Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "7 U.S.C. § 1421a"
description: "Financial impact study"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 7
title_name: "AGRICULTURE"
chapter_number: "35A"
chapter_name: "PRICE SUPPORT OF AGRICULTURAL COMMODITIES"
section: "1421a"
citation: "7 U.S.C. § 1421a"
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# 7 U.S.C. § 1421a - Financial impact study
## Text
(a) Study The Secretary of Agriculture shall conduct an annual study of the financial impact of the support levels established and announced by the Secretary under programs contained in the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.] (hereafter in this section referred to as “programs”), including a study of the effect of the support levels on the ability of producers to meet their financial obligations (with special emphasis on borrowers from the Farmers Home Administration and the Farm Credit System).
(b) Report The Secretary shall annually prepare a report containing the results of the study and submit the report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, not later than the date of the final announcement for the programs by the Secretary for any 1 year.
(c) Informational purposes The study under this section (including the study of the effect of the support levels on the ability of producers to meet their financial obligations) shall be only for informational purposes and for Congressional oversight and shall not give rise to any cause of action, be a basis for, or be used as evidence in support of, any claim or right of any person, including farmers and borrowers, in any administrative or judicial proceeding.
(Pub. L. 101624, title XI, § 1147, Nov. 28, 1990, 104 Stat. 3516.)
## Notes
Editorial Notes
References in TextThe Agricultural Act of 1949, referred to in subsec. (a), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Codification Section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as a note under section 1421 of this title.
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description: "Costs of production"
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title_number: 7
title_name: "AGRICULTURE"
chapter_number: "35A"
chapter_name: "PRICE SUPPORT OF AGRICULTURAL COMMODITIES"
section: "1421b"
citation: "7 U.S.C. § 1421b"
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# 7 U.S.C. § 1421b - Costs of production
## Text
Congress finds that, to improve the accuracy of commodity program benefit forecasts, the Secretary of Agriculture should designate a single organization to manage its commodity program forecasting and establish a quality control program to—
(1) systematically identify the source of forecasting errors;
(2) maintain records of data used for supply and demand forecasts;
(3) document its forecasting methods; and
(4) correct weaknesses in its various forecasting components.
(Pub. L. 101624, title XXV, § 2512, Nov. 28, 1990, 104 Stat. 4073; Pub. L. 10466, title I, § 1011(b), Dec. 21, 1995, 109 Stat. 709.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1995—Pub. L. 10466 struck out subsec. (a) designation and heading “Improving accuracy of commodity program budget forecasts” before “Congress finds that”, and struck out subsec. (b) “Return on assets” which read as follows: “The Secretary of Agriculture shall annually publish a report analyzing the return on assets resulting from the production of upland cotton, rice, wheat, corn, oats, barley, grain sorghum, soybeans, peanuts, sugar from sugar beets, and raw sugar from sugar cane. In conducting this analysis, the Secretary shall consider returns from agricultural price support programs, the effects of agricultural price support programs on cost of production, the factors currently used in Department of Agriculture cost of production data, current value of land, and any other information that he considers necessary to reflect accurately return on the production of such crops.”
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# 7 U.S.C. § 1421c - Repealed. Pub. L. 10466, title I, § 1011(c), Dec. 21, 1995, 109 Stat. 709
## Notes
Section, Pub. L. 101624, title XXV, § 2513, Nov. 28, 1990, 104 Stat. 4074, directed Secretary of Agriculture to develop system for informing consumers of farm value of agricultural products and to submit annual reports on such information to Congress.
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---
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description: "Commodity reports"
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kind: "code_section"
title_number: 7
title_name: "AGRICULTURE"
chapter_number: "35A"
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# 7 U.S.C. § 1421d - Commodity reports
## Text
(a) Crop reports The Secretary of Agriculture (hereafter in this section referred to as the “Secretary”) shall gather data from producers to be used to develop crop reports to be distributed by the Secretary during the growing season. The report shall contain statements of the conditions of those crops by State, with such explanations, comparisons, and information as may be useful for illustrating such reports.
(b) Special reports (1) In general In addition to the reports compiled pursuant to subsection (a), the Secretary shall annually survey producers for information for reports regarding supply, acreage, production, disposition, and prices for the following commodities as determined by the Secretary:
(A) 25 fresh market vegetables;
(B) 3 processing vegetables;
(C) 6 fruits and nuts;
(D) 17 forage and turf seeds;
(E) 50 vegetable seeds; and
(F) maple syrup.
(2) Administrative The Secretary shall annually prepare a report containing results of the surveys described in paragraph (1) in such States as determined by the Secretary. Such reports shall be submitted to and officially approved by the Secretary of Agriculture before being issued or published.
(c) Tree inventories The Secretary shall survey producers for information for reports regarding fruit and nut tree inventories. Such surveys and reports shall be conducted, printed, and distributed on a regular basis every 3 to 5 years as determined by the Secretary. Reports shall be submitted to and officially approved by the Secretary before being issued or published.
(d) Omitted
(e) Authorization There are authorized to be appropriated such sums as may be necessary to carry out this section.
(Pub. L. 101624, title XXV, § 2514, Nov. 28, 1990, 104 Stat. 4074.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. Section is comprised of section 2514 of Pub. L. 101624. Subsec. (d) of section 2514 of Pub. L. 101624 repealed section 411a of this title.
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# 7 U.S.C. § 1422 - Increase of price support levels
## Text
(a) Notwithstanding any other provision of this Act, price support at a level in excess of the maximum level of price support otherwise prescribed in this Act may be made available for any agricultural commodity if the Secretary determines, after a public hearing of which reasonable notice has been given, that price support at such increased level is necessary in order to prevent or alleviate a shortage in the supply of any agricultural commodity essential to the national welfare or in order to increase or maintain the production of any agricultural commodity in the interest of national security. The Secretarys determination and the record of the hearing shall be available to the public.
(b) Effective only for the 1991 through 1995 crops of wheat, feed grains, cotton, and rice, the Secretary of Agriculture may provide for annual adjustments in the established prices for such program crops to reflect any change during the last calendar year ending before the beginning of each such crop year in the index of prices paid by farmers for production items, interest, taxes, and wage rates in such calendar year.
(Oct. 31, 1949, ch. 792, title IV, § 402, 63 Stat. 1054; Pub. L. 101624, title XI, § 1127, Nov. 28, 1990, 104 Stat. 3508.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1990—Pub. L. 101624 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as a note under section 1421 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
Executive Documents
Exceptions From Transfer of Functions Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.
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# 7 U.S.C. § 1423 - Adjustments of support prices
## Text
(a) In general The Secretary may make appropriate adjustments in the support price for any commodity (excluding cotton) for differences in grade, type, quality, location and other factors. The adjustments shall, so far as practicable, be made in such manner that the average support price for the commodity will, on the basis of the anticipated incidence of such factors be equal to the level of support determined as provided in this Act. Beginning with the 1991 crops of wheat, feed grains, and soybeans for which price support is provided under this Act, the Secretary shall establish premiums and discounts related to cleanliness factors in addition to any other premiums or discounts related to quality.
(b) Adjustment in support prices for cotton The Secretary may make appropriate adjustments in the support price for cotton for differences in quality factors and location. Beginning with the 1991 crop, the quality differences (premiums and discounts for quality factors) for the upland cotton loan program shall be established by the Secretary by giving equal weight to (1) loan differences for the preceding crop, and (2) market differences for such crop in the designated United States spot markets.
(c) Limitation on adjustments for wheat and feed grains Notwithstanding any other provision of this section, for each of the 1990 through 1995 crops of wheat and feed grains, no adjustment in the loan rate applicable to a particular region, State, or county for the purpose of reflecting transportation differentials may increase or decrease the regional, State, or county loan rate from the level established for the previous year by more than the percentage change in the national average loan rate plus or minus 3 percent.
(Oct. 31, 1949, ch. 792, title IV, § 403, 63 Stat. 1054; Pub. L. 85835, title I, §§ 108, 111, Aug. 28, 1958, 72 Stat. 993; Pub. L. 89321, title VIII, § 802, Nov. 3, 1965, 79 Stat. 1213; Pub. L. 9798, title V, § 507, Dec. 22, 1981, 95 Stat. 1241; Pub. L. 100203, title I, § 1105, Dec. 22, 1987, 101 Stat. 13305; Pub. L. 101624, title XI, § 1128, title XX, § 2011, Nov. 28, 1990, 104 Stat. 3508, 3932.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1990—Pub. L. 101624, § 2011, inserted at end of subsec. (a) “Beginning with the 1991 crops of wheat, feed grains, and soybeans for which price support is provided under this Act, the Secretary shall establish premiums and discounts related to cleanliness factors in addition to any other premiums or discounts related to quality.” Pub. L. 101624, § 1128, in amending section generally, designated part of existing text as subsecs. (a), (b), and (c), and in subsec. (a) inserted provisions excluding cotton, in subsec. (b) substituted reference to 1991 crop for reference to 1982 crop, and substituted reference to quality factors for reference to grade, staple and micronaire, and in subsec. (c) substituted reference to 1990 through 1995 crops for reference to 1988 through 1990 crops, substituted reference to 3 percent for reference to 2 percent, and struck out provisions relating to establishment and duties of a study committee and authority of Secretary to review and revise procedures and criteria for establishing values of premiums and discounts for grade, staple and micronaire for upland cotton program. 1987—Pub. L. 100203 inserted at end “Notwithstanding the preceding provisions of this section, for each of the 1988 through 1990 crops of wheat and feed grains, no adjustment in the loan rate applicable to a particular region, State, or county for the purpose of reflecting transportation differentials may increase or decrease such regional, State, or county loan rate from the level established for the previous year by more than the percentage change in the national average loan rate plus or minus 2 percent.” 1981—Pub. L. 9798 inserted provision directing that beginning with 1982 crop of upland cotton, the quality differences for the loan program be established by giving equal weight to the loan differences for the preceding crop and to the market differences for the crop in the nine designated United States spot markets and authorizing the Secretary to establish a study committee to study and report on alternative methods of establishing values of premiums and discounts for grade, staple, and micronaire for the upland cotton loan program that accurately represent true relative market values and reflect actual market demand for upland cotton produced in the United States and to review procedures and criteria for determining quality differences, prior to the announcement of the loan rate differences for the 1982 crop of upland cotton, and based on such review, revise such procedures and criteria to actually reflect the actual market value of upland cotton produced in the United States. 1965—Pub. L. 89321 provided that, in determining support prices for 1966 and 1967 rice crops, the Secretary shall use head and broken rice value factors for the various varieties which are not lower than those with respect to the 1965 crop and which do not differ as between any two varieties by a greater amount than the value factors used with respect to the 1965 crop for such two varieties differed. 1958—Pub. L. 85835 provided for support of split grades and struck out, effective with the 1961 crop, sentence prescribing standard cotton grade for parity and price support purposes.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by section 1128 of Pub. L. 101624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as a note under section 1421 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9798 effective Dec. 22, 1981, see section 1801 of Pub. L. 9798, set out as an Effective Date note under section 4301 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
Executive Documents
Exceptions From Transfer of Functions Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.
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title_name: "AGRICULTURE"
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# 7 U.S.C. § 1424 - Utilization of services and facilities of Commodity Credit Corporation
## Text
The Secretary, in carrying out programs under section 612c of this title and section 1755 of title 42, may utilize the services and facilities of the Commodity Credit Corporation (including but not limited to procurement by contract), and make advance payments to it.
(Oct. 31, 1949, ch. 792, title IV, § 404, 63 Stat. 1054; Pub. L. 10678, title VII, § 752(b)(2), Oct. 22, 1999, 113 Stat. 1169.)
## Notes
Editorial Notes
Amendments1999—Pub. L. 10678 made technical amendment to reference in original act which appears in text as reference to section 1755 of title 42.
Executive Documents
Exceptions From Transfer of Functions Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.
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# 7 U.S.C. § 1425 - Producer rights and liabilities
## Text
(a) Liability for deficiencies Except as otherwise provided in section 1425a of this title, no producer shall be personally liable for any deficiency arising from the sale of the collateral securing any loan made under authority of this Act unless such loan was obtained through fraudulent representations by the producer. This provision shall not, however, be construed to prevent the Commodity Credit Corporation or the Secretary from requiring producers to assume liability for deficiencies in the grade, quality, or quantity of commodities stored on the farm or delivered by them, for failure properly to care for and preserve commodities, or for failure or refusal to deliver commodities in accordance with the requirements of the program. There is authorized to be included in the terms and conditions of any such nonrecourse loan a provision whereby on and after the maturity of the loan or any extension thereof Commodity Credit Corporation shall have the right to acquire title to the unredeemed collateral without obligation to pay for any market value which such collateral may have in excess of the loan indebtedness.
(b) Sugarcane and sugar beets The security interests obtained by the Commodity Credit Corporation as a result of the execution of security agreements by the processors of sugarcane and sugar beets shall be superior to all statutory and common law liens on raw cane sugar and refined beet sugar in favor of the producers of sugarcane and sugar beets and all prior recorded and unrecorded liens on the crops of sugarcane and sugar beets from which the sugar was derived. The preceding sentence shall not affect the application of section 1421(e)(2) of this title.
(Oct. 31, 1949, ch. 792, title IV, § 405, 63 Stat. 1054; Pub. L. 85835, title V, § 502, Aug. 28, 1958, 72 Stat. 996; Pub. L. 99198, title X, § 1004, Dec. 23, 1985, 99 Stat. 1447; Pub. L. 100460, title VI, § 634(a), Oct. 1, 1988, 102 Stat. 2263; Pub. L. 102237, title I, § 111(b), Dec. 13, 1991, 105 Stat. 1830.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1991—Subsec. (b). Pub. L. 102237 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “(1) Notwithstanding any other provision of law, the Secretary may provide a negotiable certificate to any producer who repays, together with interest, a price support loan made available to such producer under any of the annual programs, for wheat, feed grains, upland cotton, or rice established under this Act. “(2) The amount of such certificates shall be equal to the amount of the interest paid by the producer on such loan. “(3) Such certificate shall be redeemable in wheat, feed grains, upland cotton, or rice, as the case may be, owned by the Commodity Credit Corporation. “(4) The issuance of such certificate shall be subject to the availability of commodities owned by the Corporation.” 1988—Subsec. (a). Pub. L. 100460 substituted “Except as otherwise provided in section 1425a of this title, no producer” for “No producer”. 1985—Pub. L. 99198 temporarily designated existing provisions as subsec. (a) and added subsec. (b). See Effective and Termination Dates of 1985 Amendment note below. 1958—Pub. L. 85835 authorized the Commodity Credit Corporation to acquire title to agricultural commodities on which nonrecourse price-support loans have been made without the necessity of computing and making payments to the farmer.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentPub. L. 100460, title VI, § 634(a), Oct. 1, 1988, 102 Stat. 2263, provided that the amendment made by section 634(a) is effective beginning with 1989 crop year for honey.
Effective and Termination Dates of 1985 AmendmentPub. L. 99198, title X, § 1004, Dec. 23, 1985, 99 Stat. 1447, provided that the amendment made by section 1004 is effective only for the 1986 through 1990 crops.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
Executive Documents
Exceptions From Transfer of Functions Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.
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# 7 U.S.C. § 1425a - Producers of honey; loan obligations and liabilities
## Text
(a) Loan forfeiture limitation A producer of honey may satisfy the producers obligation to repay a loan, or a portion of a loan, made to the producer under section 1446h 11 See References in Text note below. of this title by forfeiting the collateral for the loan, or portion of the loan, only if the value of the collateral forfeited, when taken together with the value of the collateral forfeited on any other loan or loans of the person for such crop of honey under section 1446h 1 of this title, does not exceed $200,000 in the 1991 crop year, $175,000 in the 1992 crop year, $150,000 in the 1993 crop year, and $125,000 in each of the 1994 and subsequent crop years: Provided, however, That the loan forfeiture limitation provided by this section shall not be applicable for any crop year for which the Secretary does not permit producers of honey to repay the price support loans at a level determined under section 1446h(b)(2) 1 of this title.
