necessary to eliminate such adverse effect on the
program involved.
(4) If the Secretary determines that the total amount of payments
that will be earned by any person under the program in effect for any
crop will be reduced under this section, any acreage requirement
established under a set-aside or acreage limitation program for the farm
or farms on which such person will be sharing in payments earned under
such program shall be adjusted to such extent and in such manner as the
Secretary determines will be fair and reasonable in relation to the
amount of the payment reduction.
(5)(A) The Secretary shall issue regulations --
(i) defining the term ''person''; and
(ii) prescribing such rules as the Secretary determines necessary to
assure a fair and reasonable application of the limitation established
under this section.
Such regulations shall incorporate the provisions in subparagraphs
(B) through (E) of this paragraph, paragraphs (6) and (7), and sections
1308-1 through 1308-3 of this title.
(B)(i) For the purposes of the regulations issued under subparagraph
(A), subject to clause (ii), the term ''person'' means --
(I) an individual, including any individual participating in a
farming operation as a partner in a general partnership, a participant
in a joint venture, a grantor of a revocable trust, or a participant in
a similar entity (as determined by the Secretary);
(II) a corporation, joint stock company, association, limited
partnership, charitable organization, or other similar entity (as
determined by the Secretary), including any such entity or organization
participating in the farming operation as a partner in a general
partnership, a participant in a joint venture, a grantor of a revocable
trust, or as a participant in a similar entity (as determined by the
Secretary); and
(III) a State, political subdivision, or agency thereof.
(ii)(I) Such regulations shall provide that the term ''person'' does
not include any cooperative association of producers that markets
commodities for producers with respect to the commodities so marketed
for producers.
(II) In defining the term ''person'' as it will apply to irrevocable
trusts and estates, the Secretary shall ensure that fair and equitable
treatment is given to trusts and estates and the beneficiaries thereof.
(III) Notwithstanding any other provision of law, to be considered a
separate person under this section, an irrevocable trust (other than a
trust established prior to January 1, 1987) must not allow for
modification or termination of the trust by the grantor, allow for the
grantor to have any future, contingent, or remainder interest in the
corpus of the trust, or provide for the transfer of the corpus of the
trust to the remainder beneficiary in less than 20 years from the date
the trust is established except in cases where the transfer is
contingent on the remainder beneficiary achieving at least the age of
majority or is contingent on the death of the grantor or income
beneficiary.
(iii) The regulations shall provide that, with respect to any married
couple, the husband and wife shall be considered to be one person,
except that, for the purpose of the application of the limitations
established under this section --
(I) in the case of any married couple consisting of spouses who,
prior to their marriage, were separately engaged in unrelated farming
operations, each spouse shall be treated as a separate person with
respect to the farming operation brought into the marriage by the spouse
so long as the operation remains as a separate farming operation; and
(II) at the option of the Secretary, in the case of any married
couple consisting of spouses who do not hold, directly or indirectly, a
substantial beneficial interest in more than one entity (including the
spouses themselves) engaged in farm operations that also receives farm
program payments (as described in paragraphs (1) and (2)) as separate
persons, the spouses may be considered as separate persons if each
spouse meets the other requirements established under this section and
section 1308-1 of this title to be considered to be a separate person.
(C) The regulations issued by the Secretary on December 18, 1970,
under section 1307 of this title shall be used to establish the
percentage ownership of a corporation by the stockholders of such
corporation for the purpose of determining whether such corporation and
stockholders are separate persons under this section.
(D) Any person that conducts a farming operation to produce a crop
subject to limitations under this section as a tenant that rents the
land for cash (or a crop share guaranteed as to the amount of the
commodity to be paid in rent) and that makes a significant contribution
of active personal management but not of personal labor shall be
ineligible to receive any payment specified in paragraph (1) or (2) or
subtitle D of title XII (16 U.S.C. 3831 et seq.) with respect to such
land unless the tenant makes a significant contribution of equipment
used in the farming operation.
(E) The Secretary may not approve (for purposes of the application of
the limitations under this section) any change in a farming operation
that otherwise will increase the number of persons to which the
limitations under this section are applied unless the Secretary
determines that the change is bona fide and substantive. In the
implementation of the preceding sentence, the addition of a family
member to a farming operation under the criteria set out in section
1308-1(b)(1)(B) of this title shall be considered a bona fide and
substantive change in the farming operation.
(6) The provisions of this section that limit payments to any person
shall not be applicable to land owned by a public school district or
land owned by a State that is used to maintain a public school.
(7) Regulations of the Secretary shall establish time limits for the
various steps involved with notice, hearing, decision, and the appeals
procedure in order to ensure expeditious handling and settlement of
payment limitation disputes. Notwithstanding any other provision of
law, actions taken by an individual or other entity in good faith on
action or advice of an authorized representative of the Secretary may be
accepted as meeting the requirement under this section or section 1308-1
of this title, to the extent the Secretary deems it desirable in order
to provide fair and equitable treatment.
(Pub. L. 99-198, title X, 1001, Dec. 23, 1985, 99 Stat. 1444; Pub.
L. 99-500, 108(a), Oct. 18, 1986, 100 Stat. 1783-346, and Pub. L.
99-591, 108(a), Oct. 30, 1986, 100 Stat. 3341-346; Pub. L. 100-71,
title I, July 11, 1987, 101 Stat. 428; Pub. L. 100-203, title I,
1301(a)(1), (2), 1303, 1305(c), 1307, Dec. 22, 1987, 101 Stat.
1330-12, 1330-16, 1330-18, 1330-19; Pub. L. 101-217, 1, 2, Dec. 11,
1989, 103 Stat. 1857; Pub. L. 101-624, title XI, 1111(a), (c), (e),
Nov. 28, 1990, 104 Stat. 3497-3499; Pub. L. 102-237, title I, 118(b),
Dec. 13, 1991, 105 Stat. 1841.)
The Agricultural Act of 1949, referred to in pars. (1) and (2)(A),
(B)(ii), (iii), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as
amended, which is classified principally to chapter 35A ( 1421 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1421 of this title and Tables.
Subtitle D of title XII, referred to in par. (5)(D), means subtitle
D of title XII of the Food Security Act of 1985, Pub. L. 99-198, Dec.
23, 1985, 99 Stat. 1354, as amended, which is classified generally to
subchapter IV ( 3831 et seq.) of chapter 58 of Title 16, Conservation.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section was enacted as part of the Food Security Act of 1985, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
A prior section 1308, Pub. L. 97-98, title XI, 1101, Dec. 22, 1981,
95 Stat. 1263; Pub. L. 98-88, 6, Aug. 26, 1983, 97 Stat. 499, related
to programs for 1982 through 1985 crops.
Another prior section 1308, Pub. L. 95-113, title I, 101, Sept. 29,
1977, 91 Stat. 917; Pub. L. 96-213, 5, Mar. 18, 1980, 94 Stat. 120,
related to programs for 1978 through 1981 crops.
1991 -- Par. (2)(B)(iv). Pub. L. 102-237 inserted ''section'' before
''107B(c)(1)''.
1990 -- Par. (1). Pub. L. 101-624, 1111(a)(1), designated existing
provisions as subpar. (A), substituted ''1995'' for ''1990'', and added
subpar. (B).
Par. (2)(A). Pub. L. 101-624, 1111(a)(2), substituted ''1991 through
1995 crops'' for ''1987 through 1990 crops'' and substituted ''and'' for
''honey, and (with respect to clause (iii)(II) of subparagraph (B))''
after ''rice,''.
Par. (2)(B)(iii). Pub. L. 101-624, 1111(a)(3)(A), added cl. (iii) and
struck out former cl. (iii) which read as follows: ''(iii)(I) any gain
realized by a producer from repaying a loan for a crop of wheat, feed
grains, upland cotton, rice, or honey at the rate permitted under
section 107D(a)(5), 105C(a)(4), 103A(a)(5), 101A(a)(5), or 201(b)(2),
respectively, of the Agricultural Act of 1949 or (II) any gain realized
by a producer from repaying a loan for a crop of any other commodity at
a lower level than the original loan level established under the
Agricultural Act of 1949;''
Par. (2)(B)(iv). Pub. L. 101-624, 1111(a)(3)(B), substituted ''107B(
c)(1) or 105B(c)(1)'' for ''section 107D(c)(1) or 105C(c)(1)'', and
''section 107B(a)(3) or 105B(a)(3)'' for ''section 107D(a)(4) or 105C(
a)(3)''.
Par. (2)(B)(v). Pub. L. 101-624, 1111(a)(3)(C), added cl. (v) and
struck out former cl. (v) which read as follows: ''(v) any loan
deficiency payment received for a crop of wheat, feed grains, upland
cotton, or rice under section 107D(b), 105C(b), 103A(b), or 101A(b),
respectively, of the Agricultural Act of 1949; and''.
Par. (2)(B)(vi). Pub. L. 101-624, 1111(a)(3)(D), substituted
''section 107B(f), 105B(f), 103B(f), or 101B(f)'' for ''section 107D(
g), 105C(g), 103A(g), or 101A(g)''.
Par. (5)(B)(ii)(III). Pub. L. 101-624, 1111(e), added subcl. (III).
Par. (5)(B)(iii). Pub. L. 101-624, 1111(c), amended cl. (iii)
generally. Prior to amendment, cl. (iii) read as follows: ''Such
regulations shall provide that, with respect to any married couple, the
husband and wife shall be considered to be one person, except that any
married couple consisting of spouses who, prior to their marriage, were
separately engaged in unrelated farming operations, each spouse shall be
treated as a separate person with respect to the farming operation
brought into the marriage by such spouse so long as such operation
remains as a separate farming operation, for the purposes of the
application of the limitations under this section.''
1989 -- Par. (5)(D). Pub. L. 101-217, 2, amended subpar. (D)
generally, striking out cl. (i) designation, substituting ''Any'' for
''Except as provided in clause (ii), any'' and ''ineligible to receive
any payment specified in paragraph (1) or (2) or subtitle D of title XII
with respect to such land'' for ''considered the same person as the
landlord'', and struck out cls. (ii) and (iii) which read as follows:
''(ii) A tenant that because of any act or failure to act would
otherwise be considered the same person as the landlord under clause (i)
shall not be considered the same person as the landlord if the Secretary
has at any time made a determination, for purposes of this section,
regarding the number of persons with respect to the tenant's operation
on such land for the 1989 crop year and the landlord did not consent to
or knowingly participate in such act or failure to act.
''(iii) Any tenant that would be considered to be the same person as
the landlord but for the operation of clause (ii) shall be eligible to
receive any payment specified in paragraph (1) or (2) or subtitle D of
title XII with respect to such land only to the extent that the tenant
would be eligible for such payments if the tenant were to be considered
the same person as the landlord under the regulations in place
immediately prior to the enactment of this subparagraph.''
Pub. L. 101-217, 1, in temporarily amending subpar. (D) generally,
designated existing provisions as cl. (i) and added cls. (ii) and
(iii). See Effective and Termination Dates of 1989 Amendment note
below.
1987 -- Par. (1). Pub. L. 100-203, 1301(a)(1), substituted ''Subject
to sections 1308-1 through 1308-3 of this title, for each'' for ''For
each''.
Par. (2)(A). Pub. L. 100-203, 1301(a)(2)(A), substituted ''Subject to
sections 1308-1 through 1308-3 of this title, for each'' for ''For
each''.
Par. (2)(C). Pub. L. 100-203, 1307, struck out cl. (ii) designation,
and struck out cl. (i) which read as follows: ''The total amount of
loans on a crop of honey that a person may have outstanding at any one
time under the annual program established for such crop under the
Agricultural Act of 1949 may not exceed $250,000 less the amount of
payments, as described in paragraph (1) and subparagraphs (A) and (B) of
this paragraph, received by such person for the crop year involved.''
Pub. L. 100-203, 1301(a)(2)(B), which directed substitution of
''Subject to sections 1308-1 through 1308-3 of this title, the total''
for ''The total'' could not be executed in view of amendments by Pub.
L. 100-71 and section 1307 of Pub. L. 100-203.
Pub. L. 100-71 designated existing provision as cl. (i) and added
cl. (ii).
Par. (5)(A). Pub. L. 100-203, 1303(a)(1), (2), inserted after first
sentence ''Such regulations shall incorporate the provisions in
subparagraphs (B) through (E) of this paragraph, paragraphs (6) and (7),
and sections 1308-1 through 1308-3 of this title'' and struck out at end
''Such regulations shall provide that the term 'person' does not include
any cooperative association of producers that markets commodities for
producers with respect to the commodities so marketed for producers.''
Par. (5)(B). Pub. L. 100-203, 1303(a)(2), (3), added subpar. (B) and
redesignated former subpar. (B) as (C).
Par. (5)(C). Pub. L. 100-203, 1303(a)(3), redesignated subpar. (B) as
(C).
Par. (5)(D), (E). Pub. L. 100-203, 1303(a)(4), added subpars. (D)
and (E).
Par. (6). Pub. L. 100-203, 1303(b), amended par. (6) generally.
Prior to amendment, par. (6) read as follows: ''The provisions of this
section that limit payments to any person shall not be applicable to
lands or animals owned by States, political subdivisions, or agencies
thereof, so long as such lands are farmed or animals are husbanded
primarily in the direct furtherance of a public function, as determined
by the Secretary.''
Par. (7). Pub. L. 100-203, 1305(c), added par. (7).
1986 -- Par. (1). Pub. L. 99-500 and Pub. L. 99-591, 108(a)(1), in
temporarily amending par. (1) generally, substituted provision
limiting, for each of the 1987 through 1990 crops, the total amount of
deficiency payments, excluding deficiency payments described in par.
(2)(B)(I)(iv) and land diversion payments that any one person be
entitled to as not to exceed $50,000 for provision limiting, for each of
the 1986 through 1990 crops, the total amount of payments, excluding
disaster payments, that any one person be entitled to as not to exceed
$50,000. See Effective and Termination Dates of 1986 Amendment note
below.
Par. (2). Pub. L. 99-500 and Pub. L. 99-591, 108(a)(1), in
temporarily amending par. (2) generally, designated existing provision
as subpar. (A), and in subpar. (A) as so designated, substituted
provision limiting, for each of the 1987 through 1990 crops, the total
amount of payments set forth in subpar. (B) that any one person be
entitled to as not to exceed $250,000 and inserting honey as an eligible
crop for provision limiting, for each of the 1986 through 1990 crops,
the total amount of disaster payments not any one person be entitled to
as not to exceed $100,000, and added subpars. (B) and (C). See
Effective and Termination Dates of 1986 Amendment note below.
Par. (3). Pub. L. 99-500 and Pub. L. 99-591, 108(a)(1), temporarily
substituted provision authorizing the Secretary, if he determines that a
limitation will have an adverse effect on a program, to adjust upward
such limitation as appropriate or necessary for provision specifying
what is not included within the term ''payments'' as used in this
section. See Effective and Termination Dates of 1986 Amendment note
below.
Par. (5)(A). Pub. L. 99-500 and Pub. L. 99-591, 108(a)(2),
temporarily inserted provision that the term ''person'' not include any
cooperative association of producers that markets commodities for
producers with respect to the commodities so marketed for producers.
See Effective and Termination Dates of 1986 Amendment note below.
Par. (6). Pub. L. 99-500 and Pub. L. 99-591, 108(a)(3), temporarily
substituted ''lands or animals owned'' for ''lands owned'' and inserted
''or animals are husbanded''. See Effective and Termination Dates of
1986 Amendment note below.
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Section 1 of Pub. L. 101-217 provided that the amendment made by
that section is effective only for 1989 crops.
Section 2 of Pub. L. 101-217, as amended by Pub. L. 101-624, title
XI, 1111(i), Nov. 28, 1990, 104 Stat. 3500, provided that the
amendment made by that section is effective beginning with 1990 crops.
Sections 1301(a) and 1303 of Pub. L. 100-203 provided that the
amendments made by sections 1301(a)(1), (2) and 1303 of Pub. L.
100-203 are effective beginning with 1989 crops.
Section 108(a) of Pub. L. 99-500 and Pub. L. 99-591 provided that
the amendment made by that section is effective with respect to each of
1987 through 1990 crops.
Section 108(b) of Pub. L. 99-500 and Pub. L. 99-591 provided that:
''The amendments made by subsection (a) (amending this section) shall
not apply with respect to any payment or loan received under any
agreement or contract made before the date of enactment of this Act
(Oct. 18, 1986).''
Section 3 of Pub. L. 101-217 provided that: ''Nothing in this Act
(amending this section and enacting provisions set out as notes under
this section) shall be construed in any way to limit the authority of
the Secretary of Agriculture to provide equitable relief under any
provision of law.''
Section 1304(a) of Pub. L. 100-203 provided that:
''(1) In general. -- The Secretary of Agriculture shall implement a
payment provisions education program for appropriate personnel of the
Department of Agriculture and members and other personnel of local,
county, and State committees established under section 8(b) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), for the
purpose of fostering more effective and uniform application of the
payment limitations and restrictions under sections 1001 through 1001C
of the Food Security Act of 1985 (sections 1808 to 1308-3 of this
title).
''(2) Training. -- The education program shall provide training to
such personnel in the fair, accurate, and uniform application to
individual farming operations of the provisions of law and regulation
relating to the payment provisions of sections 1001 through 1001C of the
Food Security Act of 1985. Particular emphasis shall be given to the
changes in the law made by sections 1301, 1302, and 1303 of this Act
(enacting section 1308-1 of this title, amending this section, and
enacting provisions set out as notes under this section and section
1308-1 of this title).
''(3) Implementation. -- The education program shall be fully
implemented, and the training completed, not later than 30 days after
the date final regulations are issued to carry out the amendments made
by this subtitle (enacting sections 1308-1 to 1308-3 of this title and
amending this section and section 1308-1 of this title).
''(4) Commodity Credit Corporation. -- The Secretary shall carry out
the program provided under this subsection through the Commodity Credit
Corporation.''
Rules; Equitable Adjustments
Section 1305(a), (b) of Pub. L. 100-203 provided that:
''(a) Regulations. --
''(1) Issuance. -- The Secretary of Agriculture shall issue --
''(A) proposed regulations to carry out the amendments made by this
subtitle (enacting sections 1308-1 to 1308-3 of this title and amending
this section and section 1308-1 of this title) not later than April 1,
1988; and
''(B) final regulations to carry out such amendments not later than
August 1, 1988.
''(2) Field instructions. -- Any field instructions relating to, or
other supplemental clarifications of, the regulations issued under
sections 1001 through 1001C of the Food Security Act of 1985 (sections
1308 to 1308-3 of this title) shall not be used in resolving issues
involved in the application of the payment limitations or restrictions
under such sections or regulations to individuals, other entities, or
farming operations until copies of the publication are made available to
the public.
''(b) Allowance for Equitable Reorganizations. -- To allow for the
equitable reorganization of farming operations to conform to the
limitations and restrictions contained in the amendments made to the
Food Security Act of 1985 by this subtitle (enacting sections 1308-1 to
1308-3 of this title and amending this section and section 1308-1 of
this title) in cases in which the application of such limitations and
restrictions will reduce payments to the farming operation (as
determined by the Secretary), the Secretary may waive the application of
the substantive change rule under section 1001(5)(E) (section 1308(
5)(E) of this title), as added by section 1303 of this Act, or any
regulation of the Secretary containing a comparable rule, to any
reorganization applied for prior to the final date when producers are
eligible to enter into contracts to participate in the commodity
programs established for the 1989 crop year, to the extent the Secretary
determines appropriate to facilitate any such equitable reorganizations
that does not increase such payments.''
Section 1305(d) of Pub. L. 100-203 provided that: ''Notwithstanding
section 1234(f)(2) of the Food Security Act of 1985 (16 U.S.C. 3834(
f)), paragraphs (5) through (7) of section 1001 (section 1308(5)-(7) of
this title), as amended by this subtitle, and sections 1001A through
1001C, of the Food Security Act of 1985 (sections 1308-1 to 1308-3 of
this title) shall apply to the conservation reserve program under
subtitle D of title XII of such Act (16 U.S.C. 3831 et seq.) with
respect to rental payments to persons under contracts entered into after
the date of the enactment of this Act (Dec. 22, 1987), except with
respect to landlords that receive cash rent, or a crop share guaranteed
as to the amount of the commodity to be paid in rent, for the use of the
land.''
Section 108(c) of Pub. L. 99-500 and Pub. L. 99-591 provided that:
''(1)(A) The Secretary of Agriculture shall review the regulations in
effect on the date of enactment of this Act (Oct. 18, 1986) that define
'person' under section 1001 of the Food Security Act of 1985 (this
section) and related regulations in effect on such date otherwise
affecting the payment limitations under such section, to determine ways
in which such regulations can be revised to better ensure the fair and
reasonable application of limitations and eliminate fraud and abuse in
the application of such payment limitations.
''(B) The Secretary also shall review the amendments to section 1001
of the Food Security Act of 1985 made by this section.
''(2) Based on the reviews conducted under paragraph (1), the
Secretary of Agriculture shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives, not later than March 1, 1987, a report
on such reviews and --
''(A) with respect to the matters reviewed under paragraph (1)(A),
proposed regulations or amendments to regulations, to take effect not
earlier than October 1, 1987, that will meet the object with respect to
limitations specified in paragraph (1)(A); and
''(B) with respect to the matters reviewed under paragraph (1)(B),
recommendations on legislative changes to section 1001 of the Food
Security Act of 1985 that the Secretary determines are necessary or
appropriate.''
Pub. L. 99-198 (last sentence), as added by Pub. L. 99-500, 101(a)
(title VI, 636), Oct. 18, 1986, 100 Stat. 1783, 1783-34, and Pub. L.
99-591, 101(a) (title VI, 636), Oct. 30, 1986, 100 Stat. 3341,
3341-34, provided that: ''Effective for each of the 1987 through 1990
crops, the Secretary may not deny a person status as a separate person
solely on the ground that a family member cosigns for, or makes a loan
to, such person and leases, loans, or gives such person equipment, land
or labor, if such family members were organized as separate units prior
to December 31, 1985.''
16 section 2106a.
07 USC 1308-1. Prevention of creation of entities to qualify as
separate persons; payments limited to active farmers
TITLE 7 -- AGRICULTURE
(a) Prevention of creation of entities to qualify as separate persons
For the purposes of preventing the use of multiple legal entities to
avoid the effective application of the payment limitations under section
1308 of this title:
(1) In general
A person (as defined in section 1308(5)(B)(i) of this title) that
receives farm program payments (as described in paragraphs (1) and (2)
of this section as being subject to limitation) for a crop year under
the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) may not also hold,
directly or indirectly, substantial beneficial interests in more than
two entities (as defined in section 1308(5)(B)(i)(II) of this title)
engaged in farm operations that also receive such payments as separate
persons, for the purposes of the application of the limitations under
section 1308 of this title. A person that does not receive such
payments for a crop year may not hold, directly or indirectly,
substantial beneficial interests in more than three entities that
receive such payments as separate persons, for the purposes of the
application of the limitations under section 1308 of this title.
(2) Minimal beneficial interests
For the purpose of this subsection, a beneficial interest in any
entity that is less than 10 percent of all beneficial interests in such
entity combined shall not be considered a substantial beneficial
interest, unless the Secretary determines, on a case-by-case basis, that
a smaller percentage should apply to one or more beneficial interests to
ensure that the purpose of this subsection is achieved.
(3) Notification by entities
To facilitate administration of this subsection, each entity
receiving such payments as a separate person shall notify each
individual or other entity that acquires or holds a substantial
beneficial interest in it of the requirements and limitations under this
subsection. Each such entity receiving payments shall provide to the
Secretary of Agriculture, at such times and in such manner as prescribed
by the Secretary, the name and social security number of each
individual, or the name and taxpayer identification number of each
entity, that holds or acquires a substantial beneficial interest.
(4) Notification of interest
(A) In general
If a person is notified that the person holds substantial beneficial
interests in more than the number of entities receiving payments that is
permitted under this subsection for the purposes of the application of
the limitations under section 1308 of this title, the person immediately
shall notify the Secretary, designating those entities that should be
considered as permitted entities for the person for purposes of applying
the limitations. Each remaining entity in which the person holds a
substantial beneficial interest shall be subject to reductions in the
payments to the entity subject to limitation under section 1308 of this
title in accordance with this subparagraph. Each such payment
applicable to the entity shall be reduced by an amount that bears the
same relation to the full payment that the person's beneficial interest
in the entity bears to all beneficial interests in the entity combined.
Before making such reductions, the Secretary shall notify all
individuals or entities affected thereby and permit them to adjust among
themselves their interests in the designated entity or entities.
(B) Notice not provided
If the person does not so notify the Secretary, all entities in which
the person holds substantial beneficial interests shall be subject to
reductions in the per person limitations under section 1308 of this
title in the manner described in subparagraph (A). Before making such
reductions, the Secretary shall notify all individuals or entities
affected thereby and permit them to adjust among themselves their
interests in the designated entity or entities.
(b) Payments limited to active farmers
(1) In general
To be separately eligible for farm program payments (as described in
paragraphs (1) and (2) of section 1308 of this title as being subject to
limitation) under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)
with respect to a particular farming operation (whether in the person's
own right or as a partner in a general partnership, a grantor of a
revocable trust, a participant in a joint venture, or a participant in a
similar entity (as determined by the Secretary) that is the producer of
the crops involved), a person must be an individual or entity described
in section 1308(5)(B)(i) of this title and actively engaged in farming
with respect to such operation, as provided under paragraphs (2), (3),
and (4).
(2) General classes actively engaged in farming
For the purposes of paragraph (1), except as otherwise provided in
paragraph (3):
(A) Individuals
An individual shall be considered to be actively engaged in farming
with respect to a farm operation if --
(i) the individual makes a significant contribution (based on the
total value of the farming operation) of --
(I) capital, equipment, or land; and
(II) personal labor or active personal management;
to the farming operation; and
(ii) the individual's share of the profits or losses from the farming
operation is commensurate with the individual's contributions to the
operation; and
(iii) the individual's contributions are at risk.
(B) Corporations or other entities
A corporation or other entity described in section 1308(5)(B)(i)(II)
of this title shall be considered as actively engaged in farming with
respect to a farming operation if --
(i) the entity separately makes a significant contribution (based on
the total value of the farming operation) of capital, equipment, or
land;
(ii) the stockholders or members collectively make a significant
contribution of personal labor or active personal management to the
operation; and
(iii) the standards provided in clauses (ii) and (iii) of paragraph
(A), as applied to the entity, are met by the entity.
(C) Entities making significant contributions
If a general partnership, joint venture, or similar entity (as
determined by the Secretary) separately makes a significant contribution
(based on the total value of the farming operation involved) of capital,
equipment, or land, and the standards provided in clauses (ii) and (iii)
of paragraph (A), as applied to the entity, are met by the entity, the
partners or members making a significant contribution of personal labor
or active personal management shall be considered to be actively engaged
in farming with respect to the farming operation involved.
(D) Equipment and personal labor
In making determinations under this subsection regarding equipment
and personal labor, the Secretary shall take into consideration the
equipment and personal labor normally and customarily provided by farm
operators in the area involved to produce program crops.
(3) Special classes actively engaged in farming
Notwithstanding paragraph (2), the following persons shall be
considered to be actively engaged in farming with respect to a farm
operation:
(A) Landowners
A person that is a landowner contributing the owned land to the
farming operation if the landowner receives rent or income for such use
of the land based on the land's production or the operation's operating
results, and the person meets the standard provided in clauses (ii) and
(iii) of paragraph (2)(A).
(B) Family members
With respect to a farming operation conducted by persons, a majority
of whom are individuals who are family members, an adult family member
who makes a significant contribution (based on the total value of the
farming operation) of active personal management or personal labor and,
with respect to such contribution, who meets the standards provided in
clauses (ii) and (iii) of paragraph (2)(A). For the purposes of the
preceding sentence, the term ''family member'' means an individual to
whom another family member in the farming operation is related as lineal
ancestor, lineal descendant, or sibling (including the spouses of those
family members who do not make a significant contribution themselves).
(C) Sharecroppers
A sharecropper who makes a significant contribution of personal labor
to the farming operation and, with respect to such contribution, who
meets the standards provided in clauses (ii) and (iii) of paragraph
(2)(A).
(4) Persons not actively engaged in farming
For the purposes of paragraph (1), except as provided in paragraph
(3), the following persons shall not be considered to be actively
engaged in farming with respect to a farm operation:
(A) Landlords
A landlord contributing land to the farming operation if the landlord
receives cash rent, or a crop share guaranteed as to the amount of the
commodity to be paid in rent, for such use of the land.
(B) Other persons
Any other person, or class of persons, determined by the Secretary as
failing to meet the standards set out in paragraphs (2) and (3).
(5) Custom farming services
A person receiving custom farming services will be considered
separately eligible for payment limitation purposes if such person is
actively engaged in farming based on paragraphs (1) through (3). No
other rules with respect to custom farming shall apply.
(6) Growers of hybrid seed
To determine whether a person growing hybrid seed under contract
shall be considered to be actively engaged in farming, the Secretary
shall not take into consideration the existence of a hybrid seed
contract.
(Pub. L. 99-198, title X, 1001A, as added and amended Pub. L.
100-203, title I, 1301(a)(3), 1302, Dec. 22, 1987, 101 Stat. 1330-12,
1330-14; Pub. L. 101-624, title XI, 1111(d), (f), Nov. 28, 1990, 104
Stat. 3498, 3499; Pub. L. 102-237, title I, 118(c), Dec. 13, 1991, 105
Stat. 1841.)
The Agricultural Act of 1949, referred to in subsecs. (a)(1) and
(b)(1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended,
which is classified principally to chapter 35A ( 1421 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1421 of this title and Tables.
Section was enacted as part of the Food Security Act of 1985, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
1991 -- Subsec. (a)(2). Pub. L. 102-237 struck out ''0 to'' after
''less than''.
1990 -- Subsec. (a)(2). Pub. L. 101-624, 1111(f), substituted ''0 to
10 percent'' for ''10 percent''.
Subsec. (b)(6). Pub. L. 101-624, 1111(d), added par. (6).
1987 -- Subsec. (b). Pub. L. 100-203, 1302, added subsec. (b).
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Section 1302 of Pub. L. 100-203 provided that the amendment made by
that section is effective beginning with 1989 crops.
Section 1301(a) of Pub. L. 100-203 provided that this section is
effective beginning with 1989 crops.
07 USC 1308-2. Schemes or devices
TITLE 7 -- AGRICULTURE
If the Secretary of Agriculture determines that any person has
adopted a scheme or device to evade, or that has the purpose of evading,
section 1308, 1308-1, or 1308-3 of this title, such person shall be
ineligible to receive farm program payments (as described in paragraphs
(1) and (2) of section 1308 of this title as being subject to
limitation) applicable to the crop year for which such scheme or device
was adopted and the succeeding crop year.
(Pub. L. 99-198, title X, 1001B, as added Pub. L. 100-203, title I,
1304(b), Dec. 22, 1987, 101 Stat. 1330-17.)
Section was enacted as part of the Food Security Act of 1985, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
Section 1304(b) of Pub. L. 100-203 provided that this section is
effective beginning with the 1989 crops.
of this title.
07 USC 1308-3. Foreign persons made ineligible for program benefits
TITLE 7 -- AGRICULTURE
Notwithstanding any other provision of law:
(a) In general
For each of the 1991 through 1995 crops, any person who is not a
citizen of the United States or an alien lawfully admitted into the
United States for permanent residence under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) shall be ineligible to receive
any type of production adjustment payments, price support program loans,
payments, or benefits made available under the Agricultural Act of 1949
(7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act
(15 U.S.C. 714 et seq.), or subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.), or under any contract entered into
under title XII (16 U.S.C. 3801 et seq.) during the 1989 through 1995
crop years, with respect to any commodity produced, or land set aside
from production, on a farm that is owned or operated by such person,
unless such person is an individual who is providing land, capital, and
a substantial amount of personal labor in the production of crops on
such farm.
(b) Corporations or other entities
For purposes of subsection (a) of this section, a corporation or
other entity shall be considered a person that is ineligible for
production adjustment payments, price support program loans, payments,
or benefits if more than 10 percent of the beneficial ownership of the
entity is held by persons who are not citizens of the United States or
aliens lawfully admitted into the United States for permanent residence
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
unless such persons provide a substantial amount of personal labor in
the production of crops on such farm. Notwithstanding the foregoing
provisions of this subsection, with respect to an entity that is
determined to be ineligible to receive such payments, loans, or other
benefits, the Secretary may make payments, loans, and other benefits in
an amount determined by the Secretary to be representative of the
percentage interests of the entity that is owned by citizens of the
United States and aliens lawfully admitted into the United States for
permanent residence under the Immigration and Nationality Act.
(c) Prospective application
No person shall become ineligible under this section for production
adjustment payments, price support program loans, payments or benefits
as the result of the production of a crop of an agricultural commodity
planted, or commodity program or conservation reserve contract entered
into, before December 22, 1987.
(Pub. L. 99-198, title X, 1001C, as added Pub. L. 100-203, title I,
1306, Dec. 22, 1987, 101 Stat. 1330-19, and amended Pub. L. 101-624,
title XI, 1111(b), Nov. 28, 1990, 104 Stat. 3498.)
The Immigration and Nationality Act, referred to in subsecs. (a) and
(b), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 ( 1101 et seq.) of Title 8, Aliens
and Nationality. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of Title 8 and Tables.
The Agricultural Act of 1949, referred to in subsec. (a), is act
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
classified principally to chapter 35A ( 1421 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of this title and Tables.
The Commodity Credit Corporation Charter Act, referred to in subsec.
(a), is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended, which
is classified generally to subchapter II ( 714 et seq.) of chapter 15 of
Title 15, Commerce and Trade. For complete classification of this Act
to the Code, see Short Title note set out under section 714 of Title 15
and Tables.
The Food Security Act of 1985, referred to in subsec. (a), is Pub.
L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Title XII of the
Act, popularly known as the ''Sodbuster Law'', is classified principally
to chapter 58 ( 3801 et seq.) of Title 16, Conservation. Subtitle D of
title XII of the Act is classified generally to subchapter IV ( 3831 et
seq.) of chapter 58 of Title 16. For complete classification of this Act
to the Code, see Short Title of 1985 Amendment note set out under
section 1281 of this title and Tables.