(b) Liability for nonforfeitable part of obligation The producer of honey shall be personally liable for the repayment of a loan or loans made to the producer under the program for the crop of honey involved, with respect to that portion of the loan or loans for which satisfaction of the loan by forfeiture, as provided in subsection (a), is prohibited.
(c) Extent of personal liability The loan contracts of the Commodity Credit Corporation entered into with producers of honey shall clearly indicate the extent to which a producer of honey may be personally liable for repayment of a loan under this section.
(d) Promulgation of regulations The Commodity Credit Corporation may issue such regulations as the Corporation deems necessary to carry out this section. The regulations shall provide for the attribution of the value of collateral forfeited on loans described in subsection (a).
(Oct. 31, 1949, ch. 792, title IV, § 405A, as added Pub. L. 100460, title VI, § 634(b), Oct. 1, 1988, 102 Stat. 2263; amended Pub. L. 101624, title X, § 1002, title XI, § 1161(d), Nov. 28, 1990, 104 Stat. 3490, 3521.)
## Notes
Editorial Notes
References in TextSection 1446h of this title, referred to in subsec. (a), was repealed by Pub. L. 104127, title I, § 171(b)(2)(H), Apr. 4, 1996, 110 Stat. 938.
Amendments1990—Subsec. (a). Pub. L. 101624, § 1161(d), substituted references to sections 1446h and 1446h(b)(2) of this title for references to sections 1446(b) and 1446(b)(2)(B) of this title, respectively. Pub. L. 101624, § 1002(1), substituted “person for such crop of honey under section 1446h of this title, does not exceed $200,000 in the 1991 crop year, $175,000 in the 1992 crop year, $150,000 in the 1993 crop year, and $125,000 in each of the 1994 and subsequent crop years” for “producer for such crop of honey under section 1446(b) of this title, does not exceed $250,000”. Subsec. (d). Pub. L. 101624, § 1002(2), inserted provisions requiring that the regulations issued pursuant to this subsection provide for the attribution of the value of collateral forfeited on loans described in subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as a note under section 1421 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
Prohibition on Use of Funds for Honey Payments or Loan ForfeituresPub. L. 10437, title VII, § 718, Oct. 21, 1995, 109 Stat. 331, provided that none of the funds appropriated or otherwise made available by Pub. L. 10437 were to be used by the Secretary of Agriculture to provide total amount of payments and/or total amount of loan forfeitures to a person to support the price of honey under this section or former section 1446h of this title in excess of zero dollars in the 1994, 1995, and 1996 crop years. Similar provisions were contained in the following prior appropriation acts: Pub. L. 103330, title VII, § 723, Sept. 30, 1994, 108 Stat. 2469. Pub. L. 103111, title VII, § 728, Oct. 21, 1993, 107 Stat. 1081.
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# 7 U.S.C. § 1426 - Repealed. Pub. L. 104127, title I, § 171(b)(2)(I), Apr. 4, 1996, 110 Stat. 938
## Notes
Section, acts Oct. 31, 1949, ch. 792, title IV, § 406, 63 Stat. 1055; Dec. 23, 1985, Pub. L. 99198, title X, § 1016, 99 Stat. 1457; Nov. 28, 1990, Pub. L. 101624, title XI, § 1129, 104 Stat. 3508; Dec. 13, 1991, Pub. L. 102237, title I, § 113(11), 105 Stat. 1838, provided for advance announcement of price support levels.
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# 7 U.S.C. § 14271 - Quality requirements for Commodity Credit Corporation owned grain
## Text
(a) Establishment of minimum standards Notwithstanding any other provision of law, the Secretary shall establish minimum quality standards that shall apply to grain that is deposited for storage for the account of the Commodity Credit Corporation. In establishing such standards, the Secretary shall take into consideration factors related to the ability of grain to withstand storage and assurance of acceptable end-use performance.
(b) Inspection of grain acquisitions The Commodity Credit Corporation shall utilize Federal Grain Inspection Service approved procedures to inspect and evaluate the condition of the grain it acquires from producers. In no case shall this section require the use of an official inspection unless the producer so requests.
(Oct. 31, 1949, ch. 792, title IV, § 407A, as added Pub. L. 101624, title XX, § 2012, Nov. 28, 1990, 104 Stat. 3933.)
## Notes
Statutory Notes and Related Subsidiaries
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
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# 7 U.S.C. § 1427a - Reserve inventories for alleviation of distress of natural disaster
## Text
(a) Establishment, maintenance and disposal by Secretary; amount and nature of reserve Notwithstanding any other provision of law, the Secretary of Agriculture may under the provisions of this Act establish, maintain, and dispose of a separate reserve of inventories of not to exceed 75 million bushels of wheat, feed grains, and soybeans for the purpose of alleviating distress caused by a natural disaster. Such reserve inventories may include such quantities of grain that the Secretary deems needed to provide for the alleviation of distress as the result of a natural disaster.
(b) Acquisition of commodities through price support program The Secretary may acquire such commodities through the price support program. However, if the Secretary determines that no wheat, feed grains, or soybeans are available through the price support program at locations where they may be economically utilized to alleviate distress caused by a natural disaster, the Secretary is authorized to purchase through the facilities of the Commodity Credit Corporation such wheat, feed grains, soybeans, hay, or other livestock forages as the Secretary deems necessary for disposition in accordance with the authority provided in subsection (d) of this section. The Secretary may acquire wheat, feed grains, soybeans, hay, or other livestock forages at such locations, at such times, and in such quantities as the Secretary finds necessary and appropriate and may pay such transportation and other costs as may be required to permit disposition of such wheat, feed grains, soybeans, hay, and other livestock forages under subsection (d) of this section.
(c) Prerequisites for sale or disposition of commodities in reserve Except when a state of emergency has been proclaimed by the President or by concurrent resolution of Congress declaring that such reserves should be disposed of, the Secretary shall not offer any commodity in the reserve for sale or disposition.
(d) Additional authorization for disposition of commodities to relieve distress or for civil defense emergencies The Secretary is also authorized to dispose of such commodities only for (1) use in relieving distress (A) in any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands of the United States, (B) in connection with any major disaster or emergency determined by the President to warrant assistance by the Federal Government under the Disaster Relief and Emergency Assistance Act (88 Stat. 143, as amended; 42 U.S.C. 5121), and (C) in connection with any emergency determined by the Secretary to warrant assistance under section 1427 of this title, the Act of September 21, 1959 (73 Stat. 574, as amended; 7 U.S.C. 1427 note), or section 2267 11 See References in Text note below. of this title; or (2) use in connection with a state of civil defense emergency as proclaimed by the President or by concurrent resolution of the Congress in accordance with title VI of The 22 So in original. Probably should not be capitalized. Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5195 et seq.].
(e) Sale at equivalent prices for maintenance of reserve The Secretary may sell at an equivalent price, allowing for the customary location and grade price differentials, substantially equivalent quantities in different locations or warehouses to the extent needed to properly handle, rotate, distribute, and locate such reserve.
(f) Utilization of Commodity Credit Corporation and usual and customary channels, etc., of trade and commerce The Secretary may use the Commodity Credit Corporation to the extent feasible to fulfill the purposes of this section; and to the maximum extent practicable consistent with the fulfillment of the purposes of this section and the effective and efficient administration of this section shall utilize the usual and customary channels, facilities, and arrangements of trade and commerce.
(g) Rules and regulations The Secretary may issue such rules and regulations as may be necessary to carry out the provisions of this section.
(h) Authorization of appropriations There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
(Pub. L. 91524, title VIII, § 813, as added Pub. L. 9386, § 1(27)(B), Aug. 10, 1973, 87 Stat. 239; amended Pub. L. 95113, title XI, § 1103, Sept. 29, 1977, 91 Stat. 953; Pub. L. 9798, title X, § 1003, Dec. 22, 1981, 95 Stat. 1260; Pub. L. 100707, title I, § 109(b), Nov. 23, 1988, 102 Stat. 4708; Pub. L. 103337, div. C, title XXXIV, § 3412(b)(3), Oct. 5, 1994, 108 Stat. 3111.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a), is Pub. L. 91524, 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. The Disaster Relief and Emergency Assistance Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d), are Pub. L. 93288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. Title VI of the Act is classified generally to subchapter IVB (§ 5195 et seq.) of chapter 68 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. Act of September 21, 1959, referred to in subsec. (d), is Pub. L. 86299, Sept. 21, 1959, 73 Stat. 574, as amended, which is set out as a note under section 1427 of this title. Section 2267 of this title, referred to in subsec. (d), was repealed by Pub. L. 100387, title I, § 101(b)(1), Aug. 11, 1988, 102 Stat. 931.
Codification 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 Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1994—Subsec. (d). Pub. L. 103337 substituted “title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act” for “the provisions of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 22512297)”. 1988—Subsec. (d). Pub. L. 100707 substituted “and Emergency Assistance Act” for “Act of 1974”. 1981—Subsec. (a). Pub. L. 9798 substituted “may” for “shall” wherever appearing. Subsec. (b). Pub. L. 9798 substituted “Secretary may acquire such commodities” for “Secretary shall acquire such commodities”. 1977—Subsec. (b). Pub. L. 95113, § 1103(a), inserted provisions authorizing Secretary to act if it is determined that no wheat, feed grains, or soybeans are available through the price support program at locations where they can be economically utilized to alleviate distress caused by a natural disaster. Subsec. (d). Pub. L. 95113, § 1103(b), substituted “(A) in any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands of the United States, (B) in connection with any major disaster or emergency determined by the President to warrant assistance by the Federal Government under the Disaster Relief Act of 1974, and (C) in connection with any emergency determined by the Secretary to warrant assistance under section 1427 of this title, the Act of September 21, 1959, or section 2267 of this title” for “(a) in any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands and (b) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under Public Law 875, Eighty-first Congress, as amended”.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9798 effective Dec. 22, 1981, see section 1801 of Pub. L. 9798, set out as an Effective Date note under section 4301 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95113, set out as a note under section 1307 of this title.
Commodity Credit Corporation Fund; Disaster Reserve Assistance ProgramPub. L. 10518, title II, June 12, 1997, 111 Stat. 170, provided in part: “That notwithstanding any other provision of law, beginning on October 1, 1997, grain in the disaster reserve established in the Agricultural Act of 1970 [see Short Title of 1970 Amendment note set out under section 1281 of this title] shall not exceed 20 million bushels”.
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# 7 U.S.C. § 1428 - Definitions
## Text
For the purposes of this Act—
(a) A commodity shall be considered storable upon determination by the Secretary that, in normal trade practice, it is stored for substantial periods of time and that it can be stored under the price-support program without excessive loss through deterioration or spoilage or without excessive cost for storage for such periods as will permit its disposition without substantial impairment of the effectiveness of the price-support program.
(b) A “cooperator” with respect to any basic agricultural commodity shall be a producer on whose farm the acreage planted to the commodity does not exceed the farm acreage allotment for the commodity under subchapter II of chapter 35 of this title, or in the case of price support for corn or wheat to a producer outside the commercial corn-producing or wheat-producing area, a producer who complies with conditions of eligibility prescribed by the Secretary: Provided, That for upland cotton a cooperator shall be a producer on whose farm the acreage planted to such cotton does not exceed the cooperator percentage, which shall be in the case of the 1966 crop, 87.5 per centum of such farm acreage allotment and, in the case of each of the 1967 through 1970 crops, such percentage, not less than 87.5 or more than 100 per centum, of such farm acreage allotment as the Secretary may specify for such crop, except that in the case of small farms (i.e. farms on which the acreage allotment is 10 acres or less, or on which the projected farm yield times the acreage allotment is 3,600 pounds or less, and the acreage allotment has not been reduced under section 1344(m) of this title) the acreage of cotton on the farm shall not be required to be reduced below the farm acreage allotment: And provided, That for the 1971 through 1977 crops of upland cotton a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under section 1444(e) of this title: Provided further, That for the 1976 through 1981 crops of rice, a cooperator shall be a person who produces rice on a farm for which a farm acreage allotment has been established or to which a producer acreage allotment has been allocated and, if a set-aside is in effect, who has set aside any acreage required under section 1441(g) of this title: Provided further, That for the 1978 through 1981 crops of upland cotton, a cooperator shall be a producer on a farm who has set aside the acreage required under section 1444(f) of this title. For the purpose of this subsection, a producer shall not be deemed to have exceeded his farm acreage allotment unless such producer knowingly exceeded such allotment.
(c) A “basic agricultural commodity” shall mean corn, cotton, rice, and wheat, respectively.
(d) A “nonbasic agricultural commodity” shall mean any agricultural commodity other than a basic agricultural commodity.
(e) The “supply percentage” as to any commodity shall be the percentage which the estimated total supply is of the normal supply as determined by the Secretary from the latest available statistics of the Department of Agriculture as of the beginning of the marketing year for the commodity.
(f) “Total supply” of any nonbasic agricultural commodity for any marketing year shall be the carry-over at the beginning of 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.
(g) “Carry-over” of any nonbasic agricultural commodity 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 part of the crop or production of such commodity which was produced in the United States during the calendar year then current. The carryover of any such commodity may also include the quantity of such commodity in processed form on hand in the United States at the beginning of such marketing year, if the Secretary determines that the inclusion of such processed quantity of the commodity is necessary to effectuate the purposes of this Act.
(h) “Normal supply” of any nonbasic agricultural commodity for any marketing year shall be (1) the estimated domestic consumption of the commodity for the marketing year for which such normal supply is being determined, plus (2) the estimated exports of the commodity for such marketing year, plus (3) an allowance for carry-over. The allowance for carry-over shall be the average carry-over of the commodity for the five marketing years immediately preceding the marketing year in which such normal supply is determined, adjusted for surpluses or deficiencies caused by abnormal conditions, changes in marketing conditions, or the operation of any agricultural program. In determining normal supply, the Secretary shall make such adjustments for current trends in consumption and for unusual conditions as he may deem necessary.
(i) “Marketing year” for any nonbasic agricultural commodity means any period determined by the Secretary during which substantially all of a crop or production of such commodity is normally marketed by the producers thereof.
(j) Any term defined in the Agricultural Adjustment Act of 1938 [7 U.S.C. 1281 et seq.], shall have the same meaning when used in this Act.
(k) (1) Reference made in sections 1422, 1423, 1426, 1427, and 1431 of this title to the terms “support price”, “level of support”, and “level of price support” shall be considered to apply as well to the loan and purchase level for wheat, feed grains, upland cotton, extra long staple cotton, honey, oilseeds and rice under this Act.
(2) References made to the terms “price support”, “price support operations”, and “price support program” in such sections and in section 1421(a) of this title shall be considered as applying as well to loan and purchase operations for wheat, feed grains, upland cotton, extra long staple cotton, honey, oilseeds and rice under this Act.
(3) Notwithstanding any other provision of law, this subsection shall be effective only for the 1991 through 1995 crops of wheat, feed grains, upland cotton, extra long staple cotton, honey, oilseeds and rice.
(l) “Producer” shall include a person growing hybrid seed under contract. In determining the interest of a grower of hybrid seed in a crop, the Secretary shall not take into consideration the existence of a hybrid seed contract.
(Oct. 31, 1949, ch. 792, title IV, § 408, 63 Stat. 1055; Aug. 28, 1954, ch. 1041, title II, § 209, 68 Stat. 901; Pub. L. 89321, title IV, § 402(b), Nov. 3, 1965, 79 Stat. 1197; Pub. L. 90559, § 1(4), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91524, title IV, § 408, title VI, §§ 604, 607, Nov. 30, 1970, 84 Stat. 1367, 1378; Pub. L. 9386, § 1(22), Aug. 10, 1973, 87 Stat. 235; Pub. L. 94214, title III, §§ 303, 304, Feb. 16, 1976, 90 Stat. 187, 188; Pub. L. 95113, title IV, § 407, title VI, § 604(a), (b), title VII, §§ 704, 705, Sept. 29, 1977, 91 Stat. 927, 939, 944; Pub. L. 9798, title XI, § 1104, Dec. 22, 1981, 95 Stat. 1264; Pub. L. 99198, title X, § 1018, Dec. 23, 1985, 99 Stat. 1459; Pub. L. 101624, title XI, § 1131, Nov. 28, 1990, 104 Stat. 3511; Pub. L. 107171, title I, § 1310(a)(2)(B), May 13, 2002, 116 Stat. 182; Pub. L. 108357, title VI, § 612(c), Oct. 22, 2004, 118 Stat. 1524.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. Section 1441(g) of this title, referred to in subsec. (b), was omitted from the Code. The Agricultural Adjustment Act of 1938, referred to in subsec. (j), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables.
Amendments2004—Subsec. (c). Pub. L. 108357 struck out “tobacco,” before “and wheat”. 2002—Subsec. (c). Pub. L. 107171 struck out “peanuts,” before “rice,”. 1990—Subsec. (k). Pub. L. 101624, § 1131(a), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “(1) Reference made in sections 1422, 1423, 1426, 1427, and 1431 of this title to the terms support price, level of support, and level of price support shall be considered to apply as well to the loan and purchase level for wheat, feed grains, upland cotton, and rice under this Act. “(2) References made to the terms price support, price support operations, and price support program in such sections and in section 1421(a) of this title shall be considered as applying as well to loan and purchase operations for wheat, feed grains, upland cotton, and rice under this Act.” Subsecs. (l), (m). Pub. L. 101624, § 1131(b), added subsec. (l) and struck out former subsecs. (l) and (m). See 1977 Amendment note below. 1985—Subsec. (k). Pub. L. 99198 temporarily amended subsec. (k) generally, designating provisions before the semicolon as par. (1) and substituting “loan and purchase level” for “level of loans and purchases”, and designating provisions after the semicolon as par. (2). See Effective and Termination Dates of 1985 Amendment note below. 1981—Subsec. (k). Pub. L. 9798 temporarily substituted “Reference made” for “References made” and inserted reference to section 1427 of this title and to upland cotton and rice. See Effective and Termination Dates of 1981 Amendment note below. 1977—Subsec. (b). Pub. L. 95113, §§ 604(a), 704, inserted proviso defining cooperator for purposes of the 1978 through 1981 crops of upland cotton as a producer on a farm who has set aside the acreage required under section 1444(f) of this title and substituted “1976 through 1981 crops of rice” for “1976 and 1977 crops of rice” in proviso defining cooperator for purposes of specific crops of rice. Subsecs. (k) to (m). Pub. L. 95113, §§ 407, 604(b), 705, temporarily amended subsecs. (k) to (m) generally. See Effective and Termination Dates of 1977 Amendment note below. 1976—Subsec. (b). Pub. L. 94214, § 303, inserted proviso defining “cooperator” for 1976 and 1977 crops of rice. Subsec. (m). Pub. L. 94214, § 304, temporarily added subsec. (m). See Effective and Termination Dates of 1976 Amendment note below. 1973—Subsec. (b). Pub. L. 9386 substituted “1971 through 1977” for “1971, 1972, and 1973” in proviso requiring that for such designated crops of upland cotton a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under section 1444(e) of this title. 1970—Subsec. (b). Pub. L. 91524, § 604, inserted proviso that, for the 1971, 1972, and 1973 crops of upland cotton, a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under section 1444(e) of this title. Subsecs. (k), (l). Pub. L. 91524, §§ 408, 607, temporarily added subsecs. (k) and (l). See Effective and Termination Dates of 1970 Amendment note below. 1968—Subsec. (b). Pub. L. 90559 provided for a one year extension, substituting “1967 through 1970” for “1967, 1968, and 1969”. 1965—Subsec. (b). Pub. L. 89321 temporarily inserted proviso. See Effective and Termination Dates of 1965 Amendment note below. 1954—Subsec. (b). Act Aug. 28, 1954, inserted “or wheat” after “corn”, and “or wheat-producing” after “corn producing”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108357, set out as an Effective Date note under section 518 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as a note under section 1421 of this title.
Effective and Termination Dates of 1985 AmendmentPub. L. 99198, title X, § 1018, Dec. 23, 1985, 99 Stat. 1459, provided that the amendment made by section 1018 is effective only for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice.
Effective and Termination Dates of 1981 AmendmentPub. L. 9798, title XI, § 1104, Dec. 22, 1981, 95 Stat. 1264, provided that the amendment made by section 1104 is effective only for the 1982 through 1985 crops of wheat, feed grains, upland cotton, and rice.
Effective and Termination Dates of 1977 AmendmentPub. L. 95113, title IV, § 407, title VI, § 604(b), title VII, § 705, Sept. 29, 1977, 91 Stat. 927, 939, 944, provided that the provisions amended by sections 407, 604(b), and 705 were effective for the 1978 through 1981 crops.
Effective and Termination Dates of 1976 AmendmentPub. L. 94214, title III, § 304, Feb. 16, 1976, 90 Stat. 188, provided that the amendment made by section 304 is effective only with respect to the 1976 and 1977 crops of rice.
Effective and Termination Dates of 1970 AmendmentPub. L. 91524, title IV, § 408, title VI, § 607, Nov. 30, 1970, 84 Stat. 1367, 1378, as amended by Pub. L. 9386, § 1(15), (22), Aug. 10, 1973, 87 Stat. 229, 235, provided that the amendments made by sections 408 and 607 are effective only with respect to the 1971 through 1977 crops of the commodity.
Effective and Termination Dates of 1965 AmendmentPub. L. 89321, title IV, § 402(b), Nov. 3, 1965, 79 Stat. 1197, as amended by Pub. L. 90559, § 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment made by section 402(b) is effective only for the 1966 through 1970 crops.
Savings ProvisionAmendment by sections 611 to 614 of Pub. L. 108357 not to affect the liability of any person under any provision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108357, set out as a note under section 515 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
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# 7 U.S.C. § 1429 - Determinations of Secretary as final and conclusive
## Text
Determinations made by the Secretary under this Act shall be final and conclusive: Provided, That the scope and nature of such determinations shall not be inconsistent with the provisions of the Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.].
(Oct. 31, 1949, ch. 792, title IV, § 412, 63 Stat. 1057.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). 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 text, 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.
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# 7 U.S.C. § 1430 - Retroactive effect
## Text
This Act shall not be effective with respect to price support operations for any agricultural commodity for any marketing year or season commencing prior to January 1, 1950, except to the extent that the Secretary of Agriculture shall, without reducing price support theretofore undertaken or announced, elect to apply the provisions of this Act.
(Oct. 31, 1949, ch. 792, title IV, § 413, 63 Stat. 1057.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Statutory Notes and Related Subsidiaries
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
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# 7 U.S.C. § 1431a - Cotton donations to educational institutions
## Text
Commodity Credit Corporation is authorized, on such terms as the Secretary of Agriculture may approve, to donate cotton acquired through its price support operations to educational institutions for use in the training of students in the processing and manufacture of cotton into textiles.
(Pub. L. 85835, title V, § 505, Aug. 28, 1958, 72 Stat. 996.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Agricultural Act of 1958, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
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# 7 U.S.C. § 1431b - Distribution of surplus commodities to other United States areas
## Text
Notwithstanding any other provision of law those areas under the jurisdiction or administration of the United States are authorized to receive from the Department of Agriculture for distribution on the same basis as domestic distribution in any State, Territory, or possession of the United States, without exchange of funds, such surplus commodities as may be available pursuant to clause (2) of section 612c of this title and section 1431 of this title.
(Pub. L. 85931, § 9, Sept. 6, 1958, 72 Stat. 1792; Pub. L. 87703, title II, § 204, Sept. 27, 1962, 76 Stat. 611; Pub. L. 89808, § 3(a), Nov. 11, 1966, 80 Stat. 1538.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1966—Pub. L. 89808 struck out special authority of the Commodity Credit Corporation for purchase of fats and oils for donation abroad, now included in the general authority provided by section 1721 et seq. of this title. 1962—Pub. L. 87703 inserted “and in nonprofit school lunch programs” after “needy persons”.
Statutory Notes and Related Subsidiaries
Effective Date of 1966 AmendmentPub. L. 89808, § 3(a), Nov. 11, 1966, 80 Stat. 1538, provided that the amendment made by section 3(a) is effective Jan. 1, 1967.
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# 7 U.S.C. § 1431c - Enrichment and packaging of cornmeal, grits, rice, and white flour available for distribution
## Text
(a) In order to insure the nutritional value of cornmeal, grits, rice, and white flour when such foods are made available for distribution under section 1431(3) 11 See References in Text note below. of this title or for distribution to schools under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] or any other Act, such foods shall be enriched so as to meet the standards for enriched cornmeal, enriched corn grits, enriched rice, or enriched flour, as the case may be, prescribed in regulations promulgated under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]; and in order to protect the nutritional value and sanitary quality of such enriched foods during transportation and storage such foods shall be packaged in sanitary containers. For convenience and ease in handling, the weight of any sanitary container when filled shall not exceed fifty pounds unless a larger container is requested by the recipient agency. Nothing in this section shall prohibit the distribution of fortified parboiled rice which is substantially equal in nutritional value to that of enriched rice.
(b) The term “sanitary container” means any container of such material and construction as (1) will not permit the infiltration of foreign matter into the contents of such container under ordinary conditions of shipping and handling, and (2) will not, for a period of at least one year, disintegrate so as to contaminate the contents of the container, necessitating the washing of the contents prior to use.
(Pub. L. 86341, title II, § 201, Sept. 21, 1959, 73 Stat. 610; Pub. L. 87803, Oct. 11, 1962, 76 Stat. 910; Pub. L. 10678, title VII, § 752(b)(3), Oct. 22, 1999, 113 Stat. 1169.)
## Notes
Editorial Notes
References in TextSection 1431(3) of this title, referred to in subsec. (a), was redesignated as section 1431(a)(3) of this title by Pub. L. 98258, title V, § 502(1), Apr. 10, 1984, 98 Stat. 137. The Richard B. Russell National School Lunch Act, referred to in subsec. (a), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
Codification Section was not enacted as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1999—Subsec. (a). Pub. L. 10678 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”. 1962—Subsec. (a). Pub. L. 87803 inserted provisions requiring the enrichment of rice to meet the standards for enriched rice, empowered recipient agencies to request containers larger than 50 pounds, and provided that nothing in this section shall prohibit the distribution of fortified parboiled rice which is substantially equal in nutritional value to that of enriched rice.
@@ -0,0 +1,43 @@
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# 7 U.S.C. § 1431d - Donations for school feeding programs abroad; student financing; priorities
## Text
In any school feeding programs undertaken on and after September 27, 1962 outside the United States pursuant to section 1431 of this title, section 308 of Public Law 480 (83d Congress), as amended, and section 1431b of this title, the Secretary shall receive assurances satisfactory to him that, insofar as practicable, there will be student participation in the financing of such programs on the basis of ability to pay, and such programs shall be undertaken with the understanding that commodities will be available for those programs only in accordance with the provisions of such statutes and that commodities made available under section 1431 of this title will be available only in accordance with the priorities established in such section.
(Pub. L. 87703, title II, § 205, Sept. 27, 1962, 76 Stat. 611.)
## Notes
Editorial Notes
References in TextSection 308 of Public Law 480 (83d Congress), referred to in text, which was classified to section 1697 of this title, was repealed by Pub. L. 89808, § 2(D), Nov. 11, 1966, 80 Stat. 1535.
Codification Section was enacted as part of the Food and Agriculture Act of 1962, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
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# 7 U.S.C. § 1431e - Distribution of surplus commodities to special nutrition projects; reprocessing agreements with private companies
## Text
(1) Notwithstanding any other provision of law, whenever Government stocks of commodities are acquired under the price support programs and are not likely to be sold by the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution, such commodities shall be made available without charge or credit to nutrition projects under the authority of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), to child nutrition programs providing food service, and to food banks participating in the special nutrition projects established under section 4004 of this title. Such distribution may include bulk distribution to congregate nutrition sites and to providers of home delivered meals under the Older Americans Act of 1965. The Commodity Credit Corporation is authorized to use available funds to operate the program under this subsection and to further process products to facilitate bonus commodity use. Commodities made available under this section shall include, but not be limited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal.
(2) (A) For each of fiscal years 2008 through 2023, whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary of Agriculture, the Secretary shall encourage consumption of such commodity through agreements with private companies under which the commodity is reprocessed into end-food products for use by eligible recipient agencies. The expense of reprocessing shall be paid by such eligible recipient agencies.
(B) To maintain eligibility to enter into, and to continue, any agreement with the Secretary of Agriculture under subparagraph (A), a private company shall annually settle all accounts with the Secretary and any appropriate State agency regarding commodities processed under such agreements.
(C) Whenever commodities are made available to agencies pursuant to section 311(a)(4) 11 See References in Text note below. of the Older Americans Act of 1965, the Secretary shall encourage access to processed end products containing the commodities when in the Secretarys judgment it is cost effective. The requirements of this subparagraph shall be met in the most efficient and effective way possible. The Secretary may, among other alternatives, use direct purchase, State option contracts authorized under section 3A of the Commodity Distribution Reform Act and WIC Amendments of 1987 (Public Law 100237; 7 U.S.C. 612c note), State processing programs, and (beginning in fiscal year 1994) agreements with private companies operated as a part of the national commodity processing program.
(D) In each of fiscal years 1992, 1993, and 1994, the Secretary shall conduct a pilot project in not more than three States under which any commodity made available to agencies pursuant to section 311(a)(4) 1 of the Older Americans Act of 1965 that the Secretary determines to be appropriate for reprocessing is made available to the agencies as reprocessed end products. The reprocessing shall be performed pursuant to agreements with private companies, at the expense of the agencies, and operated as part of the national commodity processing program established under subparagraph (A). In determining the appropriateness of the commodities to be reprocessed under the pilot project, the Secretary shall consider the common needs of the agencies and the availability of processors.
(Pub. L. 9798, title XI, § 1114(a), Dec. 22, 1981, 95 Stat. 1269; Pub. L. 99198, title XV, § 1567(a), (b), Dec. 23, 1985, 99 Stat. 1591, 1592; Pub. L. 100237, § 6, Jan. 8, 1988, 101 Stat. 1740; Pub. L. 101624, title XVII, § 1775, Nov. 28, 1990, 104 Stat. 3813; Pub. L. 102237, title IX, § 921, Dec. 13, 1991, 105 Stat. 1887; Pub. L. 104127, title IV, § 405, Apr. 4, 1996, 110 Stat. 1029; Pub. L. 107171, title IV, § 4203, May 13, 2002, 116 Stat. 330; Pub. L. 110234, title IV, § 4406(b)(4), May 22, 2008, 122 Stat. 1142; Pub. L. 110246, § 4(a), title IV, § 4406(b)(4), June 18, 2008, 122 Stat. 1664, 1903; Pub. L. 11379, title IV, § 4103, Feb. 7, 2014, 128 Stat. 820; Pub. L. 115334, title IV, § 4103, Dec. 20, 2018, 132 Stat. 4655.)
## Notes
Editorial Notes
References in TextThe Older Americans Act of 1965, referred to in text, is Pub. L. 8973, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. Section 311 of the Act, which is classified to section 3030a of Title 42, was amended by Pub. L. 106501, title III, § 309, Nov. 13, 2000, 114 Stat. 2246, and, as so amended, provisions which formerly appeared in subsec. (a)(4) were struck out. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Tables.
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246. Section was enacted as part of the Agriculture and Food Act of 1981, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments2018—Par. (2)(A). Pub. L. 115334 substituted “2023” for “2018”. 2014—Par. (2)(A). Pub. L. 11379 substituted “2018” for “2012”. 2008—Par. (2)(A). Pub. L. 110246, § 4406(b)(4), substituted “For each of fiscal years 2008 through 2012” for “Effective through September 30, 2007”. 2002—Par. (2)(A). Pub. L. 107171 substituted “2007” for “2002”. 1996—Par. (2)(A). Pub. L. 104127 substituted “2002” for “1995”. 1991—Par. (2)(D). Pub. L. 102237 substituted “1992, 1993, and 1994” for “1992 and 1993”. 1990—Par. (2)(A). Pub. L. 101624, § 1775(a), substituted “1995” for “1990”. Par. (2)(C), (D). Pub. L. 101624, § 1775(b), added subpars. (C) and (D). 1988—Par. (2)(A). Pub. L. 100237 substituted “September 30, 1990” for “June 30, 1987”. 1985—Pub. L. 99198 designated existing provisions as par. (1), inserted provision directing that commodities made available under this section include, but not be limited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of this title. Amendment by section 4406(b)(4) of Pub. L. 110246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110246, set out as a note under section 1161 of Title 2, The Congress.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107171, set out as an Effective Date note under section 1161 of Title 2, The Congress.