Section was enacted as part of the Food Security Act of 1985, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
1990 -- Subsec. (a). Pub. L. 101-624 substituted ''1991 through 1995
crops'' for ''1989 and 1990 crops'' and inserted '', or under any
contract entered into under title XII during the 1989 through 1995 crop
years,'' after ''(16 U.S.C. 3831 et seq.)''.
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Section 1306 of Pub. L. 100-203 provided that this section is
effective beginning with 1989 crops.
07 USC 1308-4. Education program
TITLE 7 -- AGRICULTURE
(a) In general
The Secretary shall carry out a payment provisions education program
for appropriate personnel of the Department of Agriculture and members
and other personnel of county and State committees established under
section 590h(b) of title 16, for the purpose of fostering more effective
and uniform application of the payment limitations and restrictions
established under sections 1308 through 1308-3 of this title.
(b) Training
The education program shall provide training to the personnel in the
fair, accurate, and uniform application to individual farming operations
of the provisions of law and regulation relating to the payment
provisions of sections 1308 through 1308-3 of this title.
(c) Administration
The State office of the Agricultural Stabilization and Conservation
Service shall make the initial determination concerning the application
of payment limitations and restrictions established under sections 1308
through 1308-3 of this title to farm operations consisting of more than
5 persons, subject to review by the Secretary.
(d) Commodity Credit Corporation
The Secretary shall carry out the program provided under this section
through the Commodity Credit Corporation.
(Pub. L. 99-198, title X, 1001D, as added Pub. L. 101-624, title XI,
1111(g), Nov. 28, 1990, 104 Stat. 3499.)
Section was enacted as part of the Food Security Act of 1985, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
Section effective beginning with 1991 crop of an agricultural
commodity, with provision for prior crops, see section 1171 of Pub. L.
101-624, set out as an Effective Date of 1990 Amendment note under
section 1421 of this title.
07 USC 1308-5. Treatment of multiyear program contract payments
TITLE 7 -- AGRICULTURE
(a) In general
Notwithstanding any other provision of law, in the event of a
transfer of ownership of land (or an ownership interest in land) by way
of devise or descent, the Secretary of Agriculture may, if the new owner
succeeds to the prior owner's contract entered into under title XII, /1/
make payments to the new owner under such contract without regard to the
amount of payments received by the new owner under any contract entered
into under title XII /1/ executed prior to such devise or descent.
(b) Limitation
Payments made pursuant to this section shall not exceed the amount to
which the previous owner was entitled to receive under the terms of the
contract at the time of the death of the prior owner.
(Pub. L. 99-198, title X, 1001E, as added Pub. L. 101-624, title XI,
1111(h), Nov. 28, 1990, 104 Stat. 3499.)
Title XII, referred to in subsec. (a), is title XII of the Food
Security Act of 1985, Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1504,
as amended, popularly known as the ''Sodbuster Law'', which is
classified principally to chapter 58 ( 3801 et seq.) of Title 16,
Conservation. For complete classification of title XII to the Code, see
Tables.
Section was enacted as part of the Food Security Act of 1985, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
Section effective beginning with 1991 crop of an agricultural
commodity, with provision for prior crops, see section 1171 of Pub. L.
101-624, set out as an Effective Date of 1990 Amendment note under
section 1421 of this title.
/1/ See References in Text note below.
07 USC 1308a. Cost reduction options
TITLE 7 -- AGRICULTURE
(a) Authority of Secretary to take action
Notwithstanding any other provision of law, whenever the Secretary of
Agriculture determines that an action authorized under subsection (c),
(d), or (e) of this section will reduce the total of the direct and
indirect costs to the Federal Government of a commodity program
administered by the Secretary without adversely affecting income to
small- and medium-sized producers participating in such program, the
Secretary shall take such action with respect to the commodity program
involved.
(b) Reservation of Secretary's right to reopen or change contracts if
producer agrees
In the announcement of the specific provisions of any commodity
program administered by the Secretary of Agriculture, the Secretary
shall include a statement setting forth which, if any, of the actions
are to be initially included in the program, and a statement that the
Secretary reserves the right to initiate at a later date any action not
previously included but authorized by this section, including the right
to reopen and change a contract entered into by a producer under the
program if the producer voluntarily agrees to the change.
(c) Purchase from other sources of commodities covered by nonrecourse
loans
When a nonrecourse loan program is in effect for a crop of a
commodity, the Secretary may enter the commercial market to purchase
such commodity if the Secretary determines that the cost of such
purchases plus appropriate carrying charges will probably be less than
the comparable cost of later acquiring the commodity through defaults on
nonrecourse loans under the program.
(d) Reduction in settlement price of nonrecourse loans
When the domestic market price of a commodity for which a nonrecourse
loan program (including the program authorized by section 1445e of this
title) is in effect is insufficient to cover the principal and
accumulated interest on a loan made under such program, thereby
encouraging default by a producer, the Secretary may provide for
settlement of such loan and redemption by the producer of the commodity
securing such loan for less than the total of the principal and all
interest accumulated thereon if the Secretary determines that such
reduction in the settlement price will yield benefits to the Federal
Government due to --
(1) receipt by the Federal Government of a portion rather than none
of the accumulated interest;
(2) avoidance of default; or
(3) elimination of storage, handling, and carrying charges on the
forfeited commodity.
(e) Reopening of production control or loan programs to allow for
payment in kind
When a production control or loan program is in effect for a crop of
a major agricultural commodity, the Secretary may at any time prior to
harvest reopen the program to participating producers for the purpose of
accepting bids from producers for the conversion of acreage planted to
such crop to diverted acres in return for payment in kind from Commodity
Credit Corporation surplus stocks of the commodity to which the acreage
was planted, if the Secretary determines that (1) changes in domestic or
world supply or demand conditions have substantially changed after
announcement of the program for that crop, and (2) without action to
further adjust production, the Federal Government and producers will be
faced with a burdensome and costly surplus. Such payments in kind shall
not be included within the payment limitation of $50,000 per person
established under section 1308 of this title, but shall be limited to a
total $20,000 per year per producer for any one commodity.
(f) Other authorities of Secretary not affected
The authority provided in this section shall be in addition to, and
not in place of, any authority granted to the Secretary under any other
provision of law.
(Pub. L. 99-198, title X, 1009, Dec. 23, 1985, 99 Stat. 1453; Pub.
L. 101-134, 3, Oct. 30, 1989, 103 Stat. 781.)
Section was enacted as part of the Food Security Act of 1985, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
1989 -- Subsec. (d). Pub. L. 101-134, in introductory provisions,
inserted ''(including the program authorized by section 1445e of this
title)'' after ''nonrecourse loan program'' and substituted ''benefits''
for ''savings'' and struck out concluding provisions which read as
follows: ''but the Secretary may not reduce the settlement price to
less than the principal due on the loan''.
07 USC 1309. Normally planted acreage and target prices
TITLE 7 -- AGRICULTURE
(a) Authorized planted acreage for 1982 through 1995 crops of wheat
and feed grains as prerequisite for loan, etc.; eligibility;
determinations; records
Notwithstanding any other provision of law, whenever a set-aside
program is in effect for one or more of the 1982 through 1995 crops of
wheat and feed grains, the Secretary of Agriculture may require, as a
condition of eligibility for loans, purchases, and payments for such
crops under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), that
producers not exceed the acreage on the farm normally planted to crops
designated by the Secretary, adjusted as deemed necessary by the
Secretary to be fair and equitable among producers and reduced by any
set-aside or diverted acreage. Such normal crop acreage for any crop
year shall be determined as provided by the Secretary. The Secretary
may require producers participating in the program to keep such records
as the Secretary determines necessary to assist in making such
determination.
(b) Established price payments
Notwithstanding any other provision of law --
(1) Whenever the Secretary, for one or more of the 1982 through 1995
crops of wheat and feed grains, requires that producers not exceed the
acreage on the farm normally planted to crops designated by the
Secretary in accordance with subsection (a) of this section, the
Secretary may increase the established price payments for any such
commodity by such amount (or if there are no such payments in effect for
such crop by providing for payments in such amount) as the Secretary
determines appropriate to compensate producers for not exceeding the
acreage on the farm normally planted to crops designated by the
Secretary and participation in any required set-aside with respect to
such commodity.
(2) In determining the amount of any payments for any commodity under
this subsection, the Secretary shall take into account changes in the
costs of production resulting from not exceeding the acreage on the farm
normally planted to crops designated by the Secretary and participation
in any required set-aside with respect to such commodity.
(3) If payments are provided for any commodity under this subsection,
the Secretary may provide for payments for any other commodity in such
amount as the Secretary determines necessary for effective operation of
the program.
(4) The Secretary shall adjust any payments under this subsection to
reflect, in whole or in part, any land diversion payments for the
commodity for which an increase is determined.
(c) Marketing quotas in effect for 1987 through 1995 crops of wheat;
reduction in normally planted acreage as condition prerequisite for
loan, etc.
Notwithstanding any other provision of law, whenever marketing quotas
are in effect for any of the 1987 through 1995 crops of wheat, the
Secretary of Agriculture may require, as a condition of eligibility for
loans, purchases, and payments on any commodity under the Agricultural
Act of 1949 (7 U.S.C. 1421 et seq.), that the acreage normally planted
to crops designated by the Secretary, adjusted as considered necessary
by the Secretary to be fair and equitable among producers, shall be
reduced by a quantity equal to --
(1) the acreage that the Secretary determines would normally be
planted to wheat on a farm; minus
(2) the individual farm program acreage for the farm under section
107B(d)(3)(A) of such Act (7 U.S.C. 1445b-3a(d)(3)(A)).
(Pub. L. 95-113, title X, 1001, Sept. 29, 1977, 91 Stat. 950; Pub.
L. 95-279, title I, 101, May 15, 1978, 92 Stat. 240; Pub. L. 95-334,
title V, 501(a), Aug. 4, 1978, 92 Stat. 434; Pub. L. 96-213, 6, Mar.
18, 1980, 94 Stat. 120; Pub. L. 97-98, title XI, 1106, Dec. 22, 1981,
95 Stat. 1265; Pub. L. 99-198, title X, 1014, Dec. 23, 1985, 99 Stat.
1456; Pub. L. 101-624, title XI, 1141, Nov. 28, 1990, 104 Stat. 3515.)
The Agricultural Act of 1949, referred to in subsecs. (a) and (c),
is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
classified principally to chapter 35A ( 1421 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of this title and Tables.
Section was enacted as part of the Food and Agriculture Act of 1977,
and not as part of the Agricultural Adjustment Act of 1938 which
comprises this chapter.
1990 -- Subsecs. (a), (b)(1), (c). Pub. L. 101-624, 1141(1),
substituted ''1995'' for ''1990''.
Subsec. (c)(2). Pub. L. 101-624, 1141(2), substituted ''section
107B(d)(3)(A)'' for ''section 107D(d)(3)(A)''.
1985 -- Subsecs. (a), (b)(1). Pub. L. 99-198 substituted ''1982
through 1990'' for ''1982 through 1985''.
Subsec. (c). Pub. L. 99-198 added subsec. (c).
1981 -- Subsec. (a). Pub. L. 97-98 substituted provision authorizing
the Secretary, whenever a set-aside program is in effect for one or more
of the 1982 through 1985 crops of wheat and feed grains, to require as a
condition of eligibility for loans, purchases, and payments for such
crops that the producers not exceed the acreage on the farm normally
planted to crops designated by the Secretary and permitting the
Secretary to require producers participating in the program to keep
records necessary to assist the Secretary in determining normal crop
acreage for any crop year for provision authorizing the Secretary,
effective for one or more of the 1980 and 1981 crops of wheat, feed
grains, upland cotton, and rice, to require as a condition of
eligibility for loans, purchases, and payments that the producers not
exceed the acreage on the farm normally planted to crops designated by
the Secretary.
Subsec. (b). Pub. L. 97-98 substituted provision relating to
established price increase for one or more of the 1982 through 1985
crops of wheat and feed grains for provision relating to established
price increase for one or more of the 1980 and 1981 crops of wheat, feed
grains, upland cotton, and rice.
Subsec. (c). Pub. L. 97-98 struck out subsec. (c) which related to
loans, purchases, and payments for producers of the 1980 crop of any
commodity who exceeded the authorized acreage.
1980 -- Subsec. (a). Pub. L. 96-213 amended subsec. (a) generally,
temporarily substituting provisions relating to requiring producers not
to exceed the acreage on the farm normally planted to designated crops,
as reduced, for the 1980 and 1981 crops of wheat, feed grains, upland
cotton, and rice, for provisions relating to reduction of acreage
normally planted to designated crops by the acreage set-aside or
diversion for the 1978 through 1981 crops of wheat, feed grains, upland
cotton, and rice. See Effective and Termination Dates of 1980 Amendment
note below.
Subsec. (b). Pub. L. 96-213 amended subsec. (b) generally,
temporarily substituting provisions relating to increases of the
established price as compensation to producers for not exceeding the
acreage in accordance with subsection (a) and participating in
set-asides for 1980 and 1980 crops for provisions relating to increases
of the established prices to compensate producers for participation in
set-asides for 1978 through 1981 crops. See Effective and Termination
Dates of 1980 Amendment note below.
Subsec. (c). Pub. L. 96-213, in amending section generally,
temporarily added subsec. (c). See Effective and Termination Dates of
1980 Amendment note below.
1978 -- Subsec. (b). Pub. L. 95-334 added applicability to rice.
Pub. L. 95-279 designated existing provisions as subsec. (a) and
added subsec. (b).
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Section 6 of Pub. L. 96-213 provided that the amendment made by that
section is effective for 1980 and 1981 crops.
Section 501(b) of Pub. L. 95-334 provided that: ''This section
(amending this section) shall become effective October 1, 1978, and any
producers who, prior to such date, receive payments on the 1978 crop of
rice as computed under the Agricultural Act of 1949 (see Short Title
note set out under section 1421 of this title), as amended by the Food
and Agriculture Act of 1977 (see Short Title of 1977 Amendment note set
out under section 1281 of this title), may elect after September 30,
1978, to receive payments as computed under section 1001(b) of the Food
and Agriculture Act of 1977, as amended by this section.''
Section 103 of title I of Pub. L. 95-279 provided that: ''Sections
101 and 102 (amending this section and section 1444 of this title) of
this title shall become effective October 1, 1978, and any producers
who, prior to such date, receive loans and payments on the 1978 crop of
the commodity as computed under the Agricultural Act of 1949 (see Short
Title note set out under section 1421 of this title), as amended by the
Food and Agriculture Act of 1977 (see Short Title of 1977 Amendment note
set out under section 1281 of this title) may elect after September 30,
1978, to receive loans and payments as computed under this title.''
Section effective Oct. 1, 1977, see section 1901 of Pub. L.
95-113, set out as an Effective Date of 1977 Amendment note under
section 1307 of this title.
07 USC 1310. American agriculture protection program
TITLE 7 -- AGRICULTURE
(a) Determination of short supply; suspension of commercial export
sales; parity price
Notwithstanding any other provision of law, whenever the President or
any other member of the executive branch of the Federal Government
causes to be suspended, based upon a determination of short supply, the
commercial export sales of any commodity, as defined in subsection (c)
of this section, to any country or area with which the United States
otherwise continues commercial trade, the Secretary of Agriculture
shall, on the day the suspension is initiated, set the loan level for
such commodity under the Agricultural Act of 1949, as amended (7 U.S.C.
1421 et seq.), if a loan program is in effect for the commodity, at 90
per centum of the parity price for the commodity, as such parity price
is determined on the day the suspension is initiated.
(b) Duration of loan level
Any loan level established pursuant to subsection (a) of this section
shall remain in effect as long as the suspension of commercial export
sales described in subsection (a) of this section remains in effect.
(c) Definition
For purposes of this section, the term ''commodity'' shall include
any of the following: wheat, corn, grain sorghum, soybeans, oats, rye,
barley, rice, flaxseed, and cotton.
(Pub. L. 95-113, title X, 1002, Sept. 29, 1977, 91 Stat. 950.)
The Agricultural Act of 1949, referred to in subsec. (a), is act
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
classified principally to chapter 35A ( 1421 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of this title and Tables.
Section was enacted as part of the Food and Agriculture Act of 1977,
and not as part of the Agricultural Adjustment Act of 1938 which
comprises this chapter.
Section effective Oct. 1, 1977, see section 1901 of Pub. L.
95-113, set out as an Effective Date of 1977 Amendment note under
section 1307 of this title.
07 USC 1310a. Normal supply of commodity for 1986 through 1995 crops
TITLE 7 -- AGRICULTURE
Notwithstanding any other provision of law, if the Secretary of
Agriculture determines that the supply of wheat, corn, upland cotton, or
rice for the marketing year for any of the 1986 through 1995 crops of
such commodity is not likely to be excessive and that program measures
to reduce or control the planted acreage of the crop are not necessary,
such a decision shall constitute a determination that the total supply
of the commodity does not exceed the normal supply and no determination
to the contrary shall be made by the Secretary with respect to such
commodity for such marketing year.
(Pub. L. 99-198, title X, 1019, Dec. 23, 1985, 99 Stat. 1459; Pub.
L. 101-624, title XI, 1142, Nov. 28, 1990, 104 Stat. 3515.)
Section was enacted as part of the Food Security Act of 1985, and not
as part of the Agricultural Adjustment Act of 1938 which comprises this
chapter.
A prior section 1310a, Pub. L. 97-98, title XI, 1107, Dec. 22,
1981, 95 Stat. 1266, provided for a normal supply of commodities for
the 1982 through 1985 crops.
1990 -- Pub. L. 101-624 substituted ''1995'' for ''1990''.
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
07 USC Part B -- Marketing Quotas
TITLE 7 -- AGRICULTURE
07 USC subpart i -- marketing quotas -- tobacco
TITLE 7 -- AGRICULTURE
07 USC 1311. Legislative findings
TITLE 7 -- AGRICULTURE
(a) The marketing of tobacco constitutes one of the greatest basic
industries of the United States with ramifying activities which directly
affect interstate and foreign commerce at every point, and stable
conditions therein are necessary to the general welfare. Tobacco
produced for market is sold on a Nation-wide market and, with its
products, moves almost wholly in interstate and foreign commerce from
the producer to the ultimate consumer. The farmers producing such
commodity are subject in their operations to uncontrollable natural
causes, are widely scattered throughout the Nation, in many cases such
farmers carry on their farming operations on borrowed money or leased
lands, and are not so situated as to be able to organize effectively, as
can labor and industry through unions and corporations enjoying
Government protection and sanction. For these reasons among others, the
farmers are unable without Federal assistance to control effectively the
orderly marketing of such commodity with the result that abnormally
excessive supplies thereof are produced and dumped indiscriminately on
the Nation-wide market.
(b) The disorderly marketing of such abnormally excessive supplies
affects, burdens, and obstructs interstate and foreign commerce by (1)
materially affecting the volume of such commodity marketed therein, (2)
disrupting the orderly marketing of such commodity therein, (3) reducing
the price for such commodity with consequent injury and destruction of
interstate and foreign commerce in such commodity, and (4) causing a
disparity between the prices for such commodity in interstate and
foreign commerce and industrial products therein, with a consequent
diminution of the volume of interstate and foreign commerce in
industrial products.
(c) Whenever an abnormally excessive supply of tobacco exists, the
marketing of such commodity by the producers thereof directly and
substantially affects interstate and foreign commerce in such commodity
and its products, and the operation of the provisions of this subpart
becomes necessary and appropriate in order to promote, foster, and
maintain an orderly flow of such supply in interstate and foreign
commerce.
(Feb. 16, 1938, ch. 30, title III, 311, 52 Stat. 45.)
07 USC 1312. National marketing quota
TITLE 7 -- AGRICULTURE
(a) Proclamation of quota
The Secretary shall, not later than December 1 of any marketing year
with respect to flue-cured tobacco, February 1 of any marketing year
with respect to Burley tobacco, and March 1 of any marketing year with
respect to other kinds of tobacco, proclaim a national marketing quota
for any kind of tobacco for each of the next three succeeding marketing
years whenever he determines with respect to such kind of tobacco --
(1) that a national marketing quota has not previously been
proclaimed and the total supply as of the beginning of such marketing
year exceeds the reserve supply level therefor;
(2) that such marketing year is the last year of three consecutive
years for which marketing quotas previously proclaimed will be in
effect;
(3) that amendments have been made in provisions for establishing
farm acreage allotments which will cause material revision of such
allotments before the end of the period for which quotas are in effect;
or
(4) that a marketing quota previously proclaimed for such marketing
year is not in effect because of disapproval by producers in a
referendum held pursuant to subsection (c) of this section: Provided,
That if such producers have disapproved national marketing quotas in
referenda held in three successive years subsequent to 1952, thereafter
a national marketing quota shall not be proclaimed hereunder which would
be in effect for any marketing year within the three-year period for
which national marketing quotas previously proclaimed were disapproved
by producers in a referendum, unless prior to November 10 of the
marketing year one-fourth or more of the farmers engaged in the
production of the crop of tobacco harvested in the calendar year in
which such marketing year begins petition the Secretary, in accordance
with such regulations as he may prescribe, to proclaim a national
marketing quota for each of the next three succeeding marketing years.
(b) Announcement of amount of quota
The Secretary shall also determine and announce, not later than the
first day of December with respect to flue-cured tobacco, not later than
the first day of February with respect to Burley tobacco, and not later
than the first day of March with respect to other kinds of tobacco, the
amount of the national marketing quota proclaimed pursuant to subsection
(a) of this section which is in effect for the next marketing year in
terms of the total quantity of tobacco which may be marketed which will
make available during such marketing year a supply of tobacco equal to
the reserve supply level. The amount of the national marketing quota so
announced may, not later than the following March 1, be increased by not
more than 20 per centum if the Secretary determines that such increase
is necessary in order to meet market demands or to avoid undue
restrictions of marketings in adjusting the total supply to the reserve
supply level.
(c) Referendum on quotas
Within thirty days after the proclamation of national marketing
quotas under subsection (a) of this section, the Secretary shall conduct
a referendum of farmers engaged in the production of the crop of tobacco
harvested immediately prior to the holding of the referendum to
determine whether such farmers are in favor of or opposed to such quotas
for the next three succeeding marketing years. If more than one-third of
the farmers voting oppose the national marketing quotas, such results
shall be proclaimed by the Secretary and the national marketing quotas
so proclaimed shall not be in effect but such results shall in no wise
affect or limit the subsequent proclamation and submission to a
referendum, as otherwise provided in this section, of a national
marketing quota.
(Feb. 16, 1938, ch. 30, title III, 312, 52 Stat. 46; Mar. 26, 1938,
ch. 54, 52 Stat. 120; Aug. 7, 1939, ch. 562, 563, 53 Stat. 1261; June
13, 1940, ch. 360, 2, 3, 54 Stat. 392; Nov. 22, 1940, ch. 914,
2, 5, 54 Stat. 1209, 1210; Feb. 28, 1942, ch. 123, 56 Stat. 121;
July 3, 1948, ch. 827, title II, 208, 62 Stat. 1257; Aug. 9, 1955, ch.
639, 69 Stat. 557; June 22, 1956, ch. 427, 70 Stat. 330; Apr. 7, 1986,
Pub. L. 99-272, title I, 1104(a), 100 Stat. 89.)
1986 -- Subsec. (a). Pub. L. 99-272, 1104(a)(1), substituted
''February 1 of any marketing year with respect to Burley tobacco, and
March 1 of any marketing year with respect to other kinds of tobacco''
for ''and February 1 of any marketing year with respect to other kinds
of tobacco''.
Subsec. (b). Pub. L. 99-272, 1104(a)(2), substituted ''not later than
the first day of February with respect to Burley tobacco, and not later
than the first day of March with respect to other kinds of tobacco'' for
''and not later than the first day of February with respect to other
kinds of tobacco''.
1956 -- Subsec. (a). Act June 22, 1956, inserted ''with respect to
flue-cured tobacco, and February 1 of any marketing year with respect to
other kinds of tobacco'' after ''December 1 of any marketing year''.
Subsec. (b). Act June 22, 1956, substituted ''not later than the
first day of December with respect to flue-cured tobacco and not later
than the first day of February with respect to other kinds of tobacco''
for ''prior to the first day of December''.
1955 -- Subsec. (a). Act Aug. 9, 1955, restated and amended
provisions generally to provide that quotas shall not be proclaimed
oftener than once every 3 years for any kind of tobacco for which
producers have disapproved marketing quotas in 3 successive years
subsequent to 1952 (unless at least one-fourth of the producers of such
tobacco petition the Secretary to proclaim quotas).
Subsec. (b). Act Aug. 9, 1955, amended and substituted former
provisions of subsec. (a) as to announcement of quota for former
provisions of this subsec. as to referendum on quotas.
Subsec. (c). Act Aug. 9, 1955, provided that referendum on quotas
which formerly appeared in subsec. (b) should be determinative for the
next three succeeding years, rather than each succeeding year, and
eliminated provisions as to submission of question of whether tobacco
quotas would be favored for a period of three years.
1948 -- Subsec. (a). Act July 3, 1948, inserted proviso at end of
first sentence.
1942 -- Subsec. (a). Act Feb. 28, 1942, substituted ''the following
March 1'' for ''December 31'' in last sentence.
1940 -- Subsec. (a). Act June 13, 1940, substituted ''20'' for
''10'' in last sentence and inserted last clause.
Subsecs. (b) to (f). Act Nov. 22, 1940, struck out subsecs. (b),
(d), (e), and (f), struck out second sentence of subsec. (c) which
related to referendum on burley, fire-cured, and dark air-cured tobacco,
and redesignated subsec. (c) as (b).
Act June 13, 1940, amended subsec. (c) by inserting provisions
relating to referendum on tobacco marketing quotas for three-year
period.
1939 -- Subsec. (a). Act Aug. 7, 1939, amended first sentence and
inserted last sentence.
1938 -- Subsec. (f). Act Mar. 26, 1938, added subsec. (f).
Amendment by act July 3, 1948, effective Jan. 1, 1950, see section
303 of act July 3, 1948, set out as a note under section 1301 of this
title.
Secretary of Agriculture to implement amendments by Pub. L. 99-272
without regard to provisions requiring notice and other procedures for
public participation in rulemaking contained in section 553 of Title 5,
Government Organization and Employees, or in any other directive of the
Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note
under section 1301 of this title.
Pub. L. 92-10, 4, Apr. 14, 1971, 85 Stat. 27, provided that any
action taken by the Secretary pursuant to section 312 of the
Agricultural Adjustment Act of 1938, as amended (this section), for
burley tobacco for any of the three marketing years beginning October 1,
1971, prior to Apr. 14, 1971, was to be of no effect.
Pub. L. 92-1, Mar. 1, 1971, 85 Stat. 3, provided that,
notwithstanding any other provision of law, the Secretary of Agriculture
could defer any proclamation under section 312 of the Agricultural
Adjustment Act of 1938, as amended (this section), with respect to
national marketing quotas for burley tobacco for the three marketing
years beginning October 1, 1971, until the date he determined was
necessary to permit growers to be notified of their farm marketing
quotas and the referendum to be held prior to normal planting time.
Pub. L. 91-641, Dec. 31, 1970, 84 Stat. 1879, authorized the
Secretary of Agriculture to defer until March 1, 1971, any proclamation
under this section with respect to national marketing quotas for burley
tobacco for the three marketing years beginning October 1, 1971.
Section 2 of Joint Res. July 28, 1945, ch. 330, 59 Stat. 506, as
amended by Pub. L. 85-92, 2, July 10, 1957, 71 Stat. 284, which
authorized the Commodity Credit Corporation to make loans or other price
support available beginning with the 1945 crop, was repealed by Pub. L.
86-389, 2, Feb. 20, 1960, 74 Stat. 7. See section 1445 of this title.
Joint Res. Mar. 2, 1956, ch. 80, 70 Stat. 35, provided for
increase and redetermination of 1956 Maryland tobacco acreage
allotments.
Joint Res. Mar. 2, 1956, ch. 79, 70 Stat. 34, provided for
increase and redetermination of 1956 fire-cured and dark air-cured
tobacco acreage allotments.
Joint Res. Mar. 2, 1956, ch. 78, 70 Stat. 34, provided for
increase and redetermination of 1956 acreage allotments of burley
tobacco.
Section 1 of act Mar. 31, 1955, ch. 21, 69 Stat. 23, provided for
redetermination of national marketing quota for burley tobacco for the
1955-1956 marketing year.
Joint Res. July 7, 1943, ch. 195, 57 Stat. 387, as amended by
Joint Res. Mar. 31, 1944, ch. 149, 58 Stat. 136; act Feb. 19, 1946,
ch. 31, 1, 60 Stat. 21, provided for quotas for burley and flue-cured
tobacco for marketing years 1944-45 through 1947-48. The second par.
of section 1 of said act Feb. 19, 1946, provided that amendment made by
such section to Joint Res. July 7, 1943, should not apply to flue-cured
tobacco for 1946-47 marketing year.
Act Apr. 7, 1938, ch. 107, 19, 52 Stat. 205, provided that
proclamations issued by Secretary of Agriculture under sections 1312(
a), 1327, 1328, and 1345 of this title should be effective as provided
in those sections, and no provision of any amendment made by that act
should be construed as requiring any further action under section 1312(
c) or 1347 of this title with respect to marketing years beginning in
1938.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
Referendum on orders regulating handling of commodities, see section
608c of this title.
07 USC 1313. Apportionment of national marketing quota
TITLE 7 -- AGRICULTURE
(a) Apportionment among States
The national marketing quota for tobacco established pursuant to the
provisions of section 1312 of this title, less the amount to be allotted
under subsection (c) of this section, shall be apportioned by the
Secretary among the several States on the basis of the total production
of tobacco in each State during the five calendar years immediately
preceding the calendar year in which the quota is proclaimed (plus, in
applicable years, the normal production on the acreage diverted under
previous agricultural adjustment and conservation programs), with such
adjustments as are determined to be necessary to make correction for
abnormal conditions of production, for small farms, and for trends in
production, giving due consideration to seed bed and other plant
diseases during such five-year period. Notwithstanding any other
provision of this section and section 1312 of this title, except the
provisions in subsection (g) of this section relating to reduction of
allotments, for any of the three marketing years, 1941-1942 to
1943-1944, in which a national marketing quota is in effect for burley
or flue-cured tobacco, such national marketing quota shall not be
reduced below the 1940-1941 national marketing quota by more than 10 per
centum and the farm-acreage allotments (other than allotments
established in each year under subsection (g) of this section for farms
on which no tobacco was produced in the last five years) shall be
determined by increasing or decreasing the farm-acreage allotments
established in the last preceding year in which marketing quotas were in
effect in the same ratio as such national marketing quota is increased
or decreased above or below the last preceding national marketing quota:
Provided, That in the case of flue-cured tobacco no allotment shall be
decreased below the 1940 allotment if such allotment was two acres or
less, and in the case of burley tobacco no allotment shall be decreased
below the 1939 allotment if such allotment was one-half acre or less, or
below the 1940 allotment if such allotment was over one-half acre and
not over one acre: And provided further, That an additional acreage not
in excess of 2 per centum of the total acreage allotted to all farms in
each State in 1940 shall be allotted by the local committees, without
regard to the ratio aforesaid, among farms in the State in accordance
with regulations prescribed by the Secretary so as to establish
allotments which the committees find will be fair and equitable in
relation to the past acreage of tobacco (harvested and diverted); land,
labor, and equipment available for the production of tobacco; and
crop-rotation practices: And provided further, That the burley tobacco
acreage allotment which would otherwise be established for any farm
having a burley acreage allotment in 1942 shall not be less than
one-half acre, and the acreage required for apportionment under this
proviso shall be in addition to the National and State acreage
allotments.
(b) Allotment of quota among producing farms
The Secretary shall provide, through the local committees, for the
allotment of the marketing quota for any State among the farms on which
tobacco is produced, on the basis of the following: Past marketing of
tobacco, making due allowance for drought, flood, hail, other abnormal
weather conditions, plant bed, and other diseases; land, labor, and
equipment available for the production of tobacco; crop-rotation
practices; and the soil and other physical factors affecting the
production of tobacco: Provided, That, except for farms on which for
the first time in five years tobacco is produced to be marketed in the
marketing year for which the quota is effective, the marketing quota for
any farm shall not be less than the smaller of either (1) three thousand
two hundred pounds, in the case of flue-cured tobacco, and two thousand
four hundred pounds, in the case of other kinds of tobacco, or (2) the
average tobacco production for the farm during the preceding three
years, plus the average normal production of any tobacco acreage
diverted under agricultural adjustment and conservation programs during
such preceding three years.
(c) Allotment to previous nonproducing farms and small farms
The Secretary shall provide, through local committees, for the
allotment of not in excess of 5 per centum of the national marketing
quota (1) to farms in any State whether it has a State quota or not on
which for the first time in five years tobacco is produced to be
marketed in the year for which the quota is effective and (2) for
further increase of allotments to small farms pursuant to the proviso in
subsection (b) of this section on the basis of the following: Land,
labor, and equipment available for the production of tobacco;
crop-rotation practices; and the soil and other physical factors
affecting the production of tobacco: Provided, That farm marketing
quotas established pursuant to this subsection for farms on which
tobacco is produced for the first time in five years shall not exceed 75
per centum of the farm marketing quotas established pursuant to
subsection (b) of this section for farms which are similar with respect
to the following: Land, labor, and equipment available for the
production of tobacco, crop-rotation practices, and the soil and other
physical factors affecting the production of tobacco.
(d) Transfer of farm marketing quotas
Farm marketing quotas may be transferred only in such manner and
subject to such conditions as the Secretary may prescribe by
regulations.
(e) Quota for 1938; minimum State allotments
In case of flue-cured tobacco, the national quota for 1938 is
increased by a number of pounds required to provide for each State in
addition to the State poundage allotment a poundage not in excess of 4
per centum of the allotment which shall be apportioned in amounts which
the Secretary determines to be fair and reasonable to farms in the State
receiving allotments under this chapter which the Secretary determines
are inadequate in view of past production of tobacco, and for each year
by a number of pounds sufficient to assure that any State receiving a
State poundage allotment of flue-cured tobacco shall receive a minimum
State poundage allotment of flue-cured tobacco equal to the average
national yield for the preceding five years of five hundred acres of
such tobacco.