Effective Date of 1991 AmendmentAmendment by Pub. L. 102237 effective and to be implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102237, set out as a note under section 1421 of this title.
Effective DateSection effective Dec. 22, 1981, see section 1801 of Pub. L. 9798, set out as a note under section 4301 of this title.
National Donated Commodity Processing ProgramsPub. L. 99500, title III, § 364, Oct. 18, 1986, 100 Stat. 1783368, and Pub. L. 99591, title III, § 364, Oct. 30, 1986, 100 Stat. 3341371; Pub. L. 99661, div. D, title IV, § 4404, Nov. 14, 1986, 100 Stat. 4079, provided that: “In accordance with the terms and conditions of section 1114(a)(2) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e(a)(2)), whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary of Agriculture, the Secretary shall encourage consumption of the commodity through agreements with private companies under which the commodity is reprocessed into end-food products for use by eligible recipient agencies.”
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# 7 U.S.C. § 1431f - Assistance to foreign countries to mitigate effects of HIV and AIDS
## Text
On and after November 10, 2005, of any shipments of commodities made pursuant to section 1431(b) of this title, the Secretary of Agriculture shall, to the extent practicable, direct that tonnage equal in value to not more than $25,000,000 shall be made available to foreign countries to assist in mitigating the effects of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome on communities, including the provision of—
(1) agricultural commodities to—
(A) individuals with Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome in the communities; and
(B) households in the communities, particularly individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other assistance (including assistance under microcredit and microenterprise programs) to create or restore sustainable livelihoods among individuals in the communities, particularly individuals caring for orphaned children.
(Pub. L. 10997, title VII, § 725, Nov. 10, 2005, 119 Stat. 2153.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Prior ProvisionsProvisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 108447, div. A, title VII, § 728, Dec. 8, 2004, 118 Stat. 2843. Pub. L. 108199, div. A, title VII, § 725, Jan. 23, 2004, 118 Stat. 34. Pub. L. 1087, div. A, title VII, § 725, Feb. 20, 2003, 117 Stat. 42. Pub. L. 107—76, title VII, § 727, Nov. 28, 2001, 115 Stat. 735. Pub. L. 106—387, § 1(a) [title VII, § 743], Oct. 28, 2000, 114 Stat. 1549, 1549A35.
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# 7 U.S.C. § 1432 - Extension of price support on long staple cotton seeds and products
## Text
Any price support program in effect on cottonseed or any of its products shall be extended to the same seed and products of the cottons defined under section 1347(a) of this title.
(Oct. 31, 1949, ch. 792, title IV, § 420, as added July 17, 1952, ch. 933, § 3(2), 66 Stat. 759.)
## Notes
Editorial Notes
References in TextSection 1347 of this title, referred to in text, was repealed by Pub. L. 9888, § 2, Aug. 26, 1983, 97 Stat. 494.
Statutory Notes and Related Subsidiaries
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
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# 7 U.S.C. § 1433 - Repealed. Pub. L. 100387, title I, § 101(b)(3), Aug. 11, 1988, 102 Stat. 931
## Notes
Section, act Oct. 31, 1949, ch. 792, title IV, § 421, as added Sept. 11, 1964, Pub. L. 88585, § 2, 78 Stat. 927, related to penalties for misuse of feed intended to relieve distress or preserve foundation herds. See section 1471j of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective 15 days after Aug. 11, 1988, see section 101(c)(1) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
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# 7 U.S.C. § 1433a - Forgiveness of violations; determinations
## Text
Notwithstanding any other provision of law, whenever a producer samples, turns, moves, or replaces grain or any other commodity which is security for a Commodity Credit Corporation producer loan or is held under a producer reserve program, and does so in violation of law or regulation, the appropriate county committee established under section 590h(b) of title 16 may forgive some or all of the penalties and requirements that would normally be imposed on the producer by reason of the violation, if such committee determines that (1) the violation occurred inadvertently or accidentally, because of lack of knowledge or understanding of the law or regulation, or because the producer or the producers agent acted to prevent spoilage of the commodity, and (2) the violation did not result in harm or damage to the rights or interests of any person. The county committee shall furnish a copy of its determination to the Administrator of the Agricultural Stabilization and Conservation Service and the appropriate State committee established under section 590h(b) of title 16. The determination may be disapproved by either the Administrator or the State committee within sixty days after receipt of a copy of the determination. Any determination not disapproved by the Administrator or such State committee within such sixty-day period shall be considered approved.
(Oct. 31, 1949, ch. 792, title IV, § 422, as added Pub. L. 9798, title X, § 1002, Dec. 22, 1981, 95 Stat. 1260.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 22, 1981, see section 1801 of Pub. L. 9798, set out as a note under section 4301 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
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# 7 U.S.C. § 1433b - Processing of surplus agricultural commodities into liquid fuels and agricultural commodity byproducts
## Text
(a) Authority of Commodity Credit Corporation; terms and conditions established by Secretary; fuel prices Notwithstanding any other provision of law, in order to prevent the accumulation of excessive stocks of agricultural commodities through the price support and stabilization operations of the Commodity Credit Corporation 11 So in original. Probably should be followed by a comma. the Corporation may, under terms and conditions established by the Secretary, make its accumulated stocks of agricultural commodities available, at no cost or reduced cost, to encourage the purchase of such commodities for the production of liquid fuels and agricultural commodity byproducts. In carrying out the program established by this section, the Secretary shall ensure, insofar as possible, that any use of agricultural commodities made available be made in such manner as to encourage increased use and avoid displacing usual marketings of agricultural commodities.
(b) Feasibility of processing In determining the feasibility of providing for the processing of Commodity Credit Corporation stocks of commodities under subsection (a), the Secretary shall consider the nature of the commodities, and the acquisition, transportation, handling, storage, interest, and other costs associated with acquiring and maintaining such stocks, including the effect of such stocks in depressing commodity prices, as well as the value and utility of such stocks when processed into liquid fuels and agricultural commodity byproducts.
(Oct. 31, 1949, ch. 792, title IV, § 423, as added Pub. L. 97358, § 2, Oct. 21, 1982, 96 Stat. 1714; amended Pub. L. 99198, title X, § 1024, Dec. 23, 1985, 99 Stat. 1460.)
## Notes
Editorial Notes
Codification Subsection (c), which required the Secretary to report annually to Congress on the operation of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 46 of House Document No. 1037.
Amendments1985—Subsec. (a). Pub. L. 99198 substituted provision authorizing the Corporation to make its accumulated agricultural commodities stocks available at no cost or reduced cost to encourage the purchase thereof for the production of liquid fuels and commodity byproducts, with any use of such commodities to be made in such a manner as to encourage increased use and avoid displacing usual marketings of such commodities for provision authorizing the Corporation to provide for processing of its accumulated stock into liquid fuels and commodity byproducts to be either made available to Federal agencies to meet their regular or emergency needs or to be sold commercially by the Corporation, at a price determined by the Secretary notwithstanding any other provisions of law and in a manner so as not to disrupt the prices in commercial markets of agriculturally-derived liquid fuel.
Statutory Notes and Related Subsidiaries
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
@@ -0,0 +1,85 @@
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# 7 U.S.C. § 1433c1 - Advance recourse loans
## Text
(a) Availability; due date; procedures for repayment; applicability; security; limitation It is the sense of Congress that the Secretary of Agriculture carry out a program authorized by section 424 of the Agricultural Act of 1949 [7 U.S.C. 1433c]. Such program, if implemented, shall provide for the following:
(1) Advance recourse loans shall be made available only to those producers of a commodity who are unable to obtain sufficient credit elsewhere to finance the production of the 1986 crop of that commodity, taking into consideration prevailing private and cooperative rates and terms for loans for similar purposes (as determined by the Secretary) in the community in or near which the applicant resides. A producer who has received a commitment or been furnished sufficient credit or a loan for production of the 1986 crop of a commodity shall not be eligible for an advance recourse loan to finance the production of that commodity for such crop year.
(2) Advance recourse loans shall be made available to producers of a commodity at the applicable nonrecourse loan rate for the commodity (as determined by the Secretary). Within the limits set out in paragraphs (5) and (7), advance recourse loans shall be available—
(A) to producers of wheat, feed grains, cotton, and rice who agree to participate in the program announced for the commodity on an amount of the commodity equal to one-half of the farm program yield for the commodity multiplied by the farm program acreage intended to be planted to the commodity for harvest in 1986, as determined by the Secretary;
(B) to producers of peanuts who are on a farm for which a marketing quota or poundage quota has been established on an amount of the commodity equal to one-half of the farm marketing quota or poundage quota for the commodity, as determined by the Secretary; and
(C) to producers of other commodities on an amount of the commodity equal to one-half of the farm yield for the commodity multiplied by the farm acreage intended to be planted to the commodity for harvest in 1986, as determined by the Secretary.
(3) An advance recourse loan under section 424 [7 U.S.C. 1433c] shall come due at such time immediately following harvest as the Secretary determines appropriate. Each loan contract entered into under section 424 shall specify the date on which the loan is to come due.
(4) (A) The Secretary shall establish procedures, when practicable, under which a producer, simultaneously with repayment of his recourse loan, may obtain a nonrecourse loan on his crop (as otherwise provided for in the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.]) in an amount sufficient to repay his recourse loan.
(B) In cases in which nonrecourse loans under such Act are not normally made available directly to producers, the Secretary shall establish procedures under which a producer may repay a recourse loan at the same time the producer receives advances or other payment from the producers disposition of his crop.
(5) Advance recourse loans shall be made available as needed solely to cover costs involved in the production of the 1986 crop that are incurred or are outstanding on or after March 20, 1986.
(6) To obtain an advance recourse loan, the producer on a farm must—
(A) provide as security for the loan a first lien on the crop covered by the loan or provide such other security as may be available to the producer and determined by the Secretary to be adequate to protect the Governments interests; and
(B) obtain multiperil crop insurance, if available, to protect the crop that serves as security for the loan.
If a producer does not have multiperil crop insurance and is located in a county in which the signup period for multiperil crop insurance has expired, the producer shall be required to obtain other crop insurance, if available.
(7) The total amount in advance recourse loans that may be made to a producer under section 424 [7 U.S.C. 1433c] may not exceed $50,000.
(8) An advance recourse loan may be made available only to a producer who agrees to comply with such other terms and conditions determined appropriate by the Secretary and consistent with the provisions of section 424 [7 U.S.C. 1433c].
(b) Use of Commodity Credit Corporation, Agricultural Stabilization and Conservation Service, and county committees The Secretary shall carry out the program provided for under section 424 [7 U.S.C. 1433c] through the Commodity Credit Corporation, using the services of the Agricultural Stabilization and Conservation Service and the county committees established under section 590h(b) of title 16 to make determinations of eligibility with respect to the credit test under subsection (a)(1), and determinations as to the sufficiency of security under subsection (a)(6). The Secretary may use such committees for such other purposes as the Secretary determines appropriate in carrying out section 424.
(c) Regulations It is further the sense of Congress that the Secretary of Agriculture issue or, as appropriate, amend regulations to implement any program established under section 424 [7 U.S.C. 1433c] as soon as practicable, but not later than 15 days after March 20, 1986. Loans and other assistance provided under such program shall be made available beginning on the date such regulations are issued or amended.
(Pub. L. 99260, § 13, Mar. 20, 1986, 100 Stat. 53; Pub. L. 108357, title VI, § 611(q), Oct. 22, 2004, 118 Stat. 1523.)
## Notes
Editorial Notes
References in TextThe Agricultural Act of 1949, referred to in subsec. (a)(4), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Codification Section was enacted as part of the Food Security Improvements Act of 1986, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments2004—Subsec. (a)(2)(B). Pub. L. 108357 struck out “tobacco and” before “peanuts”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108357, set out as an Effective Date note under section 518 of this title.
Savings ProvisionAmendment by sections 611 to 614 of Pub. L. 108357 not to affect the liability of any person under any provision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108357, set out as a note under section 515 of this title.
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# 7 U.S.C. § 1433c - Advance recourse commodity loans
## Text
Notwithstanding any other provision of this Act, the Secretary may make advance recourse loans available to producers of the commodities of the 1986 through 1990 crops for which nonrecourse loans are made available under this Act if the Secretary finds that such action is necessary to ensure that adequate operating credit is available to producers. Such recourse loans may be made available under such reasonable terms and conditions as the Secretary may prescribe, except that the Secretary shall require that a producer obtain crop insurance for the crop as a condition of eligibility for a loan.
(Oct. 31, 1949, ch. 792, title IV, § 424, as added Pub. L. 99198, title X, § 1003, Dec. 23, 1985, 99 Stat. 1447.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesPub. L. 99198, title X, § 1003, Dec. 23, 1985, 99 Stat. 1447, provided that this section is effective for the 1986 through 1990 crops.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
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# 7 U.S.C. § 1433d - Omitted
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title IV, § 425, as added Dec. 19, 1989, Pub. L. 101239, title I, § 1003(a), 103 Stat. 2108, related to reduction of deficiency payments. See Effective and Termination Dates note below.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesPub. L. 101239, title I, § 1003(a), Dec. 19, 1989, 103 Stat. 2108, provided that this section is effective only for the 1990 crops.
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# 7 U.S.C. § 1433e - Repealed. Pub. L. 103354, title II, § 281(b), Oct. 13, 1994, 108 Stat. 3233
## Notes
Section, act Oct. 31, 1949, ch. 792, title IV, § 426, as added Nov. 28, 1990, Pub. L. 101624, title XI, § 1132(a), 104 Stat. 3512; amended Dec. 13, 1991, Pub. L. 102237, title I, § 113(12), 105 Stat. 1838, related to appeals from determinations by State and county committees under Agricultural Act of 1949 and other Acts administered by Agricultural Stabilization and Conservation Service. See section 6991 et seq. of this title.
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# 7 U.S.C. § 1433f - Repealed. Pub. L. 104127, title I, § 171(b)(2)(I), Apr. 4, 1996, 110 Stat. 938
## Notes
Section, act Oct. 31, 1949, ch. 792, title IV, § 427, as added Oct. 13, 1994, Pub. L. 103354, title I, § 119(a)(1), 108 Stat. 3207, required producer to obtain at least catastrophic risk protection insurance coverage as condition of receiving any benefit (including payments) for each of 1995 and subsequent crops of tobacco, rice, extra long staple cotton, upland cotton, feed grains, wheat, peanuts, oilseeds, and sugar.
@@ -0,0 +1,43 @@
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# 7 U.S.C. § 1434 - Encouragement of production of crops of which United States is a net importer and for which price support programs are not in effect; authority to plant on set-aside acreage with no reduction in payment rate
## Text
Notwithstanding any other provisions of this Act, the Secretary shall encourage the production of any crop of which the United States is a net importer and for which a price support program is not in effect by permitting the planting of such crop on set-aside acreage and with no reduction in the rate of payment for the commodity.
(Pub. L. 91524, title VIII, § 814, as added Pub. L. 9386, § 1(27)(B), Aug. 10, 1973, 87 Stat. 240.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 91524, 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.
Codification 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 Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
@@ -0,0 +1,51 @@
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# 7 U.S.C. § 1435 - Production of commodities for conversion into alcohol or hydrocarbons for use as motor fuels or other fuels; terms and conditions; determinations; payments, etc., for program
## Text
(a) The Secretary of Agriculture shall permit, subject to such terms and conditions as the Secretary shall prescribe, all or any part of the acreage set aside or diverted under the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.] from the production of a commodity for any crop year to be devoted to the production of any commodity for conversion into alcohol or hydrocarbons for use as motor fuel or other fuel, if the Secretary of Agriculture determines that such production is desirable in order to provide an adequate supply of commodities for such conversion, is not likely to increase the cost of price support programs, and will not adversely affect farm income.
(b) (1) During any year in which no set-aside or diversion of acreage is in effect under the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], the Secretary of Agriculture may formulate and administer a program for the production, subject to such terms and conditions as he may prescribe, of commodities for conversion into alcohol or hydrocarbons for use as motor fuel or other fuel. Under such program, producers of wheat, feed grains, upland cotton, and rice shall be paid incentive payments to devote a portion of their acreage to such production.
(2) The payments under this subsection shall be made at such rate or rates as the Secretary of Agriculture determines to be fair and reasonable, taking into consideration the participation necessary to ensure an adequate supply of commodities for such conversion.
(3) The Secretary may issue any regulations necessary to carry out the provisions of this subsection.
(4) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection.
(Pub. L. 95113, title XX, § 2001, as added Pub. L. 96294, title II, § 260(a), June 30, 1980, 94 Stat. 709.)
## Notes
Editorial Notes
References in TextThe Agricultural Act of 1949, referred to in subsecs. (a) and (b)(1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Codification Section was enacted as part of the Food and Agriculture Act of 1977 as added by the Biomass Energy and Alcohol Fuels Act of 1980 which is title II of the Energy and Security Act, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
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# 7 U.S.C. § 1436 - Reimbursement of appropriations available for classing or grading agriculture commodities without charge
## Text
On and after June 29, 1949, appropriations available for classing or grading any agricultural commodity without charge to the producers thereof may be reimbursed from nonadministrative funds of the Commodity Credit Corporation for the cost of classing or grading any such commodity for producers who obtain Commodity Credit Corporation price support.
(June 29, 1949, ch. 280, title I, 63 Stat. 344.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 440 of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Department of Agriculture Appropriation Act, 1950, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Executive Documents
Exceptions From Transfer of Functions Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer or entity of, under, or subject to supervision of the said Administration 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.
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citation: "7 U.S.C. § 1436a"
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---
# 7 U.S.C. § 1436a - Transfer of nonadministrative funds of Commodity Credit Corporation for classing and grading purposes
## Text
On and after August 31, 1951, there may be transferred to appropriations available for classing or grading any agricultural commodity without charge to the producers thereof such sums from nonadministrative funds of the Commodity Credit Corporation as may be necessary in addition to other funds available for these purposes, such transfers to be reimbursed from subsequent appropriations therefor.
(Aug. 31, 1951, ch. 374, title I, 65 Stat. 239.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 414a of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Department of Agriculture Appropriation Act, 1952, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
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# 7 U.S.C. § 14411 - Omitted
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title I, § 101A, as added Dec. 23, 1985, Pub. L. 99198, title VI, § 601, 99 Stat. 1419; amended Mar. 20, 1986, Pub. L. 99260, § 2(d), 100 Stat. 47; May 27, 1987, Pub. L. 10045, § 5, 101 Stat. 320; Dec. 22, 1987, Pub. L. 100203, title I, §§ 1101(e), 1102(d), 1113(d), 101 Stat. 13302, 13303, 133010, related to loan rates, target prices, disaster payments, acreage limitation program, and land diversion. See Effective and Termination Dates note below.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesPub. L. 99198, title VI, § 601, Dec. 23, 1985, 99 Stat. 1419, provided that this section is effective only for the 1986 through 1990 crops of rice.
@@ -0,0 +1,55 @@
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# 7 U.S.C. § 14411a - Marketing certificates for rice
## Text
(a) Authority of Commodity Credit Corporation to issue negotiable marketing certificates Notwithstanding any other provision of law, whenever, during the period beginning August 1, 1986, and ending July 31, 1991, the world price for a class of rice (adjusted to United States qualities and location), as determined by the Secretary of Agriculture, is below the current loan repayment rate for that class of rice, to make United States rice competitive in world markets and to maintain and expand exports of rice produced in the United States, the Commodity Credit Corporation, under such regulations as the Secretary may prescribe, shall make payments, through the issuance of negotiable marketing certificates, to persons who have entered into an agreement with the Commodity Credit Corporation to participate in the program established under this section. Such payments shall be made in such monetary amounts and subject to such terms and conditions as the Secretary determines will make rice produced in the United States available at competitive prices consistent with the purposes of this section, including such payments as may be necessary to make rice in inventory on August 1, 1986, available on the same basis.
(b) Determination of value of certificates The value of each certificate issued under subsection (a) shall be based on the difference between—
(1) the loan repayment rate for the class of rice; and
(2) the prevailing world market price for the class of rice, as determined by the Secretary of Agriculture under a published formula submitted for public comment before its adoption.
(c) Commodity Credit Corporation assistance in redemption, marketing, or exchange of certificates The Commodity Credit Corporation, under regulations prescribed by the Secretary of Agriculture, may assist any person receiving marketing certificates under this section in the redemption of certificates for cash, or marketing or exchange of such certificates for (1) rice owned by the Commodity Credit Corporation or (2) (if the Secretary and the person agree) other agricultural commodities or the products thereof owned by the Commodity Credit Corporation, at such times, in such manner, and at such price levels as the Secretary determines will best effectuate the purposes of the program established under this section. Notwithstanding any other provision of law, any price restrictions that may otherwise apply to the disposition of agricultural commodities by the Commodity Credit Corporation shall not apply to the redemption of certificates under this section.
(d) Exchange of certificates for commodities and products Insofar as practicable, the Secretary shall permit owners of certificates to designate the commodities and the products thereof, including storage sites thereof, such owners would prefer to receive in exchange for certificates. If any certificate is not presented for redemption, marketing, or exchange within a reasonable number of days after the issuance of such certificate (as determined by the Secretary), reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after such reasonable number of days and ending with the date of the presentation of such certificate to the Commodity Credit Corporation.
(e) Prevention of adverse effects The Secretary of Agriculture shall take such measures as may be necessary to prevent the marketing or exchange of agricultural commodities and the products thereof for certificates under this section from adversely affecting the income of producers of such commodities or products.
(f) Transfer of certificates Under regulations prescribed by the Secretary of Agriculture, certificates issued to rice exporters under this section may be transferred to other exporters and persons approved by the Secretary.
(Pub. L. 99198, title VI, § 603, Dec. 23, 1985, 99 Stat. 1429.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
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# 7 U.S.C. § 14412 - Repealed. Pub. L. 104127, title I, § 171(b)(2)(A), Apr. 4, 1996, 110 Stat. 938
## Notes
Section, act Oct. 31, 1949, ch. 792, title I, § 101B, as added Nov. 28, 1990, Pub. L. 101624, title VI, § 601, 104 Stat. 3443; amended Nov. 5, 1990, Pub. L. 101508, title I, §§ 1101(d), 1102(c), 104 Stat. 13881, 13882; Dec. 13, 1991, Pub. L. 102237, title I, §§ 102(a), 104, 106(a), 113(1), 105 Stat. 1821, 1823, 1824, 1837; Aug. 10, 1993, Pub. L. 10366, title I, § 1104, 107 Stat. 316; May 6, 1994, Pub. L. 103247, § 1(a), 108 Stat. 618; Oct. 13, 1994, Pub. L. 103354, title I, § 119(a)(2), 108 Stat. 3207, related to loans, payments, and acreage reduction programs for 1991 through 1995 crops of rice.
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# 7 U.S.C. § 1441a - Cost of production study and establishment of current national weighted average cost of production
## Text
The Secretary of Agriculture, in cooperation with the land grant colleges, commodity organizations, general farm organizations, and individual farmers, shall conduct a cost of production study of the wheat, feed grain, cotton, and dairy commodities under the various production practices and establish a current national weighted average cost of production. This study shall be updated annually and shall include all typical variable costs, including interest costs, a return on fixed costs, and a return for management.
(Pub. L. 91524, title VIII, § 808, as added Pub. L. 9386, § 1(27)(B), Aug. 10, 1973, 87 Stat. 237; amended Pub. L. 9798, title XI, § 1117, Dec. 22, 1981, 95 Stat. 1271.)
## Notes
Editorial Notes
Codification 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 Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1981—Pub. L. 9798 inserted “including interest costs,” after “variable costs,”, substituted “, and a return for management” for “equal to the existing interest rates charged by the Federal Land Bank, and return for management comparable to the normal management fees charged by other comparable industries”, and struck out provision that these studies be based upon the size unit that requires one man to farm on a full-time basis.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9798 effective Dec. 22, 1981, see section 1801 of Pub. L. 9798, set out as an Effective Date note under section 4301 of this title.
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# 7 U.S.C. § 1442 - Price support and acreage requirements for corn and other feed grains
## Text
(a) Conditions of eligibility Notwithstanding any other provision of law, whenever base acreages are in effect for corn, the Secretary shall require, as a condition of eligibility for price support on corn, that the producer (1) devote an acreage of cropland (tilled in normal rotation), at the option of the producer, to either the acreage reserve program for corn or the conservation reserve program, equal to 15 per centum of such producers farm base acreage for corn, and (2) not exceed such farm base acreage for corn: Provided, That price support may be made available to any producer who does not meet the foregoing requirements at such level, not in excess of the level of price support to producers who meet such requirements, as the Secretary determines will facilitate the effective operation of the price support program. Corn acreage allotments shall not be effective for the 1956 crop.
(b) Referendum of producers of corn Not later than December 15, 1956, the Secretary shall conduct a referendum of producers of corn in 1956 in the commercial corn-producing area to determine whether such producers favor a price-support program as provided in subsection (c) of this section for the 1957 and subsequent crops in lieu of acreage allotments as provided in the Agricultural Adjustment Act of 1938, as amended [7 U.S.C. 1281 et seq.], and price support as provided in section 1441 of this title.
(c) Restriction on acreage allotment of corn; price support level Notwithstanding any other provision of law, if two-thirds or more of the producers voting in the referendum conducted pursuant to subsection (b) favor a price-support program as provided in this subsection, no acreage allotment of corn shall be established for the commercial corn-producing area for any county, or for any farm, with respect to the 1957 and subsequent crops, and price support made available for such crops by Commodity Credit Corporation shall be at such level as the Secretary determines will assist producers in marketing corn in the normal channels of trade but not encourage the uneconomic production of corn.
(d) Price support level for 1956 and 1957 crops of grain sorghums, barley, rye, oats, and corn Notwithstanding any other provision of law, (1) the level of price support for the 1956 crop of grain sorghums, barley, rye, and oats, respectively, shall be 76 per centum of the parity price for the commodity as of May 1, 1956, (2) the level of price support for corn produced outside the commercial corn-producing area, for any crop for which base acreages are in effect (except as provided in (3) below), shall be 82½ per centum of the level of price support for corn in the commercial corn-producing area to producers complying with acreage limitations, and (3) if price support is made available for the 1957 crop of corn in the commercial corn-producing area to producers not complying with acreage limitations, price support shall be made available for the 1957 crop of grain sorghums, barley, rye, oats, and corn produced outside the commercial corn-producing area, respectively, at a level, not less than 70 per centum of the parity price as of the beginning of the marketing year, determined by the Secretary to be fair and reasonable in relation to the level at which price support is made available for corn in the commercial corn-producing area to producers not complying with acreage limitations, taking into consideration the normal price relationships between such commodity and corn in the commercial area, the feed value of such commodity in relation to corn, the supply of such commodity in relation to the demand therefor, and the ability to dispose of stocks of such commodity acquired through price support programs.
(May 28, 1956, ch. 327, title III, § 308, 70 Stat. 206.)
## Notes
Editorial Notes
References in TextThe Agricultural Adjustment Act of 1938, referred to in subsec. (b), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables.
Codification Section was enacted as part of the Agricultural Act of 1956, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Statutory Notes and Related Subsidiaries
Referendum of Producers of CornThe referendum provided for in subsec. (b) of this section was held on Dec. 11, 1956, and the required two-thirds vote was not obtained in favor of the price support program provided for in subsec. (c) of this section. See 22 F.R. 480.
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# 7 U.S.C. § 1443 - Omitted
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title I, § 102, as added Aug. 28, 1958, Pub. L. 85835, title I, § 101, 72 Stat. 988, related to acreage allotment and price support levels for the 1959 and 1960 crops of upland cotton.
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# 7 U.S.C. § 14441 - Omitted
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title I, § 103A, as added Dec. 23, 1985, Pub. L. 99198, title V, § 501, 99 Stat. 1407; amended Mar. 20, 1986, Pub. L. 99260, § 2(c), 100 Stat. 46; May 27, 1987, Pub. L. 10045, § 4, 101 Stat. 319; Dec. 22, 1987, Pub. L. 100203, title I, §§ 1101(c), 1102(c), 1113(c), 101 Stat. 13301, 13303, 13309, related to loan rates, target prices, disaster payments, acreage limitation program, and land diversion. See Effective and Termination Dates note below.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesPub. L. 99198, title V, § 501, Dec. 23, 1985, 99 Stat. 1407, provided that this section is effective only for the 1986 through 1990 crops of upland cotton.
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# 7 U.S.C. § 14442 - Repealed. Pub. L. 104127, title I, § 171(b)(2)(B), Apr. 4, 1996, 110 Stat. 938
## Notes
Section, act Oct. 31, 1949, ch. 792, title I, § 103B, as added Nov. 28, 1990, Pub. L. 101624, title V, § 501, 104 Stat. 3421; amended Nov. 5, 1990, Pub. L. 101508, title I, § 1101(c), 104 Stat. 13881; Dec. 13, 1991, Pub. L. 102237, title I, §§ 102(b), 106(b), 107, 113(2), (3), 125, 126, 105 Stat. 1821, 1825, 1827, 1837, 1845; Aug. 10, 1993, Pub. L. 10366, title I, § 1101(a), 107 Stat. 313; May 6, 1994, Pub. L. 103247, § 1(a), 108 Stat. 618; Oct. 13, 1994, Pub. L. 103354, title I, § 119(a)(3), 108 Stat. 3207; Dec. 8, 1994, Pub. L. 103465, title IV, § 401(b)(2), 108 Stat. 4957; Aug. 20, 1996, Pub. L. 104188, title I, § 1954(b)(5), 110 Stat. 1928, related to loans, payments, and acreage reduction programs for 1991 through 1997 crops of upland cotton.
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# 7 U.S.C. § 1444a - Corn and feed grains and cotton programs
## Text
(a) Referendum of 1958 corn producers Not later than December 15, 1958, the Secretary shall conduct a referendum of producers of corn in 1958 in the commercial corn-producing area for 1958 to determine whether such producers favor a price support program as provided in subsection (b) of this section for the 1959 and subsequent crops in lieu of acreage allotments as provided in the Agricultural Adjustment Act of 1938, as amended [7 U.S.C. 1281 et seq.], and price support as provided in section 1441 of this title.
(b) Operative status of certain provisions Notwithstanding any other provision of law, if less than a majority of the producers voting in the referendum conducted pursuant to subsection (a) favor a price support program as provided in this subsection (b), the following provisions of law shall become inoperative:
(1) [Section enacted section 1329a of this title.]
(2) [Section enacted section 1444b of this title.]
(3) [Section repealed section 1441(d)(4) of this title.]
(c) Cotton research program The Secretary of Agriculture is hereby authorized and directed to conduct a special cotton research program designed to reduce the cost of producing upland cotton in the United States at the earliest practicable date. There are hereby authorized to be appropriated such sums, not to exceed $10,000,000 annually, as may be necessary for the Secretary to carry out this special research program. The Secretary shall report annually to the Committee on Agriculture of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate with respect to the results of such research.