(f) Increase of 1938 quota
In the case of fire-cured and dark air-cured and burley tobacco, the
national quota for 1938 is increased by a number of pounds required to
provide for each State in addition to the State poundage allotment a
poundage not in excess of 2 per centum of the allotment which shall be
apportioned in amounts which the Secretary determines to be fair and
reasonable to farms in the State receiving allotments under this section
which the Secretary determines are inadequate in view of past production
of tobacco.
(g) Conversion of national marketing quota into national acreage
allotment
Notwithstanding any other provision of this section, the Secretary
may convert the national marketing quota into a national acreage
allotment by dividing the national marketing quota by the national
average yield for the five years immediately preceding the year in which
the national marketing quota is proclaimed, and may apportion the
national acreage allotment, less a reserve of not to exceed 1 per centum
thereof for new farms, for making corrections in old farm acreage
allotments, and for adjusting inequities in old farm acreage allotments,
through the local committees among farms on the basis of the factors set
forth in subsection (b) of this section, using past farm acreage and
past farm acreage allotments for tobacco in lieu of past marketing of
tobacco; and the Secretary on the basis of the factors set forth in
subsection (c) of this section and the past tobacco experience of the
farm operator, shall through the local committees allot that portion of
the national acreage allotment reserved for new farms among farms on
which no tobacco was produced or considered produced during the last
five years. Any acreage of tobacco harvested in excess of the farm
acreage allotment for the year 1955, or any subsequent crop shall not be
taken into account in establishing State and farm acreage allotments.
Except for farms last mentioned or a farm operated, controlled, or
directed by a person who also operates, controls, or directs another
farm on which tobacco is produced, the farm-acreage allotment shall be
increased by the smaller of (1) 20 per centum of such allotment or (2)
the percentage by which the normal yield of such allotment (as
determined through the local committees in accordance with regulations
prescribed by the Secretary) is less than three thousand two hundred
pounds, in the case of flue-cured tobacco, and two thousand four hundred
pounds in the case of other kinds of tobacco: Provided, That the normal
yield of the estimated number of acres so added to farm acreage
allotments in any State shall be considered as a part of the State
marketing quota in applying the proviso in subsection (a) of this
section. The actual production of the acreage allotment established for
a farm pursuant to this subsection shall be the amount of the farm
marketing quota. If any amount of tobacco shall be marketed as having
been produced on the acreage allotment for any farm which in fact was
produced on a different farm, the acreage allotments next established
for both such farms shall be reduced by that percentage which such
amount was of the respective farm marketing quota, except that such
reduction for any such farm shall not be made if the Secretary through
the local committees finds that no person connected with such farm
caused, aided, or acquiesced in such marketing; and if proof of the
disposition of any amount of tobacco is not furnished as required by the
Secretary or if any producer on the farm files, or aids or acquiesces in
the filing of, any false report with respect to the acreage of tobacco
grown on the farm required by regulations issued pursuant to this
chapter, the acreage allotment next established for the farm on which
such tobacco is produced shall be reduced by a percentage similarly
computed. If in any calendar year more than one crop of tobacco is
grown from (1) the same tobacco plants or (2) different tobacco plants,
and is harvested for marketing from the same acreage of a farm, the
acreage allotment next established for such farm shall be reduced by an
amount equivalent to the acreage from which more than one crop of
tobacco has been so grown and harvested.
(h) Repealed. Feb. 16, 1938, ch. 30, title III, 378(d), as added
Pub. L. 85-835, title V, 501, Aug. 28, 1958, 72 Stat. 996
(i) Increase of marketing quotas and acreage allotments to meet
demand
Notwithstanding any other provision of this chapter, whenever after
investigation the Secretary determines with respect to any kind of
tobacco that a substantial difference exists in the usage or market
outlets for any one or more of the types comprising such kind of tobacco
and that the quantity of tobacco of such type or types to be produced
under the marketing quotas and acreage allotments established pursuant
to this section would not be sufficient to provide an adequate supply
for estimated market demands and carry-over requirements for such type
or types of tobacco, the Secretary shall increase the marketing quotas
and acreage allotments for farms producing such type or types of tobacco
in the preceding year to the extent necessary to make available a supply
of such type or types of tobacco adequate to meet such demands and
carry-over requirements. The increases in farm marketing quotas and
acreage allotments shall be made on the basis of the production of such
type or types of tobacco during the period of years considered in
establishing farm marketing quotas and acreage allotments for such kind
of tobacco. The additional production authorized by this subsection
shall be in addition to the national marketing quota established for
such kind of tobacco pursuant to section 1312 of this title. The
increase in acreage under this subsection shall not be considered in
establishing future State or farm acreage allotments.
(j) Tobacco acreage allotments for 1956, 1957, and 1958
In establishing farm acreage allotments for burley tobacco crops for
the years 1956, 1957, and 1958 the acreage allotment for any farm which
has not been retired from agricultural production shall not be reduced
below the acreage allotment which would otherwise be established because
the harvested acreage was less than the allotted acreage unless the
acreage harvested was less than 50 per centum of the allotted acreage in
each of the preceding five years, in which event it shall not be reduced
for such reason to less than the largest acreage harvested in any year
in such five-year period.
(j) /1/ Old farm tobacco acreage allotment
The production of tobacco on a farm in 1955 or any subsequent year
for which no farm acreage allotment was established shall not make the
farm eligible for an allotment as an old farm under subsections (b) and
(g) of this section or section 1314c of this title: Provided, however,
That by reason of such production the farm need not be considered as
ineligible for a new farm allotment under subsections (c) and (g) of
this section or section 1314c of this title, but such production shall
not be deemed past tobacco experience for any producer on the farm.
(Feb. 16, 1938, ch. 30, title III, 313, 52 Stat. 47; Apr. 7, 1938,
ch. 107, 5, 52 Stat. 202; May 31, 1938, ch. 292, 2, 52 Stat. 586; Aug.
7, 1939, ch. 564, 53 Stat. 1261; June 13, 1940, ch. 360, 4, 54 Stat.
392; Feb. 6, 1942, ch. 44, 1, 56 Stat. 51; Apr. 29, 1943, ch. 80, 57
Stat. 69; Oct. 17, 1951, ch. 511, 65 Stat. 422; Mar. 31, 1955, ch. 21,
3, 4, 69 Stat. 24; Aug. 11, 1955, ch. 789, 69 Stat. 670; Aug. 11,
1955, ch. 799, 69 Stat. 684; July 2, 1958, Pub. L. 85-489, 1, 72 Stat.
291; Feb. 16, 1938, ch. 30, title III, 378(d), as added Aug. 28, 1958,
Pub. L. 85-835, title V, 501, 72 Stat. 995; Apr. 16, 1965, Pub. L.
89-12, 2, 79 Stat. 72; Oct. 12, 1967, Pub. L. 90-106, 81 Stat. 275.)
1967 -- Subsec. (g). Pub. L. 90-106 changed manner in which tobacco
acreage allotments are computed by providing for conversion of national
marketing quota for tobacco into a national acreage allotment to be
apportioned among farms instead of apportioning the national quota among
the States, based on past State production, and then converting into
State acreage allotments for apportionment among farms.
1965 -- Subsec. (j). Pub. L. 89-12 inserted in old farm tobacco
acreage allotment provisions reference to section 1314c of this title in
two places.
1958 -- Subsec. (g). Pub. L. 85-489 required reduction of acreage
allotment if in any calendar year more than one crop of tobacco is grown
from same tobacco plants or different tobacco plants, and is harvested
for marketing from same acreage of a farm.
Subsec. (h). Act Feb. 16, 1938, 378(d), as added by Pub. L.
85-835, repealed subsec. (h) which related to adjustment of allotment
upon acquisition of part of farms by United States for defense.
1955 -- Subsec. (g). Act Mar. 31, 1955, 3, 4, provided that excess
tobacco acreage for years 1955 and thereafter should not be taken into
consideration as part of farm history in establishing future acreage
allotments, and that if a producer makes a false report of acreage of
tobacco grown on his farm, the amount of misstatement should be deducted
from his next year's allotment.
Subsec. (j). Act Aug. 11, 1955, ch. 789, added subsec. (j)
relating to tobacco acreage allotments for 1956, 1957, and 1958.
Act Aug. 11, 1955, ch. 799, added subsec. (j) relating to old farm
tobacco acreage allotment.
1951 -- Subsec. (i). Act Oct. 17, 1951, added subsec. (i).
1943 -- Subsec. (a). Act Apr. 29, 1943, inserted proviso beginning
''That the Burley tobacco acreage''.
1942 -- Subsec. (h). Act Feb. 6, 1942, added subsec. (h).
1940 -- Subsec. (a). Act June 13, 1940, inserted all following first
sentence.
1939 -- Subsec. (g). Act. Aug. 7, 1939, added subsec. (g).
1938 -- Subsec. (a). Act Apr. 7, 1938, struck out ''net''.
Subsec. (e). Act May 31, 1938, substituted ''4 per centum'' for ''2
per centum''.
Act Apr. 7, 1938, added subsec. (e).
Subsec. (f). Act May 31, 1938, added subsec. (f).
Section 2 of Pub. L. 85-489 provided that: ''The amendment made by
this Act (amending this section) shall become effective beginning with
the 1958 crop of tobacco''.
Transfer or reassignment of allotment as remaining in effect and
ineligibility of displaced farm owner for additional allotment
notwithstanding repeal of subsec. (h), see note set out under section
1378 of this title.
Authority or responsibility of Secretary of Agriculture under subsec.
(i) of this section with respect to increasing allotments or quotas for
farms producing certain types of tobacco unaffected by acreage-poundage
quotas and price support provisions, see note set out under section
1314c of this title.
Amount of price support for fire-cured, dark air-cured, and Virginia
sun-cured tobacco, see note set out under section 1312 of this title.
Joint Res. Mar. 31, 1944, ch. 149, 58 Stat. 136, provided that
notwithstanding the provisions of this section the burley tobacco
acreage allotment which would otherwise be established for any farm
having a burley acreage allotment in 1943 should be less than one acre,
or 25 per centum of the cropland, whichever is the smaller, and the
acreage required for apportionment under the resolution should be in
addition to the National and State acreage allotments.
Agreements for adjustment of acreage or production of basic
agricultural commodities, see section 608 et seq. of this title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
/1/ So in original. Probably should be ''(k)''.
07 USC 1314. Penalties
TITLE 7 -- AGRICULTURE
(a) Persons liable
The marketing of (1) any kind of tobacco in excess of the marketing
quota for the farm on which the tobacco is produced, or (2) any kind of
tobacco that is not eligible for price support under the Agricultural
Act of 1949 (7 U.S.C. 1421 et seq.) because a producer on the farm has
not agreed to make contributions or pay assessments to the No Net Cost
Tobacco Fund or the No Net Cost Tobacco Account as required by sections
106A(d)(1) and 106(B)(d)(1) /1/ of that Act (7 U.S.C. 1445-1(d)(1) and
1445-2(d)(1)), if marketing quotas for that kind of tobacco are in
effect, shall be subject to a penalty of 75 per centum of the average
market price (calculated to the nearest whole cent) for such kind of
tobacco for the immediately preceding marketing year. Such penalty
shall be paid by the person who acquired such tobacco from the producer
but an amount equivalent to the penalty may be deducted by the buyer
from the price paid to the producer in case such tobacco is marketed by
sale; or, if the tobacco is marketed by the producer through a
warehouseman or other agent, such penalty shall be paid by such
warehouseman or agent who may deduct an amount equivalent to the penalty
from the price paid to the producer: Provided, That in case any tobacco
is marketed directly to any person outside the United States the penalty
shall be paid and remitted by the producer. If any producer falsely
identifies or fails to account for the disposition of any tobacco, an
amount of tobacco equal to the normal yield of the number of acres
harvested in excess of the farm-acreage allotment shall be deemed to
have been marketed in excess of the marketing quota for the farm, and
the penalty in respect thereof shall be paid and remitted by the
producer. Tobacco carried over by the producer thereof from one
marketing year to another may be marketed without payment of the penalty
imposed by this section if the total amount of tobacco available for
marketing from the farm in the marketing year from which the tobacco is
carried over did not exceed the farm marketing quota established for the
farm for such marketing year (or which would have been established if
marketing quotas had been in effect for such marketing year), or if the
tobacco so carried over does not exceed the normal production of that
number of acres by which the harvested acreage of tobacco in the
calendar year in which the marketing year begins is less than the
farm-acreage allotment. Tobacco produced in a calendar year in which
marketing quotas are in effect for the marketing year beginning therein
shall be subject to such quotas even though it is marketed prior to the
date on which such marketing year begins.
(b) Collection and deposit
The Secretary shall require collection of the penalty upon a
proportion of each lot of tobacco marketed from the farm equal to the
proportion which the tobacco available for marketing from the farm in
excess of the farm marketing quota is of the total amount of tobacco
available for marketing from the farm if satisfactory proof is not
furnished as to the disposition to be made of such excess tobacco prior
to the marketing of any tobacco from the farm. All funds collected
pursuant to this section shall be deposited in a special deposit account
with the Treasurer of the United States until the end of the marketing
year next succeeding that in which the funds are collected, and upon
certification by the Secretary there shall be paid out of such special
deposit account to persons designated by the Secretary the amount by
which the penalty collected exceeds the amount of penalty due upon
tobacco marketed in excess of the farm marketing quota for any farm.
Such special account shall be administered by the Secretary, and the
basis for, the amount of, and the person entitled to receive a payment
from such account, when determined in accordance with regulations
prescribed by the Secretary, shall be final and conclusive.
(c) Lien in favor of United States
Until the amount of the penalty provided by this section is paid, a
lien on the tobacco with respect to which such penalty is incurred, and
on any subsequent tobacco subject to marketing quotas in which the
person liable for payment of the penalty has an interest, shall be in
effect in favor of the United States for the amount of the penalty.
(Feb. 16, 1938. ch. 30, title III, 314, 52 Stat. 48; Aug. 7, 1939,
ch. 565, 53 Stat. 1262; June 13, 1940, ch. 360, 5, 54 Stat. 393; Feb.
19, 1946, ch. 31, 2, 60 Stat. 21; June 22, 1954, ch. 339, 68 Stat.
270; Mar. 31, 1955, ch. 21, 5, 69 Stat. 24; July 20, 1982, Pub. L.
97-218, title I, 103, title II, 206(a), 96 Stat. 201, 206.)
The Agricultural Act of 1949, referred to in subsec. (a), is act
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
classified principally to chapter 35A ( 1421 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of this title and Tables.
1982 -- Subsec. (a). Pub. L. 97-218, 103, inserted ''(1)'' before
''any kind of tobacco'', and inserted cl. (2), regarding marketing of
any kind of tobacco that is not eligible for price support under the
Agricultural Act of 1949 because a producer on a farm has not agreed to
make the required contributions or pay assessments to the No Net Cost
Tobacco Fund or the No Net Cost Tobacco Account, if marketing quotas for
that kind of tobacco are in effect.
Subsec. (c). Pub. L. 97-218, 206(a), added subsec. (c).
1955 -- Subsec. (a). Act Mar. 31, 1955, substituted ''75 per
centum'' for ''50 per centum'' in first sentence.
1954 -- Subsec. (a). Act June 22, 1954, substituted ''50 per
centum'' for ''40 per centum'' in first sentence.
1946 -- Subsec. (a). Act Feb. 19, 1946, struck out ''10 cents per
pound in the case of flue-cured, Maryland, or Burley tobacco and 5 cents
per pound in the case of all other kinds of tobacco.'' and inserted in
lieu thereof ''40 per centum of the average market price (calculated to
the nearest whole cent) for such kind of tobacco for the immediately
preceding marketing year'' in first sentence.
1940 -- Act June 13, 1940, designated existing provisions as subsec.
(a), inserted last three sentences to subsec. (a), and added subsec.
(b).
1939 -- Subsec. (a). Act Aug. 7, 1939, struck out first sentence
and inserted in lieu thereof ''The marketing of any tobacco in excess of
the marketing quota for the farm on which the tobacco is produced shall
be subject to a penalty of 10 cents per pound in the case of flue-cured,
Maryland, or Burley tobacco and 5 cents per pound in the case of all
other kinds of tobacco''.
Section 103 of Pub. L. 97-218 provided that the amendment made by
that section is effective for 1983 and subsequent crops of tobacco.
Amendment by section 206(a) of Pub. L. 97-218 effective July 20,
1982, but not to apply to any lease of a Flue-cured tobacco acreage
allotment or marketing quota entered into under the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) before that date, see
section 207 of Pub. L. 97-218, set out as a note under section 1314b of
this title.
Act Mar. 31, 1955, provided that the amendment made by that act is
effective July 1, 1955, with respect to flue-cured tobacco, and Oct. 1,
1955, with respect to other kinds of tobacco.
Act June 22, 1954, provided that the amendment made by that act is
effective Oct. 1, 1954, except that in the case of flue-cured tobacco
such amendment is effective July 1, 1955.
The second par. of section 2 of act Feb. 19, 1946, provided: ''The
amendment made by this section (amending this section) shall become
effective July 1, 1946, except that in the case of flue-cured tobacco
such amendment shall become effective May 1, 1947.''
Periods
Section 317(g)(2), (3) of act Feb. 16, 1938, as added by Pub. L.
89-12, 1, Apr. 16, 1965, 79 Stat. 71, and classified to section
1314c(g)(2), (3) of this title, provided that:
''(2) When marketing quotas established under this section (section
1314c of this title) are in effect the provisions with respect to
penalties contained in the third sentence of subsection 314(a) (subsec.
(a) of this section) shall be revised to read: 'If any producer falsely
identifies or fails to account for the disposition of any tobacco, the
Secretary, in lieu of assessing and collecting penalties based on actual
marketings of excess tobacco, may elect to assess a penalty computed by
multiplying the full penalty rate by an amount of tobacco equal to 25
per centum of the farm marketing quota plus the farm yield of the number
of acres harvested in excess of the farm acreage allotment and the
penalty in respect thereof shall be paid and remitted by the producer'.
''(3) For the first year a marketing quota program established under
the provisions of this section (section 1314c of this title) is in
effect, the words 'normal production' where they appear in the fourth
sentence of subsection (a) of such section (subsec. (a) of this section)
shall be read 'farm yield' and the said fourth sentence shall otherwise
be applicable. For the second and succeeding years for which a program
established under the provisions of this section (section 1314c of this
title) is in effect, the provisions of subsection (a)(8) (section
1314c(a)(8) of this title) shall apply when penalties, if any, on
carryover tobacco are computed, and the provisions contained in the
fourth sentence of subsection 314(a) (subsec. (a) of this section) shall
not be applicable.''
Poundage Quota Periods
Section 319(i)(2), (3) of act Feb. 16, 1938, as added by Pub. L.
92-10, 1, Apr. 14, 1971, 85 Stat. 23, and classified to section
1314e(i)(2), (3) of this title, provided that:
''(2) The provisions with respect to penalties contained in the third
sentence of section 1314(a) of this title shall be revised to read: 'If
any producer falsely identifies or fails to account for the disposition
of any tobacco, the Secretary, in lieu of assessing and collecting
penalties based on actual marketings of excess tobacco, may elect to
assess a penalty computed by multiplying the full penalty rate by an
amount of tobacco equal to 25 per centum of the farm marketing quota
(after adjustments) and the penalty in respect thereof shall be paid and
remitted by the producer'.
''(3) The provisions contained in the fourth sentence of section
1314(a) of this title shall not be applicable. For the first year a
marketing quota program established under the provisions of this section
(section 1314e of this title) is in effect, the farm marketing quota
determined under the provisions of subsection (e) of this section shall
receive a temporary upward adjustment equal to the amount of carryover
penalty-free burley tobacco for the farm. For subsequent years, the
provisions of subsection (c) of this section shall apply.''
/1/ So in original. A reference to section 106B(d)(1) was probably
intended.
07 USC 1314-1. Limitation on sale of tobacco floor sweepings
TITLE 7 -- AGRICULTURE
(a) Penalty
Effective for the 1982 and subsequent crops of tobacco, the marketing
of floor sweepings of any kind of tobacco in excess of allowable floor
sweepings shall be subject to a civil penalty of 150 per centum of the
average market price (calculated to the nearest whole cent) for such
kind of tobacco for the immediately preceding marketing year. Such
penalty shall be paid by any person found by the Secretary to have
marketed such floor sweepings in excess of the allowable amount.
(b) Assessment; notice and opportunity for hearing; determination
The penalty provided for in subsection (a) of this section shall be
assessed by the Secretary only after the person alleged to have marketed
floor sweepings in excess of allowable floor sweepings has been given
notice and an opportunity for hearing and the Secretary has determined
by decision incorporating the Secretary's findings of fact that a
violation did occur and the amount of the penalty.
(c) Relation to other law
The provisions of section 1376 of this title shall apply to penalties
under this section.
(d) Definitions
As used in this section --
(1) the term ''floor sweepings'' means the scraps or leaves of
tobacco which accumulate on the warehouse floor in the regular course of
business; and
(2) the term ''allowable floor sweepings'' means the quantity of
floor sweepings determined by multiplying 0.24 per centum times the
total first sales of tobacco at auction for the season for the warehouse
involved.
(Feb. 16, 1938, ch. 30, title III, 314A, as added July 20, 1982, Pub.
L. 97-218, title III, 306, 96 Stat. 215.)
07 USC 1314a. Repealed. Pub. L. 90-51, 2, July 7, 1967, 81 Stat. 121
TITLE 7 -- AGRICULTURE
Section, act Feb. 16, 1938, ch. 30, title III, 315, as added Aug.
21, 1958, Pub. L. 85-705, 72 Stat. 703, provided for a referendum
among producers of type 21 (Virginia) fire-cured tobacco and type 37
Virginia sun-cured tobacco on the question of a single combined tobacco
acreage allotment and provided for establishment and subsequent
increases and decreases in allotments. See section 1314d of this title.
07 USC 1314b. Lease or sale of acreage allotments
TITLE 7 -- AGRICULTURE
(a) Conditions for permission from Secretary; false statements;
exceptions
(1) Notwithstanding any other provision of law --
(A)(i) The Secretary, if the Secretary determines that it will not
impair the effective operation of the tobacco marketing quota or price
support program, may permit the owner and operator of any farm for which
a tobacco acreage allotment (other than a Burley, Flue-cured, dark
air-cured, Fire-cured, Virginia sun-cured and cigar-binder, type 54 or
55 tobacco acreage allotment) is established under this chapter to lease
and transfer all or any part of such allotment to any other owner or
operator of a farm in the same county for use in such county on a farm
having a current tobacco allotment of the same kind.
(ii) The Secretary shall, only with respect to the 1984 through 1986
crops of Flue-cured tobacco, permit the owner of a farm to which a
Flue-cured tobacco acreage allotment or quota is assigned under this
chapter to lease and transfer all or any part of such allotment or quota
to any other owner or operator of a farm in the same county for use in
such county on a farm having a current Flue-cured tobacco acreage
allotment or quota except that for the 1985 and 1986 crops such lease
and transfer shall be permitted only if (except as otherwise provided in
paragraph (2)(A)) the parties to the lease file a copy of the lease
agreement with the county committee for the county in which the farms
are located, together with a written statement certifying that none of
the consideration for the lease has been or will be paid to the lessor,
either directly or indirectly in any form including a loan by the lessee
to the lessor, the endorsement of a note by the lessee for the lessor,
or any other similar arrangement which represents the anticipated income
for the lease, prior to the marketing of the tobacco produced under the
lease and that the lease and transfer is otherwise in compliance with
the provisions of this section. Beginning with the 1985 crop, the
Secretary shall promulgate regulations establishing, insofar as is
reasonably practicable, a similar requirement providing that none of the
consideration for the lease of any Flue-cured tobacco acreage allotment
and quota may be paid to the lessor prior to the marketing of the
tobacco produced under the lease. The Secretary shall also require that
any seller of a Flue-cured tobacco allotment and quota grant to the
buyer an option to make payment therefore in equal annual installments
payable each fall for a period not to exceed five years from the year in
which the sale is made. With respect to the 1987 and subsequent crops
of Flue-cured tobacco, the Secretary shall not permit the lease and
transfer of Flue-cured tobacco acreage allotments and quotas.
(B) If, after notice and opportunity for a hearing, the county
committee determines that the lessee or the lessor of a Flue-cured
tobacco acreage allotment or quota knowingly made a false statement in
the written statement filed under subparagraph (A), (i) in the case of a
false statement knowingly made by the lessee, the lease agreement for
purposes of the Flue-cured tobacco marketing quota program with respect
to the lessee's farm shall be considered null and void as of the date
approved by the county committee or (ii) in the case of a false
statement knowingly made by the lessor, the Flue-cured tobacco allotment
and quota next established for the farm of the lessor shall be reduced
by the percentage which the leased allotment or quota was of the total
Flue-cured tobacco allotment or quota for the farm. Notice of any
determination made by the county committee under the preceding provision
shall be mailed as soon as practicable to the lessee or lessor involved.
If the lessee or lessor is dissatisfied with such determination, the
lessee or lessor may request, within fifteen days after notice of such
determination is mailed, a review of such determination by a local
review committee under section 1363 of this title.
(2) Repealed. Pub. L. 98-180, title II, 206(b)(1), Nov. 29, 1983,
97 Stat. 1147.
(b) Term of years; terms and conditions
Any lease may be made for such term of years not to exceed five as
the parties thereto agree, and on such other terms and conditions,
except as otherwise provided in this section, as the parties thereto
agree.
(c) Filing with county committees; calculation of normal yield for
transfer
The lease and transfer or sale and transfer of any allotment shall
not be effective until a copy of the lease or sale agreement, as the
case may be, is filed with and determined by the county committee of the
county in which the farms involved are located to be in compliance with
the provisions of this section. The transfer shall be approved acre for
acre.
(d) Allotments for other years unaffected; inclusion of amount in
transferors' plantings; referendum voting rights
The lease and transfer of any part of a tobacco acreage allotment
determined for a farm shall not affect the allotment for the farm from
which such acreage allotment is transferred or the farm to which it is
transferred, except with respect to the crop year specified in the
lease. The amount of acreage allotment which is leased from a farm
shall be considered for purpose of determining future allotments to have
been planted to tobacco on the farm from which such allotment is
transferred and the production pursuant to the lease and transfer shall
not be taken into account in establishing allotments for subsequent
years for the farm to which such allotment is transferred. The lessor
shall be considered to have been engaged in the production of tobacco
for the purpose of eligibility to vote in the referendum.
(e) Limitation on amount of acreage allotment; ''tillable cropland''
defined
(1) The total acreage allotted to any farm after the transfer by
lease or sale of tobacco acreage allotment to the farm under the
provisions of this section shall not exceed 50 per centum of the acreage
of cropland in the farm or, in the case of the sale of a Flue-cured
tobacco acreage allotment or poundage quota, of the acreage of tillable
cropland (as defined in paragraph (2)) in the farm: Provided, That in
the case of cigar-filler tobacco types 42, 43, or 44, not more than 10
acres of allotment may be leased and transferred to any farm.
(2) For purposes of this section, the term ''tillable cropland''
means cleared land that can be planted to crops without unusual
cultivation or other preparation.
(f) Regulations
The Secretary shall prescribe such regulations as he considers
necessary for carrying out the provisions of this section.
(g) Sale of allotment or quota by one active Flue-cured tobacco
producer to another; definition
(1) The Secretary shall permit the owner of any farm to which a
Flue-cured tobacco allotment or quota is assigned to sell, for use on
another farm in the same county, all or any part of such allotment or
quota to any person who is or intends to become an active Flue-cured
tobacco producer. For purposes of this section, the term ''active
Flue-cured tobacco producer'' means any person who shared in the risk of
producing a crop of Flue-cured tobacco in not less than one of the three
years preceding the year involved, or any person who certifies to the
Secretary, in such form and manner as the Secretary shall by regulation
prescribe, his or her intent to become a Flue-cured tobacco producer.
(2) For purposes of this section, a person shall be considered to
have shared in the risk of producing a crop of Flue-cured tobacco if --
(A) the investment of such person in the production of such crop is
not less than 20 per centum of the proceeds of the sale of such crop;
(B) the amount of such person's return on such investment is
dependent solely on the sale price of such crop; and
(C) such person may not receive any of such return before the sale of
such crop.
(h) /1/ Sale or forfeiture of allotment or quota; notice and
opportunity for hearing; determination; review
(1) Any person who --
(A) acquires any Flue-cured tobacco acreage allotment or quota by
purchase under subsection (g) of this section; and
(B) with respect to any crop of Flue-cured tobacco planted after the
date of such acquisition, fails to share in the risk of producing
tobacco under such allotment or quota in the manner specified in
subsection (g)(2) of this section;
shall sell such allotment or quota before the expiration of the
eighteen-month period beginning on July 1 of the year in which such crop
is planted, or such allotment or quota shall be subject to forfeiture
under the procedure specified in paragraph (3) of this subsection.
(2) Any person who --
(A) acquires any Flue-cured tobacco acreage allotment or quota by
purchase under subsection (g) of this section; and
(B) disposes of an acreage of tillable cropland (as defined in
subsection (e)(2) of this section) which results in the total acreage of
Flue-cured tobacco allotted to such person's farm exceeding 50 per
centum of the tillable cropland owned by such person;
shall, before July 1 of the year after the year of such disposal,
take steps which will result in the total acreage of Flue-cured tobacco
allotted to such farm not exceeding 50 per centum of the tillable
cropland owned by such person. If such person fails to take such steps,
then any such excess allotment or quota shall be subject to forfeiture
under the procedure specified in paragraph (3) of this subsection.
(3)(A) If, after notice and an opportunity for a hearing, the
appropriate county committee determines that any person knowingly failed
to comply with paragraph (1) or (2) of this subsection, then such person
shall forfeit to the Secretary the allotment or quota specified in such
paragraph. Any allotment or quota so forfeited shall be reallocated by
such county committee for use by active Flue-cured tobacco producers (as
defined in subsection (g)(1) of this section) in the county involved.
(B) Notice of such determination shall be mailed, as soon as
practicable, to such person. If such person is dissatisfied with such
determination, then such person may request, within fifteen days after
notice of such determination is so mailed, a review of such
determination by a local review committee under section 1363 of this
title.
(h) /1/ Transfer authority
(1) Notwithstanding any other provision of this section, the
Secretary may permit, after June 30 of any crop year, the lease and
transfer of flue-cured tobacco quota assigned to a farm if --
(A) the planted acreage of flue-cured tobacco on the farm to which
the quota is assigned is determined by the Secretary to be equal to or
greater than 90 percent of the farm's acreage allotment, or the planted
acreage is determined to be sufficient to produce the farm marketing
quota under average conditions; and
(B) the farm's expected production of flue-cured tobacco is less than
80 percent of the farm's effective marketing quota as a result of a
natural disaster condition.
(2) Any lease and transfer of quota under this paragraph may be made
to any other farm within the same State in accordance with regulations
issued by the Secretary.
(Feb. 16, 1938, ch. 30, title III, 316, as added Sept. 6, 1961, Pub.
L. 87-200, 75 Stat. 469, and amended July 10, 1962, Pub. L. 87-530, 76
Stat. 151; Oct. 15, 1962, Pub. L. 87-824, 76 Stat. 947; July 19, 1963,
Pub. L. 88-68, 77 Stat. 81; July 30, 1963, Pub. L. 88-80, 77 Stat. 114;
Aug. 20, 1964, Pub. L. 88-469, 1, 2, 78 Stat. 581; May 27, 1965, Pub.
L. 89-29, 79 Stat. 118; Nov. 3, 1965, Pub. L. 89-321, title VII, 703,
79 Stat. 1210; June 24, 1966, Pub. L. 89-471, 80 Stat. 220; Mar. 29,
1967, Pub. L. 90-6, 81 Stat. 6; July 7, 1967, Pub. L. 90-52, 81 Stat.
121; Oct. 11, 1968, Pub. L. 90-559, 1(1), 82 Stat. 996; June 19, 1970,
Pub. L. 91-284, 1-4, 84 Stat. 314; June 6, 1972, Pub. L. 92-311, 86
Stat. 215; Aug. 1, 1973, Pub. L. 93-80, 87 Stat. 178; Oct. 24, 1974,
Pub. L. 93-464, 88 Stat. 1416; Oct. 1, 1976, Pub. L. 94-445, 90 Stat.
1489; June 25, 1977, Pub. L. 95-54, 91 Stat. 250; July 20, 1982, Pub.
L. 97-218, title II, 201, 96 Stat. 201; Nov. 29, 1983, Pub. L. 98-180,
title II, 205(a), 206, 97 Stat. 1145, 1147; Dec. 22, 1987, Pub. L.
100-203, title I, 1112(a), 101 Stat. 1330-7; Oct. 30, 1989, Pub. L.
101-134, 2(b), 103 Stat. 781.)
The written statement described in subsection (c) of this section,
referred to in subsec. (a)(2)(A), was eliminated by the amendment to
subsec. (c) by section 206(a) of Pub. L. 98-180. See 1983 Amendment
note below.
1989 -- Subsec. (c). Pub. L. 101-134 substituted ''The transfer
shall be approved acre for acre.'' for ''If the normal yield established
by the county committee for the farm to which the allotment is
transferred by lease or sale does not exceed the normal yield
established by the county committee for the farm from which the
allotment is transferred by more than 10 per centum, the transfer shall
be approved acre for acre. If the normal yield for the farm to which
the allotment is transferred exceeds the normal yield for the farm from
which the allotment is transferred by more than 10 per centum, the
county committee shall make a downward adjustment in the amount of the
acreage allotment transferred by multiplying the normal yield
established for the farm from which the allotment is transferred by the
acreage being transferred and dividing the result by the normal yield
established by the farm to which the allotment is transferred.''
1987 -- Subsec. (h). Pub. L. 100-203 added subsec. (h) relating to
transfer authority.
1983 -- Subsec. (a)(1). Pub. L. 98-180, 205(a), designated existing
provision as subpar. (A)(i), substituted ''The Secretary, if the
Secretary'' for ''the Secretary, if he'', ''Fire-cured'' for
''fire-cured'', and ''lease and transfer all'' for '', to lease all''
and struck out ''shall permit the owner of any farm to which a
Flue-cured tobacco acreage allotment or quota is assigned under this
chapter and'' before ''may permit'' and ''or quota'' after ''such
allotment'' and ''tobacco allotment'' and added subpars. (A)(ii) and
(B).
Subsec. (a)(2). Pub. L. 98-180, 206(b)(1), struck out par. (2) which
read as follows:
''(A) No lease of any Flue-cured tobacco allotment or quota assigned
to a farm may be filed under subsection (c) of this section after June
15 of the crop year specified in such lease, except that the Secretary
may allow a lease to be so filed after June 15 of such crop year if the
Secretary determines that, as a result of flood, hail, wind, tornado, or
other natural disaster --
''(i) the county in which such farm is located has suffered a loss of
not less than 10 per centum of the acreage of Flue-cured tobacco planted
for harvest in such crop year;
''(ii) the lessor involved has suffered a loss of not less than 10
per centum of the acreage of Flue-cured tobacco planted for harvest on
such farm in such crop year; and
''(iii) such lease will not impair the effective operation of the
tobacco marketing quota or price support program.
If the Secretary makes such determination, then the Secretary may
permit the lessor to lease all or any part of such allotment or quota to
any other owner or operator of a farm in the same county or in an
adjoining county within the same State for use in such county on a farm
having a current Flue-cured tobacco allotment or quota. If permitted,
such lease and transfer shall not be effective until a copy of such
lease and a written statement described in subsection (c) of this
section are filed with and determined by the county committee of such
county to be in compliance with the provisions of this section.
''(B) No agreement or arrangement may be made in connection with the
making of any lease with respect to any Flue-cured tobacco allotment or
quota under paragraph (1) of this subsection except --
''(i) between the lessor and lessee; or
''(ii) between the lessor or lessee and any attorney, trustee, bank,
or other agent or representative, who regularly represents the lessor or
lessee, as the case may be, in business transactions unrelated to the
production or marketing of tobacco.
''(C) No sublease or other transfer of such allotment or quota may be
made by such lessee during the period of such lease.''
Subsec. (c). Pub. L. 98-180, 206(a), struck out provisions requiring
the lessor and lessee, in addition to a copy of the lease, to file with
the county committee a written statement certifying compliance with the
provisions of this section, authorizing the county committee, after
notice and opportunity for hearing, to determine that a knowingly false
statement was made in such written statement, specifying penalties for
such false statement, directing that notice of the determination be
mailed to the lessor or lessee, and permitting the lessor or lessee, if
dissatisfied with such determination, to review such determination under
section 1363 of this title.
Subsec. (e)(1). Pub. L. 98-180, 206(b)(2), substituted ''the sale of
a Flue-cured tobacco acreage allotment or poundage quota'' for
''Flue-cured tobacco''.
Subsec. (g)(2). Pub. L. 98-180, 206(b)(3), struck out last sentence
which read as follows: ''Any person who owns any Flue-cured tobacco
allotment or quota and leases such allotment or quota to another person
for use in producing a crop shall be considered to have shared in the
risk of producing such crop if, under the terms of such lease,
subparagraphs (B) and (C) of this paragraph are satisfied with regard to
such owner.''
1982 -- Subsec. (a). Pub. L. 97-218, 201(a), designated existing
provisions as par. (1), substituted ''shall permit the owner of any
farm to which a Flue-cured tobacco acreage allotment or quota is
assigned under this chapter and may permit the owner and operator'' for
''may permit the owner and operator'', and substituted ''(other than a
Burley, Flue-cured, dark air-cured, fire-cured, Virginia sun-cured and
cigar-binder, type 54 or 55 tobacco acreage allotment) is established
under this chapter, to lease'' for ''(other than a Burley, dark
air-cured, fire-cured, Virginia sun-cured and cigar-binder, type 54 or
55 tobacco acreage allotment) is established under this chapter to
lease'', and added par. (2).
Subsec. (c). Pub. L. 97-218, 201(b), inserted references to sales of
acreage allotments in provision requiring the filing of agreements with
the county committee of the county in which the farms involved are
located, substituted provisions that in the case of a lease and transfer
of any Flue-cured tobacco allotment or quota regarding any crop, a lease
under this section shall take effect only after the lessor and lessee
each file with the county committee a copy of the lease together with a
written statement of compliance, and provisions for penalties, after
notice and opportunity for hearing, in the event a county committee
determines that either the lessor or the lessee knowingly made a false
statement in the written statement of compliance, together with
provisions for review of any unfavorable determination upon request, for
former provisions that any lease of Flue-cured tobacco acreage-poundage
marketing quotas from any farm with an acreage-poundage marketing quota
in excess of two thousand pounds filed on or after June 15 in any year
was not effective unless the acreage planted on both the lessor and the
lessee farms during the current marketing year was as much as 80 per
centum of the farm acreage allotment in effect for such year, and
inserted references to transfers by sale in the provisions for the acre
by acre approval of transfers when the transfer/transferee normal yield
differential is 10 percent or less.
Subsec. (e). Pub. L. 97-218, 201(c), designated existing provisions
as par. (1), substituted ''transfer by lease or sale'' for ''transfer
by lease'' and ''cropland in the farm or, in the case of Flue-cured
tobacco, of the acreage of tillable cropland (as defined in paragraph
(2)) in the farm'' for ''cropland in the farm'', and added par. (2).
Subsec. (g). Pub. L. 97-218, 201(d), added subsec. (g). Former
subsec. (g), which related to emergency allotment leases and transfers
for 1973 in certain disaster areas in Georgia and South Carolina, was
struck out.
Subsec. (h). Pub. L. 97-218, 201(d), added subsec. (h). Former
subsec. (h), which related to emergency allotment leases and transfers
for 1974 in certain disaster areas in North Carolina, was struck out.
Subsec. (i). Pub. L. 97-218, 201(d), struck out subsec. (i) which
related to emergency allotment leases and transfers for 1976 in certain
disaster areas in Georgia and South Carolina.
1977 -- Subsec. (c). Pub. L. 95-54 substituted provision allowing
leasing of flue-cured tobacco acreage-poundage quotas after June 15 of
any year only between farms on which at least 80 per centum of the farm
acreage allotment was planted for such year for provision which had
formerly required only a 50 per centum planting.
1976 -- Subsec. (i). Pub. L. 94-445 added subsec. (i).
1974 -- Subsec. (h). Pub. L. 93-464 added subsec. (h).
1973 -- Subsec. (g). Pub. L. 93-80 added subsec. (g).
1972 -- Subsec. (c). Pub. L. 92-311 substituted provisions that
leases of Flue-cured tobacco acreage-poundage marketing quotas from any
farm with an acreage-poundage marketing quota in excess of 2,000 pounds
filed on or after June 15 in any year will not be effective unless the
acreage planted on lessor and lessee farms during that year was 50 per
centum of the farm acreage allotment in effect for such year, for
provisions that such lease and transfer shall not be effective unless a
copy of the lease was filed with the county committee prior to a closing
date, not later than the normal planting time in the county, established
by the Secretary.
1970 -- Subsec. (a). Pub. L. 91-284, 1, authorized leases without
limitation to crop years 1962 through 1970, prescribed conditions for
permission from Secretary, substituted as excepted from allotment
''Burley, dark air-cured, fire-cured, Virginia sun-cured and
cigar-binder, type 54 or 55 tobacco acreage allotment'' for ''Burley
tobacco acreage allotment or a cigar-filler and cigar binder (types 42,
43, 44, 53, 54, and 55) tobacco acreage allotment'', authorized lease of
all of such allotment or quota, and deleted provision for recognition
and consideration of lease and transfer of allotment as valid by the
county committee upon compliance with conditions of this section.
Subsec. (b). Pub. L. 91-284, 2, provided for execution of leases for
term of years not exceeding five rather than on an annual basis.
Subsec. (e). Pub. L. 91-284, 3, prescribed 10 acre limitation on the
amount of cigar-filler tobacco types 42, 43, or 44 allotment acreage
which may be leased and transferred to any farm.
Subsec. (g). Pub. L. 91-284, 4, repealed provision for filing of
leases for 1965 crop year.
1968 -- Subsec. (a). Pub. L. 90-559 provided for a one year
extension through 1970.
1967 -- Subsec. (a). Pub. L. 90-6 struck out provision which
restricted leasing and transferring of a Maryland tobacco allotment
unless at least 75 percent of the allotment for the farm had been
actually planted on such farm during each of the two immediately
preceding years.
Subsec. (e). Pub. L. 90-52 removed 5 acre limitation on amount of
tobacco allotment acreage which may be leased and transferred to any
farm.
1966 -- Subsec. (c). Pub. L. 89-471 inserted proviso which allowed
lease and transfer of an allotment notwithstanding failure to file a
copy of the lease with the county committee prior to closing date if the
Secretary finds that the lease was agreed upon prior to the closing date
and the terms of the lease are reduced to writing and filed not later
than the 31st day of July of the crop year to which the lease relates.
1965 -- Subsec. (a). Pub. L. 89-321 extended from 1965 to 1969 the
lease privilege for tobacco acreage allotments as well as the
prohibition against lease eligibility for Maryland tobacco acreage
allotments unless at least 75 per centum of the allotment for the farm
was actually planted on such farm during each of the two immediately
preceding years.
Subsec. (g). Pub. L. 89-29 substituted ''1965 crop year'' for ''1964
crop year'' and ''June 15, 1965'' for ''June 15, 1964'', and changed the
date of filing from within twenty days of August 20, 1964, to within
twenty days of May 27, 1965.
1964 -- Subsec. (g). Pub. L. 88-469, 1, substituted ''1964 crop
year'' for ''1962 crop year'' and ''June 15, 1964'' for ''June 15,
1962'', and changed the date of filing from within twenty days of July
10, 1962 to within twenty days of August 20, 1964.
Subsec. (h). Pub. L. 88-469, 2, repealed subsec. (h) which related
to filing of leases for 1963 crop year.
1963 -- Subsec. (a). Pub. L. 88-68, 1(1), extended to crop years
1964 and 1965 provisions permitting lease of tobacco acreage allotments,
substituted ''or'' for '', and for the 1963 crop year, other than'',
inserted ''1962 or 1963'' before ''allotment'' in the Maryland tobacco
provision and precluded the leasing of 1964 or 1965 Maryland tobacco
allotment from the farm unless at least 75 per centum of the allotment
for the farm was actually planted on such farm during each of the two
immediately preceding years.
Subsec. (b). Pub. L. 88-68, 1(2), required annual basis for leases
and eliminated provisions against leases for any period exceeding 1 year
and for renewal of 1963 crop year leases, except renewal of 1963 crop
year leases for cigar-filler and cigar-binder (types 42, 43, 44, 53, 54,
and 55).
Subsec. (h). Pub. L. 88-80 added subsec. (h).
1962 -- Subsec. (a). Pub. L. 87-824 excepted for the 1963 crop year
cigar-filler and cigar-binder (types 42, 43, 44, 53, 54, and 55) tobacco
acreage allotments.
Subsec. (b). Pub. L. 87-824 inserted proviso prohibiting renewal of
lease for 1963 for cigar-filler and cigar-binder (types 42, 43, 44, 53,
54, and 55) tobacco.
Subsec. (g). Pub. L. 87-530 added subsec. (g).
Section 205(a) of Pub. L. 98-180 provided that the amendment made by
that section is effective for 1984 and subsequent crops of tobacco.
Section 206(a) of Pub. L. 98-180 provided that the amendment made by
that section is effective for 1984 and subsequent crops of tobacco.
Section 206(b) of Pub. L. 98-180 provided that the amendment made by
that section is effective for 1987 and subsequent crops of tobacco.
Section 207 of title II of Pub. L. 97-218 provided that:
''(a) Except as provided in subsection (b), this title (enacting
section 1314b-1 of this title and amending this section and sections
1314, 1314c, 1314f, and 1316 of this title) shall take effect on the
date of the enactment of this Act (July 20, 1982).
''(b) The amendments made by this title (enacting section 1314b-1 of
this title and amending this section and sections 1314, 1314c, 1314f,
and 1316 of this title) shall not apply to any lease of a Flue-cured
tobacco acreage allotment or marketing quota entered into under the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) before the
date of the enactment of this Act (July 20, 1982).''
/1/ So in original. Two subsecs. (h) have been enacted.
07 USC 1314b-1. Mandatory sale of certain Flue-cured tobacco acreage
allotments and marketing quotas
TITLE 7 -- AGRICULTURE
(a) Sale or forfeiture of acreage allotment or marketing quota by
institutional farmowners not later than the later of December 1, 1984,
or December 1 of year after year in which farm acquired
Any person (including, but not limited to, any governmental entity,
public utility, educational institution, or religious institution, but
not including any individual, any partnership, any family farm
corporation, any trust, estate or similar fiduciary account with respect
to which the beneficial interest is in one or more individuals, or any
educational institution that uses a Flue-cured acreage allotment or
quota for instructional or demonstration purposes) which, on or after
July 20, 1982 --
(1) owns a farm for which a Flue-cured acreage allotment or marketing
quota is established under this chapter; and
(2) is not significantly involved in the management or use of land
for agricultural purposes;
shall sell such allotment or quota in accordance with section 1314b(
g) of this title not later than December 1, 1984, or December 1 of the
year after the year in which the farm is acquired, whichever is later,
or shall forfeit such allotment or quota under the procedure specified
in subsection (c) of this section.
(b) Forfeiture of acreage allotment or marketing quota by farmowners
on or after December 1, 1983
Any person (including, but not limited to, any governmental entity,
public utility, educational institution, or religious institution) who,
on or after December 1, 1983, owns a farm for which the total acreage
alloted for the production of Flue-cured tobacco under this chapter
exceeds 50 per centum of such farm's tillable cropland, as defined in
section 1314b(e)(2) of this title, shall forfeit any acreage allotment
or marketing quota representing the excess under the procedure specified
in subsection (c) of this section. In the case of any person who
acquires a farm after December 1, 1983, the acreage allotment or
marketing quota representing the excess shall not be subject to
forfeiture until July 1 of the year after the year of acquisition.
(c) Notice and opportunity for hearing; determination; review
(1) If, after notice and an opportunity for a hearing, the
appropriate county committee determines that any person knowingly failed
to comply with subsection (a) or (b) of this section, then the allotment
or quota specified in such subsection shall be forfeited and shall be
reallocated in the manner provided for in section 1314b(h)(3)( A) of
this title.
(2) Notice of such determination shall be mailed, as soon as
practicable, to such person. If such person is dissatisfied with such
determination, then such person, within fifteen days after notice of
such determination is so mailed, may request review of such
determination under section 1363 of this title.
(Feb. 16, 1938, ch. 30, title III, 316A, as added July 20, 1982, Pub.
L. 97-218, title II, 202, 96 Stat. 205, and amended Nov. 29, 1983, Pub.
L. 98-180, title II, 207(a), 97 Stat. 1148.)
1983 -- Subsec. (a). Pub. L. 98-180 inserted '', any partnership,
any family farm corporation, any trust, estate or similar fiduciary
account with respect to which the beneficial interest is in one or more
individuals, or any educational institution that uses a Flue-cured
acreage allotment or quota for instructional or demonstration purposes''
after ''any individual'' and substituted ''1984'' for ''1983''.
Section effective July 20, 1982, but not to apply to any lease of a
Flue-cured tobacco acreage allotment or marketing quota entered into
under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.)
before that date, see section 207 of Pub. L. 97-218, set out as an
Effective Date of 1982 Amendment note under section 1314b of this title.
07 USC 1314b-2. Mandatory sale of certain Burley tobacco acreage
allotments and marketing quotas
TITLE 7 -- AGRICULTURE
(a) Sale or forfeiture of marketing quota by institutional farmowners
not later than the later of December 1, 1984, or December 1 of year
after year in which farm acquired
Any person (including, but not limited to, any governmental entity,
public utility, educational institution, or religious institution, but
not including any individual) which, on or after July 20, 1982 --
(1) owns a farm for which a Burley tobacco marketing quota is
established under this chapter; and
(2) does not use the land on the farm for agricultural purposes, or
does not use its Burley marketing quota for educational, instructional,
or demonstration purposes;
shall sell, not later than December 1, 1984, or December 1 of the
year after the year in which the farm is acquired, whichever is later,
such quota to an active Burley tobacco producer or any person who
intends to become an active Burley tobacco producer, as defined by the
Secretary, for use on another farm in the same county or shall forfeit
such quota under the procedure specified in subsection (b) of this
section. Notwithstanding the foregoing provisions of this subsection,
any person to whom this subsection, as in effect prior to November 29,
1983, applies and who --
(A) is required to sell or forfeit the marketing quota by December 1,
1983, because the person was not significantly involved in the
management or use of the land for agricultural purposes, but
(B) would be eligible to retain the marketing quota under this
subsection, as amended by the Tobacco Adjustment Act of 1983,
may, if the person elects to do so, sell such person's marketing
quota if a record of the transfer is filed with the county committee by
February 1, 1984.
(b) Notice and opportunity for hearing; determination; review
(1) If, after notice and an opportunity for a hearing, the county
committee of the county referred to in subsection (a) of this section
determines that any person knowingly failed to comply with such
subsection, then the quota specified in such subsection shall be
forfeited and shall be reallocated by such county committee to other
active Burley tobacco producers or those intending to become active
Burley tobacco producers as defined by the Secretary, for use in such
county.
(2) Notice of such determination shall be mailed, as soon as
practicable, to such person. If such person is dissatisfied with such
determination, then such person may request, within fifteen days after
notice of such determination is so mailed, a review of such
determination by a local review committee under section 1363 of this
title.
(c) Sale or forfeiture of allotment or quota by subsequent purchaser;
notice and opportunity for hearing; determination; review
(1) Any person who --
(A) acquires any Burley tobacco marketing quota by purchase under
subsection (a) of this section; and
(B) with respect to any crop of Burley tobacco planted after the date
of such acquisition, fails for the five-year period immediately
subsequent to the year of such acquisition to share in the risk of
producing Burley tobacco under such allotment or quota in the manner
specified in paragraph (2) of this subsection;
shall sell such quota before the expiration of the eighteen-month
period beginning on July 1 of the year in which such crop is planted, or
such quota shall be subject to forfeiture under the procedures specified
in paragraph (3) of this subsection.
(2) For purposes of this subsection, a person shall be considered to
have shared in the risk of producing a crop of Burley tobacco if --
(A) the investment of such person in the production of such crop is
not less than 20 per centum of the proceeds of the sale of such crop;
(B) the amount of such person's return on such investment is
dependent solely on the sale price of such crop; and
(C) such person may not receive any of such return before the sale of
such crop.
(3)(A) If, after notice and an opportunity for a hearing, the county
committee of the county referred to in subsection (a) of this section
determines that any person knowingly failed to comply with this
subsection, then the quota specified in this subsection shall be
forfeited and shall be reallocated by such county committee for use by
active Burley tobacco producers or those intending to become active
Burley tobacco producers, as defined by the Secretary, for use in such
county.
(B) Notice of such determination shall be mailed, as soon as
practicable, to such person. If such person is dissatisfied with such
determination, then such person may request, within fifteen days after
notice of such determination is so mailed, a review of such
determination by a local review committee under section 1363 of this
title.
(Feb. 16, 1938, ch. 30, title III, 316B, as added July 20, 1982, Pub.
L. 97-218, title III, 302, 96 Stat. 210, and amended Nov. 29, 1983, Pub.
L. 98-180, title II, 207(b), 97 Stat. 1148.)
The Tobacco Adjustment Act of 1983, referred to in subsec. (a), is
title II of Pub. L. 98-180, Nov. 29, 1983, 97 Stat. 1143. For
amendment of subsec. (a) of this section by section 207(b) of Pub. L.
98-180, see 1983 Amendment note below.
1983 -- Subsec. (a). Pub. L. 98-180 substituted in par. (2) ''does
not use the land on the farm for agricultural purposes, or does not use
its Burley marketing quota for educational, instructional, or
demonstration purposes'' for ''is not significantly involved in the
management or use of land for agricultural purposes'' and in provision
following par. (2) ''1984'' for ''1983'' and inserted in provision
following par. (2) provision permitting any person subject to this
subsection as in effect prior to Nov. 29, 1983, who would be required
to sell or forfeit the marketing quota by Dec. 1, 1983, but would be
eligible to retain the marketing quota under this subsection, as amended
by the Tobacco Adjustment Act of 1983, to elect to sell the marketing
quota if a record of the transfer is filed with the county committee by
Feb. 1, 1984.
07 USC 1314c. Acreage-poundage quotas
TITLE 7 -- AGRICULTURE
(a) Definitions
For purposes of this section --
(1)(A) Except as provided in subparagraph (B), ''national marketing
quota'' for any kind of tobacco for a marketing year means the amount of
the kind of tobacco produced in the United States which the Secretary
estimates will be utilized during the marketing year in the United
States and will be exported during the marketing year, adjusted upward
or downward in such amount as the Secretary, in his discretion,
determines is desirable for the purpose of maintaining an adequate
supply or for effecting an orderly reduction of supplies to the reserve
supply level. Any such downward adjustment shall not exceed 15 per
centum of such estimated utilization and exports.
(B) For the 1986 and each subsequent crop of Flue-cured tobacco,
''national marketing quota'' for a marketing year means the quantity of
Flue-cured tobacco, as determined by the Secretary, that is not more
than 103 percent nor less than 97 percent of the total of --
(i) the aggregate of the quantities of Flue-cured tobacco that
domestic manufacturers of cigarettes estimate the manufacturers intend
to purchase on the United States auction markets or from producers
during the marketing year, as compiled and determined under section
1314g of this title;
(ii) the average annual quantity of Flue-cured tobacco exported from
the United States during the 3 marketing years immediately preceding the
marketing year for which the determination is being made; and
(iii) the quantity, if any, of Flue-cured tobacco that the Secretary,
in the discretion of the Secretary, determines is necessary to increase
or decrease the inventory of the producer-owned cooperative marketing
association that has entered into a loan agreement with the Commodity
Credit Corporation to make price support available to producers of
Flue-cured tobacco to establish or maintain such inventory at the
reserve stock level for Flue-cured tobacco.
(C) Notwithstanding any other provision of law --
(i) the national marketing quota for Flue-cured tobacco for each of
the 1986 through 1989 marketing years for such tobacco shall not be less
than 94 percent of the national marketing quota for such tobacco for the
preceding marketing year; and
(ii) the national marketing quota for Flue-cured tobacco for each of
the 1990 through 1993 marketing years for such tobacco shall not be less
than 90 percent of the national marketing quota for such tobacco for the
preceding marketing year.
(2) ''National average yield goal'' for any kind of tobacco means the
yield per acre which on a national average basis the Secretary
determines will improve or insure the usability of the tobacco and
increase the net return per pound to the growers. In making this
determination the Secretary shall give consideration to such
Federal-State production research data as he deems relevant.
Notwithstanding the preceding sentence, in 1983,, /1/ the national
average yield goal for Flue-cured tobacco shall be adjusted by the
Secretary to the past five years' moving national average yield.
(3) ''National acreage allotment'' means the acreage determined by
dividing the national marketing quota by the national average yield
goal.
(4) ''Farm acreage allotment'' for a tobacco farm, other than a new
tobacco farm, means the acreage allotment determined by adjusting
uniformly the acreage allotment established for such farm for the
immediately preceding year, prior to any increase or decrease in such
allotment due to undermarketings or overmarketings and prior to any
reduction under subsection (f) of this section, so that the total of all
allotments is equal to the national acreage allotment less the reserve
provided in subsection (e) of this section with a further downward or
upward adjustment to reflect any adjustment in the farm marketing quota
for overmarketing or undermarketing and to reflect any reduction
required under subsection (f) of this section, and including any
adjustment for errors or inequities from the reserve. In determining
farm acreage allotments for Flue-cured tobacco for 1965, the 1965 farm
allotment determined under section 1313 of this title shall be adjusted
in lieu of the acreage allotment for the immediately preceding year.
Notwithstanding the preceding provisions of this subsection, in 1983,,
/1/ farm acreage allotments for Flue-cured tobacco for farms in each
county shall be adjusted by the Secretary to reflect the increases or
decreases in the past five years' moving county average yield per acre,
as determined by the Secretary on the basis of actual yields of farms in
the county, or, if such information is not available, on such other data
on yields as the Secretary may deem appropriate.
(5) The ''community average yield'' means for Flue-cured tobacco the
average yield per acre in the community designated by the Secretary as a
local administrative area under the provisions of section 590h(b) of
title 16 which is determined by averaging the yields per acre for the
three highest years of the five years 1959 to 1963, inclusive, except
that if the yield for any of the three highest years is less than 80 per
centum of the average for the three years then that year or years shall
be eliminated and the average of the remaining years shall be the
community average yield. Community average yields for other kinds of
tobacco shall be determined in like manner, except that the five years
1960 to 1964, inclusive, may be used instead of the period 1959 to 1963,
as determined by the Secretary.
(6)(A) ''Preliminary farm yield'' for Flue-cured tobacco means a farm
yield per acre determined by averaging the yield per acre for the three
highest years of the five consecutive crop years beginning with the 1959
crop year except that if that average exceeds 120 per centum of the
community average yield the preliminary farm yield shall be the sum of
50 per centum of the average of the three highest years and 50 per
centum of the national average yield goal but not less than 120 per
centum of the community average yield, and if the average of the three
highest years is less than 80 per centum of the community average yield
the preliminary farm yield shall be 80 per centum of the community
average yield. In counties where less than five hundred acres of
Flue-cured tobacco were allotted for 1964, the county may be considered
as one community. If Flue-cured tobacco was not produced on the farm
for at least three years of the five-year period the average of the
yields for the years in which tobacco was produced shall be used instead
of the three-year average. If no Flue-cured tobacco was produced on the
farm in the five-year period but the farm is eligible for an allotment
because Flue-cured tobacco was considered to have been produced under
applicable provisions of law, a preliminary farm yield for the farm
shall be determined under regulations of the Secretary taking into
account preliminary farm yields of similar farms in the community.
Notwithstanding the preceding provisions of this subsection, in 1983,
preliminary farm yields for Flue-cured tobacco farms in each county
shall be adjusted by the Secretary by the reciprocal of the factor
computed in paragraph (4) of this subsection to adjust farm acreage
allotments to reflect increases or decreases in the past five years'
moving county average yields.
(B) ''Preliminary farm yield'' for kinds of tobacco, other than
Flue-cured, means a farm yield per acre determined in accordance with
subparagraph (A) of this paragraph (6) except that in lieu of the five
consecutive crop years beginning with 1959 the immediately preceding 5
crop years shall be used by the Secretary. In counties where less than
five hundred acres of the kind of tobacco for which the determination is
being made were allotted in the last year of the five-year period the
county may be considered as one community. If tobacco of the kind for
which the determination is being made was not produced on the farm for
at least three years of the five-year period, the average of the yields
for the years in which the kind of tobacco was produced shall be used
instead of the three-year average. If no tobacco of the kind for which
the determination is being made was produced on the farm in the
five-year period but the farm is eligible for an allotment because such
tobacco was considered to have been produced under applicable provisions
of law, a preliminary farm yield for the farm shall be determined under
regulations of the Secretary taking into account preliminary farm yields
of similar farms in the community.
(7) ''Farm yield'' means the yield of tobacco per acre for a farm
determined by multiplying the preliminary farm yield by a national yield
factor which shall be obtained by dividing the national average yield
goal by a weighted national average yield computed by multiplying the
preliminary farm yield for each farm by the acreage allotment determined
pursuant to paragraph (4) for the farm prior to adjustments for
overmarketing, undermarketing, or reductions required under subsection
(f) of this section and dividing the sum of the products by the national
acreage allotment.
(8) ''Farm marketing quota'' for any farm for any marketing year
shall be the number of pounds of tobacco obtained by multiplying the
farm yield by the acreage allotment prior to any adjustment for
undermarketing or overmarketing, increased for undermarketing or
decreased for overmarketing by the number of pounds by which marketings
of tobacco from the farm during the immediately preceding marketing
year, if marketing quotas were in effect under the program established
by this section, is less than or exceeds the farm marketing quota for
such year: Provided, That the farm marketing quota for any marketing
year shall not be increased for undermarketing by an amount in excess of
the number of pounds determined by multiplying the acreage allotment for
the farm for the immediately preceding year prior to any increase or
decrease for undermarketing or overmarketing by the farm yield. If on
account of excess marketings in the preceding marketing year the farm
marketing quota for the marketing year is reduced to zero pounds without
reflecting the entire reduction required, the additional reduction
required shall be made for the subsequent marketing year or years. The
farm marketing quota will be increased or decreased for the second
succeeding marketing year in the case of Maryland tobacco, and for any
other kind of tobacco for which the Secretary determines it is
impracticable because of the lack of adequate marketing data, to make
the increases or decreases applicable to the immediately succeeding
marketing year.
(b) National marketing quota, acreage allotment and average yield
goal for Flue-cured tobacco; referendum
Within thirty days after April 16, 1965 the Secretary pursuant to the
provisions of subsection (a) of this section shall determine and
announce the amount of the national marketing quota for Flue-cured
tobacco for the marketing year beginning July 1, 1965, and the national
acreage allotment and national average yield goal for the 1965 crop of
Flue-cured tobacco, and within thirty days after the announcement of the
amount of such national marketing quota shall conduct a special
referendum of the farmers engaged in the production of Flue-cured
tobacco of the 1964 crop to determine whether they favor or oppose the
establishment of marketing quotas on an acreage-poundage basis as
provided in this section for the marketing years beginning July 1, 1965,
July 1, 1966, and July 1, 1967, in lieu of quotas on an acreage basis in
effect for those marketing years. If the Secretary determines that more
than 66 2/3 per centum of the farmers voting in the special referendum
approve marketing quotas on an acreage-poundage basis, marketing quotas
on an acreage-poundage basis as provided in this section shall be in
effect for those marketing years and the marketing quotas on an acreage
basis shall cease to be in effect at the beginning of such three-year
period.
(c) Tobacco having marketing quotas on acreage basis; determination
of Secretary of program on acreage-poundage basis; announcement of
national marketing quota, acreage allotment and average yield goal;
referendum
Whenever, during the first or second marketing year of the three-year
period for which marketing quotas on an acreage basis are in effect for
any kind of tobacco, including Flue-cured tobacco, the Secretary, in his
discretion, determines with respect to that kind of tobacco that
acreage-poundage quotas under this section would result in a more
effective marketing quota program for that kind of tobacco he shall at
the time /2/ the next announcement of the amount of the national
marketing quota under section 1312(b) of this title determine and
announce the amount of the national quota for that kind of tobacco under
this section and at the same time announce the national acreage
allotment and national average yield goal and within forty-five days
thereafter conduct a special referendum of farmers engaged in the
production of the kind of tobacco of the most recent crop to determine
whether they favor the establishment of marketing quotas on an
acreage-poundage basis as provided in this section for the next three
marketing years: Provided, however, That the Secretary shall not make
any such determination with respect to any kind of tobacco except
Flue-cured tobacco unless prior thereto he shall conduct public hearings
in the areas where such tobacco is produced for the purpose of
ascertaining and taking into consideration the attitudes of producers
and other interested persons with respect to acreage-poundage quotas.
If the Secretary determines that more than 66 2/3 per centum of the
farmers voting in the special referendum approve marketing quotas on an
acreage-poundage basis as provided in this section, quotas on that basis
shall be in effect for the next three marketing years and the marketing
quotas on an acreage basis shall cease to be in effect at the beginning
of such three-year period. If marketing quotas on an acreage-poundage
basis are not approved by more than 66 2/3 per centum of the farmers
voting in such referendum, the marketing quotas on an acreage basis
shall continue in effect as theretofore proclaimed under section 1312(a)
of this title.
(d) Proclamation of national marketing quota for three years
following last year of three years of acreage-poundage quotas;
referendum; notice of farm marketing quota to farm operators
If marketing quotas have been made effective for a kind of tobacco on
an acreage-poundage basis pursuant to subsections (b) or (c) of this
section the Secretary shall, not later than December 15 of any marketing
year with respect to Flue-cured tobacco, and March 1 with respect to
other kinds of tobacco, proclaim a national marketing quota for that
kind of tobacco for the next three succeeding marketing years if the
marketing year is the last year of three consecutive years for which
marketing quotas previously proclaimed will be in effect.
Notwithstanding the foregoing sentence, the proclamation of the national
marketing quota for the 1986 crop of Flue-cured tobacco may be made not
later than December 31, 1985. The Secretary, in his discretion, may
proclaim the quota on an acreage-poundage basis as provided in this
section or on an acreage allotment basis, whichever he determines would
result in a more effective marketing quota for that kind of tobacco, and
shall conduct a referendum in accordance with the provisions of section
1312(c) of this title. Notwithstanding the foregoing sentence or
section 1312(c) of this title, the referendum with respect to national
marketing quotas for Flue-cured tobacco for the 1986 through 1988
marketing years may be conducted not later than the earlier of (1)
thirty days after any proclamation of the national marketing quota for
Flue-cured tobacco for the 1986 marketing year made after January 30,
1986, or (2) March 15, 1986. If the Secretary determines that more than
one-third of the farmers voting oppose the national marketing quotas the
results shall be proclaimed and the national marketing quota so
proclaimed shall not be in effect. If the Secretary proclaims the
quotas on an acreage-poundage basis he shall determine and proclaim at
the same time the national marketing quota, national acreage allotment,
and national average yield goal for the first year of the three years
for which quotas are proclaimed. Notice of the farm marketing quota
which will be in effect for his farm for the first marketing year
covered by the referendum insofar as practicable shall be mailed to the
farm operator prior to the holding of any special referendum under
subsection (b) of this section or a referendum on acreage-poundage
quotas under this subsection, and at least 15 days prior to the holding
of any special referendum under subsection (c) of this section. The
Secretary shall determine and announce the national marketing quota,
national acreage allotment and national average yield goal for the
second and third marketing years of any three-year period for which
national marketing quotas on an acreage-poundage basis are in effect on
or before the December 15 with respect to Flue-cured tobacco and the
March 1 with respect to other kinds of tobacco immediately preceding the
beginning of the marketing year to which they apply. Whenever a
national marketing quota, national acreage allotment, and national
average yield goal are determined and announced, the Secretary shall
provide for the determination of farm acreage allotments and farm
marketing quotas under the provisions of this section for the crop and
marketing year covered by the determinations. Notwithstanding any other
provision of law, for the 1986 marketing year, the Secretary shall
proclaim the national marketing quota for Flue-cured tobacco not later
than 21 days after April 7, 1986. Any proclamation with respect to the
national marketing quota for the 1986 marketing year for Flue-cured
tobacco made by the Secretary prior to April 7, 1986, shall become void
on April 7, 1986.