(d) Cotton insect eradication In order to reduce cotton production costs, to prevent the movement of certain cotton plant insects to areas not now infested, and to enhance the quality of the environment, the Secretary is authorized and directed to carry out programs to destroy and eliminate cotton boll weevils in infested areas of the United States as provided herein and to carry out similar programs with respect to pink bollworms or any other major cotton insect if the Secretary determines that methods and systems have been developed to the point that success in eradication of such insects is assured. The Secretary shall carry out the eradication programs authorized by this subsection through the Commodity Credit Corporation. In carrying out insect eradication projects, the Secretary shall utilize the technical and related services of appropriate Federal, State, private agencies, and cotton organizations. Producers and landowners in an eradication zone, established by the Secretary, who are receiving benefits from any program administered by the United States Department of Agriculture, shall, as a condition of receiving or continuing any such benefits, participate in and cooperate with the eradication project, as specified in regulations of the Secretary. The Secretary may issue such regulations as he deems necessary to enforce the provisions of this subsection with respect to achieving the compliance of producers and landowners who are not receiving benefits from any program administered by the United States Department of Agriculture. Any person who knowingly violates any such regulation promulgated by the Secretary under this subsection may be assessed a civil penalty of not to exceed $5,000 for each offense. No civil penalty shall be assessed unless the person shall have been given notice and opportunity for a hearing on such charge in the county, parish, or incorporated city of the residence of the person charged. In determining the amount of the penalty the Secretary shall consider the appropriateness of such penalty to the size of the business of the person charged, the effect on the persons ability to continue in business, and the gravity of the violation. Where special measures deemed essential to achievement of the eradication objective are taken by the project and result in a loss of production and income to the producer, the Secretary shall provide reasonable and equitable indemnification from funds available for the project and also provide for appropriate protection of the allotment, acreage history, and average yield for the farm. The cost of the program in each eradication zone shall be determined, and cotton producers in the zone shall be required to pay up to one-half thereof, with the exact share in each zone area to be specified by the Secretary upon his finding that such share is reasonable and equitable based on population levels of the target insect and the degree of control measures normally required. Each producers pro rata share shall be deducted from his cotton payment under this Act or otherwise collected, as provided in regulations of the Secretary. Insofar as practicable, cotton producers and other persons engaged in cotton production in the eradication zone shall be employed to participate in the work of the project in such zone. Funding of the program shall be terminated at such time as the Secretary determines and reports to the Congress that complete eradication of the insects for which programs are undertaken pursuant to this subsection has been accomplished. Funds in custody of agencies carrying out the program shall, upon termination of such program, be accounted for to the Secretary for appropriate disposition. The Secretary is authorized to cooperate with the Government of Mexico in carrying out operations or measures in Mexico which he deems necessary and feasible to prevent the movement into the United States from Mexico of any insects eradicated under the provisions of this subsection. The measure and character of cooperation carried out under this subsection on the part of the United States and on the part of the Government of Mexico, including the expenditure or use of funds made available by the Secretary under this subsection, shall be such as may be prescribed by the Secretary. Arrangements for the cooperations authorized by this subsection shall be made through and in consultation with the Secretary of State. The Commodity Credit Corporation shall not make any expenditures for carrying out the purposes of this subsection unless the Corporation has received funds to cover such expenditures from appropriations made to carry out the purposes of this subsection. There are hereby authorized to be appropriated to the Commodity Credit Corporation such sums as the Congress may from time to time determine to be necessary to carry out the purposes of this subsection.
(Oct. 31, 1949, ch. 792, title I, § 104, as added Pub. L. 85835, title II, § 201, Aug. 28, 1958, 72 Stat. 993; amended Pub. L. 88297, title I, § 103(a), Apr. 11, 1964, 78 Stat. 174; Pub. L. 91524, title VI, § 611, Nov. 30, 1970, as added Pub. L. 9386, § 1(24), Aug. 10, 1973, 87 Stat. 235; Pub. L. 103437, § 4(a)(6), Nov. 2, 1994, 108 Stat. 4581.)
## Notes
Editorial Notes
References in TextThe Agricultural Adjustment Act of 1938, as amended, referred to in subsec. (a), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables. This Act, referred to in subsec. (d), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Codification Subsec. (b)(1) of this section, as added by section 201 of Pub. L. 85835, enacted section 330 of Agricultural Adjustment Act of 1938, which is classified as section 1329a of this title. Subsec. (b)(2) of this section, as added by section 201 of Pub. L. 85835, enacted section 105 of Agricultural Act of 1949, which is classified as section 1444b of this title. Subsec. (b)(3) of this section, as added by section 201 of Pub. L. 85835, repealed section 101(d)(4) of Agricultural Act of 1949, and was executed to text in the repeal of section 1441(d)(4) of this title.
Amendments1994—Subsec. (c). Pub. L. 103437 substituted “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”. 1973—Subsec. (d). Pub. L. 91524, § 611, as added Pub. L. 9386, § 1(24), added subsec. (d). 1964—Subsec. (c). Pub. L. 88297 added subsec. (c).
Statutory Notes and Related Subsidiaries
1958 Referendum for Selection of Alternative Corn Program; Operative Status of Certain ProvisionsCorn producers voted for adoption of price support program as provided in subsec. (b) of this section (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.
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# 7 U.S.C. § 1444e1 - Loans and purchases for 1986 through 1996 crops of corn
## Text
(a) Notwithstanding any other provision of law, effective only for each of the 1986 through 1996 crops of feed grains, the Secretary of Agriculture may make available loans and purchases, as provided in this section, to producers on a farm who—
(1) for silage—
(A) cut corn (including mutilated corn) that the producers have produced in such crop year; or
(B) purchase or exchange corn (including mutilated corn) that has been produced in such crop year by another producer (including a producer that is not participating in an acreage limitation or set-aside program for such crop established by the Secretary); and
(2) participate in an acreage limitation or set-aside program for such crop of corn established by the Secretary.
(b) Such loans and purchases may be made on a quantity of corn of the same crop, other than the corn obtained for silage, acquired by the producer equivalent to a quantity determined by multiplying—
(1) the acreage of corn obtained for silage; by
(2) the lower of the farm program payment yield or the actual yield on a field, as determined by the Secretary, that is similar to the field from which such silage was obtained.
(Pub. L. 99198, title IV, § 403, Dec. 23, 1985, 99 Stat. 1406; Pub. L. 101624, title IV, § 403, Nov. 28, 1990, 104 Stat. 3419.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1990—Subsec. (a). Pub. L. 101624 substituted “1996” for “1990” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as a note under section 1421 of this title.
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# 7 U.S.C. § 1444e - Omitted
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title I, § 105A, formerly § 105C, as added Dec. 23, 1985, Pub. L. 99198, title IV, § 401, 99 Stat. 1395; amended Feb. 28, 1986, Pub. L. 99253, § 2, 100 Stat. 36; Mar. 20, 1986, Pub. L. 99260, §§ 2(b), 7(b), 100 Stat. 46, 50; May 27, 1987, Pub. L. 10045, § 3, 101 Stat. 319; Dec. 22, 1987, Pub. L. 100203, title I, §§ 1101(b), 1102(b), 1103, 1107, 1113(b), 1202, 101 Stat. 13301 to 13303, 13305, 13309, 133011; Dec. 12, 1989, Pub. L. 101220, § 1, 103 Stat. 1876; Dec. 19, 1989, Pub. L. 101239, title I, §§ 1002(b), 1003(b)(2), 103 Stat. 2107, 2108; renumbered § 105A, Nov. 28, 1990, Pub. L. 101624, title IV, § 401(2), 104 Stat. 3400, related to loan rates, target prices, disaster payments, acreage limitation and set-aside programs, and land diversion. See Effective and Termination Dates note below.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesPub. L. 99198, title IV, § 401, Dec. 23, 1985, 99 Stat. 1395, provided that this section is effective only for the 1986 through 1990 crops of feed grains.
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# 7 U.S.C. § 1444f1 - Repealed. Pub. L. 102237, title I, § 114(b)(2), Dec. 13, 1991, 105 Stat. 1840
## Notes
Section, Pub. L. 101624, title IV, § 404, Nov. 28, 1990, 104 Stat. 3419, related to price support for high moisture feed grains. See section 1444f(q) of this title.
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# 7 U.S.C. § 1444f - Repealed. Pub. L. 104127, title I, § 171(b)(2)(C), Apr. 4, 1996, 110 Stat. 938
## Notes
Section, act Oct. 31, 1949, ch. 792, title I, § 105B, as added Nov. 28, 1990, Pub. L. 101624, title IV, § 401(3), 104 Stat. 3401; amended Nov. 5, 1990, Pub. L. 101508, title I, §§ 1101(b), 1102(b), 1103(b), 104 Stat. 13881, 13882; Dec. 13, 1991, Pub. L. 102237, title I, §§ 102(c), 103(a), 105, 106(c), 108, 113(4), (5), 114(b)(1), 105 Stat. 1822, 1823, 1825, 1828, 1837, 1839; Aug. 10, 1993, Pub. L. 10366, title I, § 1103, 107 Stat. 315; May 6, 1994, Pub. L. 103247, § 1(b), 108 Stat. 618; Oct. 13, 1994, Pub. L. 103354, title I, § 119(a)(4), 108 Stat. 3207, related to loans, payments, and acreage reduction programs for 1991 through 1995 crops of feed grains.
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# 7 U.S.C. § 14453 - Purchase of inventory stock
## Text
Notwithstanding any other provision of law, in order to reduce or eliminate the excessive inventories of Flue-cured and Burley tobacco held by associations from the 1976 through 1984 crops, and in order to provide for the orderly disposition of such excessive inventories of tobacco in a manner that will not disrupt the orderly marketing of new tobacco crops and will minimize any losses to the Federal Government:
(a) Sale of inventory stock (1) 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 shall offer to sell the stocks of Flue-cured tobacco of the association from the 1976 through 1984 crops as provided in this section.
(2) Each 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 Burley tobacco shall offer to sell its stocks of Burley tobacco from the 1982 and 1984 crops as provided in this section.
(3) (A) (i) Not later than 30 days after April 7, 1986, the Commodity Credit Corporation shall acquire title to the Burley tobacco from the 1983 crop that is pledged as security for loans on such tobacco by calling the loans on such tobacco.
(ii) The Corporation shall, then, offer such tobacco for sale at such times, in such quantities, and subject to such conditions as the Corporation considers appropriate.
(B) If the Commodity Credit Corporation has not sold all of the stocks of the 1983 crop of Burley tobacco within 2 years from the date the Corporation calls the loans on such tobacco, the Corporation may offer to sell to domestic manufacturers of cigarettes the remaining stocks of such tobacco as provided in this section.
(b) Sale prices (1) (A) The stocks of Flue-cured tobacco from the 1976 through 1984 crops shall be offered for sale at the base prices, including carrying charges, in effect as of the date of the offer, reduced by—
(i) 90 percent for Flue-cured tobacco from the 1976 through 1981 crops; and
(ii) 10 percent for Flue-cured tobacco from the 1982 through 1984 crops.
(B) The purchasers of the stocks of Flue-cured tobacco from the 1976 through 1984 crops shall pay the full carrying charges that have accrued to such tobacco from the date of the offer made under this section to the date that such tobacco is removed from the inventory of the association.
(2) (A) The stocks of Burley tobacco from the 1982 crop shall be offered for sale at the listed base price in effect as of July 1, 1985.
(B) The stocks of Burley tobacco from the 1984 crop shall be offered for sale at the costs of the association for such tobacco as of April 7, 1986.
(C) The purchasers of the stocks of Burley tobacco from the 1982 crop shall pay the full carrying charges that have accrued to such tobacco.
(D) The purchasers of the stocks of Burley tobacco from the 1984 crop shall pay the full carrying charges that have accrued to such tobacco from April 7, 1986, to the date such tobacco is removed from the inventories of the associations.
(3) (A) After the 2-year period specified in subsection (a)(3)(B) has expired, if the Commodity Credit Corporation offers to sell the stocks of the Corporation of Burley tobacco from the 1983 crop to domestic manufacturers of cigarettes, such stocks shall be offered for sale at the costs of the association, including carrying charges, as of the date on which the Corporation calls the loans on such tobacco, reduced by 90 percent.
(B) Neither tobacco producers nor tobacco purchasers shall be responsible for carrying charges that accrue to the 1983 crop of Burley tobacco after the date on which the Commodity Credit Corporation calls the loans on such tobacco.
(c) Terms of agreements (1) (A) Each domestic manufacturer of cigarettes may enter into agreements to purchase inventory stocks of Flue-cured and Burley tobacco, in accordance with this section.
(B) To be eligible for the reductions in price specified in this section, such manufacturer shall enter into such agreements as soon as practicable, but not later than 90 days after April 7, 1986, except that, with respect to the 1983 crop of Burley tobacco, if the Corporation offers to sell the stocks of such tobacco pursuant to subsection (b)(3)(A), such agreements shall be entered into as soon as practicable, but not later than 90 days after the end of the 2-year period referred to in subsection (a)(3)(B).
(C) (i) Such agreements shall provide that, over a period of time, each participating domestic manufacturer of cigarettes shall purchase a percentage of the stocks of Flue-cured and Burley tobacco held—
(I) by the producer-owned cooperative marketing associations at the close of the 1984 marketing year; or
(II) in the case of the 1983 crop of Burley tobacco, by the Commodity Credit Corporation at the time the Corporation offers such tobacco for sale to domestic manufacturers of cigarettes under this section.
(ii) The period of time referred to in clause (i) may not exceed—
(I) in the case of Flue-cured tobacco, 8 years from April 7, 1986;
(II) in the case of Burley tobacco from the 1982 and 1984 crops, 5 years from April 7, 1986; and
(III) in the case of the 1983 crop of Burley tobacco, 5 years from the end of the 2-year period referred to in subsection (a)(3)(B).
(2) (A) (i) The percentage to be purchased by each participating manufacturer shall be at least equal to the respective percentage of the participating manufacturer of the total quantity of net cigarettes manufactured for use as determined by the Secretary of Agriculture under this paragraph on the basis of the monthly reports (“Manufacturer of Tobacco Products—Monthly Reports”) submitted by manufacturers of tobacco products to the Tax and Trade Bureau of the Department of the Treasury.
(ii) The Secretary of Agriculture shall request from the Secretary of the Treasury copies of such monthly reports necessary to make the determinations required under this section.
(iii) Notwithstanding any other provision of law, the Secretary of the Treasury may release and disclose such information to the Secretary of Agriculture.
(B) “Net cigarettes manufactured for use” shall be computed by subtracting—
(i) the cumulative figures entered for large and small cigarettes in item 16f of ATF Form 3068 (“Reduction to tobacco”); from
(ii) the cumulative figures entered for large and small cigarettes in item 7 of such form (“Manufactured”).
(C) (i) The percentage to be purchased by each participating manufacturer shall be determined—
(I) on April 7, 1986; and
(II) annually thereafter over the course of the respective buy-out periods specified in this subsection.
(ii) Such percentage shall be determined by dividing—
(I) the average net cigarettes manufactured by a manufacturer for use for the 12-month period immediately preceding the appropriate determination date (April 7, 1986, and annually thereafter over the course of the respective buy-out periods specified in this subsection); by
(II) the aggregate average net cigarettes manufactured by all domestic cigarette manufacturers for use for such 12-month period.
(D) (i) The quantity of tobacco to be purchased by each participating manufacturer shall be determined annually.
(ii) Such quantity shall be based on—
(I) the percentage of net cigarettes of a manufacturer manufactured for use, as determined under subparagraph (C); multiplied by
(II) the appropriate annual quantity to be withdrawn from the inventories of the associations or the Commodity Credit Corporation.
(iii) The appropriate annual quantity to be withdrawn from inventories shall be—
(I) 12½ percent of the inventories of Flue-cured tobacco from the 1976 through 1984 crops on hand on April 7, 1986;
(II) 20 percent of the inventories of Burley tobacco from the 1982 and 1984 crops on hand on April 7, 1986; and
(III) 20 percent of the inventories of Burley tobacco from the 1983 crop held by the Commodity Credit Corporation on the date that is 2 years after the call of the loans on such tobacco by the Corporation.
(E) Any purchases by a manufacturer from the inventories of the associations or from the Commodity Credit Corporation for a crop covered by this section in any year of the buy-out period that exceed the quantity of the purchases of the manufacturer required under the agreement, as determined under this section, shall be applied against future purchases required of such manufacturer.
(3) In carrying out this section, manufacturers may confer with one another and, separately or collectively, with associations, the Secretary of Agriculture, and the Commodity Credit Corporation, as may be necessary or appropriate to carry out this section and the purposes of this subtitle.11 See References in Text note below.
(d) Approval of agreements (1) (A) Each agreement entered into under this section shall be submitted to the Secretary of Agriculture for review and approval.
(B) In the case of an agreement to purchase tobacco from the inventory of a producer association, the agreement shall be submitted by the association.
(C) No agreement may become effective until approved by the Secretary.