(e) Nonestablishment of farm acreage allotment or farm yield for
farms without tobacco production for five years; reserve; ''new
farms'' defined; acreage allotment and farm yield basis of new farms
No farm acreage allotment or farm yield shall be established for a
farm on which no tobacco was produced or considered produced under
applicable provisions of law for the immediately preceding five years.
For each marketing year for which acreage-poundage quotas are in effect
under this section the Secretary in his discretion may establish a
reserve from the national acreage allotment in an amount equivalent to
not more than 3 per centum of the national acreage allotment to be
available for making corrections of errors in farm acreage allotments,
adjusting inequities, and for establishing acreage allotments for new
farms, which are farms on which tobacco was not produced or considered
produced during the immediately preceding five years (except that not
less than two-thirds of such reserve shall be for new farms). The part
of the reserve held for apportionment to new farms shall be allotted on
the basis of land, labor, and equipment available for the production of
tobacco, crop rotation practices, soil and other physical factors
affecting the production of tobacco and the past tobacco-producing
experience of the farm operator. The farm yield for any farm for which
a new farm acreage allotment is established shall be determined on the
basis of available productivity data for the land involved and farm
yields for similar farms.
(f) Acreage reduction penalties applicable to acreage-poundage
programs; farm marketing quota reductions; filing false reports;
increases or decreases in acreage allotments and farm yields for other
farms of owner displaced by agency acquisition of farms; leases and
sales of acreage allotments and farm marketing quotas; ratification of
transfers of acreage allotments
Only the provisions of the last two sentences of subsection (g) of
section 1313 of this title shall apply with respect to acreage-poundage
programs established under this section. The acreage reductions
required under the last two sentences shall be in addition to any other
adjustments made pursuant to this section, and when acreage reductions
are made the farm marketing quota shall be reduced to reflect such
reductions. The provisions of the next to the last sentence of such
subsection pertaining to the filing of any false report with respect to
the acreage of tobacco grown on the farm shall also be applicable to the
filing of any false report with respect to the production or marketings
of tobacco grown on a farm for which an acreage allotment and a farm
yield are established as provided in this section. In establishing
acreage allotments and farm yields for other farms owned by the owner
displaced by acquisition of his land by any agency, as provided in
section 1378 of this title, increases or decreases in such acreage
allotments and farm yields as provided in this section shall be made on
account of marketings below or in excess of the farm marketing quota for
the farm acquired by the agency. Acreage allotments and farm marketing
quotas determined under this section may (except in the case of kinds of
tobacco not subject to section 1314b of this title) be leased and sold
under the terms and conditions contained in section 1314b of this title,
except that (1) the adjustment provided for in the last sentence of
subsection (c) of said section shall be based on farm yields rather than
normal yields, and (2) any credit for undermarketing or charge for
overmarketing shall be attributed to the farm to which transferred.
Transfers of acreage allotments for 1965 under section 1314b of this
title on the basis of leases executed prior to the effective date of a
program for the 1965 crop of Flue-cured tobacco under this section may
be approved or ratified by the county committee for the purposes of this
section, but the amount of allotment transferred shall be increased or
decreased in the same proportion that the allotment of the farm from
which it is transferred is increased or decreased under this section.
(g) Marketing penalties
When marketing quotas under this section are in effect, provisions
with respect to penalties for the marketing of excess tobacco and the
other provisions contained in section 1314 of this title shall apply,
except that:
(1) No penalty on excess tobacco shall be due or collected until 103
per centum (120 per centum in the case of Burley tobacco for the first
year for which marketing quotas are made effective under this section)
of the farm marketing quota for a farm has been marketed, but with
respect to each pound of tobacco marketed in excess of such percentage
the full penalty rate shall be due, payable, and collected at the time
of marketing on each pound of tobacco marketed, and any tobacco marketed
in excess of 100 per centum of the farm marketing quota will require a
reduction in subsequent farm marketing quotas in accordance with
subsection (a)(8) of this section: Provided, however, If the Secretary,
in his discretion, determines it is desirable to encourage the marketing
of grade N2 tobacco, or any grade of tobacco not eligible for price
support, in order to meet the normal demands of export and domestic
markets, he may authorize the marketing of such tobacco in a marketing
year without the payment of penalty or deduction from subsequent quotas
to the extent of 5 per centum of the farm marketing quota for the farm
on which the tobacco was produced.
(2) When marketing quotas established under this section are in
effect the provisions with respect to penalties contained in the third
sentence of section 1314(a) of this title shall be revised to read:
''If any producer falsely identifies or fails to account for the
disposition of any tobacco, the Secretary, in lieu of assessing and
collecting penalties based on actual marketings of excess tobacco, may
elect to assess a penalty computed by multiplying the full penalty rate
by an amount of tobacco equal to 25 per centum of the farm marketing
quota plus the farm yield of the number of acres harvested in excess of
the farm acreage allotment and the penalty in respect thereof shall be
paid and remitted by the producer.''
(3) For the first year a marketing quota program established under
the provisions of this section is in effect, the words ''normal
production'' where they appear in the fourth sentence of subsection (a)
of section 1314 of this title shall be read ''farm yield'' and the said
fourth sentence shall otherwise be applicable. For the second and
succeeding years for which a program established under the provisions of
this section is in effect, the provisions of subsection (a)(8) of this
section apply when penalties, if any, on carryover tobacco are computed,
and the provisions contained in the fourth sentence of section 1314(a)
of this title shall not be applicable.
(h) Burley tobacco; acreage-poundage basis: farm acreage allotment
and farm marketing quota, adjustments for overmarketing or
undermarketing, reductions for violations; acreage and quota additional
to national acreage allotment and national marketing quota; acreage
basis: acreage allotment, amendment of clause (1) and proviso of
section 1315
Notwithstanding any other provision of this section, for any year
subsequent to the first year for which marketing quotas are made
effective under this section for Burley tobacco --
(1) the farm acreage allotment for Burley tobacco under this section
shall not be less than the smallest of (A) the acreage allotment
established for the farm for such first year, (B) five-tenths of an
acre, or (C) 10 per centum of the cropland; and
(2) the farm marketing quota for Burley tobacco under this section
shall not be less than the minimum allotment provided by clause (1)
multiplied by the farm yield established for such first year for such
farm.
Farm acreage allotments and marketing quotas to which the provisions
of (1) and (2) are applicable shall be subject to adjustment for
overmarketing or undermarketing or reductions required by subsection (f)
of this section. The additional acreage and quotas required under the
subsection shall be in addition to the national acreage allotment and
national marketing quota.
Whenever the Secretary proclaims a quota on an acreage allotment
basis (in lieu of on an acreage poundage basis) --
(A) the minimum acreage allotment for Burley tobacco for any farm
shall be determined under the provisions of section 1315 of this title
instead of under the preceding provisions of this subsection;
(B) clause (1) of section 1315 of this title shall for such purpose
read as follows: ''(1) the allotment established for the farm for the
last preceding year for which a quota was proclaimed on an acreage
allotment basis''; and
(C) the proviso of section 1315 of this title shall for such purpose
read as follows: ''Provided, however, That no allotment of seven-tenths
of an acre or less shall be reduced more than one-tenth of an acre below
the allotment established for the farm for the last preceding year for
which a quota was proclaimed on an acreage allotment basis''.
(i) Consultations with industry representatives respecting a program
for each kind of tobacco, studies of Flue-cured tobacco acreage-poundage
program, report and recommendations to congressional committees, upon
referendum approval of Flue-cured tobacco acreage-poundage program
If an acreage-poundage program for Flue-cured tobacco is approved by
growers voting in the special referendum under subsection (b) of this
section, the Secretary shall not later than January 1, 1966 --
(1) Consult with representatives of all segments of the tobacco
industry, including growers, State farm organizations, and cooperative
associations, in meetings held for each kind of tobacco, to receive
their recommendations and to determine the need for a similar or
modified program for that kind of tobacco.
(2) Conduct a study and report to the House Committee on Agriculture
and the Senate Committee on Agriculture, Nutrition, and Forestry on
experience with and operation of the program, and make recommendations
for any modifications needed to improve the program, including
alternatives adapted to the different needs of other kinds of tobacco.
(j) Treatment of falsely identified tobacco for purposes of
establishing future farm marketing quotas
Notwithstanding any other provision of this section, if a producer
falsely identifies tobacco as having been produced on or marketed from a
farm, the quantity of tobacco so falsely identified shall be considered
for purposes of establishing future farm marketing quotas, as having
been produced on both the farm for which it was identified as having
been produced and the farm of actual production, if known, or, as the
case may be, shall be considered as actually marketed from the farm.
(k) Forfeiture of allotment and quota
(1) Notwithstanding any other provision of law, any person who, on or
after January 1, 1986, owns a farm for which a Flue-cured tobacco
acreage allotment or marketing quota is established under this chapter
shall, subject to paragraph (2) of this subsection, forfeit such
allotment or quota after February 15 of any year immediately following
the last year of the three-year period immediately preceding the year
for which the determination is being made in which Flue-cured tobacco
has not been planted or considered planted on such farm during at least
two years out of such three-year period.
(2) The allotment or quota specified in paragraph (1) of this
subsection shall be forfeited if, after notice and opportunity for a
hearing, the appropriate county committee determines that the conditions
for forfeiture specified in such paragraph exist. Any allotment or
quota so forfeited shall be reallocated by such county committee for use
by active Flue-cured tobacco prducers (as defined in section 1314b(g)(1)
of this title) in the county involved.
(3) Notice of any determination made by the county committee under
paragraph (2) of this subsection shall be mailed, as soon as
practicable, to the person involved. If such person is dissatisfied
with such determination, such person may request, within fifteen days
after notice of such determination is mailed, a review of such
determination by a local review committee under section 1363 of this
title.
(l) Determination of Flue-cured tobacco planted acreage
The Secretary shall determine the acreage planted to Flue-cured
tobacco on each farm whenever an acreage-poundage program for Flue-cured
tobacco is in effect under this section.
(Feb. 16, 1938, ch. 30, title III, 317, as added Apr. 16, 1965, Pub.
L. 89-12, 1, 79 Stat. 66, and amended June 19, 1970, Pub. L. 91-284, 5,
84 Stat. 314; S. Res. 4, Feb. 4, 1977; July 20, 1982, Pub. L. 97-218,
title II, 203, 205(a), 206(b), 96 Stat. 205-207; Nov. 29, 1983, Pub.
L. 98-180, title II, 205(b), 208-210, 97 Stat. 1147-1149; Dec. 13,
1985, Pub. L. 99-182, 4, 99 Stat. 1173; Jan. 30, 1986, Pub. L. 99-241,
1, 100 Stat. 3; Apr. 7, 1986, Pub. L. 99-272, title I, 1103(b), 1104(
c), 1105(a)(1), 100 Stat. 86, 89, 90; Dec. 22, 1987, Pub. L. 100-203,
title I, 1112(b), 101 Stat. 1330-8; Oct. 30, 1989, Pub. L. 101-134, 2(
a)(2), 103 Stat. 781.)
1989 -- Subsec. (a)(6)(B). Pub. L. 101-134 substituted ''immediately
preceding 5 crop years shall be used by the Secretary'' for ''years 1960
to 1964, inclusive, may be used, as determined by the Secretary''.
1987 -- Subsec. (a)(2), (4), (6)(A). Pub. L. 100-203, which
directed that subsec. (a) ''is amended by striking out 'and at
five-year intervals thereafter' each place it appears in paragraphs (2),
(4), and (6)(A)'' was executed by striking out ''and at five-year
intervals thereafter'' after ''in 1983,'' in pars. (2) and (4), and
after ''in 1983'' in par. (6)(A), as the probable intent of Congress.
1986 -- Subsec. (a)(1). Pub. L. 99-272, 1103(b), designated existing
provisions as subpar. (A), substituted ''Except as provided in
subparagraph (B), 'national marketing quota''' for '''National marketing
quota''', and added subpars. (B) and (C).
Subsec. (d). Pub. L. 99-272, 1104(c), inserted provisions relating to
the proclamation of the national marketing quota for Flue-cured tobacco
not later than 21 days after Apr. 7, 1986, and declaring as void any
quota by proclamation prior to that date.
Pub. L. 99-241 inserted provision that the referendum with respect to
national marketing quotas for Flue-cured tobacco for 1986 through 1988
marketing years may be conducted not later than the earlier of 30 days
after any proclamation of the national marketing quota for Flue-cured
tobacco for the 1986 marketing year made after Jan. 30, 1986, or Mar.
15, 1986.
Subsec. (g)(1). Pub. L. 99-272, 1105(a)(1), substituted ''103 per
centum'' for ''110 per centum''.
1985 -- Subsec. (d). Pub. L. 99-182 inserted ''Notwithstanding the
foregoing sentence, the proclamation of the national marketing quota for
the 1986 crop of Flue-cured tobacco may be made not later than December
31, 1985.''
1983 -- Subsec. (d). Pub. L. 98-180, 208, substituted ''December
15'' for ''December 1'' and ''March 1'' for ''February 1'' wherever
appearing.
Subsec. (e). Pub. L. 98-180, 209, substituted ''3 per centum'' for
''1 per centum'' and ''five years (except that not less than two-thirds
of such reserve shall be for new farms)'' for ''five years'' and struck
out '', and shall not exceed the community average yield'' after
''similar farms''.
Subsec. (k). Pub. L. 98-180, 205(b), added subsec. (k).
Subsec. (l). Pub. L. 98-180, 210, added subsec. (l).
1982 -- Subsec. (a)(2). Pub. L. 97-218, 203(1), inserted provision
that notwithstanding the preceding sentence of this subsection, during
1983 and at five-year intervals thereafter, the national average yield
goal for Flue-cured tobacco shall be adjusted by the Secretary to the
past five years' moving national average yield.
Subsec. (a)(4). Pub. L. 97-218, 203(2), inserted provision that
notwithstanding the preceding provisions of subsec. (a), in 1983, and
at five-year intervals thereafter, farm acreage allotments for
Flue-cured tobacco for farms in each county shall be adjusted by the
Secretary to reflect the increases or decreases in the past five years'
moving county average yield per acre, as determined by the Secretary on
the basis of actual yields of farms in the county or, if not available,
on such other data on yields as the Secretary may deem appropriate.
Subsec. (a)(6)(A). Pub. L. 97-218, 203(3), inserted provision that
notwithstanding the preceding provisions of this subsection, in 1983 and
at five-year intervals thereafter, preliminary farm yields for
Flue-cured tobacco farms in each county shall be adjusted by the
Secretary by the reciprocal of the factor computed in subsec. (a)(4) to
adjust farm acreage allotments to reflect increases or decreases in the
past five years' moving county average yields.
Subsec. (f). Pub. L. 97-218, 205(a), substituted ''be leased and sold
under the terms and conditions'' for ''be leased under the terms and
conditions'' in fifth sentence.
Subsec. (j). Pub. L. 97-218, 206(b), added subsec. (j).
1970 -- Subsec. (f). Pub. L. 91-284 struck out ''Burley tobacco or
other'' before ''kinds of tobacco'' in fifth sentence.
The Committee on Agriculture and Forestry of the Senate, referred to
in subsec. (i), was abolished and replaced by the Committee on
Agriculture, Nutrition, and Forestry of the Senate, effective Feb. 11,
1977. See Rule XXV of the Standing Rules of the Senate, as amended by
Senate Resolution 4 (popularly cited as the ''Committee System
Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Section 1105(a) of Pub. L. 99-272 provided that the amendment made
by that section is effective for 1986 and subsequent crops of tobacco.
Section 205(b) of Pub. L. 98-180 provided that the amendment made by
that section is effective for 1984 and subsequent crops of tobacco.
Amendment by Pub. L. 97-218 effective July 20, 1982, but not to
apply to any lease of a Flue-cured tobacco acreage allotment or
marketing quota entered into under the Agricultural Adjustment Act of
1938 (7 U.S.C. 1281 et seq.) before that date, see section 207 of Pub.
L. 97-218, set out as a note under section 1314b of this title.
Secretary of Agriculture to implement amendments by Pub. L. 99-272
without regard to provisions requiring notice and other procedures for
public participation in rulemaking contained in section 553 of Title 5,
Government Organization and Employees, or in any other directive of the
Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note
under section 1301 of this title.
Section 4 of Pub. L. 89-12 provided that: ''Nothing in this Act
(enacting this section and amending sections 1313 and 1445 of this
title) shall be construed as affecting the authority or responsibility
of the Secretary of Agriculture under section 301(b)(15) (section 1301(
b)(15) of this title) or section 313(i) (section 1313(i) of this title)
of the Agricultural Adjustment Act of 1938 with respect to providing
that different types of tobacco shall be treated as different kinds of
tobacco, or with respect to increasing allotments or quotas for farms
producing certain types of tobacco.''
/1/ So in original.
/2/ So in the original.
07 USC 1314d. Fire-cured, dark air-cured, and Virginia sun-cured
tobacco
TITLE 7 -- AGRICULTURE
(a) Sale or lease of acreage allotments and acreage-poundage quotas
Notwithstanding any other provision of law, the Secretary, if he
determines that it will not impair the effective operation of the
tobacco marketing quota or price support programs, (1) may permit the
owner and operator of any farm for which a Fire-cured, dark air-cured,
or Virginia sun-cured tobacco acreage allotment or acreage-poundage
quota is established under this chapter to sell or lease all or any part
or the right to all or any part of such allotment or quota to any other
owner or operator of a farm for transfer to such farm; and (2) may
permit the owner of a farm to transfer all or any part of such allotment
or quota to any other farm owned or controlled by him.
(b) Conditions for transfers
Transfers under this section shall be subject to the following
conditions: (1) except as provided in section 1379(b) of this title, no
allotment or quota shall be transferred to a farm in another county:
Provided, That in the case of Virginia fire-cured tobacco type 21 and
Virginia sun-cured tobacco type 37, any such transfer may be made to a
farm in another county in the same State; (2) no transfer other than by
annual lease of an allotment or quota from a farm subject to a mortgage
or other lien shall be permitted unless the transfer is agreed to by the
lienholders; (3) no sale of a farm allotment or quota from a farm shall
be permitted if any sale of allotment or quota to the same farm has been
made within the three immediately preceding crop years; and (4) no
transfer of allotment or quota shall be effective until a record thereof
is filed with the county committee of the county to which such transfer
is made and such committee determines that the transfer complies with
the provisions of this section.
(c) Transfer of acreage history and marketing quota
The transfer of an allotment or quota under this section shall have
the effect of transferring also the acreage history and marketing quota
attributable to such allotment or quota and if the transfer is made
prior to the determination of the allotment or quota for any year the
transfer shall include the right of the owner or operator to have an
allotment or quota determined for the farm for such year: Provided,
That in the case of a transfer by lease the amount of the allotment or
quota shall be considered for purposes of determining allotments or
quotas after the expiration of the lease to have been planted on the
farm from which such allotment is transferred.
(d) Five-year restriction on new farm allotments or quotas
The land in the farm from which the entire tobacco allotment or quota
has been transferred shall not be eligible for a new farm tobacco
allotment or quota during the five years following the year in which
such transfer is made.
(e) Allotment adjustment
If the normal yield established by the county committee for the farm
to which the allotment is transferred does not exceed the normal yield
established by the county committee for the farm from which the
allotment is transferred by more than 10 per centum, the transfer shall
be approved acre for acre. If the normal yield for the farm to which
the allotment is transferred exceeds the normal yield for the farm from
which the allotment is transferred by more than 10 per centum, the
county committee shall make a downward adjustment in the amount of the
acreage allotment transferred by multiplying the normal yield
established for the farm from which the allotment is transferred by the
acreage being transferred and dividing the result by the normal yield
established for the farm to which the allotment is transferred.
(f) Lease term
Any lease under this section may be made for such term of years not
to exceed five as the parties thereto agree, and on such other terms and
conditions except as otherwise provided in this section as the parties
thereto agree.
(g) Acreage transfer maximums
Under the provisions of this section not more than ten acres of
allotment may be transferred to any farm: Provided, That the total
acreage allotted to any farm after such transfer shall not exceed 50 per
centum of the acreage of cropland in the farm.
(h) Future allotments; referendum voting eligibility
The lease of any part of a tobacco acreage allotment or
acreage-poundage quota under this section determined for a farm shall
not affect the allotment or quota for the farm from which such allotment
or quota is transferred or the farm to which it is transferred, except
with respect to the crop year or years specified in the lease. The
amount of the acreage allotment and acreage-poundage quota which is
leased from a farm shall be considered for purposes of determining
future allotments and quotas to have been planted to tobacco on the farm
from which such allotment or quota is leased and the production pursuant
to the lease shall not be taken into account in establishing allotments
or quotas for subsequent years for the farm to which such allotment is
leased. The lessor shall be considered to have been engaged in the
production of tobacco for purposes of eligibility to vote in the
referendum.
(i) Land utilization agreements; payment adjustments
If the sale or transfer under this section occurs during a period in
which the farm is covered, by a conservation reserve contract, cropland
conversion agreement, or other similar land utilization agreement the
rates of payment provided for in the contract or agreement of the farm
from which the transfer is made shall be subject to an appropriate
adjustment, but no adjustment shall be made in the contract or agreement
of the farm to which the transfer is made.
(j) Rules and regulations
The Secretary shall prescribed such regulations and other terms and
conditions as he deems necessary for the administration of this section.
(Feb. 16, 1938, ch. 30, title III, 318, as added July 7, 1967, Pub.
L. 90-51, 1, 81 Stat. 120, and amended July 5, 1968, Pub. L. 90-387, 82
Stat. 293; Oct. 23, 1971, Pub. L. 92-144, 85 Stat. 393; Nov. 29, 1983,
Pub. L. 98-180, title II, 212(a), 97 Stat. 1149.)
1983 -- Subsec. (b). Pub. L. 98-180 inserted ''except as provided in
section 1379(b) of this title,'' after ''(1)''.
1971 -- Subsec. (b)(1). Pub. L. 92-144 inserted proviso referring to
Virginia fire-cured tobacco type 21 and Virginia sun-cured tobacco type
37.
1968 -- Subsec. (b)(2). Pub. L. 90-387 inserted ''other than by
annual lease'' after ''no transfer''.
07 USC 1314e. Farm poundage quotas for certain kinds of tobacco
TITLE 7 -- AGRICULTURE
(a) Proclamations and referenda regarding burley tobacco
Notwithstanding any other provision of law, the Secretary shall,
within thirty days following April 14, 1971, proclaim national marketing
quotas for burley tobacco for the three marketing years beginning
October 1, 1971, and determine and announce the amount of the marketing
quota for burley tobacco for the marketing year beginning October 1,
1971, as provided in this section.
Within thirty days following such proclamation, the Secretary shall
conduct a referendum of the farmers engaged in the production of the
1970 crop of burley tobacco to determine whether they favor or oppose
the establishment of farm marketing quotas on a poundage basis as
provided in this section for the three marketing years beginning October
1, 1971. If the Secretary determines that two-thirds or more of the
farmers voting in such referendum approve marketing quotas on a poundage
basis, marketing quotas as provided in this section shall be in effect
for those three marketing years. If marketing quotas on a poundage
basis are not approved by at least two-thirds of the farmers voting in
such referendum, no marketing quotas or price support for burley tobacco
shall be in effect for the marketing year beginning October 1, 1971.
Thereafter, the provisions of section 1312 of this title shall apply:
Provided, That national marketing quotas for burley tobacco for any
marketing year subsequent to the marketing year beginning October 1,
1971, shall be proclaimed as provided in this section.
The Secretary shall determine and announce, not later than the
February 1 preceding the second and third marketing years of any
three-year period for which marketing quotas on a poundage basis are in
effect for burley tobacco under this section, the amount of the national
marketing quota for each of such years. If marketing quotas have been
made effective on a poundage basis for burley tobacco under this
section, the Secretary shall, not later than February 1 of the last year
of three consecutive marketing years for which marketing quotas are in
effect for burley tobacco under this section, proclaim national
marketing quotas for burley tobacco for the next three succeeding
marketing years as provided in this section. Notwithstanding the
foregoing sentence, the proclamation of national marketing quotas for
Burley tobacco for the 1986 through 1988 marketing years may be made not
later than March 1, 1986. Within thirty days following such
proclamation, the Secretary shall conduct a referendum in accordance
with section 1312(c) of this title. If the Secretary determines that
more than one-third of the farmers voting oppose the national marketing
quotas, he shall announce the results and no marketing quotas or price
support shall be in effect for burley tobacco for the first marketing
year of such three-year period. Thereafter, the provisions of section
1312 of this title shall apply: Provided, That the national marketing
quota and farm marketing quotas shall be determined for burley tobacco
as provided in this section. Notice of the farm marketing quota which
will be in effect for his farm for the first marketing year covered by
any referendum under this section shall, insofar as practicable, be
mailed to the farm operator in sufficient time to be received prior to
the referendum. Notwithstanding any other provision of law, for the 1986
marketing year, the Secretary shall proclaim the national marketing
quota for Burley tobacco not later than 21 days after April 7, 1986, or
February 1, 1986, whichever is later. Any proclamation with respect to
the national marketing quota for the 1986 marketing year for Burley
tobacco made by the Secretary prior to April 7, 1986, shall become void
on April 7, 1986.
(b) Proclamations and referenda regarding dark air-cured tobacco and
types 22 and 23 fire-cured tobacco
Notwithstanding any other provision of law, the Secretary shall, not
later than February 1, 1983, proclaim national marketing quotas for dark
air-cured tobacco and for fire-cured tobacco, types 22 and 23
(hereinafter in this section referred to as ''fire-cured tobacco'') for
the three marketing years beginning October 1, 1983, and determine and
announce the amount of the marketing quota for dark air-cured and for
fire-cured tobacco for the marketing year beginning October 1, 1983, as
provided in this section. Within thirty days following such
proclamation, the Secretary shall conduct a referendum of the farmers
engaged in the production of the 1982 crop of each of such kinds of
tobacco to determine whether they favor or oppose the establishment of
farm marketing quotas on a poundage basis for such kind of tobacco as
provided in this section for the three marketing years beginning October
1, 1983, in lieu of quotas on an acreage basis in effect for the two
marketing years beginning October 1, 1983. If the Secretary determines
that one-half or more of the farmers voting in such referendum approve
marketing quotas on a poundage basis for such kind of tobacco, then
marketing quotas as provided in this section shall be in effect for such
kind of tobacco for the three marketing years beginning October 1, 1983,
and marketing quotas on an acreage basis shall cease to be in effect for
such kind of tobacco for the two marketing years beginning on October 1,
1983. If marketing quotas on a poundage basis are not approved for such
kind of tobacco by at least one-half of the farmers voting in such
referendum, then quotas on an acreage basis shall be in effect for such
kind of tobacco for the two marketing years beginning October 1, 1983.
If marketing quotas on an acreage basis are in effect for any such
kind of tobacco, if, for a period of not less than three marketing
years, a referendum has not been held under this section to determine
whether producers of such kind of tobacco favor marketing quotas on a
poundage basis for such kind of tobacco, and if the Secretary, after
conducting public hearings in the area in which such kind of tobacco is
produced, ascertains that producers and other interested persons favor
marketing quotas on a poundage basis for such kind of tobacco, then the
Secretary shall, at the time of the next announcement of the amount of
the national marketing quota, announce national marketing quotas for the
next three succeeding marketing years under this section. Within thirty
days of such proclamation, the Secretary shall conduct a referendum of
farmers engaged in the production of the most recent crop of such kind
of tobacco to determine whether they favor the establishment of
marketing quotas on a poundage basis for such kind of tobacco as
provided in this section for the next three succeeding marketing years.
If the Secretary determines that more than one-half of the farmers
voting in such referendum approve marketing quotas on a poundage basis
under this section, then quotas on that basis shall be in effect for the
next three succeeding marketing years and the marketing quotas on an
acreage basis shall cease to be in effect at the beginning of such
three-year period. If marketing quotas on a poundage basis are not
approved by more than one-half of the farmers voting in such referendum,
then the marketing quotas on an acreage basis shall continue in effect
as theretofore proclaimed under this chapter.
The Secretary shall determine and announce, not later than the March
1 preceding the second and third marketing years of any three-year
period for which marketing quotas on a poundage basis are in effect for
any such kind of tobacco under this section, the amount of the national
marketing quota for such kind of tobacco for each of such years. If
marketing quotas on a poundage basis have been made effective for such
kind of tobacco under this section, then the Secretary shall, not later
than March 1 of the last of three consecutive marketing years for which
marketing quotas are in effect for such kind of tobacco under this
section, proclaim a national marketing quota for such kind of tobacco
for the next three succeeding marketing years as provided in this
section. The Secretary shall conduct extensive hearings in the area in
which such kind of tobacco is produced to ascertain whether producers
favor marketing quotas on an acreage basis or on a poundage basis and
shall proclaim the quota on the basis he determines most producers of
such kind of tobacco favor. Within thirty days following such
proclamation, the Secretary shall conduct a referendum in accordance
with section 1312(c) of this title. If more than one-half of the
farmers voting in such referendum oppose the national marketing quotas,
then the Secretary shall announce the results and no marketing quotas or
price support shall be in effect for such kind of tobacco and the
national marketing quota so proclaimed shall not be in effect for the
next three succeeding marketing years. Thereafter the provisions of
section 1312 of this title shall apply: Provided, That the national
marketing quota and farm marketing quotas for such kind of tobacco shall
be determined for such kind of tobacco as provided in this section.
(c) Amount of national marketing quota, determination; national
reserve, establishment
(1) Except as provided in paragraph (3), the national marketing quota
determined under this section for any kind of tobacco for which poundage
quotas may be established for any marketing year shall be the amount of
such kind of tobacco produced in the United States which the Secretary
estimates will be utilized in the United States and will be exported
during such marketing year, adjusted upward or downward in such amount
as the Secretary, in his discretion, determines is desirable for the
purpose of maintaining an adequate supply or for effecting an orderly
reduction of supplies to the reserve supply level.
(2) For each marketing year for which marketing quotas are in effect
for a kind of tobacco under this section, the Secretary in his
discretion may establish a reserve with respect to such kind of tobacco
(hereinafter referred to as the ''national reserve'') from the national
marketing quota for such kind of tobacco in an amount not in excess of 1
per centum of such national marketing quota to be available for making
corrections and adjusting inequities in farm marketing quotas, and for
establishing marketing quotas for new farms (that is, farms for which
farm marketing quotas are not otherwise established).
(3)(A) For the 1986 and each subsequent crop of Burley tobacco, the
national marketing quota for any marketing year shall be the quantity of
Burley tobacco, as determined by the Secretary, that is not more than
103 percent nor less than 97 percent of the total of --
(i) the aggregate of the quantities of Burley tobacco that domestic
manufacturers of cigarettes estimate the manufacturers intend to
purchase on the United States auction markets or from producers during
the marketing year, as compiled and determined under section 1314g of
this title;
(ii) the average annual quantity of Burley tobacco exported from the
United States during the 3 marketing years immediately preceding the
marketing year for which the determination is being made; and
(iii) the quantity, if any, of Burley tobacco that the Secretary, in
the discretion of the Secretary, determines is necessary to increase or
decrease the inventories of the producer-owned cooperative marketing
associations that have entered into loan agreements with the Commodity
Credit Corporation to make price support available to producers of
Burley tobacco to establish or maintain such inventories, in the
aggregate, at the reserve stock level for Burley tobacco.
(B) In determining the quantity of Burley tobacco necessary to
establish or maintain the inventories of the producer associations at
the reserve stock level under subparagraph (A)(iii) --
(i) the Secretary shall provide for initially attaining the reserve
stock level over a period of 5 years; and
(ii) any downward adjustment in such inventories of Burley tobacco
may not exceed the greater of --
(I) 35,000,000 pounds; or
(II) 50 percent of the quantity by which --
(aa) the total inventories of Burley tobacco of the producer-owned
cooperative marketing associations that have entered into loan
agreements with the Commodity Credit Corporation to make price support
available to producers of Burley tobacco; exceed
(bb) the reserve stock level for Burley tobacco.
(C) Notwithstanding any other provision of law --
(i) the national marketing quota for Burley tobacco for each of the
1986 through 1989 marketing years for such tobacco shall not be less
than 94 percent of the national marketing quota for such tobacco for the
preceding marketing year; and
(ii) the national marketing quota for Burley tobacco for each of the
1990 through 1993 marketing years for such tobacco shall not be less
than 90 percent of the national marketing quota for such tobacco for the
preceding marketing year.
(d) Farm yields; determination; limitation
When a national marketing quota is first proclaimed for a kind of
tobacco under this section, the Secretary shall through local committees
determine a farm yield for each farm for which an acreage allotment for
such kind of tobacco was established for the marketing year beginning
October 1, 1970, in the case of burley tobacco, and for the previous
marketing year, in the case of dark air-cured tobacco and fire-cured
tobacco. Such yield shall be determined by averaging the yield per acre
for the four highest years of the five consecutive years beginning with
the 1966 crop year, in the case of burley tobacco, and the immediately
preceding 5 crop years, in the case of dark air-cured tobacco and
fire-cured tobacco: Provided, That if the kind of tobacco involved was
produced on the farm in fewer than five of such years, the farm yield
shall be the simple average of the yields obtained in the years during
such period that such kind of tobacco was produced on the farm:
Provided further, That if no such kind of tobacco was produced on the
farm but the farm was considered as having planted such kind of tobacco
during the immediately preceding five years, the farm yield will be
appraised on the basis of the yields established for similar farms in
the area on which such kind of tobacco was produced during such
five-year period: And provided further, That the farm yield established
for any farm shall not exceed three thousand five hundred pounds per
acre, in the case of burley tobacco, and three thousand pounds per acre,
in the case of dark air-cured tobacco and fire-cured tobacco: And
provided further, That, when a marketing quota program for dark
air-cured tobacco or for fire-cured tobacco is first established under
this section, farm yields so determined with respect to dark air-cured
tobacco or fire-cured tobacco, as the case may be, shall be adjusted
proportionately so that the weighted average of such farm yields is
equal to the national average yield goal for dark air-cured tobacco or
fire-cured tobacco, as the case may be.