(2) The Secretary of Agriculture shall not approve any agreement submitted under this section unless the Secretary has determined that—
(A) the agreement—
(i) will not unduly impair or disrupt the orderly marketing of current and future tobacco crops during the term of the agreement; and
(ii) is otherwise consistent with the purposes of this subtitle; 1 and
(B) the price and other terms of sale are uniform and nondiscriminatory among various purchasers.
(e) Disclosure The limitations on disclosure set forth in subsections (c) and (d) of section 1314g 1 of this title shall apply to information submitted by domestic manufacturers of cigarettes under this section with respect to net cigarettes manufactured for use, including information provided on ATF Form 3068. 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) 1 of this title.
(Pub. L. 99272, title I, § 1109, Apr. 7, 1986, 100 Stat. 95; Pub. L. 107296, title XI, § 1112(b), Nov. 25, 2002, 116 Stat. 2276.)
## Notes
Editorial Notes
References in TextThis subtitle, referred to in subsecs. (c)(3) and (d)(2)(A)(ii), is subtitle B (§§ 11011112) of title I of Pub. L. 99272, Apr. 7, 1986, 100 Stat. 83, which enacted sections 1314g, 1314h, and 14453 of this title, amended sections 511d, 1301, 1312, 1314c, 1314e, 1372, 1445, 14451, and 14452 of this title, and enacted provisions set out as notes under sections 1301, 1314c, 1314e, 1314g, 1314h, 1372, 1445, 14451, and 14452 of this title. For complete classification of this subtitle to the Code, see Tables. Section 1314g of this title, referred to in subsec. (e), was repealed by Pub. L. 108357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522.
Codification Section was enacted as part of the Consolidated Omnibus Budget Reconciliation Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments2002—Subsec. (c)(2)(A)(i). Pub. L. 107296 substituted “by manufacturers of tobacco products to the Tax and Trade Bureau” for “(on ATF Form 3068) by manufacturers of tobacco products to the Bureau of Alcohol, Tobacco and Firearms”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Rulemaking ProceduresFor implementation of this section by the Secretary of Agriculture 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. 99272, set out as a note under section 1301 of this title.
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# 7 U.S.C. § 1445 to 14452 - Repealed. Pub. L. 108357, title VI, § 612(a), Oct. 22, 2004, 118 Stat. 1523
## Notes
Section 1445, act Oct. 31, 1949, ch. 792, title I, § 106, as added Pub. L. 86389, § 1, Feb. 20, 1960, 74 Stat. 6; amended Pub. L. 8912, § 3, Apr. 16, 1965, 79 Stat. 72; Pub. L. 9210, § 3, Apr. 14, 1971, 85 Stat. 27; Pub. L. 97218, title I, § 102, July 20, 1982, 96 Stat. 201; Pub. L. 9859, § 1, July 25, 1983, 97 Stat. 296; Pub. L. 98180, title II, § 202, Nov. 29, 1983, 97 Stat. 1144; Pub. L. 99157, § 6(a), Nov. 15, 1985, 99 Stat. 818; Pub. L. 99272, title I, §§ 1102, 1105(b), Apr. 7, 1986, 100 Stat. 84, 90; Pub. L. 100203, title I, § 1104(a), Dec. 22, 1987, 101 Stat. 13304; Pub. L. 101508, title I, § 1105(f), Nov. 5, 1990, 104 Stat. 13886; Pub. L. 10366, title I, § 1106(b)(1), Aug. 10, 1993, 107 Stat. 321; Pub. L. 103465, title IV, § 422(b), Dec. 8, 1994, 108 Stat. 4964, related to tobacco price support levels for 1960 and subsequent years.
Section 14451, act Oct. 31, 1949, ch. 792, title I, § 106A, as added Pub. L. 97218, title I, § 101, July 20, 1982, 96 Stat. 197; amended Pub. L. 98180, title II, § 203, Nov. 29, 1983, 97 Stat. 1145; Pub. L. 99272, title I, § 1108(a), (d), Apr. 7, 1986, 100 Stat. 92, 95; Pub. L. 99500, § 101(a) [title VI, § 637], Oct. 18, 1986, 100 Stat. 1783, 178334, and Pub. L. 99591, § 101(a) [title VI, § 637], Oct. 30, 1986, 100 Stat. 3341, 334134; Pub. L. 10366, title I, § 1106(b)(2), Aug. 10, 1993, 107 Stat. 321, related to producer contributions and purchaser assessments for the No Net Cost Tobacco Fund.
Section 14452, act Oct. 31, 1949, ch. 792, title I, § 106B, as added Pub. L. 97218, title III, § 301, July 20, 1982, 96 Stat. 207; amended Pub. L. 98180, title II, § 204, Nov. 29, 1983, 97 Stat. 1145; Pub. L. 99157, § 6(b), Nov. 15, 1985, 99 Stat. 818; Pub. L. 99272, title I, § 1108(b), Apr. 7, 1986, 100 Stat. 94; Pub. L. 10366, title I, § 1106(b)(3), Aug. 10, 1993, 107 Stat. 322, related to marketing assessments to No Net Cost Tobacco Account.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108357, set out as an Effective Date note under section 518 of this title.
Savings ProvisionRepeal not to affect the liability of any person under sections 1445 to 14452 of this title with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108357, set out as a note under section 515 of this title.
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# 7 U.S.C. § 1445a - Wheat price support levels; “cooperator” defined
## Text
Notwithstanding the provisions of section 1441 of this title, beginning with the 1964 crop—
(1) Price support for wheat accompanied by domestic certificates shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines appropriate, taking into consideration the factors specified in section 1421(b) of this title.
(2) Price support for wheat accompanied by export certificates shall be at such level not more than 90 per centum of the parity price therefor as the Secretary determines appropriate, taking into consideration the factors specified in section 1421(b) of this title.
(3) Price support for wheat not accompanied by marketing certificates shall be at such level, not in excess of 90 per centum of the parity price therefor, as the Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains.
(4) Price support shall be made available only to cooperators: and, if a commercial wheat-producing area is established for such crop, price support shall be made available only in the commercial wheat-producing area.
(5) Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, the level of price support for any crop of wheat for which a national marketing quota is not proclaimed or for which marketing quotas have been disapproved by producers shall be as provided in section 1441 of this title.
(6) A “cooperator” with respect to any crop of wheat produced on a farm shall be a producer who (i) does not knowingly exceed (A) the farm acreage allotment for wheat on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment for wheat on any other farm on which the producer shares in the production of wheat, and (ii) complies with the land-use requirements of section 1339 of this title, to the extent prescribed by the Secretary. Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, if marketing quotas are not in effect for the crop of wheat, a “cooperator” with respect to any crop of wheat produced on a farm shall be a producer who does not knowingly exceed the farm acreage allotment for wheat. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if 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, but the producer shall not be eligible to receive price support on such marketing excess. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 1335 of this title. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to the provisions of section 1379c(b) of this title, but the producer shall not be eligible to receive price support on the wheat so stored.
(Oct. 31, 1949, ch. 792, title I, § 107, as added Pub. L. 87703, title III, § 325(1), Sept. 27, 1962, 76 Stat. 630; amended Pub. L. 88297, title II, § 203, Apr. 11, 1964, 78 Stat. 182; Pub. L. 89321, title V, § 506, Nov. 3, 1965, 79 Stat. 1203; Pub. L. 90559, § 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91524, title IV, § 401, Nov. 30, 1970, 84 Stat. 1362; Pub. L. 9386, § 1(8), Aug. 10, 1973, 87 Stat. 224; Pub. L. 93125, § 1(b), Oct. 18, 1973, 87 Stat. 450; Pub. L. 93228, § 1(a), Dec. 29, 1973, 87 Stat. 944.)
## Notes
Editorial Notes
Amendments1973—Subsec. (a). Pub. L. 9386, § 1(8)(A), temporarily amended subsec. (a) generally, substituting “$1.37 per bushel” for “$1.25 per bushel”. See Effective and Termination Dates of 1970 and 1973 Amendment notes below. Subsec. (b). Pub. L. 9386, § 1(8)(B), temporarily substituted “payments” for “certificates”. See Effective and Termination Dates of 1970 and 1973 Amendment notes below. Subsec. (c). Pub. L. 93228 substituted “(or of cotton, corn, grain sorghums, or barley planted in lieu of wheat)” for “(or other nonconserving crop planted instead of wheat)”, in two places. Pub. L. 93125 substituted “prevented from planting any portion” for “prevented from planting, any portion”. Pub. L. 9386, § 1(8)(C), (D), temporarily added subsec. (c). See Effective and Termination Dates of 1970 and 1973 Amendment notes below. 1970—Pub. L. 91524 temporarily revised section into subsecs. (a) and (b) which provided for loans on wheat at such levels not in excess of the parity price as the Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains, provided that, if a set-aside program is in effect, program benefits would be made available only to producers who comply with such set-aside program, and placed a floor on the loan of $1.25 per bushel. See Effective and Termination Dates of 1970 Amendment note below. 1968—Subsec. (2). Pub. L. 90559 provided for a one year extension through 1970. 1965—Pub. L. 89321 temporarily raised the wheat support level to 100 per centum of parity or as near to 100 per centum as the Secretary determines to be practicable, placed a floor of 100 per centum of parity for wheat accompanied by marketing certificates and $1.25 for wheat not so accompanied under the 1966 crop, guaranteed to cooperators for 1967 through 1969 crops a total average rate of return per bushel of not less than the total average rate of return per bushel made available to cooperators through loans and domestic marketing certificates for the 1966 crop where the diversion factor is not less than 10 per centum, and eliminated reference to classification as cooperators of producers who do not knowingly exceed the farm acreage allotment for wheat in cases where marketing quotas are not in effect. See Effective and Termination Dates of 1965 Amendment note below. 1964—Subsec. (1). Pub. L. 88297 substituted “domestic certificates” for “marketing certificates”. Subsec. (2). Pub. L. 88297 added subsec. (2). Former subsec. (2) redesignated (3). Subsec. (3). Pub. L. 88297 redesignated former subsec. (2) as (3), struck out introductory clause “if marketing quotas are in effect for wheat”, and inserted “not in excess of 90 per centum of the parity price therefor.” Former subsec. (3) redesignated (4). Subsec. (4). Pub. L. 88297 redesignated former subsec. (3) as (4). Former subsec. (4) redesignated (5). Subsec. (5). Pub. L. 88297 redesignated former subsec. (4) as (5) and inserted introductory phrase “Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year,”. Former subsec. (5) redesignated (6). Subsec. (6). Pub. L. 88297 redesignated former subsec. (5) as (6), struck out introductory clause “if marketing quotas are in effect for the crop of wheat”, struck out from cl. (i)(A) “or any other commodity” after “wheat”, substituted in cl. (i)(B) “the farm acreage allotment for wheat on any other farm on which the producer shares in the production of wheat” for “the farm acreage allotment on any other farm for any commodity in which he has an interest as a producer”, inserted “Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year,” before “if marketing quotas”, and inserted provision for deeming a producer as not having exceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to section 1379c(b) of this title, but making the producer ineligible to receive price support on the wheat so stored.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1973 AmendmentPub. L. 9386, § 1(8), Aug. 10, 1973, 87 Stat. 224, provided that the amendment made by section 1(8) is effective beginning with the 1974 crop.
Effective and Termination Dates of 1970 AmendmentPub. L. 91524, title IV, § 401, Nov. 30, 1970, 84 Stat. 1362, as amended by Pub. L. 9386, § 1(8), Aug. 10, 1973, 87 Stat. 224, provided that the amendment made by section 401 is effective only with respect to the 1971 through 1977 crops of wheat.
Effective and Termination Dates of 1965 AmendmentPub. L. 89321, title V, § 506, Nov. 3, 1965, 79 Stat. 1203, as amended by Pub. L. 90559, § 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment made by section 506 is effective only with respect to the 1966 through 1970 crops.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(4) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(4) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(4) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(D) of this title. Pub. L. 101624, title III, § 305, Nov. 28, 1990, 104 Stat. 3400, provided that: “Section 107 of the Agricultural Act of 1949 (7 U.S.C. 1445a) shall not be applicable to the 1991 through 1995 crops of wheat.” Pub. L. 99198, title III, § 312, Dec. 23, 1985, 99 Stat. 1395, provided that: “Section 107 of the Agricultural Act of 1949 (7 U.S.C. 1445a) shall not be applicable to the 1986 through 1990 crops of wheat.” Pub. L. 9798, title III, § 305, Dec. 22, 1981, 95 Stat. 1227, provided that: “Section 107 of the Agricultural Act of 1949 [this section] shall not be applicable to the 1982 through 1985 crops of wheat.” Pub. L. 95113, title IV, § 409, Sept. 29, 1977, 91 Stat. 928, provided that: “Section 107 of the Agricultural Act of 1949, as amended [this section], shall not be applicable to the 1977 through 1981 crops of wheat.” Pub. L. 95113, title IV, § 410, Sept. 29, 1977, 91 Stat. 928, provided that: “Except as otherwise provided in section 401 of this Act [enacting section 1445b(a)(c) of this title effective only for the 1977 through 1981 crops of wheat], section 107 of the Agricultural Act of 1949, as added by the Agricultural Act of 1970, as amended [this section as amended by Pub. L. 91524, as amended], to be effective only for the 1974 through 1977 crops of wheat, shall not be applicable to the 1977 crop of wheat.”
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# 7 U.S.C. § 1445b2 - Transferred
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title I, § 107C, as added Sept. 8, 1982, Pub. L. 97253, title I, § 120, 96 Stat. 766, and amended, which related to advance deficiency and diversion payments, was renumbered section 114 of act Oct. 31, 1949, by Pub. L. 101624, title XI, § 1161(a)(1), Nov. 28, 1990, 104 Stat. 3520, and transferred to section 1445j of this title.
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# 7 U.S.C. § 1445b3 - Omitted
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title I, § 107A, formerly § 107D, as added Dec. 23, 1985, Pub. L. 99198, title III, § 308, 99 Stat. 1383; amended Feb. 28, 1986, Pub. L. 99253, § 1, 100 Stat. 36; Mar. 20, 1986, Pub. L. 99260, §§ 2(a), 7(a), 100 Stat. 45, 50; Oct. 18, 1986, Pub. L. 99500, § 152, 100 Stat. 1783352, and Oct. 30, 1986, Pub. L. 99591, § 152, 100 Stat. 3341355; Nov. 10, 1986, Pub. L. 99641, title II, § 202, 100 Stat. 3563; May 27, 1987, Pub. L. 10045, § 2, 101 Stat. 318; Dec. 22, 1987, Pub. L. 100203, title I, §§ 1101(a), 1102(a), 1111, 1113(a), 1201, 101 Stat. 13301, 13302, 13307, 13308, 133010; renumbered § 107A, Nov. 28, 1990, Pub. L. 101624, title III, § 301(2), 104 Stat. 3382, related to loan rates and target prices. See Effective and Termination Dates note below. A prior section 107A of act Oct. 31, 1949, ch. 792, title I, as added Sept. 29, 1977, Pub. L. 95113, title IV, §§ 401, 402, 91 Stat. 921, 924, was classified to section 1445b of this title, prior to repeal by section 301(1) of Pub. L. 101624.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesPub. L. 99198, title III, § 308, Dec. 23, 1985, 99 Stat. 1383, provided that this section is effective only for the 1986 through 1990 crops of wheat.
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# 7 U.S.C. § 1445b3a - Repealed. Pub. L. 104127, title I, § 171(b)(2)(D), Apr. 4, 1996, 110 Stat. 938
## Notes
Section, act Oct. 31, 1949, ch. 792, title I, § 107B, as added Nov. 28, 1990, Pub. L. 101624, title III, § 301(3), 104 Stat. 3382; amended Nov. 5, 1990, Pub. L. 101508, title I, §§ 1101(a), 1102(a), 104 Stat. 13881; Dec. 13, 1991, Pub. L. 102237, title I, §§ 102(d), 103(b), 106(d), 113(6), 105 Stat. 1822, 1823, 1826, 1837; Aug. 10, 1993, Pub. L. 10366, title I, § 1102, 107 Stat. 314; Oct. 13, 1994, Pub. L. 103354, title I, § 119(a)(5), 108 Stat. 3207, related to loans, payments, and acreage reduction programs for 1991 through 1995 crops of wheat.