(e) Farm marketing quotas; preliminary quotas, determination,
limitation; succeeding years, quota computation, limitations, increase
and reduction of quotas; new farms, limitation
A preliminary farm marketing quota shall be determined for each farm
for which a burley tobacco acreage allotment was established for the
marketing year beginning October 1, 1970, by multiplying the farm yield
determined under subsection (d) of this section by the farm acreage
allotment (prior to any reduction for violation of regulations issued
pursuant to the chapter) established for such farm for the marketing
year beginning October 1, 1970. A preliminary farm marketing quota
shall be determined for each farm for which a dark air-cured tobacco or
fire-cured tobacco acreage allotment was established for the previous
marketing year, by multiplying the farm yield determined under such
subsection by the farm acreage allotment (prior to any such reduction)
established for such farm for the previous marketing year. For each
farm for which such a preliminary farm marketing quota is determined, a
farm marketing quota for the first year shall be determined by
multiplying the preliminary farm marketing quota by a national factor
obtained by dividing the national marketing quota determined under
subsection (c) of this section (less the national reserve) by the sum of
all preliminary farm marketing quotas as determined under this
subsection: Provided, That such national factor shall not be less than
95 per centum.
The farm marketing quota for each succeeding year shall be determined
by multiplying the previous year's farm marketing quota by a national
factor obtained by dividing the national marketing quota determined
under subsection (c) of this section (less the national reserve) by the
sum of the farm marketing quotas for the immediately preceding year for
all farms for which marketing quotas for the kind of tobacco involved
will be determined for such succeeding marketing year: Provided, That,
except in the case of Burley tobacco, such national factor shall not be
less than 90 per centum: Provided further, That for the marketing years
beginning October 1, 1972, and October 1, 1973, the farm marketing quota
for any farm shall not be less than the smaller of (1) one-half acre
times the farm yield times one-half the sum of the figure one and the
national factor for the current year, or (2) the farm marketing quota
for the immediately preceding marketing year times one-half the sum of
the figure one and the national factor for the current year. The farm
marketing quota so computed for any farm for any year shall be increased
by the number of pounds by which marketings from the farm during the
immediately preceding year were less than the farm marketing quota
(after adjustments): Provided, That any such increase shall not exceed
the amount of the farm marketing quota (including leased pounds) for the
immediately preceding marketing year prior to any increase for
undermarketings or decrease for overmarketings. The farm marketing
quota so computed for each farm for any year shall be reduced by the
number of pounds by which marketing from the farm during the immediately
preceding year exceeded the farm marketing quota (after adjustments):
Provided, That if, on account of excess marketings in the preceding
year, the farm marketing quota is reduced to zero pounds without
reflecting the entire reduction required, the additional reduction
required shall be made in subsequent marketing years.
The farm marketing quota for a new farm shall be the number of pounds
determined by the county committee with approval of the State committee
to be fair and reasonable for the farm on the basis of the past
experience of the farm operator with respect to the kind of tobacco
involved: the land, labor, and equipment available for the production
of such kind of tobacco; crop rotation practices, and the soil and
other physical factors affecting the production of such kind of tobacco:
Provided, That the farm marketing quota for any such new farm shall not
exceed 50 per centum of the average of the farm marketing quotas for
similar farms for which farm marketing quotas are otherwise established:
Provided further, That the number of pounds allocated to all new farms
shall not exceed that portion of the national reserve provided by the
Secretary for establishing quotas for new farms.
(f) Reductions for false information
When a poundage program is in effect for any kind of tobacco under
this section, the farm marketing quota next established for any farm
shall be reduced by the amount of such kind of tobacco produced on any
farm (1) which is marketed as having been produced on a different farm;
(2) for which proof of disposition is not furnished as required by the
Secretary; and (3) as to which any producer on the farm files, or aids
or acquiesces in the filing of, any false report with respect to the
production or marketings of tobacco: Provided, That if the Secretary
through the local committee finds that no person connected with such
farm caused, aided, or acquiesced in any such irregularity, the next
established farm marketing quota shall not be reduced under this
subsection. The reductions required under this subsection shall be in
addition to any other adjustments made pursuant to this section.
(g) Leases and transfers of farm quotas; limitations
(1) When a poundage program is in effect for any kind of tobacco
under this section, farm marketing quotas (after adjustments) for such
kind of tobacco may be leased and transferred to other farms in the same
county under the terms and conditions contained in section 1314d of this
title: Provided, That such leases and transfers shall be on a pound for
pound basis: Provided further, That any adjustment for undermarketings
or overmarketings shall be attributed to the farm to which leased and
transferred: Provided further, That not more than thirty thousand
pounds of Burley tobacco quota may be leased and transferred to any farm
under this section: Proivded further, That a lease and transfer of
Burley tobacco quota shall not be effective for any crop year unless a
record of the transfer is filed with the county committee not later than
July 1 of that crop year or, if such record of the transfer is filed
with the county committee after July 1, the county committee determines
with the concurrence of the State committee that all interested parties
agreed to such lease and transfer before July 1 and that the failure to
file such record of the transfer did not result from gross negligence on
the part of any party to such lease and transfer: And provided further,
That the marketing quota determined for any farm subsequent to such
lease and transfer shall not exceed an amount determined by multiplying
the farm yield established under subsection (d) of this section by 50
per centum of the acreage of cropland in the farm.
(2) Effective for the 1991 and subsequent crop years, the Secretary
may, during any one year, and subject to such rules as the Secretary
deems appropriate, permit the sale of a burley tobacco quota from one
farm to another farm in the same county if the buyer, who is an active
burley tobacco producer, is not buying an amount larger than 30 percent
of the existing quota for the buyer's farm, or 20,000 pounds whichever
is greater. For purposes of this subsection, the term ''active burley
tobacco producer'' means any person who shared in the risk of producing
a crop of burley tobacco in not less than one of the three years
preceding the year involved, or any person who certified to the
Secretary, in such form and manner as the Secretary shall by regulation
prescribe, their intent to become an active burley tobacco producer. A
person shall be considered to have shared in the risk of producing a
crop of burley tobacco if --
(A) the investment of such person in the production of such crop is
not less than 20 percent of the proceeds of the sale of such crop;
(B) the investment of such person's return on such investment is
dependent solely on the sale price of such crop; and
(C) such person may not receive any of such return before the sale of
such crop.
(3) No sale of burley tobacco quota from a farm shall be permitted,
under paragraph (2), if any sale of quota to the same farm has been made
within the three immediately preceding crop years. A sale of burley
tobacco quota shall not be effective for a crop year unless a record of
the sale is filed with the county committee not later than July 1 of the
crop year. The marketing quota determined for any farm subsequent to
such sale shall not exceed an amount determined by multiplying the farm
yield established under subsection (d) of this section by 50 percent of
the acreage of cropland in the farm.
(h) Loss of quotas through underplanting
Effective with the marketing year beginning October 1, 1994, no
marketing quota, other than a new farm marketing quota, shall be
established for a farm on which no burley tobacco was planted or
considered planted in any two of the three years immediately preceding
the year for which farm marketing quotas are being established.
(i) Marketing penalties
When marketing quotas under this section are in effect, provisions
with respect to penalties for the marketing of excess tobacco and the
other provisions contained in section 1314 of this title shall apply,
except that:
(1) No penalty on excess tobacco shall be due or collected until 103
per centum of the farm marketing quota (after adjustments) for a farm
has been marketed, but with respect to each pound of tobacco marketed in
excess of such percentage the full penalty rate shall be due, payable,
and collected at the time of marketing on each pound of tobacco
marketed, and any tobacco marketed in excess of 100 per centum of the
farm marketing quota (after adjustments) will require a reduction in
subsequent farm marketing quotas in accordance with subsection (e) of
this section: Provided, That if the Secretary, in his discretion,
determines it is desirable to encourage additional marketings of any
grades of the kind of tobacco involved during any marketing year to
insure traditional market patterns to meet the normal demands of export
and domestic markets, he may authorize the marketing of such grades
without the payment of penalty or deduction from subsequent quotas to
the extent of 5 per centum of the farm marketing quota for the farm on
which the tobacco was produced, and such marketings shall be eligible
for price support.
(2) The provisions with respect to penalties contained in the third
sentence of section 1314(a) of this title shall be revised to read:
''If any producer falsely identifies or fails to account for the
disposition of any tobacco, the Secretary, in lieu of assessing and
collecting penalties based on actual marketings of excess tobacco, may
elect to assess a penalty computed by multiplying the full penalty rate
by an amount of tobacco equal to 25 per centum of the farm marketing
quota (after adjustments) and the penalty in respect thereof shall be
paid and remitted by the producer.''
(3) The provisions contained in the fourth sentence of section 1314(
a) of this title shall not be applicable. For the first year a
marketing quota program established under the provisions of this section
is in effect with respect to burley tobacco, the farm marketing quota
determined under the provisions of subsection (e) of this section shall
receive a temporary upward adjustment equal to the amount of carryover
penalty-free burley tobacco for the farm. For subsequent years, the
provisions of subsection (c) of this section shall apply.
(j) Regulations
The Secretary shall prescribe such regulations as he considers
necessary for carrying out the provisions of this section.
(k) Lease and transfer of burley tobacco quota assigned
(1) Notwithstanding any other provision of this section, the
Secretary may permit, after July 1 of any crop year, the lease and
transfer of burley tobacco quota assigned to a farm if --
(A) the planted acreage of burley tobacco on the farm to which the
quota is assigned is determined by the Secretary to be sufficient to
produce the effective farm marketing quota under average conditions;
and
(B) the farm's expected production of burley tobacco is less than 80
percent of the farm's effective marketing quota as a result of a natural
disaster condition.
(2) Any lease and transfer of quota under this subsection may be made
to any other farm within the same State in accordance with regulations
issued by the Secretary.
(l) Lease and transfer of burley tobacco quotas in Tennessee and
Virginia
Notwithstanding any other provision of this section, the Secretary
may permit the lease and transfer of a burley tobacco quota from one
farm in a State to any other farm in the State if a majority of active
burley tobacco producers within the State approve such lease and
transfer by a state-wide referendum to be conducted by the Secretary.
This subsection shall apply only to the States of Tennessee and
Virginia.
(Feb. 16, 1938, ch. 30, title III, 319, as added Apr. 14, 1971, Pub.
L. 92-10, 1, 85 Stat. 23, and amended July 20, 1982, Pub. L. 97-218,
title III, 303(b)-(j), 96 Stat. 211-214; July 25, 1983, Pub. L. 98-59,
2, 97 Stat. 296; Nov. 29, 1983, Pub. L. 98-180, title II, 211, 97 Stat.
1149; Jan. 30, 1986, Pub. L. 99-241, 2, 100 Stat. 3; Apr. 7, 1986,
Pub. L. 99-272, title I, 1103(c), 1104(b), (d), 1105( a)(2), 1107, 100
Stat. 86, 89-91; Aug. 11, 1988, Pub. L. 100-387, title III, 304(a)(1),
102 Stat. 948; Oct. 30, 1989, Pub. L. 101-134, 2(a)(1), 103 Stat. 781;
Nov. 15, 1990, Pub. L. 101-577, 2(a), (b), (d), (e), 104 Stat. 2856,
2857; Dec. 13, 1991, Pub. L. 102-237, title I, 116(1), 105 Stat. 1840.)
The chapter, referred to in subsec. (e), was in the original ''the
Act'' meaning act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended,
known as the Agricultural Adjustment Act of 1938, which is classified
principally to this chapter ( 1281 et seq.).
1991 -- Subsec. (l). Pub. L. 102-237 inserted ''in a State'' after
''one farm'', struck out ''of Tennessee'' after ''in the State'', and
inserted at end ''This subsection shall apply only to the States of
Tennessee and Virginia.''
1990 -- Subsec. (g). Pub. L. 101-577, 2(a), designated existing
provisions as par. (1) and added pars. (2) and (3).
Pub. L. 101-577, 2(d), substituted ''thirty thousand pounds'' for
''fifteen thousand pounds''.
Subsec. (h). Pub. L. 101-577, 2(b), substituted ''1994'' for ''1976''
and ''two of the three'' for ''of the five''.
Subsec. (l). Pub. L. 101-577, 2(e), added subsec. (l).
1989 -- Subsec. (d). Pub. L. 101-134, 2(a)(1)(A), substituted ''for
the previous marketing year'' for ''October 1, 1982'' and ''immediately
preceding 5 crop years'' for ''1978 crop year''.
Subsec. (e). Pub. L. 101-134, 2(a)(1)(B), substituted ''previous
marketing year'' for ''October 1, 1982'' wherever appearing in second
sentence.
1988 -- Subsec. (k). Pub. L. 100-387 added subsec. (k).
1986 -- Subsec. (a). Pub. L. 99-272, 1104(d), inserted provisions in
third par. relating to the proclamation of the national marketing quota
for Burley tobacco not later than 21 days after Apr. 7, 1986, or Feb.
1, 1986, whichever is later, and declaring as void any quota by
proclamation prior to that date.
Pub. L. 99-241 inserted in third par. provision that the
proclamation of national marketing quotas for Burley tobacco for the
1986 through 1988 marketing years may be made not later than Mar. 1,
1986.
Subsec. (b). Pub. L. 99-272, 1104(b), which directed the substitution
of ''March 1'' for ''February 1'' wherever appearing in the fourth
paragraph, was executed by making the substitution in the third
paragraph, as the probable intent of Congress.
Subsec. (c). Pub. L. 99-272, 1103(c)(1), designated existing
provisions as pars. (1) and (2), and in par. (1) as so designated,
substituted ''Except as provided in paragraph (3), the'' for ''The'',
struck out ''With respect to burley tobacco, any such downward
adjustment shall not exceed 10 per centum of such estimated utilization
and exports.'', and added par. (3).
Subsec. (e). Pub. L. 99-272, 1103(c)(2), inserted in second par. '',
except in the case of Burley tobacco,'' after ''Provided, That''.
Subsec. (g). Pub. L. 99-272, 1107, inserted provisions relating to
filing of record of transfer after July 1 with the concurrence of the
State committee that all parties agreed to such lease and transfer
before July 1, and that failure to file did not result from gross
negligence.
Subsec. (i)(1). Pub. L. 99-272, 1105(a)(2), substituted ''103 per
centum'' for ''110 per centum''.
1983 -- Subsec. (c). Pub. L. 98-59, 2(1), substituted ''10 per
centum'' for ''5 per centum'' after ''downward adjustment shall not
exceed''.
Subsec. (e). Pub. L. 98-59, 2(2), substituted in second par. ''90 per
centum'' for ''95 per centum'' after ''Provided, That such national
factor shall not be less than''.
Subsec. (g). Pub. L. 98-180 substituted provisos that not more than
fifteen thousand pounds of Burley tobacco quota be leased and
transferred to any farm under this section and that a lease or transfer
of Burley tobacco quota not be effective for any crop year unless a
record of the transfer is filed with the county committee not later than
July 1 of that crop year for proviso that not more than thirty thousand
pounds of burley tobacco be leased and transferred to any farm under
this section.
1982 -- Subsec. (a). Pub. L. 97-218, 303(b), transferred former
provisions of subsec. (b) into subsec. (a), as unlettered third
paragraph of subsec. (a), and, in that paragraph, substituted ''shall
be in effect for burley tobacco'' for ''shall be in effect for such kind
of tobacco'' in fourth sentence thereof, inserted ''for burley tobacco''
before ''under this section'' wherever appearing in first and second
sentences thereof, and before ''as provided in this section'' in second
proviso.
Subsec. (b). Pub. L. 97-218, 303(c), added subsec. (b). Former
subsec. (b) was transferred into subsec. (a) as an unlettered
paragraph and amended.
Subsec. (c). Pub. L. 97-218, 303(d), substituted ''The national
marketing quota determined under this section for any kind of tobacco
for which poundage quotas may be established for any marketing year
shall be the amount of such kind of tobacco produced'' for ''The
national marketing quota determined under this section for burley
tobacco for any marketing year shall be the amount produced'',
substituted ''With respect to burley tobacco, any such downward
adjustment'' for ''Any such downward adjustment'', substituted
''marketing quotas are in effect for a kind of tobacco under this
section'' for ''marketing quotas are in effect under this section'', and
substituted ''from the national marketing quota for such kind of tobacco
in an amount not in excess of 1 per centum of such national marketing
quota'' for ''from the national marketing quota in an amount not in
excess of 1 per centum of the national marketing quota''.
Subsec. (d). Pub. L. 97-218, 303(e), substituted ''first proclaimed
for a kind of tobacco under this section'' for ''first proclaimed under
this section'', substituted ''for which an acreage allotment for such
kind of tobacco was established'' for ''for which a burley tobacco
acreage allotment was established'', inserted '', in the case of burley
tobacco, and October 1, 1982, in the case of dark air-cured tobacco and
fire-cured tobacco'' following ''beginning October 1, 1970'',
substituted ''the 1966 crop year, in the case of burley tobacco, and the
1978 crop year, in the case of dark air-cured tobacco and fire-cured
tobacco'' for ''the 1966 crop year'', substituted ''Provided, That if
the kind of tobacco involved was produced'' for ''Provided, That if
burley tobacco was produced'', substituted ''such kind of tobacco'' for
''burley tobacco'' wherever appearing in the remainder of the first
proviso and in the second proviso, in the third proviso substituted
''And provided further, That the farm yield established for any farm
shall not exceed three thousand five hundred pounds per acre, in the
case of burley tobacco, and three thousand pounds per acre, in the case
of dark air-cured tobacco and fire-cured tobacco:'' for ''And provided
further, That the farm yield established for any farm shall not exceed
three thousand five hundred pounds per acre'', and inserted fourth
proviso.
Subsec. (e). Pub. L. 97-218, 303(f), inserted provision regarding the
determination of preliminary farm marketing quotas for each farm for
which a dark air-cured tobacco or fire-cured tobacco acreage allotment
was established for the marketing year beginning October 1, 1982, in
fourth sentence substituted ''for all farms for which marketing quotas
for the kind of tobacco involved will be determined'' for ''for all
farms for which burley tobacco marketing quotas will be determined'',
and in seventh sentence substituted ''experience of the farm operator
with respect to the kind of tobacco involved; the land, labor, and
equipment available for the production of such kind of tobacco; crop
rotation practices, and the soil and other physical factors affecting
the production of such kind of tobacco'' for ''burley tobacco experience
of the farm operator; the land, labor, and equipment available for the
production of burley tobacco; crop rotation practices, and the soil and
other physical factors affecting the production of burley tobacco''.
Subsec. (f). Pub. L. 97-218, 303(g), substituted ''When a poundage
program is in effect for any kind of tobacco under this section, the
farm marketing quota next established for any farm shall be reduced by
the amount of such kind of tobacco'' for ''When a poundage program is in
effect under this section, the farm marketing quota next established for
any farm shall be reduced by the amount of burley tobacco''.
Subsec. (g). Pub. L. 97-218, 303(h), substituted ''When a poundage
program is in effect for any kind of tobacco under this section, farm
marketing quotas (after adjustments) for such kind of tobacco'' for
''When a poundage program is in effect under this section, farm
marketing quotas (after adjustments) for burley tobacco'', and
substituted ''Provided further, That not more than thirty thousand
pounds may be leased and transferred to any farm under this section with
respect to burley tobacco'' for ''Provided further, That not more than
fifteen thousand pounds may be leased and transferred to any farm under
this section''.
Subsec. (i)(1). Pub. L. 97-218, 303(i)(1), substituted ''to encourage
additional marketings of any grades of the kind of tobacco involved''
for ''to encourage additional marketings of any grades of burley
tobacco'' in proviso.
Subsec. (i)(3). Pub. L. 97-218, 303(i)(2), substituted ''is in effect
with respect to burley tobacco'' for ''is in effect''.
Section 1105(a) of Pub. L. 99-272 provided that the amendment made
by that section is effective for 1986 and subsequent crops of tobacco.
Section 1107 of Pub. L. 99-272 provided that the amendment made by
that section is effective with respect to 1985 and subsequent crops of
Burley tobacco.
Section 211 of Pub. L. 98-180 provided that the amendment made by
that section is effective for 1984 and subsequent crops of tobacco.
Section 304(b) of Pub. L. 100-387 provided that: ''Notwithstanding
any other provision of law, if a producer has produced burley tobacco in
1988 in an amount less than the producer's farm marketing quota for 1988
due to natural disaster, the Secretary may adjust the producer's burley
tobacco farm marketing quota for the 1989 crop, as established under
section 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314(e) (7 U.S.C. 1314e)), by adding the accumulated undermarketings of
the basic quota for 1988 crop, including undermarketings of leased
quota, to the producer's basic quota for the 1989 crop, except that such
adjustment may not exceed 125 percent of the producer's basic quota.''
Secretary of Agriculture to implement amendments by Pub. L. 99-272
without regard to provisions requiring notice and other procedures for
public participation in rulemaking contained in section 553 of Title 5,
Government Organization and Employees, or in any other directive of the
Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note
under section 1301 of this title.
Action of Secretary under section 1312 of this title for burley
tobacco for marketing years 1971, 1972, and 1973, prior to Apr. 14,
1971, without any effect, see section 4 of Pub. L. 92-10, set out as a
note under section 1312 of this title.
07 USC 1314f. Nonquota tobacco subject to quota
TITLE 7 -- AGRICULTURE
(a) Notwithstanding any other provision of law, effective with
respect to the 1982 and subsequent crops of tobacco, any kind of tobacco
for which marketing quotas are not in effect that is produced in an area
where marketing quotas are in effect for any kind of tobacco shall be
subject to the quota for the kind of tobacco for which marketing quotas
are in effect in that area. If marketing quotas are in effect in an
area for more than one kind of quota tobacco, nonquota tobacco produced
in the area shall be subject to the quota for the kind of quota tobacco
produced in the area having the highest price support under the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
(b) Subsection (a) of this section shall not apply to --
(1) Maryland (type 32) tobacco when it is nonquota tobacco and
produced in a quota area on a farm for which a marketing quota for
Maryland (type 32) tobacco was established when marketing quotas for
such kind of tobacco were last in effect;
(2) cigar-filler (type 41) tobacco when it is nonquota tobacco and
produced in Pennsylvania;
(3) cigar-wrapper (type 61) tobacco when it is nonquota tobacco and
produced in Connecticut and Massachusetts, and cigar-wrapper (type 62)
tobacco when it is nonquota tobacco and produced in Georgia and Florida;
(4) tobacco produced in a quota area that is represented to be
nonquota tobacco and that is readily and distinguishably different from
all kinds of quota tobacco, as determined through the application of the
standards issued by the Secretary for the inspection and identification
of tobacco; and
(5) tobacco when it is nonquota tobacco and produced in a quota area
in which the total of the acreage allotments for quota tobacco
established for farms is less than twenty acres. Notwithstanding the
provisions of section 1312(c) of this title, producers of such nonquota
tobacco shall not be eligible to vote in the first referendum for such
nonquota tobacco conducted by the Secretary under such section after
July 20, 1982.
(Feb. 16, 1938, ch. 30, title III, 320, as added Sept. 3, 1974, Pub.
L. 93-411, 88 Stat. 1089, and amended Nov. 4, 1978, Pub. L. 95-592, 17,
92 Stat. 2534; Dec. 22, 1981, Pub. L. 97-98, title XI, 1108, 95 Stat.
1266; July 20, 1982, Pub. L. 97-218, title II, 204, 96 Stat. 206.)
The Agricultural Act of 1949, referred to in subsec. (a), is act
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
classified principally to chapter 35A ( 1421 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of this title and Tables.
1982 -- Subsec. (b)(5). Pub. L. 97-218 added par. (5).
1981 -- Pub. L. 97-98 designated existing provision as subsec. (a),
provided that application of this section be to the 1982 and subsequent
crops instead of crops beginning with the 1975 crop, substituted
provision that any kind of tobacco grown in an area where marketing
quotas are in effect be subject to the quota for the kind of tobacco for
which marketing quotas are in effect in that area for provision that any
tobacco produced in an area where producers who are engaged in the
production of a kind of tobacco traditionally produced in the area have
approved marketing quotas be subject to the quota for the kind of
tobacco traditionally produced in the area, and struck out provisions
exempting nonquota tobacco from this section if the Secretary or
designee finds that such nonquota tobacco is readily and distinguishably
different from any kind of tobacco produced under quota and providing
that no marketing quota penalty be assessed as a result of the marketing
of 1975 crop Maryland tobacco (Type 32) which is determined to be Burley
tobacco (Type 31), and added subsec. (b).
1978 -- Pub. L. 95-592 inserted provision relating to nonassessment
of marketing quota penalties as a result of marketing of 1975 crop
Maryland tobacco (Type 32) which was determined to be Burley tobacco
(Type 31) under provisions of this section.
Amendment by Pub. L. 97-218 effective July 20, 1982, but not to
apply to any lease of a Flue-cured tobacco acreage allotment or
marketing quota entered into under the Agricultural Adjustment Act of
1938 (7 U.S.C. 1281 et seq.) before that date, see section 207 of Pub.
L. 97-218, set out as a note under section 1314b of this title.
Section 1108 of Pub. L. 97-98 provided that the amendment made by
that section is effective beginning with the 1982 crop of tobacco.
07 USC 1314g. Submission of purchase intentions by cigarette
manufacturers
TITLE 7 -- AGRICULTURE
(a) Quantity of intended purchases; aggregation not to allow
identification
(1) Not later than December 1 of any marketing year with respect to
Flue-cured tobacco (or, in the case of the 1986 crop, 14 days after
April 7, 1986) and January 15 of any marketing year with respect to
Burley tobacco (or, in the case of the 1986 crop, 14 days after April 7,
1986, or January 15, 1986, whichever is later), each domestic
manufacturer of cigarettes shall submit to the Secretary a statement, by
kind, of the quantity of Flue-cured tobacco and Burley tobacco (for
which a national marketing quota is in effect or for which the Secretary
has proclaimed a national marketing quota for the next succeeding
marketing year) that the manufacturer intends to purchase, directly or
indirectly, on the United States auction markets or from producers
during the next succeeding marketing year (hereafter in this section
referred to as the ''quantity of intended purchases'').
(2) The Secretary shall aggregate the quantities of intended
purchases in a manner that will not allow the identification of the
quantity of intended purchases of any manufacturer.
(b) Failure to submit; determination of quantity of intended
purchases by Secretary
If any domestic manufacturer of cigarettes fails to submit to the
Secretary a statement of the quantity of intended purchases of the
manufacturer, as required by this section, the Secretary shall establish
the quantity of intended purchases to be attributed to such manufacturer
for purposes of this chapter, based on --
(1) the quantity of intended purchases submitted by such manufacturer
under this section for the marketing year immediately preceding the
marketing year for which the determination is being made; or
(2) if such manufacturer did not submit a statement of the quantity
of intended purchases of the manufacturer for the marketing year
immediately preceding the marketing year for which the determination is
being made, the most recent information available to the Secretary.
(c) Confidentiality of information; disclosure; publication of
identity of violators; penalties
(1) All information relating to the quantity of intended purchases
that is submitted by domestic manufacturers of cigarettes under this
section shall be kept confidential by all officers and employees of the
Department of Agriculture.
(2) Such information may only be disclosed by such officers or
employees in a suit or administrative hearing --
(A)(i) brought at the direction, or on the request, of the Secretary;
or
(ii) to which the Secretary or any officer of the United States is a
party; and
(B) involving enforcement of this chapter.
(3) Nothing in this section shall be considered to prohibit the
publication, by direction of the Secretary, of the name of any person
violating this chapter, together with a statement of the particular
provisions of the chapter violated by such person.
(4) Any officer or employee of the Department of Agriculture who
violates this subsection, on conviction, shall be --
(A) subject to a fine of not more than $1,000 or to imprisonment for
not more than 1 year, or to both; and
(B) removed from office.
(d) Exemption from public disclosure
Notwithstanding any other provision of law, a statement of the
quantity of intended purchases that is submitted under this section
shall be exempt from disclosure under section 552 of title 5.
(Feb. 16, 1938, ch. 30, title III, 320A, as added Apr. 7, 1986, Pub.
L. 99-272, title I, 1103(d), 100 Stat. 88.)
Section 1103(d) of Pub. L. 99-272 provided that this section is
effective for 1986 and each subsequent crop of tobacco.
For implementation of this section by the Secretary of Agriculture
without regard to the provisions requiring notice and other procedures
for public participation in rulemaking contained in section 553 of Title
5, Government Organization and Employees, or in any other directive of
the Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note
under section 1301 of this title.
07 USC 1314h. Purchase requirements; penalty
TITLE 7 -- AGRICULTURE
(a) Statement of quantity purchased during marketing year
(1) At the conclusion of each marketing year, on or before a date
prescribed by the Secretary, each domestic manufacturer of cigarettes
shall submit to the Secretary a statement, by kind, of the quantity of
Flue-cured and Burley quota tobacco purchased, directly or indirectly,
by such manufacturer during such marketing year.
(2) The statement shall include, but not be limited to, the quantity
of each such kind of tobacco purchased by the manufacturer on the United
States auction markets, from producers, and from the inventories of
tobacco from the 1985 and subsequent crops of the producer-owned
cooperative marketing associations that have entered into loan
agreements with the Commodity Credit Corporation to make price support
available to producers of Flue-cured or Burley tobacco.
(b) Failure to purchase at least 90 percent of quantity of intended
purchases; reduction in quantity of intended purchases
(1) Except as otherwise provided in this subsection, any domestic
manufacturer of cigarettes that fails, as determined by the Secretary
after notice and opportunity for a hearing, to purchase during a
marketing year on the United States auction markets, from producers, or
from the inventories of tobacco from the 1985 and subsequent crops of
the producer associations described in subsection (a)(2) of this section
a quantity of Flue-cured quota tobacco and a quantity of Burley quota
tobacco equal to at least 90 percent of the quantity of the intended
purchases of Flue-cured tobacco and Burley tobacco, respectively,
submitted by such manufacturer or established by the Secretary for such
manufacturer for that marketing year under section 1314g of this title
(as that quantity may be reduced under paragraph (2)) shall be subject
to a penalty as prescribed in subsection (c) of this section.
(2)(A) If the total quantity of Flue-cured or Burley quota tobacco,
respectively, marketed by producers at auction in the United States
during the marketing year in question is less than the national
marketing quota (including any adjustments for overmarketings or
undermarketings) for that kind of tobacco for that marketing year, the
quantity of intended purchases of each domestic manufacturer of
cigarettes, for purposes of paragraph (1), shall be reduced by a
percentage equal to the percentage by which the total quantity marketed
at auction in the United States during the marketing year is less than
the national marketing quota (including any adjustments for
overmarketings or undermarketings) for that kind of tobacco for the
marketing year.
(B) For purposes of this section, the term ''marketed'' shall include
disposition of tobacco by consigning the tobacco to a producer
association described in subsection (a)(2) of this section for a price
support advance.
(c) Penalty for failure to purchase specified amount
The amount of any penalty to be imposed on a manufacturer under this
section shall be determined by multiplying --
(1) twice the per pound assessment (as determined under section
1445-1 or 1445-2 of this title) for the kind of tobacco involved; by
(2) the quantity by which --
(A) the purchases by such manufacturer on the United States auction
markets, from producers, or from the inventories of tobacco from the
1985 and subsequent crops of the producer associations described in
subsection (a)(2) of this section of Flue-cured and Burley quota
tobacco, respectively, for the marketing year; are less than
(B) 90 percent of the quantity of intended purchases of such kinds of
tobacco, respectively, submitted by the manufacturer or established by
the Secretary for such manufacturer for that marketing year under
section 1314g of this title (as that quantity may be reduced under
subsection (b)(2) of this section).
(d) Transmission of penalty by Secretary; deposit in No Net Cost
Fund or Account
(1) An amount equivalent to the penalty collected by the Secretary
under this section shall be transmitted by the Secretary to the
appropriate producer-owned cooperative marketing association that has
entered into a loan agreement with the Commodity Credit Corporation to
make price support available to producers of Flue-cured or Burley
tobacco, as the case may be.
(2) Each association to which amounts are transmitted by the
Secretary under this section shall deposit such amounts in the No Net
Cost Fund or Account of such association in accordance with section
1445-1 or 1445-2 of this title.
(e) Confidentiality of information submitted; disclosure;
publication of identity of violators; exemption from public disclosure;
penalties
The limitations on disclosure set forth in subsections (c) and (d) of
section 1314g of this title shall apply to information submitted by
domestic manufacturers of cigarettes under this section with respect to
the quantity of purchases of Flue-cured and Burley quota tobacco during
a marketing year. Any officer or employee of the Department of
Agriculture who violates such limitations on disclosure shall be subject
to the penalties set forth in section 1314g(c)(4) of this title.
(f) ''Quota tobacco'' defined
As used in this section, the term ''quota tobacco'' means any kind of
tobacco for which marketing quotas are in effect or for which marketing
quotas are not disapproved by producers.
(Feb. 16, 1938, ch. 30, title III, 320B, as added Apr. 7, 1986, Pub.
L. 99-272, title I, 1106(a), 100 Stat. 90.)
Section 1106(a) of Pub. L. 99-272 provided that this section is
effective for 1986 and subsequent crops of tobacco.
For implementation of this section by the Secretary of Agriculture
without regard to the provisions requiring notice and other procedures
for public participation in rulemaking contained in section 553 of Title
5, Government Organization and Employees, or in any other directive of
the Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note
under section 1301 of this title.
07 USC 1315. Burley tobacco acreage allotments
TITLE 7 -- AGRICULTURE
The farm acreage allotment for burley tobacco for any year shall not
be less than the smallest of (1) the allotment established for the farm
for the immediately preceding year, (2) five-tenths of an acre, or (3)
10 per centum of the cropland: Provided, however, That no allotment of
seven-tenths of an acre or less shall be reduced more than one-tenth of
an acre in any one year. The additional acreage required under this
section shall be in addition to the State acreage allotments and the
production on such acreage shall be in addition to the national
marketing quota.
(July 12, 1952, ch. 709, 66 Stat. 597; Mar. 31, 1955, ch. 21, 2, 69
Stat. 24.)
Section was not enacted as a part of the Agricultural Adjustment Act
of 1938 which comprises this chapter.
1955 -- Act Mar. 31, 1955, amended section generally by reducing
minimum acreage allotments.
Act Mar. 31, 1955, provided that the amendment made by that act is
effective for the 1956 and subsequent crops of burley tobacco.
(1) and Proviso
Part of section 317(h) of act Feb. 16, 1938, ch. 30, title III, as
added by Pub. L. 89-12, 1, Apr. 16, 1965, 79 Stat. 72, and classified
as part of section 1314c(h) of this title, provided that: ''Whenever
the Secretary proclaims a quota on an acreage allotment basis (in lieu
of on an acreage poundage basis) --
''(A) the minimum acreage allotment for Burley tobacco for any farm
shall be determined under the provisions of the Act of July 12, 1952, as
amended (7 U.S.C. 1315) instead of under the preceding provisions of
this subsection (section 1314c(h) of this title);
''(B) clause (1) of the Act of July 12, 1952 (this section), shall
for such purpose read as follows: '(1) the allotment established for
the farm for the last preceding year for which a quota was proclaimed on
an acreage allotment basis'; and
''(C) the proviso of that Act (this section) shall for such purpose
read as follows: 'Provided, however, That no allotment of seven-tenths
of an acre or less shall be reduced more than one-tenth of an acre below
the allotment established for the farm for the last preceding year for
which a quota was proclaimed on an acreage allotment basis'.''
07 USC 1316. Transfer of allotments subsequent to 1965
TITLE 7 -- AGRICULTURE
Notwithstanding the provisions of sections 1314b(c) and 1314c(b) of
this title, relating to transfer of allotments for years subsequent to
1965, whenever acreage-poundage quotas are in effect for any kind of
tobacco as provided in section 1314c of this title, the transfer shall
be on a pound for pound basis and the acreage allotment for the
transferee farm shall be increased by an amount determined by dividing
the number of pounds transferred by the farm yield for the transferee
farm, and the acreage allotment for the transferor farm shall be reduced
by an amount determined by dividing the number of pounds transferred by
the farm yield for the transferor farm.
(Pub. L. 89-321, title VII, 703, Nov. 3, 1965, 79 Stat. 1210; Pub.
L. 91-284, 6, June 19, 1970, 84 Stat. 314; Pub. L. 97-218, title II,
205(b), July 20, 1982, 96 Stat. 206.)
Section was not enacted as part of the Agricultural Adjustment Act of
1938 which comprises this chapter. The first sentence of section 703 of
Pub. L. 89-321 amended section 1314b(a) of this title.
1982 -- Pub. L. 97-218 substituted ''transfer'' for ''lease and
transfer'', ''transferee'' for ''lessee'', ''transferor'' for
''lessor'', and ''transferred'' for ''leased'', wherever appearing.
1970 -- Pub. L. 91-284 struck out ''except in the case of burley
tobacco, and other kinds of tobacco not subject to section 1314b of this
title,'' after ''any kind of tobacco as provided in section 1314c of
this title,''.
Amendment by Pub. L. 97-218 effective July 20, 1982, but not to
apply to any lease of a Flue-cured tobacco acreage allotment or
marketing quota entered into under the Agricultural Adjustment Act of
1938 (7 U.S.C. 1281 et seq.) before that date, see section 207 of Pub.
L. 97-218, set out as a note under section 1314b of this title.
07 USC subpart ii -- acreage allotments -- corn
TITLE 7 -- AGRICULTURE
1954 -- Act Aug. 28, 1954, ch. 1041, title III, 303, 68 Stat. 902,
substituted ''Acreage Allotments -- Corn'' for ''Marketing Quotas --
Corn'' in subpart II heading.
07 USC 1321. Legislative finding of effect on interstate and foreign
commerce and necessity of regulation
TITLE 7 -- AGRICULTURE
Corn is a basic source of food for the Nation, and corn produced in
the commercial corn-producing area moves almost wholly in interstate and
foreign commerce in the form of corn, livestock, and livestock products.
Abnormally excessive and abnormally deficient supplies of corn
acutely and directly affect, burden, and obstruct interstate and foreign
commerce in corn, livestock, and livestock products. When abnormally
excessive supplies exist, transportation facilities in interstate and
foreign commerce are overtaxed, and the handling and processing
facilities through which the flow of interstate and foreign commerce in
corn, livestock, and livestock products is directed become acutely
congested. Abnormally deficient supplies result in substantial
decreases in livestock production and in an inadequate flow of livestock
and livestock products in interstate and foreign commerce, with the
consequence of unreasonably high prices to consumers.
Violent fluctuations from year to year in the available supply of
corn disrupt the balance between the supply of livestock and livestock
products moving in interstate and foreign commerce and the supply of
corn available for feeding. When available supplies of corn are
excessive, corn prices are low and farmers overexpand livestock
production in order to find outlets for corn. Such expansion, together
with the relative scarcity and high price of corn, forces farmers to
market abnormally excessive supplies of livestock in interstate commerce
at sacrifice prices, endangering the financial stability of producers,
and overtaxing handling and processing facilities through which the flow
of interstate and foreign commerce in livestock and livestock products
is directed. Such excessive marketings deplete livestock on farms, and
livestock marketed in interstate and foreign commerce consequently
becomes abnormally low, with resultant high prices to consumers and
danger to the financial stability of persons engaged in transporting,
handling, and processing livestock in interstate and foreign commerce.
These high prices in turn result in another overexpansion of livestock
production.
Recurring violent fluctuations in the price of corn resulting from
corresponding violent fluctuations in the supply of corn directly affect
the movement of livestock in interstate commerce from the range cattle
regions to the regions where livestock is fattened for market in
interstate and foreign commerce, and also directly affect the movement
in interstate commerce of corn marketed as corn which is transported
from the regions where produced to the regions where livestock is
fattened for market in interstate and foreign commerce.
Substantially all the corn moving in interstate commerce,
substantially all the corn fed to livestock transported in interstate
commerce for fattening, and substantially all the corn fed to livestock
marketed in interstate and foreign commerce, is produced in the
commercial corn-producing area. Substantially all the corn produced in
the commercial corn-producing area, with the exception of a
comparatively small amount used for farm consumption, is either sold or
transported in interstate commerce, or is fed to livestock transported
in interstate commerce for feeding, or is fed to livestock marketed in
interstate and foreign commerce. Almost all the corn produced outside
the commercial corn-producing area is either consumed, or is fed to
livestock which is consumed, in the State in which such corn is
produced.
The conditions affecting the production and marketing of corn and the
livestock products of corn are such that, without Federal assistance,
farmers, individually or in cooperation, cannot effectively prevent the
recurrence of disparities between the supplies of livestock moving in
interstate and foreign commerce and the supply of corn available for
feeding, and provide for orderly marketing of corn in interstate and
foreign commerce and livestock and livestock products in interstate and
foreign commerce.
The national public interest requires that the burdens on interstate
and foreign commerce above described be removed by the exercise of
Federal power. By reason of the administrative and physical
impracticability of regulating the movement of livestock and livestock
products in interstate and foreign commerce and the inadequacy of any
such regulation to remove such burdens, such power can be feasibly
exercised only by providing for the withholding from market of excessive
and burdensome supplies of corn in times of excessive production, and
providing a reserve supply of corn available for market in times of
deficient production, in order that a stable and continuous flow of
livestock and livestock products in interstate and foreign commerce may
at all times be assured and maintained.
(Feb. 16, 1938, ch. 30, title III, 321, 52 Stat. 48.)
07 USC 1322. Repealed. Aug. 28, 1954, ch. 1041, title III, 304, 68
Stat. 902
TITLE 7 -- AGRICULTURE
Section, acts Feb. 16, 1938, ch. 30, title III, 322, 52 Stat. 49;
July 3, 1948, ch. 827, title II, 203, 62 Stat. 1255; Oct. 31, 1949,
ch. 792, title IV, 409(e), 63 Stat. 1057, related to establishment,
referendum, and suspension of farm marketing quotas.
07 USC 1322a. Repealed. July 3, 1948, ch. 827, title II, 203(b), 62
Stat. 1256
TITLE 7 -- AGRICULTURE
Section, act July 26, 1939, ch. 378, 53 Stat. 1125, related to time
for proclamation of referendum.
Repeal effective Jan. 1, 1950, see section 303 of act July 3, 1948,
set out as a note under section 1301 of this title.
07 USC 1323 to 1325. Repealed. Aug. 28, 1954, ch. 1041, title III,
304, 68 Stat. 902
TITLE 7 -- AGRICULTURE
Section 1323, act Feb. 16, 1938, ch. 30, title III, 323, 52 Stat.
50, related to amount of farm marketing quota with respect to corn.
Section 1324, act Feb. 16, 1938, ch. 30, title III, 324, 52 Stat.
50, related to storage amounts.
Section 1325, act Feb. 16, 1938, ch. 30, title III, 325, 52 Stat.
51, related to penalties for marketing corn in excess of quota.
07 USC 1326. Adjustment of farm marketing quotas
TITLE 7 -- AGRICULTURE
(a) Whenever in any county or other area the Secretary finds that the
actual production of corn plus the amount of corn stored under seal in
such county or other area is less than the normal production of the
marketing percentage of the farm acreage allotments in such county or
other area, the Secretary shall terminate farm marketing quotas for corn
in such county or other area.
(b) Whenever, upon any farm, the actual production of the acreage of
corn is less than the normal production of the marketing percentage of
the farm acreage allotment, there may be marketed, without penalty, from
such farm an amount of corn from the corn stored under seal pursuant to
section 1324 of this title which, together with the actual production of
the then current crop, will equal the normal production of the marketing
percentage of the farm acreage allotment.
(c) Whenever, in any marketing year, marketing quotas are not in
effect with respect to the crop of corn produced in the calendar year in
which such marketing year begins, all marketing quotas applicable to
previous crops of corn shall be terminated.
(Feb. 16, 1938, ch. 30, title III, 326, 52 Stat. 51.)
Section 1324 of this title, referred to in subsec. (b), was repealed
by act Aug. 28, 1954, ch. 1041, title III, 304, 68 Stat. 902.
Act Aug. 28, 1954, ch. 1041, title III, 304, 68 Stat. 902,
repealed this section insofar as it is applicable to corn. Section has
been made applicable to wheat by sections 1330(6) and 1340(6) of this
title.
Wheat marketing quotas, effect of increased acreage allotments, see
section 1334 of this title.
07 USC 1327 to 1329. Omitted
TITLE 7 -- AGRICULTURE
Sections provided for establishment of a commercial corn-producing
area and corn acreage allotments, which were discontinued. See sections
1329a, 1444a, and 1444b of this title.
Section 1327, acts Feb. 16, 1938, ch. 30, title III, 327, 52 Stat.
51; Aug. 28, 1954, ch. 1041, title III, 304, 68 Stat. 903, provided
for proclamation of commercial corn-producing area not later than
February 1 of each year.
Section 1328, acts Feb. 16, 1938, ch. 30, title III, 328, 52 Stat.
52; Apr. 7, 1938, ch. 107, 6, 52 Stat. 202; July 3, 1948, ch. 827,
title II, 207(a), 62 Stat. 1257; Oct. 31, 1949, ch. 792, title IV,
409(f), 63 Stat. 1057; Aug. 28, 1954, ch. 1041, title III, 305, 68
Stat. 903, provided for establishment of acreage allotment of corn for
each calendar year and proclamation of such acreage allotment not later
than February 1 of each year.
Section 1329, acts Feb. 16, 1938, ch. 30, title III, 329, 52 Stat.
52; Aug. 28, 1954, ch. 1041, title III, 306, 68 Stat. 903, provided
for apportionment of acreage allotment for corn.
07 USC 1329a. Discontinuance of acreage allotments on corn
TITLE 7 -- AGRICULTURE
Notwithstanding any other provision of law, acreage allotments and a
commercial corn-producing area shall not be established for the 1959 and
subsequent crops of corn.
(Feb. 16, 1938, ch. 30, title III, 330, as added Oct. 31, 1949, ch.
792, title I, 104(b)(1), as added Aug. 28, 1958, Pub. L. 85-835, title
II, 201, 72 Stat. 994.)
Corn producers voted for adoption of price support program as
provided in section 1444a(b) of this title (254,262) rather than
alternative corn acreage allotment and price support program (102,907),
the ballot making operative sections 1329a and 1444b and repeal of
section 1441(d)(4) of this title.
07 USC 1330. Omitted
TITLE 7 -- AGRICULTURE
Section, acts May 26, 1941, ch. 133, 55 Stat. 203; Dec. 26, 1941,
ch. 626, 2, 55 Stat. 860; Dec. 26, 1941, ch. 636, 55 Stat. 872;
Aug. 29, 1949, ch. 518, 3(b), 63 Stat. 676; July 14, 1953, ch. 194,
3, 67 Stat. 151; Aug. 28, 1954, ch. 1041, title III, 313, 68 Stat.
905, initially contained supplemental provisions relating to wheat and
corn marketing quotas; marketing penalty for cotton and rice; crop
loans on cotton, corn, wheat, rice, tobacco, and peanuts, but was
amended generally in 1954 to make it inapplicable to corn. See section
1340 of this title.
Section was not enacted as part of the Agricultural Adjustment Act of
1938 which comprises this chapter.
07 USC subpart iii -- marketing quotas -- wheat
TITLE 7 -- AGRICULTURE
07 USC 1331. Legislative finding of effect on interstate and foreign
commerce and necessity of regulation
TITLE 7 -- AGRICULTURE
Wheat is a basic source of food for the Nation, is produced
throughout the United States by more than a million farmers, is sold on
the country-wide market and, as wheat or flour, flows almost entirely
through instrumentalities of interstate and foreign commerce from
producers to consumers.
Abnormally excessive and abnormally deficient supplies of wheat on
the country-wide market acutely and directly affect, burden, and
obstruct interstate and foreign commerce. Abnormally excessive supplies
overtax the facilities of interstate and foreign transportation, congest
terminal markets and milling centers in the flow of wheat from producers
to consumers, depress the price of wheat in interstate and foreign
commerce, and otherwise disrupt the orderly marketing of such commodity
in such commerce. Abnormally deficient supplies result in an inadequate
flow of wheat and its products in interstate and foreign commerce with
consequent injurious effects to the instrumentalities of such commerce
and with excessive increases in the prices of wheat and its products in
interstate and foreign commerce.
It is in the interest of the general welfare that interstate and
foreign commerce in wheat and its products be protected from such
burdensome surpluses and distressing shortages, and that a supply of
wheat be maintained which is adequate to meet domestic consumption and
export requirements in years of drought, flood, and other adverse
conditions as well as in years of plenty, and that the soil resources of
the Nation be not wasted in the production of such burdensome surpluses.
Such surpluses result in disastrously low prices of wheat and other
grains to wheat producers, destroy the purchasing power of grain
producers for industrial products, and reduce the value of the
agricultural assets supporting the national credit structure. Such
shortages of wheat result in unreasonably high prices of flour and bread
to consumers and loss of market outlets by wheat producers.
The conditions affecting the production and marketing of wheat are
such that, without Federal assistance, farmers, individually or in
cooperation, cannot effectively prevent the recurrence of such surpluses
and shortages and the burdens on interstate and foreign commerce
resulting therefrom, maintain normal supplies of wheat, or provide for
the orderly marketing thereof in interstate and foreign commerce.
Wheat which is planted and not disposed of prior to the date
prescribed by the Secretary for the disposal of excess acres of wheat is
an addition to the total supply of wheat and has a direct effect on the
price of wheat in interstate and foreign commerce and may also affect
the supply and price of livestock and livestock products. In the
circumstances, wheat not disposed of prior to such date must be
considered in the same manner as mechanically harvested wheat in order
to achieve the policy of the chapter.
The diversion of substantial acreages from wheat to the production of
commodities which are in surplus supply or which will be in surplus
supply if they are permitted to be grown on the diverted acreage would
burden, obstruct, and adversely affect interstate and foreign commerce
in such commodities, and would adversely affect the prices of such
commodities in interstate and foreign commerce. Small changes in the
supply of a commodity could create a sufficient surplus to affect
seriously the price of such commodity in interstate and foreign
commerce. Large changes in the supply of such commodity could have a
more acute effect on the price of the commodity in interstate and
foreign commerce and, also, could overtax the handling, processing, and
transportation facilities through which the flow of interstate and
foreign commerce in such commodity is directed. Such adverse effects
caused by overproduction in one year could further result in a deficient
supply of the commodity in the succeeding year, causing excessive
increases in the price of the commodity in interstate and foreign
commerce in such year. It is, therefore, necessary to prevent acreage
diverted from the production of wheat to be used to produce commodities
which are in surplus supply or which will be in surplus supply if they
are permitted to be grown on the diverted acreage.
The provisions of this subpart affording a cooperative plan to wheat
producers are necessary in order to minimize recurring surpluses and
shortages of wheat in interstate and foreign commerce, to provide for
the maintenance of adequate reserve supplies thereof, to provide for an
adequate and orderly flow of wheat and its products in interstate and
foreign commerce at prices which are fair and reasonable to farmers and
consumers, and to prevent acreage diverted from the production of wheat
from adversely affecting other commodities in interstate and foreign
commerce.
(Feb. 16, 1938, ch. 30, title III, 331, 52 Stat. 52; Sept. 27, 1962,
Pub. L. 87-703, title III, 310, 76 Stat. 618.)
1962 -- Pub. L. 87-703 provided additional findings respecting the
addition of wheat to total supply of wheat and effect of such addition
on price of wheat and supply and price of livestock and livestock
products, the need to prevent the use of acreage diverted from wheat
production to produce other commodities in surplus supply and the
consequences of a small or large change in the supply of a commodity and
the necessity of a cooperative plan to wheat producers to provide for
flow of wheat at fair and reasonable prices to farmers and consumers and
to prevent diverted acreage from production of wheat from adversely
affecting other commodities in interstate and foreign commerce.
Amendment by Pub. L. 87-703 effective only with respect to programs
applicable to crops planted for harvest in calendar year 1964 or any
subsequent year and marketing years beginning in calendar year 1964, or
any subsequent year, see section 323 of Pub. L. 87-703, set out as a
note under section 1301 of this title.
Pub. L. 101-624, title III, 303, Nov. 28, 1990, 104 Stat. 3400,
provided that: ''Sections 331 through 339, 379b, and 379c of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1331 through 1339, 1379b,
and 1379c) shall not be applicable to the 1991 through 1995 crops of
wheat.''
Pub. L. 99-198, title III, 310(b), Dec. 23, 1985, 99 Stat. 1395,
provided that: ''Sections 331, 339, 379b, and 379c of such Act (the
Agricultural Adjustment Act of 1938) (7 U.S.C. 1331, 1339, 1379b, and
1379c) shall not be applicable to the 1986 through 1990 crops of
wheat.''
Pub. L. 97-98, title III, 303, Dec. 22, 1981, 95 Stat. 1227,
provided that: ''Sections 331, 332, 333, 334, 335, 336, 338, 339, 379b,
and 379c of the Agricultural Adjustment Act of 1938 (this section and
sections 1332, 1333, 1334, 1335, 1336, 1338, 1339, 1379b, and 1379c of
this title) shall not be applicable to the 1982 through 1985 crops of
wheat.''
Pub. L. 95-113, title IV, 404, Sept. 29, 1977, 91 Stat. 927,
provided that: ''Sections 331, 332, 333, 334, 335, 336, 338, 339, 379b,
and 379c of the Agricultural Adjustment Act of 1938, as amended (this
section and sections 1332, 1333, 1334, 1335, 1336, 1338, 1339, 1379b,
and 1379c of this title), shall not be applicable to the 1978 through
1981 crops of wheat.''
Pub. L. 91-524, title IV, 404(1), Nov. 30, 1970, 84 Stat. 1366, as
amended by Pub. L. 93-86, 1(11), Aug. 10, 1973, 87 Stat. 229,
provided that this section is not applicable to 1971 through 1977 crops
of wheat.
07 USC 1332. National marketing quota
TITLE 7 -- AGRICULTURE
(a) Proclamation; duration of program
Whenever prior to April 15 in any calendar year the Secretary
determines that the total supply of wheat in the marketing year
beginning in the next succeeding calendar year will, in the absence of a
marketing quota program, likely be excessive, the Secretary shall
proclaim that a national marketing quota for wheat shall be in effect
for such marketing year and for either the following marketing year or
the following two marketing years, if the Secretary determines and
declares in such proclamation that a two- or three-year marketing quota
program is necessary to effectuate the policy of the chapter.
(b) Amount; minimum
If a national marketing quota for wheat has been proclaimed for any
marketing year, the Secretary shall determine and proclaim the amount of
the national marketing quota for such marketing year not earlier than
January 1 or later than April 15 of the calendar year preceding the year
in which such marketing year begins. The amount of the national
marketing quota for wheat for any marketing year shall be an amount of
wheat which the Secretary estimates (i) will be utilized during such
marketing year for human consumption in the United States as food, food
products, and beverages, composed wholly or partly of wheat, (ii) will
be utilized during such marketing year in the United States for seed,
(iii) will be exported either in the form of wheat or products thereof,
and (iv) will be utilized during such marketing year in the United
States as livestock (including poultry) feed, excluding the estimated
quantity of wheat which will be utilized for such purpose as a result of
the substitution of wheat for feed grains under section 1339c of this
title; less (A) an amount of wheat equal to the estimated imports of
wheat into the United States during such marketing year and, (B) if the
stocks of wheat owned by the Commodity Credit Corporation are determined
by the Secretary to be excessive, an amount of wheat determined by the
Secretary to be a desirable reduction in such marketing year in such
stocks to achieve the policy of the chapter: Provided, That if the
Secretary determines that the total stocks of wheat in the Nation are
insufficient to assure an adequate carryover for the next succeeding
marketing year, the national marketing quota otherwise determined shall
be increased by the amount the Secretary determines to be necessary to
assure an adequate carryover: And provided further, That the national
marketing quota for wheat for any marketing year shall be not less than
one billion bushels.
(c) National emergencies or material increase in demand;
investigation; increase or termination
If, after the proclamation of a national marketing quota for wheat
for any marketing year, the Secretary has reason to believe that,
because of a national emergency or because of a material increase in the
demand for wheat, the national marketing quota should be terminated or
the amount thereof increased, he shall cause an immediate investigation
to be made to determine whether such action is necessary in order to
meet such emergency or increase in the demand for wheat. If, on the
basis of such investigation, the Secretary finds that such action is
necessary, he shall immediately proclaim such finding and the amount of
any such increase found by him to be necessary and thereupon such
national marketing quota shall be so increased or terminated. In case
any national marketing quota is increased under this subsection, the
Secretary shall provide for such increase by increasing acreage
allotments established under this subpart by a uniform percentage.
(d) Farm marketing quotas for wheat crops planted in calendar years
1966-1970
Notwithstanding any other provision of this chapter, the Secretary
shall proclaim a national marketing quota for the crops of wheat planted
for harvest in the calendar years 1966 through 1970, and farm marketing
quotas shall not be in effect for such crops of wheat.
(Feb. 16, 1938, ch. 30, title III, 332, 52 Stat. 53; Aug. 28, 1954,
ch. 1041, title III, 307, 68 Stat. 903; Sept. 27, 1962, Pub. L.
87-703, title III, 311, 76 Stat. 619; Nov. 3, 1965, Pub. L. 89-321,
title V, 501(1), 79 Stat. 1199; Oct. 11, 1968, Pub. L. 90-559, 1(1), 82
Stat. 996; Dec. 23, 1985, Pub. L. 99-198, title III, 302, 99 Stat.
1378.)
1985 -- Pub. L. 99-198 temporarily substituted ''Proclamation of
marketing quotas'' for ''National marketing quota'' in section
catchline. See Effective and Termination Dates of 1985 Amendment note
below.
Subsec. (a). Pub. L. 99-198 amended subsec. (a) generally,
temporarily substituting provisions defining the terms ''base period''
and ''marketing quota period'' for provisions which authorized the
Secretary to proclaim a national marketing quota for wheat for either a
two- or three-year period. See Effective and Termination Dates of 1985
Amendment note below.
Subsec. (b). Pub. L. 99-198 amended subsec. (b) generally,
temporarily substituting provisions authorizing the proclamation of a
national marketing quota for each marketing year, not later than June
15, 1986, in an amount which the Secretary determines is required to
meet anticipated needs during such marketing year, and the conducting of
a marketing quota referendum not later than Aug. 1, 1986 for provisions
which had authorized the proclamation of a national marketing quota upon
a determination made between Jan. 1 and Apr. 15 of the calendar year
preceding the year in which the marketing year began, which
determination had to provide a minimum of one billion bushels for any
marketing year, and investigation of stocks to adjust for imports and
excessive or insufficient amounts generally. See Effective and
Termination Dates of 1985 Amendment note below.
Subsec. (c). Pub. L. 99-198 amended subsec. (c) generally,
temporarily substituting provisions requiring the Secretary to adjust or
terminate the national marketing quota in the event of a national
emergency or material change in the demand for wheat for provisions
which had required the Secretary to cause an immediate investigation to
be made to determine whether termination or increase in the quota was
necessary in order to meet such emergency or increase in demand, and
struck out provisions requiring the Secretary to proclaim such findings
and the amount of any increase, with any such increase to be based on a
uniform percentage. See Effective and Termination Dates of 1985
Amendment note below.
Subsec. (d). Pub. L. 99-198 amended section generally, temporarily
striking out subsec. (d) which provided for farm marketing quotas for
wheat crops planted in calendar years 1969-1970. See Effective and
Termination Dates of 1985 Amendment note below.
1968 -- Subsec. (d). Pub. L. 90-559 provided for a one year
extension through 1970.
1965 -- Subsec. (b). Pub. L. 89-321 changed item (iv) from the
average amount of wheat which was used for livestock feed during 1959-60
to the amount which will be utilized during the marketing year for which
the quota is being determined for livestock feed, excluding the
estimated quantity of wheat which will be utilized for such purpose as a
result of the substitution of wheat for feed grains under section 1339c
of this title.
Subsec. (d). Pub. L. 89-321 added subsec. (d).
1962 -- Pub. L. 87-703 substituted provisions for proclamation of a
national marketing quota upon a determination made prior to April 15 in
any calendar year, the duration of such a program, the amount of,
including the minimum, quota, and investigation of stocks to increase or
terminate the quota during national emergencies or material increase in
demand for provision for proclamation, not later than May 15 of each
calendar year, of a national marketing quota for the crop produced in
the next calendar year.
1954 -- Act Aug. 28, 1954, struck out proclamations relating to
supplies, and changed proclamation date from July 15 to May 15.
Section 302 of Pub. L. 99-198 provided that the amendment made by
that section is effective only for 1987 through 1990 crops of wheat.
Section 501 of Pub. L. 89-321 provided that the amendments made by
that section (amending this section and sections 1333, 1334, 1335, and
1339 of this title) are ''effective beginning with the crop planted for
harvest in the calendar year 1966''.
Amendment by Pub. L. 87-703 effective only with respect to programs
applicable to crops planted for harvest in calendar year 1964 or any
subsequent year and marketing years beginning in calendar year 1964, or
any subsequent year, see section 323 of Pub. L. 87-703, set out as a
note under section 1301 of this title.
Section inapplicable to 1991 through 1995 crops of wheat, see section
303 of Pub. L. 101-624, set out as a note under section 1331 of this
title.
Pub. L. 101-270, Apr. 10, 1990, 104 Stat. 134, provided: ''That
section 332 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1332)
shall not be applicable to the 1991 crop of wheat.''
Section 310(a) of Pub. L. 99-198 provided that: ''Sections 332,
333, 334, 335, 336, and 338 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1332-1336 and 1338) shall not be applicable to the 1986 crop
of wheat.''
Section inapplicable to 1982 through 1985 crops of wheat, see section
303 of Pub. L. 97-98, set out as a note under section 1331 of this
title.
Section inapplicable to 1978 through 1981 crops of wheat, see section
404 of Pub. L. 95-113, set out as a note under section 1331 of this
title.
Pub. L. 91-524, title IV, 404(1), Nov. 30, 1970, 84 Stat. 1366, as
amended by Pub. L. 93-86, 1(11), Aug. 10, 1973, 87 Stat. 229,
provided that this section is not applicable to 1971 through 1977 crops
of wheat.
Section 201 of Pub. L. 88-297, title II, Apr. 11, 1964, 78 Stat.
178, directed Secretary to not proclaim a national marketing quota for
1965 crop of wheat and that farm marketing quotas shall not be in effect
for such crop of wheat, and required Secretary to proclaim a national
acreage allotment for 1965 crop of wheat which shall be the number of
acres which he determined would make available an adequate supply of
wheat, but not less than forty-nine million five hundred thousand acres.
Pub. L. 87-485, June 15, 1962, 76 Stat. 103, authorized Secretary of
Agriculture to defer until July 15, 1962, any proclamation under this
section with respect to a national acreage allotment for 1963 crop of
wheat and any proclamation under section 1335 of this title with respect
to marketing quotas for such crop of wheat.
Pub. L. 87-450, May 15, 1962, 76 Stat. 69, authorized Secretary of
Agriculture to defer until June 15, 1962, any proclamation under this
section with respect to a national acreage allotment for 1963 crop of
wheat and any proclamation under section 1335 of this title for such
crop of wheat.
Pub. L. 86-27, May 15, 1959, 73 Stat. 25, authorized Secretary of
Agriculture to defer until June 1, 1959, any proclamation under this
section with respect to a national acreage allotment for 1960 crop of
wheat and any proclamation under section 1335 of this title with respect
to marketing quotas for such crop of wheat.
07 USC 1333. National acreage allotment
TITLE 7 -- AGRICULTURE
The Secretary shall proclaim a national acreage allotment for each
crop of wheat. The amount of the national acreage allotment for any
crop of wheat shall be the number of acres which the Secretary
determines on the basis of the projected national yield and expected
underplantings (acreage other than that not harvested because of program
incentives) of farm acreage allotments will produce an amount of wheat
equal to the national marketing quota for wheat for the marketing year
for such crop, or if a national marketing quota was not proclaimed, the
quota which would have been determined if one had been proclaimed.
(Feb. 16, 1938, ch. 30, title III, 333, 52 Stat. 53; June 20, 1938,
ch. 518, 52 Stat. 775; July 26, 1939, ch. 377, 53 Stat. 1125; July 3,
1948, ch. 827, title II, 207(b), 62 Stat. 1257; Sept. 27, 1962, Pub.
L. 87-703, title III, 312, 76 Stat. 620; Nov. 3, 1965, Pub. L. 89-321,
title V, 501(2), 79 Stat. 1199; Dec. 23, 1985, Pub. L. 99-198, title
III, 303, 99 Stat. 1379.)
1985 -- Pub. L. 99-198 amended section generally, temporarily
substituting provisions relating to the establishment and determination
of a marketing quota apportionment factor for each crop of wheat for
which a national marketing quota is proclaimed under section 1332 of
this title for provisions relating to the proclamation and determination
of a national acreage allotment for each crop of wheat. See Effective
and Termination Dates of 1985 Amendment note below.
1965 -- Pub. L. 89-321 substituted projected national yield for
expected yield in the determination of the basis to be used in arriving
at the national acreage allotment, inserted limiting parenthetical
reference to acreage other than that harvested because of program
incentives, and struck out references to expected production on the
increases in acreage allotments for farms based upon small-farm base
acreages pursuant to section 1335 of this title and to the expected
production on the increased acreages resulting from the small-farm
exemption pursuant to section 1335 of this title.
1962 -- Pub. L. 87-703 substituted provision for proclamation of a
national acreage allotment at the time of proclamation of the national
marketing quota in an amount that would be the number of acres which on
the basis of expected yields would, together with the expected
production on increases in acreage allotments for small farms and on
increased acreages resulting from the small-farm exemption, make
available a supply equal to the national marketing quota for provision
for determination of the national acreage allotment as such acreage as
on the basis of the national average yield would produce an amount,
which, with estimated carryover and imports, would make available a
supply equal to a normal year's domestic consumption and exports plus 30
per centum and prescribing a national acreage allotment for wheat for
1938 at sixty-two million five hundred thousand acres and for any year
at not less than fifty-five million acres.
1948 -- Act July 3, 1948, required the Secretary to take imports into
consideration in determining acreage allotments for the purposes of
marketing quotas.
1939 -- Act July 26, 1939, amended last sentence.
1938 -- Act June 20, 1938, inserted last sentence.
Section 303 of Pub. L. 99-198 provided that the amendment made by
that section is effective only for 1987 through 1990 crops of wheat.
Amendment by Pub. 89-321 effective beginning with crop planted for
harvest in calendar year 1966, see section 501 of Pub. L. 89-321, set
out as a note under section 1332 of this title.
Amendment by Pub. L. 87-703 effective only with respect to programs
applicable to crops planted for harvest in calendar year 1964 or any
subsequent year and marketing years beginning in calendar year 1964, or
any subsequent year, see section 323 of Pub. L. 87-703, set out as a
note under section 1301 of this title.
Amendment by act July 3, 1948, effective Jan. 1, 1950, see section
303 of act July 3, 1948, set out as a note under section 1301 of this
title.
Section inapplicable to 1991 through 1995 crops of wheat, see section
303 of Pub. L. 101-624, set out as a note under section 1331 of this
title.
Section inapplicable to 1986 crop of wheat, see section 310(a) of
Pub. L. 99-198, set out as a note under section 1332 of this title.
Section inapplicable to 1982 through 1985 crops of wheat, see section
303 of Pub. L. 97-98, set out as a note under section 1331 of this
title.
Section inapplicable to 1978 through 1981 crops of wheat, see section
404 of Pub. L. 95-113, set out as a note under section 1331 of this
title.
Pub. L. 91-524, title IV, 404(2), Nov. 30, 1970, 84 Stat. 1366, as
amended by Pub. L. 93-86, 1(11), Aug. 10, 1973, 87 Stat. 229,
provided that this section is not applicable to 1972 through 1977 crops
of wheat.
Proclamation of a national acreage allotment for 1965 crop of wheat
that will make available an adequate supply of wheat but shall not be
less than forty-nine million five hundred thousand acres, see section
201 of Pub. L. 88-297, set out as a note under section 1332 of this
title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
07 USC 1334. Apportionment of national acreage allotment
TITLE 7 -- AGRICULTURE
(a) Apportionment among States; special acreage reserve
The national allotment for wheat, less a reserve of not to exceed 1
per centum thereof for apportionment as provided in this subsection and
less the special acreage reserve provided for in this subsection, shall
be apportioned by the Secretary among the States on the basis of the
preceding year's allotment for each such State, including all amounts
allotted to the State and including for 1967 the increased acreage in
the State allotted for 1966 under section 1335 of this title, adjusted
to the extent deemed necessary by the Secretary to establish a fair and
equitable apportionment base for each State, taking into consideration
established crop rotation practices, estimated decrease in farm
allotments because of loss of history, and other relevant factors. The
reserve acreage set aside herein for apportionment by the Secretary
shall be used (1) to make allotments to counties in addition to the
county allotments made under subsection (b) of this section, on the
basis of the relative needs of counties for additional allotments
because of reclamation and other new areas coming into production of
wheat, or (2) to increase the allotment for any county, in which wheat
is the principal grain crop produced, on the basis of its relative need
for such increase if the average ratio of wheat acreage allotment to
cropland on old wheat farms in such county is less by at least 20 per
centum than such average ratio on old wheat farms in an adjoining county
or counties in which wheat is the principal grain crop produced or if
there is a definable contiguous area consisting of at least 10 per
centum of the cropland acreage in such county in which the average ratio
of wheat acreage allotment to cropland on old wheat farms is less by at
least 20 per centum than such average ratio on the remaining old wheat
farms in such county, provided that such low ratio of wheat acreage
allotment to cropland is due to the shift prior to 1951 from wheat to
one or more alternative income-producing crops which, because of plant
disease or sustained loss of markets, may no longer be produced at a
fair profit and there is no other alternative income-producing crop
suitable for production in the area or county. The increase in the
county allotment under clause (2) of the preceding sentence shall be
used to increase allotments for old wheat farms in the affected area to
make such allotments comparable with those on similar farms in adjoining
areas or counties but the average ratio of increased allotments to
cropland on such farms shall not exceed the average ratio of wheat
acreage allotment to cropland on old wheat farms in the adjoining areas
or counties. There also shall be made available a special acreage
reserve of not in excess of one million acres as determined by the
Secretary to be desirable for the purposes hereof which shall be in
addition to the national acreage reserve provided for in this
subsection. Such special acreage reserve shall be made available to the
States to make additional allotments to counties on the basis of the
relative needs of counties, as determined by the Secretary, for
additional allotments to make adjustments in the allotments on old wheat
farms (that is, farms on which wheat has been seeded or regarded as
seeded to one or more of the three crops immediately preceding the crop
for which the allotment is established) on which the ratio of wheat
acreage allotment to cropland on the farm is less than one-half the
average ratio of wheat acreage allotment to cropland on old wheat farms
in the county. Such adjustments shall not provide an allotment for any
farm which would result in an allotment-cropland ratio for the farm in
excess of one-half of such county average ratio and the total of such
adjustments in any county shall not exceed the acreage made available
therefor in the county. Such apportionment from the special acreage
reserve shall be made only to counties where wheat is a major
income-producing crop, only to farms on which there is limited
opportunity for the production of an alternative income-producing crop,
and only if an efficient farming operation on the farm requires the
allotment of additional acreage from the special acreage reserve. For
the purposes of making adjustments hereunder the cropland on the farm
shall not include any land developed as cropland subsequent to the 1963
crop year.
(b) Apportionment among counties
The State acreage allotment for wheat, less a reserve of not to
exceed 3 per centum thereof for apportionment as provided in subsection
(c) of this section, shall be apportioned by the Secretary among the
counties in the State, on the basis of the preceding year's wheat
allotment in each such county, including for 1967 the increased acreage
in the county allotted for 1966 pursuant to section 1335 of this title,
adjusted to the extent deemed necessary by the Secretary in order to
establish a fair and equitable apportionment base for each county,
taking into consideration established crop rotation practices, estimated
decrease in farm allotments because of loss of history, and other
relevant factors.
(c) Apportionment among farms; overplanted allotments; reductions;
notice
(1) The allotment to the county shall be apportioned by the
Secretary, through the local committees, among the farms within the
county on the basis of past acreage of wheat, tillable acres,
crop-rotation practices, type of soil, and topography. Not more than 3
per centum of the State allotment shall be apportioned to farms on which
wheat has not been planted during any of the three marketing years
immediately preceding the marketing year in which the allotment is made.
For the purpose of establishing farm acreage allotments -- (i) the past
acreage of wheat on any farm for 1958 or 1965 shall be the base acreage
determined for the farm under the regulations issued by the Secretary
for determining 1958 or 1965 farm wheat acreage allotments; (ii) if
subsequent to the determination of such base acreage the 1958 or 1965
wheat acreage allotment for the farm is increased through
administrative, review, or court proceedings, the 1958 or 1965 farm base
acreage shall be increased in the same proportion; and (iii) the past
acreage of wheat for 1959 and any subsequent year except 1965 shall be
the wheat acreage on the farm which is not in excess of the farm wheat
acreage allotment, plus, in the case wheat acreage on the farm which is
not in excess of wheat acreage allotment, the acreage diverted under
such wheat allotment programs: Provided, That for 1959 and subsequent
years in the case of any farm on which the entire amount of the farm
marketing excess is delivered to the Secretary or stored in accordance
with applicable regulations to avoid or postpone payment of the penalty,
the past acreage of wheat for the year in which such farm marketing
excess is so delivered or stored shall be the farm base acreage of wheat
determined for the farm under the regulations issued by the Secretary
for determining farm wheat acreage allotments for such year, but if any
part of the amount of wheat so stored is later depleted and penalty
becomes due by reason of such depletion, for the purpose of establishing
farm wheat acreage allotments subsequent to such depletion the past
acreage of wheat for the farm for the year in which the excess was
produced shall be reduced to the farm wheat acreage allotment for such
year.
(2) Notwithstanding any other provision of law, each old or new farm
acreage allotment for the 1962 crop of wheat as determined on the basis
of a minimum national acreage allotment of fifty-five million acres
shall be reduced by 10 per centum. In the event notices of farm acreage
allotments for the 1962 crop of wheat have been mailed to farm operators
prior to the effective date of this subparagraph (2), new notices
showing the required reduction shall be mailed to farm operators as soon
as practicable.
(3) Notwithstanding the provisions of paragraph (1) of this
subsection, the past acreage of wheat for 1967 and any subsequent year
shall be the acreage of wheat planted, plus the acreage regarded as
planted, for harvest as grain on the farm which is not in excess of the
farm acreage allotment.
(4) Notwithstanding any other provision of this subsection (c), the
farm acreage allotment for the 1967 and any subsequent crop of wheat
shall be established for each old farm by apportioning the county wheat
acreage allotment among farms in the county on which wheat has been
planted, or is considered to have been planted, for harvest as grain in
any one of the three years immediately preceding the year for which
allotments are determined on the basis of past acreage of wheat and the
farm acreage allotment for the year immediately preceding the year for
which the allotment is being established, adjusted as hereinafter
provided. For purposes of this paragraph, the acreage allotment for the
immediately preceding year may be adjusted to reflect established
crop-rotation practices, may be adjusted downward to reflect a reduction
in the tillable acreage on the farm, and may be adjusted upward to
reflect such other factors as the Secretary determines should be
considered for the purpose of establishing a fair and equitable
allotment: Provided, That (i) for the purposes of computing the
allotment for any year, the acreage allotment for the farm for the
immediately preceding year shall be decreased by 7 per centum if for the
year immediately preceding the year for which such reduction is made
neither a voluntary diversion program nor a voluntary certificate
program was in effect and there was noncompliance with the farm acreage
allotment for such year; (ii) for purposes of clause (i), any farm on
which the entire amount of farm marketing excess is delivered to the
Secretary, stored, or adjusted to zero in accordance with applicable
regulations to avoid or postpone payment of the penalty when farm
marketing quotas are in effect, shall be considered in compliance with
the allotment, but if any part of the amount of wheat so stored is later
depleted and penalty becomes due by reason of such depletion, the
allotment for such farm next computed after determination of such
depletion shall be reduced by reducing the allotment for the immediately
preceding year by 7 per centum; and (iii) for purposes of clause (i) if
the Secretary determines that the reduction in the allotment does not
provide fair and equitable treatment to producers on farms following
special crop rotation practices, he may modify such reduction in the
allotment as he determines to be necessary to provide fair and equitable
treatment to such producers.
(d) Repealed. Pub. L. 89-321, title V, 501(6), Nov. 3, 1965, 79
Stat. 1201
(e) Increase in acreage allotments and marketing quotas for class II
durum wheat
If, with respect to the 1962 and 1963 crops of wheat, the Secretary
determines that the acreage allotments of farms producing durum wheat
are inadequate to provide for the production of a sufficient quantity of
durum wheat to satisfy the demands therefor (but not including export
demand involving a subsidy by, or a loss to, the Federal Government), he
shall increase the farm marketing quotas and acreage allotments for such
crop of wheat for farms located in counties in the States of North
Dakota, Minnesota, Montana, South Dakota, and California, designated by
the Secretary as counties which (1) are capable of producing durum wheat
(class II), and (2) have produced such wheat for commercial food
products during one or more of the five years immediately preceding the
year in which such crop is harvested. The Secretary shall determine the
percentage factor by which the average acreage of durum wheat (class II)
produced during the last two-year period for which statistics are
available (excluding any increases in durum wheat acreage as a result of
increases in wheat acreage allotments authorized by this subsection)
must be increased to satisfy such demand. The wheat acreage allotment
for any farm established for such crop without regard to this
subsection, after reduction in the case of the 1962 crop as required by
subsection (c)(2) of this section (hereinafter referred to as the
''original allotment''), shall be increased by an acreage computed by
multiplying the average acreage of durum wheat (class II) on the farm
during such two-year period (excluding any increase in the acreage of
durum wheat as a result of an increase in the wheat acreage allotment
for the farm authorized by this subsection) by such percentage factor:
Provided, That such increased allotment shall not exceed the cropland on
the farm well suited to wheat. The increase in the wheat acreage
allotment for any farm shall be conditioned upon the production of an
acreage of durum wheat (class II) at least equal to the average acreage
of such wheat produced during such two-year period plus the number of
acres by which the allotment is increased. Any increases in wheat
acreage allotments authorized by this subsection shall be in addition to
the National, State, and county wheat acreage allotments, and such
increases shall not be considered in establishing future State, county,
and farm allotments. The provisions of sections 1326(b) and 1340(6) of
this title, relating to the reduction of the storage amount of wheat
shall apply to the allotment for the farm established without regard to
this subsection and not to the increased allotment under this
subsection. As used in this subsection the term ''durum wheat'' means
durum wheat (class II) other than the varieties known as ''Golden Ball''
and ''Peliss''. Any farm receiving an increased allotment under this
subsection shall not be required as a condition of eligibility for price
support, or permitted, to participate in the special 1962 wheat program
formulated under section 124 of the Agricultural Act of 1961, or section
307 of the Food and Agriculture Act of 1962. The Secretary shall give
growers and millers of durum wheat and manufacturers of semolina
products an opportunity to present their views and recommendations,
prior to making any determination hereunder.
(f) Voluntary surrender of acreage allotment
Any part of any 1955, 1956, or 1957 farm wheat acreage allotment on
which wheat will not be planted and which is voluntarily surrendered to
the county committee shall be deducted from the allotment to such farm
and may be reapportioned by the county committee to other farms in the
same county receiving allotments in amounts determined by the county
committee to be fair and reasonable on the basis of past acreage of
wheat tillable acres, crop rotation practices, type of soil, and
topography. If all of the allotted acreage voluntarily surrendered is
not needed in the county, the county committee may surrender the excess
acreage to the State committee to be used for the same purposes as the
State acreage reserve under subsection (c) of this section. Any
allotment transferred under this provision shall be regarded for the
purposes of subsection (c) of this section as having been planted on the
farm from which transferred rather than on the farm to which
transferred, except that this shall not operate to make the farm from
which the allotment was transferred eligible for an allotment as having
wheat planted thereon during the three-year base period: Provided, That
notwithstanding any other provisions of law, any part of any 1955, 1956,
or 1957 farm acreage allotment may be permanently released in writing to
the county committee by the owner and operator of the farm, and
reapportioned as provided herein. Acreage surrendered, reapportioned
under this subsection, and planted shall be credited to the State and
county in determining future acreage allotments.
(g) Plantings in excess of allotments or where no allotment is
established
Notwithstanding any other provision of law, no acreage in the
commercial wheat-producing area seeded to wheat for harvest as grain in
1958 or thereafter except 1965 in excess of acreage allotments shall be
considered in establishing future State and county acreage allotments.
The planting on a farm in the commercial wheat-producing area of wheat
of the 1958 or any subsequent crop for which no farm wheat acreage
allotment was established shall not make the farm eligible for an
allotment as an old farm pursuant to the first sentence of subsection
(c) of this section nor shall such farm by reason of such planting be
considered ineligible for an allotment as a new farm under the second
sentence of such subsection.
(h) Omitted
(i) Increase in acreage allotments for any kind of wheat in short
supply; storage reduction and land-use provisions inapplicable to such
wheat
If, with respect to any crop of wheat, the Secretary finds that the
acreage allotments of farms producing any type of wheat are inadequate
to provide for the production of a sufficient quantity of such type of
wheat to satisfy the demand therefor, the wheat acreage allotment for
such crop for each farm located in a county designated by the Secretary
as a county which (1) is capable of producing such type of wheat, and
(2) has produced such type of wheat for commercial food products during
one or more of the five years immediately preceding the year in which
such crop is harvested, shall be increased by such uniform percentage as
he deems necessary to provide for such quantity. No increase shall be
made under this subsection in the wheat acreage allotment of any farm
for any crop if any wheat other than such type of wheat is planted on
such farm for such crop. Any increases in wheat acreage allotments
authorized by this subsection shall be in addition to the National,
State, and county wheat acreage allotments, and such increases shall not
be considered in establishing future State, county, and farm allotments.
The provisions of sections 1326(b) and 1340(6) of this title, relating
to the reduction of the storage amount of wheat shall apply to the
allotment for the farm established without regard to this subsection and
not to the increased allotment under this subsection. The land-use
provisions of section 1339 of this title shall not be applicable to any
farm receiving an increased allotment under this subsection and the
producers on such farms shall not be required to comply with such
provisions as a condition of eligibility for price support.
(j) Increased durum wheat acreage allotments to Tulelake area,
California, for 1970 and subsequent years; factors determinative;
effect of increased allotments on marketing allocations and diversion
payments
Notwithstanding any other provision of this chapter, the Secretary
shall increase the acreage allotments for the 1970 and subsequent crops
of wheat for privately owned farms in the irrigable portion of the area
known as the Tulelake division of the Klamath project of California
located in Modoc and Siskiyou Counties, California, as defined by the
United States Department of the Interior, Bureau of Reclamation, and
hereinafter referred to as the area. The increase for the area for each
such crop shall be determined by adding, to the extent applications are
made therefor, to the total allotments established for privately owned
farms in the area for the particular crop without regard to this
subsection (hereinafter referred to as the original allotments) an
acreage sufficient to make available for each such crop a total
allotment of twelve thousand acres for the area. The additional
allotments made available by this subsection shall be in addition to the
National, State, and county allotments otherwise established under this
section, and the acreage planted to wheat pursuant to such increases in
allotments shall not be taken into account in establishing future State,
county, and farm acreage allotments except as may be desirable in
providing increases in allotments for subsequent years under this
subsection for the production of Durum /1/ wheat. The Secretary shall
apportion the additional allotment acreage made available under this
subsection between Modoc and Siskiyou Counties on the basis of the
relative needs for additional allotments for the portion of the area in
each county. The Secretary shall allot such additional acreage to
individual farms in the area for which applications for increased
acreages are made on the basis of tillable acres, crop rotation
practices, type of soil and topography, and the original allotment for
the farm, if any. The increase in the wheat acreage allotment for any
farm under this subsection (1) shall not be taken into account in
computing the farm wheat marketing allocation under section 1379b of
this title, and (2) shall be conditioned upon the production of Durum
/1/ wheat on the original allotment and on the increased acreage. The
producers on a farm receiving an increased allotment under this
subsection shall not be eligible for diversion payments under section
1339 of this title.
(k) Transfer of farm wheat acreage allotments in case of natural
disasters
Notwithstanding any other provision of this chapter, if the Secretary
determines that because of a natural disaster a portion of the farm
wheat acreage allotments in a county cannot be timely planted or
replanted, he may authorize the transfer of all or a part of the wheat
acreage allotment for any farm in the county so affected to another farm
in the county or in an adjoining county on which one or more of the
producers on the farm from which the transfer is to be made will be
engaged in the production of wheat and will share in the proceeds
thereof, in accordance with such regulations as the Secretary may
prescribe. Any farm allotment transferred under this subsection shall
be deemed to be planted on the farm from which it was transferred for
the purposes of acreage history credits under this chapter.
(Feb. 16, 1938, ch. 30, title III, 334, 52 Stat. 53; Apr. 7, 1938,
ch. 107, 7, 52 Stat. 203; Feb. 6, 1942, ch. 44, 2, 56 Stat. 52; July
14, 1953, ch. 194, 1, 67 Stat. 151; Jan. 30, 1954, ch. 2, 4, 68 Stat.
6; Aug. 28, 1954, ch. 1041, title III, 308, 68 Stat. 903; Feb. 19,
1955, ch. 8, 69 Stat. 9; Mar. 16, 1956, ch. 86, 70 Stat. 50; May 28,
1956, ch. 327, title III, 301, 70 Stat. 203; Aug. 7, 1956, ch. 1030, 2,
70 Stat. 1117; Apr. 2, 1957, Pub. L. 85-13, 71 Stat. 10; Aug. 28,
1957, Pub. L. 85-203, 2, 71 Stat. 477; Apr. 4, 1958, Pub. L. 85-366, 72
Stat. 78; May 1, 1958, Pub. L. 85-390, 72 Stat. 101; Feb. 16, 1938,
ch. 30, title III, 378(d), as added Aug. 28, 1958, Pub. L. 85-835,
title V, 501, 72 Stat. 996; Feb. 20, 1960, Pub. L. 86-385, 74 Stat. 4;
Apr. 9, 1960, Pub. L. 86-419, 74 Stat. 39; Aug. 8, 1961, Pub. L.
87-128, title I, 121, 125, 75 Stat. 296, 300; Oct. 4, 1961, Pub. L.
87-357, 75 Stat. 778; Sept. 27, 1962, Pub. L. 87-703, title III,
308(a), 313, 76 Stat. 618, 620; July 17, 1963, Pub. L. 88-64, 77 Stat.
79; Apr. 11, 1964, Pub. L. 88-297, title II, 202(1)-(5), 78 Stat. 178,
179; Nov. 3, 1965, Pub. L. 89-321, title V, 501(3)-(7), 79 Stat.
1199-1201; Jan. 2, 1968, Pub. L. 90-243, 81 Stat. 781; Mar. 31, 1970,
Pub. L. 91-220, 84 Stat. 86; Dec. 23, 1985, Pub. L. 99-198, title III,
304, 99 Stat. 1379.)
Section 124 of the Agricultural Act of 1961, referred to in subsec.
(e), is section 124 of Pub. L. 87-128 which was set out below.
Section 307 of the Food and Agriculture Act of 1962, referred to in
subsec. (e), is section 307 of Pub. L. 87-703 which was set out below.
For omission of subsec. (h), see 1963 Amendment note below.
1985 -- Pub. L. 99-198, in amending section generally, temporarily
substituted ''Farm marketing quotas'' for ''Apportionment of national
acreage allotment'' in section catchline. See Effective and Termination
Dates of 1985 Amendment note below.
Subsec. (a). Pub. L. 99-198 amended subsec. (a) generally,
temporarily substituting provisions requiring the Secretary to
establish, for each crop of wheat for which a national marketing quota
under section 1332 of this title has been proclaimed, a farm marketing
quota for each farm on which wheat was planted, or considered planted,
for harvest during the base period for provisions which required the
Secretary to apportion the national acreage allotment for wheat, less a
national acreage reserve and a special reserve which were provided for
herein, among the States on the basis of each State's allotment for the
preceding year, adjusted to the extent deemed necessary by the Secretary
to establish a fair and equitable apportionment base for each State.
See Effective and Termination Dates of 1985 Amendment note below.
Subsec. (b). Pub. L. 99-198 amended subsec. (b) generally,
temporarily substituting provisions establishing a formula for
determination of the farm marketing quota for provisions which required
the Secretary to apportion each State's acreage allotment for wheat
among the counties of the State, less a reserve not to exceed 3 per
centum thereof, on the basis of the preceding year's wheat allotment in
each such county, adjusted to the extent deemed necessary by the
Secretary in order to establish a fair and equitable apportionment base
for each county. See Effective and Termination Dates of 1985 Amendment
note below.
Subsec. (c). Pub. L. 99-198 amended subsec. (c) generally,
temporarily substituting provisions defining the circumstances under
which wheat shall be considered to have been planted for harvest on the
farm in any crop year for provisions relating to the apportionment among
farms of each county's allotment under this section. See Effective and
Termination Dates of 1985 Amendment note below.
Subsec. (d). Pub. L. 99-198, in amending section generally,
temporarily added subsec. (d).
Subsecs. (e) to (k). Pub. L. 99-198, in amending section generally,
temporarily struck out subsecs. (e) to (k) as follows:
Subsec. (e) related to increase in acreage allotments and marketing
quotas for class II durum wheat.
Subsec. (f) related to voluntary surrender of acreage allotments for
1955, 1956, and 1957 crops of wheat.
Subsec. (g) related to plantings in excess of allotments or where no
allotment was established, in the case of 1958 and subsequent crops of
wheat.
Subsec. (h). There is no subsec. (h) for 1964 and subsequent crop
years. Subsec. (h) was omitted pursuant to the 1963 amendment to this
section by Pub. L. 88-64. See 1963 Amendments note set out under this
section.
Subsec. (i) related to an increase in acreage allotments for any kind
of wheat in short supply, and enumerated provisions of law inapplicable
to such wheat.
Subsec. (j) related to increased durum wheat acreage allotments to
the Tulelake area in California for 1970 and subsequent crops of wheat.
Subsec. (k) related to transfer of farm wheat acreage allotments in
case of natural disasters.
See Effective and Termination Dates of 1985 Amendment note below.
1970 -- Subsec. (j). Pub. L. 91-220 removed the 1963 deadline on the
Secretary's power to increase acreage allotments, empowering him to do
so for the 1970 and subsequent wheat crops, made the area increase for
each crop determinable, among other factors, by the extent to which
applications are received therefor, removed requirement that acreage
planted to wheat pursuant to increased allotments be considered in
establishing future state, county and farm acreage allotments except
where such consideration may be desirable in providing increased
allotments for production of Durum wheat in subsequent years,
conditioned wheat acreage allotments upon the production of Durum wheat
on the original and increased acreage allotment, prohibited
consideration of the increased acreage allotment in computing the farm
wheat marketing allocation under section 1379b of this title, made
producers on farms receiving increased allotments ineligible for
diversion payments under section 1339 of this title, and struck out
provisions prohibiting such producers from receiving price support,
provisions making land use rules of section 1339 of this title
inapplicable to farms receiving additional allotments, and provisions
relating to 1962 and 1963 wheat crops.
1968 -- Subsec. (a). Pub. L. 90-243 inserted provisions allowing the
Secretary to make additional use, with specified limitations, of the 1
percent national wheat acreage allotment reserve in counties which have
wheat as the principal grain crop, an average ratio of wheat acreage
allotment to cropland on old wheat farms at least 20 percent below that
in an adjoining county or alternative ratio, a low ratio caused by a
shift prior to 1951 from wheat to an alternative crop or crops which
have become unprofitable because of plant disease or sustained loss of
markets, and no alternative income-producing crop.
1965 -- Subsec. (a). Pub. L. 89-321, 501(3), substituted the
preceding year's allotment for the acreage seeded for the production of
wheat over the preceding ten-year period as the basis for determining
the state's apportioned share of the national acreage allotment and made
provision for a special acreage reserve to be apportioned only to
counties where wheat is a major income-producing crop.
Subsec. (b). Pub. L. 89-321, 501(4), substituted the county's
allotment covering the preceding year for the acreage seeded for the
production of wheat during the ten calendar years immediately preceding
the calendar year in which the national acreage allotment is determined
as the basis for determining the county's allotment.
Subsec. (c)(3), (4). Pub. L. 89-321, 501(5), added pars. (3) and
(4).
Subsec. (d). Pub. L. 89-321, 501(6), repealed subsec. (d) dealing
with farms on which the entire amount of the farm marketing excess has
been delivered to the Secretary or stored in accordance with applicable
provisions.
Subsec. (g). Pub. L. 89-321, 501(7), struck out ''except as
prescribed in the provisos to the first sentence of subsections (a) and
(b) respectively of this section'' after ''county acreage allotments.''
1964 -- Subsec. (a). Pub. L. 88-297, 202(1), provided (1) for the
apportionment among the States of the national acreage allotment for
wheat less the special acreage reserve; (2) that in establishing State
acreage allotments, the acreage seeded for the production of wheat plus
the acreage diverted for 1965 for any farm shall be the base acreage of
wheat determined for the farm under regulations for determining farm
wheat acreage allotments for 1965; and (3) beginning with the 1965
crop, a special acreage reserve and uses of such reserve and
apportionment to counties of such reserve.
Subsec. (b). Pub. L. 88-297, 202(2), provided that in establishing
county acreage allotments, the acreage seeded for the production of
wheat plus the acreage diverted for 1965 for any farm shall be the base
acreage of wheat determined for the farm under regulations for
determining farm wheat acreage allotments for 1965.
Subsec. (c)(1). Pub. L. 88-297, 202(3), inserted in third sentence,
cls. (i) and (ii), ''or 1965'' after ''1958'' wherever appearing and in
third sentence, cl. (iii), ''except 1965'' after ''any subsequent
year.''
Subsec. (g). Pub. L. 88-297, 202(4), inserted in first sentence
''except 1965'' after ''in 1958 or thereafter''.
Subsec. (k). Pub. L. 88-297, 202(5), added subsec. (k).
1963 -- Subsec. (h). There is no subsec. (h) for 1964 and
Subsequent Wheat Crops. Pub. L. 87-703, 313(2), redesignated former
subsec. (i) (so designated through the 1963 Wheat Crop) as (h). Pub.
L. 88-64, 1(a), redesignated former subsec. (i) (so designated through
the 1963 Wheat Crop) as (j).
Subsec. (i). Pub. L. 88-64, 1(a), redesignated former subsec. (i) (so
designated through the 1963 Wheat Crop) as (j). Pub. L. 87-703, 313(4),
added subsec. (i) (effective with the 1964 Wheat Crop). See 1962
Amendment note hereunder.
Subsec. (j). Pub. L. 88-64 redesignated former subsec. (i) (so
designated through the 1963 Wheat Crop) as (j), inserted ''privately
owned'' before ''farms'' in first and second sentences and increased
from eight to twelve thousand acres the total acreage allotment for each
crop.
1962 -- Subsec. (e). Pub. L. 87-703, 308(a), 313(1), inserted
provision respecting participation in the special wheat program
formulated under section 307 of the Food and Agriculture Act of 1962 and
substituted ''the 1962 and 1963 crops'' for ''any of the 1962, 1963, and
1964 crops'', respectively.
Subsec. (g). Pub. L. 87-703, 313(2), redesignated former subsec. (h)
as (g). Former subsec. (g), which related to weather conditions,
underplanting, and subnormal production affecting acreage allotments,
was repealed by such section 313(2). See section 1377 of this title.
Subsec. (h). Pub. L. 87-703, 313 (2), (3), redesignated former
subsec. (i) as (h) and inserted the sentence ''The land-use provisions
of section 1339 of this title shall not be applicable to any farm
receiving an additional allotment under this subsection.'' Former
subsec. (h) redesignated (g). See Effective Date of 1962 Amendment
note below making the changes effective with the 1964 Wheat Crop. Pub.
L. 88-64, 1(a), redesignated former subsec. (i) (so designated through
the 1963 Wheat Crop) as (j). There is no subsec. (h) for 1964 and
Subsequent Wheat Crops. See 1963 Amendment note above.
Subsec. (i). Pub. L. 87-703, 313(4), added subsec. (i). Former
subsec. (i) redesignated (h).
1961 -- Subsec. (c). Pub. L. 87-128, 121, designated existing
provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 87-128, 125, authorized the Secretary to
increase durum wheat acreage allotment during 1962, 1963, and 1964 crops
of wheat when he determines that acreage allotments established for
durum wheat farms will be inadequate to produce a sufficient quantity of
durum wheat to meet demand therefor, not including export demand
involving a subsidy by or loss to the Federal Government, by such
percentage factor as is determined to be necessary to provide for the
increase in quantity the increase not to exceed the cropland on the farm
well suited to wheat and to be conditioned upon the production of an
acreage of durum wheat (class II) at least equal to the average acreage
of such wheat produced during prescribed two-year period plus the number
of acres by which the allotment is increased, provided that any farm
receiving an increased durum wheat allotment shall not be required as a
condition of price support, or permitted, to participate in the special
1962 wheat diversion program, and required the Secretary to become
familiar with the views and recommendations of durum wheat grower and
millers and manufacturers of semolina products prior to making any
determinations. Former provisions of the subsection related to increase
in allotment for durum wheat farms for 1957 crop of wheat, conditioned
upon the production of durum wheat (class II) on the increased acreage
and determined by adding to the allotment established without regard to
subsec. (e) an acreage equal to the acreage by which the original
allotment exceeded the 1957 acreage on the farm of classes of wheat
other than durum wheat (class II), but not exceeding the smaller of the
cropland on the farm well suited to wheat or the wheat acreage on the
farm.
Subsec. (i). Pub. L. 87-357 substituted ''1958 through 1963'' for
''1958 through 1961'', and excluded from any general reduction in farm
acreage allotments or farm acreage diversion program for the 1962 or
1963 wheat crop, the farms for which acreage allotments are increased
under the provisions hereof, unless such reduction is specifically made
applicable.
1960 -- Subsec. (d). Pub. L. 86-419 added subsec. (d).
Subsec. (i). Pub. L. 86-385 substituted ''1958 through 1961'' for
''1958 and 1959''.
1958 -- Subsec. (a). Pub. L. 85-366, 1(1), inserted proviso that in
establishing State acreage allotments acreage seeded plus acreage
diverted for 1959 and subsequent years for farm on which entire
marketing excess is delivered to Secretary or stored to avoid penalty
shall be base acreage determined for farm by Secretary's regulations for
such year, but if such stored wheat is subsequently depleted, resulting
in penalty, farm's seeded plus diverted acreage for year excess was
produced shall be reduced to acreage allotment for such year.
Subsec. (b). Pub. L. 85-366, 1(2), inserted proviso that in
establishing county acreage allotments acreage seeded plus acreage
diverted for 1959 and subsequent years for farm on which entire
marketing excess is delivered to Secretary or stored to avoid penalty
shall be base acreage determined for farm by Secretary's regulations for
such year, but if such stored wheat is subsequently depleted, resulting
in penalty, farm's seeded plus diverted acreage for year excess was
produced shall be reduced to acreage for such year.
Subsec. (c). Pub. L. 85-366, 1(3), inserted sentence relating to
establishment of farm acreage allotment for 1958 and past acreage for
1959 and subsequent years, with the proviso that for 1959 and subsequent
years, any farm on which entire marketing excess is delivered to
Secretary or stored to avoid penalty, the past acreage for the year of
delivery or storage shall be the base acreage determined for farm by
Secretary's regulations for such year, but if such stored wheat is
subsequently depleted, resulting in penalty, past acreage of wheat for
year excess was produced shall be reduced to farm allotment for such
year.
Subsec. (d). Act Feb. 16, 1938, 378(d), as added by Pub. L.
85-835, repealed subsec. (d) which related to adjustment of allotment
upon acquisition of part of farms by United States for defense.
Subsec. (h). Pub. L. 85-366, 1(4), substituted ''future State and
county acreage allotments except as prescribed in the provisos to the
first sentence of subsections (a) and (b), respectively, of this
section'' for ''future State, county, and farm acreage allotments''.
Subsec. (i). Pub. L. 85-390 added subsec. (i).
1957 -- Subsec. (e). Pub. L. 85-13 substituted ''1957'' for ''1956''
in two places, substituted ''1952 through 1956'' for ''1951 through
1955'', prohibited increase of acreage allotment under subsec. (e) by
more than 60 acres, inserted clause providing for fixing ''farm acreage
allotment'' as allotment established without regard to subsec. (e) and
clause providing for counting each acre planted to durum wheat as
one-half acre of wheat for application of section 1821(a)(1) of this
title, and inserted provision that ''wheat acreage on the farm''
includes acreage in the wheat acreage report.
Subsec. (h). Pub. L. 85-203 added subsec. (h).
1956 -- Subsec. (e). Act Mar. 16, 1956, extended increased durum
allotment to the 1956 crop and to certain counties in California,
shortened the production history from 10 to 5 years and advanced it 1
year to include 1955, and made increased durum allotment dependent upon
reduced planting of other wheat.
Subsec. (f). Act May 28, 1956, substituted ''1955, 1956, or 1957''
for ''1955'', in two places.
Subsec. (g). Act Aug. 7, 1956, added subsec. (g).
1955 -- Subsec. (e). Act Feb. 19, 1955, removed for 1955,
requirements restricting increased acreage allotments to producers who
devote a normal share of their original allotment to durum and who have
produced durum in 1 or more of the preceding 3 years.
1954 -- Subsec. (e). Act Jan. 30, 1954, added subsec. (e).
Subsec. (f). Act Aug. 28, 1954, added subsec. (f).
1953 -- Subsec. (a). Act July 14, 1953, provided a reserve of up to
1 percent of the national acreage allotment for counties in which new
areas have come into production.
Subsec. (b). Act July 14, 1953, provided for a 3 percent reserve of
State acreage allotments for new farms.
Subsec. (c). Act July 14, 1953, recognized the use of past acreage as
a factor in making farm allotments and placed the reserves for new farms
on a State basis instead of a county basis.
Subsec. (d). Act July 14, 1953, made the provision relating to farms
acquired for national-defense purposes apply to farms acquired in 1950
or thereafter instead of 1940 or thereafter.
1942 -- Subsec. (d). Act Feb. 6, 1942, added subsec. (d).
1938 -- Subsec. (b). Act Apr. 7, 1938, struck out ''net'' before
''acreage diverted'' from parenthetical provision.
Section 304 of Pub. L. 99-198 provided that the amendment made by
that section is effective only for 1987 throug