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# 7 U.S.C. § 1445b4 - Transferred
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title I, § 107E, as added Dec. 23, 1985, Pub. L. 99198, title X, § 1005, 99 Stat. 1448, and amended, which related to payments in commodities, was renumbered section 115 of act Oct. 31, 1949, by Pub. L. 101624, title XI, § 1161(a)(1), Nov. 28, 1990, 104 Stat. 3520, and transferred to section 1445k of this title.
@@ -0,0 +1,37 @@
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---
# 7 U.S.C. § 1445b5 - Repealed. Pub. L. 101624, title XI, § 1161(a)(2), Nov. 28, 1990, 104 Stat. 3520
## Notes
Section, act Oct. 31, 1949, ch. 792, title I, § 107F, as added Dec. 23, 1985, Pub. L. 99198, title X, § 1006, 99 Stat. 1448, related to export certificate programs for 1986 through 1990 crops of wheat and feed grains.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title.
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# 7 U.S.C. § 1445c2 - Omitted
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title I, § 108A, formerly § 108B, as added Dec. 23, 1985, Pub. L. 99198, title VII, § 705, 99 Stat. 1439; amended Oct. 18, 1986, Pub. L. 99500, § 101(a) [title VI, § 639], 100 Stat. 1783, 178335, and Oct. 30, 1986, Pub. L. 99591, § 101(a) [title VI, § 639], 100 Stat. 3341, 334135; Nov. 10, 1986, Pub. L. 99641, title II, § 203, 100 Stat. 3563; Dec. 22, 1987, Pub. L. 100203, title I, § 1104(b), 101 Stat. 13304; renumbered § 108A, Nov. 28, 1990, Pub. L. 101624, title VIII, § 806(2), 104 Stat. 3475; Dec. 13, 1991, Pub. L. 102237, title I, § 117(b)(1)(A), 105 Stat. 1841, related to price support, loans, purchases, and other operations, and national average quota support rate. See Effective and Termination Dates note below.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesPub. L. 99198, title VII, § 705, Dec. 23, 1985, 99 Stat. 1439, provided that this section is effective only for the 1986 through 1990 crops of peanuts.
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# 7 U.S.C. § 1445c3 - Repealed. Pub. L. 104127, title I, § 171(b)(2)(E), Apr. 4, 1996, 110 Stat. 938
## Notes
Section, act Oct. 31, 1949, ch. 792, title I, § 108B, as added Nov. 28, 1990, Pub. L. 101624, title VIII, § 806(3), 104 Stat. 3475; amended Nov. 5, 1990, Pub. L. 101508, title I, § 1105(b), 104 Stat. 13883; Dec. 13, 1991, Pub. L. 102237, title I, § 117(b)(1)(B), 105 Stat. 1841; Aug. 10, 1993, Pub. L. 10366, title I, § 1109(a), 107 Stat. 325, related to price support program for 1991 through 1997 crops of peanuts.
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description: "Special wheat acreage grazing and hay program for 1978 through 1990 crop years"
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# 7 U.S.C. § 1445d - Special wheat acreage grazing and hay program for 1978 through 1990 crop years
## Text
Notwithstanding any other provision of law—
(a) Authorization for program; acreage designation; payment The Secretary is authorized to administer a special wheat acreage grazing and hay program (hereinafter in this section referred to as the “special program”) in each of the crop years 1978 through 1990. If a special program is implemented, a producer shall be permitted to designate, under such regulations as established by the Secretary, a portion of the acreage on the farm intended to be planted to wheat, feed grains, or upland cotton for harvest, not in excess of 40 per centum thereof, or 50 acres, whichever is greater, which shall be planted to wheat (or some other commodity other than corn or grain sorghum) and used by the producer for grazing purposes or hay rather than for commercial grain production. A producer who elects to participate in the special program shall receive a payment as provided in subsection (c) of this section.
(b) Specific farm acreage Any producer who elects to participate in the special program under this section shall designate the specific acreage on the farm which is to be used for the purposes set forth in subsection (a) of this section. No crop other than hay may be harvested from acreage included in the special program.
(c) Determination of payment The Secretary shall pay the producer participating in the special program an amount determined by multiplying the farm program payment yield for wheat established for the farm, by the number of acres included in the special program, by a rate of payment determined by the Secretary to be fair and reasonable. The producer shall not be eligible for any other payment or price support on any portion of the acreage for the farm which the producer elects to include in the special program.
(d) Other acreage set-aside programs Acreage included in the special program shall be in addition to any acreage included in any acreage set-aside, reduced acreage, or land diversion program otherwise provided for by law.
(e) Rules and regulations The Secretary is authorized to issue such regulations as the Secretary determines necessary to carry out the provisions of this section.
(f) Commodity Credit Corporation The Secretary shall carry out the special program through the Commodity Credit Corporation.
(Oct. 31, 1949, ch. 792, title I, § 109, as added Pub. L. 95113, title X, § 1004, Sept. 29, 1977, 91 Stat. 950; amended Pub. L. 9798, title XI, § 1110, Dec. 22, 1981, 95 Stat. 1267; Pub. L. 99198, title X, § 1015, Dec. 23, 1985, 99 Stat. 1457.)
## Notes
Editorial Notes
Amendments1985—Subsec. (a). Pub. L. 99198 substituted “1990” for “1985”. 1981—Subsec. (a). Pub. L. 9798, § 1110(1), (2), substituted “1985” for “1981” and “If a special program is implemented” for “Under the special program”. Subsec. (d). Pub. L. 9798, § 1110(3), inserted “, reduced acreage, or land diversion”.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9798 effective Dec. 22, 1981, see section 1801 of Pub. L. 9798, set out as an Effective Date note under section 4301 of this title.
Effective DateSection effective Oct. 1, 1977, see section 1901 of Pub. L. 95113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.
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# 7 U.S.C. § 1445f - International Emergency Food Reserve
## Text
The President is encouraged to enter into negotiations with other nations to develop an international system of food reserves to provide for humanitarian food relief needs and to establish and maintain a food reserve, as a contribution of the United States toward the development of such a system, to be made available in the event of food emergencies in foreign countries. The reserves shall be known as the International Emergency Food Reserve.
(Oct. 31, 1949, ch. 792, title I, § 111, as added Pub. L. 95113, title XI, § 1102, Sept. 29, 1977, 91 Stat. 953.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1977, see section 1901 of Pub. L. 95113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.
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# 7 U.S.C. § 1445g - Production of commodities for conversion into industrial hydrocarbons; terms and conditions; incentive payments; regulations; appropriations; effective date
## Text
Notwithstanding any other provision of this Act—
(a) The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the acreage set aside or diverted from the production of a commodity for any crop year under this subchapter to be devoted to the production of any commodity (other than the commodities for which acreage is being set aside or diverted) for conversion into industrial hydrocarbons and blending with gasoline or other fossil fuels for use as motor or industrial fuel, if the Secretary determines that such production is desirable in order to provide an adequate supply of commodities for such purpose, is not likely to increase the cost of the price support programs, and will not adversely affect farm income.
(b) (1) During any year in which there is no set-aside or diversion of acreage under this subchapter, the Secretary may formulate and administer a program for the production, subject to such terms and conditions as the Secretary may prescribe, of commodities for conversion into industrial hydrocarbons and blending with gasoline or other fossil fuels for use as motor or industrial fuel, if the Secretary determines that such production is desirable in order to provide an adequate supply of commodities for such purpose, is not likely to increase the cost of the price support programs, and will not adversely affect farm income. Under the program, producers of wheat, feed grains, upland cotton, and rice shall be paid incentive payments to devote a portion of their acreage to the production of commodities for conversion into industrial hydrocarbons and blending with gasoline or other fossil fuels for use as motor or industrial fuel.
(2) The payments under this subsection shall be at such rate or rates as the Secretary determines to be fair and reasonable, taking into consideration the participation necessary to ensure an adequate supply of the agricultural commodities for conversion into industrial hydrocarbons and blending with gasoline or other fossil fuels for use as motor or industrial fuels.
(3) The Secretary may issue such regulations as the Secretary deems necessary to carry out the provisions of this subsection.
(4) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection.
(5) The provisions of this subsection shall become effective October 1, 1978.
(Oct. 31, 1949, ch. 792, title I, § 112, as added Pub. L. 95279, title II, § 201, May 15, 1978, 92 Stat. 241.)
## Notes
Editorial Notes
References in TextThis Act, referred to in provision preceding subsec. (a), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Statutory Notes and Related Subsidiaries
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(6) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(6) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(6) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(F) of this title.
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# 7 U.S.C. § 1445h - Repealed. Pub. L. 104127, title I, § 171(b)(2)(F), Apr. 4, 1996, 110 Stat. 938
## Notes
Section, act Oct. 31, 1949, ch. 792, title I, § 113, as added Dec. 3, 1980, Pub. L. 96494, title II, § 207, 94 Stat. 2572; amended Dec. 22, 1981, Pub. L. 9798, title XI, § 1105, 95 Stat. 1264; Dec. 23, 1985, Pub. L. 99198, title X, § 1011, 99 Stat. 1454; Nov. 28, 1990, Pub. L. 101624, title XI, § 1125, 104 Stat. 3506, authorized Secretary to announce and provide for supplemental set-aside and acreage limitation program.
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# 7 U.S.C. § 1445i - Multiyear set-aside contracts for 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice
## Text
Notwithstanding any other provision of law:
(1) The Secretary of Agriculture may enter into multiyear set-aside contracts for a period not to extend beyond the 1990 crops. Such contracts may be entered into only as a part of the programs in effect for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice, and only producers participating in one or more of such programs shall be eligible to contract with the Secretary under this section. Producers agreeing to a multiyear set-aside agreement shall be required to devote the set-aside acreage to vegetative cover capable of maintaining itself through such period to provide soil protection, water quality enhancement, wildlife production, and natural beauty. Grazing of livestock under this section shall be prohibited, except in areas of a major disaster, as determined by the President, if the Secretary finds there is a need for such grazing as a result of such disaster. Producers entering into agreements under this section shall also agree to comply with all applicable State and local laws and regulations governing noxious weed control.
(2) The Secretary shall provide cost-sharing incentives to farm operators for the establishment of vegetative cover, whenever a multiyear set-aside contract is entered into under this section.
(3) The Secretary may issue such regulations as the Secretary determines necessary to carry out this section.
(4) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.
(Pub. L. 99198, title X, § 1010, Dec. 23, 1985, 99 Stat. 1454.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
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# 7 U.S.C. § 1445j - Deficiency and land diversion payments
## Text
(a) Deficiency payments (1) In general If the Secretary establishes an acreage limitation program for any of the 1991 through 1997 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that deficiency payments will likely be made for the commodity for the crop, the Secretary shall make advance deficiency payments available to producers for each of the crops.
(2) Terms and conditions Advance deficiency payments under paragraph (1) shall be made to the producer under the following terms and conditions:
(A) Form Such payments may be made available in the form of—
(i) cash;
(ii) commodities owned by the Commodity Credit Corporation and certificates redeemable in a commodity owned by the Commodity Credit Corporation, except that not more than 50 percent of the payments may be made in commodities or the certificates in the case of any producer; or
(iii) any combination of clauses (i) and (ii).
(B) Commodities and certificates If payments are made available to producers as provided for under subparagraph (A)(ii), such producers may elect to receive such payments either in the form of—
(i) such commodities; or
(ii) such certificates.
(C) Maturity Such a certificate shall be redeemable for a period not to exceed 3 years from the date the certificate is issued.
(D) Storage The Commodity Credit Corporation shall pay the cost of storing a commodity that may be received under such a certificate until such time as the certificate is redeemed.
(E) Timing The payments shall be made available as soon as practicable after the producer enters into a contract with the Secretary to participate in such program.
(F) Amounts The payments shall be made available in such amounts as the Secretary determines appropriate to encourage adequate participation in the program, except that the amount may not exceed an amount determined by multiplying—
(i) the estimated payment acreage for the crop; by
(ii) the farm program payment yield for the crop; by
(iii) (I) in the case of wheat and feed grains, not less than 40 percent, nor more than 50 percent, of the projected payment rate; and
(II) in the case of rice and upland cotton, not less than 30 percent, nor more than 50 percent, of the projected payment rate,
as determined by the Secretary.
(G) Repayment If the deficiency payment payable to a producer for a crop, as finally determined by the Secretary under this Act, is less than the amount paid to the producer as an advance deficiency payment for the crop under this subsection, the producer shall repay an amount equal to the difference between the amount advanced and the amount finally determined by the Secretary to be payable to the producer as a deficiency payment for the crop concerned.
(H) Repayment requirement If the Secretary determines under this Act that deficiency payments will not be made available to producers on a crop with respect to which advance deficiency payments already have been made under this subsection, the producers who received the advance payments shall repay the payments.
(I) Deadline Any repayment required under subparagraph (G) or (H) shall be due at the end of the marketing year for the crop with respect to which the payments were made.
(J) Noncompliance If a producer fails to comply with requirements established under the acreage limitation program involved after obtaining an advance deficiency payment under this subsection, the producer shall repay immediately the amount of the advance, plus interest thereon in such amount as the Secretary shall prescribe by regulation.
(3) Regulations The Secretary may issue such regulations as the Secretary determines necessary to carry out this section.
(4) Commodity Credit Corporation The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.
(5) Additional authority The authority provided in this section shall be in addition to, and not in place of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provision of law.
(b) , (c) Repealed. Pub. L. 104127, title I, § 171(b)(2)(G), Apr. 4, 1996, 110 Stat. 938
(Oct. 31, 1949, ch. 792, title I, § 114, formerly § 107C, as added Pub. L. 97253, title I, § 120, Sept. 8, 1982, 96 Stat. 766; amended Pub. L. 99198, title X, § 1002, Dec. 23, 1985, 99 Stat. 1446; Pub. L. 100203, title I, § 1110, Dec. 22, 1987, 101 Stat. 13306; Pub. L. 101239, title I, § 1003(b)(1), Dec. 19, 1989, 103 Stat. 2108; Pub. L. 101508, title I, § 1102(d), Nov. 5, 1990, 104 Stat. 13882; renumbered § 114 and amended Pub. L. 101624, title XI, §§ 1121(a), (c), 1161(a)(1), Nov. 28, 1990, 104 Stat. 3500, 3503, 3520; Pub. L. 102237, title I, § 109, Dec. 13, 1991, 105 Stat. 1828; Pub. L. 10366, title I, § 1101(b)(1), Aug. 10, 1993, 107 Stat. 314; Pub. L. 104127, title I, § 171(b)(2)(G), Apr. 4, 1996, 110 Stat. 938.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a)(1), (2)(G), (H), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Codification Section was classified to section 1445b2 of this title prior to its renumbering by Pub. L. 101624.
Amendments1996—Subsecs. (b), (c). Pub. L. 104127 struck out subsecs. (b) and (c) which, in subsec. (b), related to land diversion payments to assist in adjusting total national acreage of any of 1991 through 1995 crops of wheat, feed grains, upland cotton, or rice to desirable levels, and, in subsec. (c), related to timing of deficiency payments made available to producers for any of 1991 through 1997 crops of wheat and feed grains. 1993—Subsecs. (a)(1), (c). Pub. L. 10366 substituted “1997” for “1995”. 1991—Subsec. (c). Pub. L. 102237, § 109(1), substituted “section” for “sections” in introductory provisions. Subsec. (c)(2). Pub. L. 102237, § 109(3), added par. (2) and struck out former par. (2) which read as follows: “Seventy-five percent of the final projected deficiency payment for the crop, reduced by the amount of the advance, shall be made available as soon as practicable after the end of the first 5 months of the applicable marketing year.” Subsec. (c)(3), (4). Pub. L. 102237, § 109(2), (3), added par. (3) and redesignated former par. (3) as (4). 1990—Pub. L. 101624, § 1121(a), amended section generally, substituting provisions relating to deficiency and land diversion payments for the 1991 through 1995 crops of wheat, feed grains, upland cotton, and rice for provisions relating to advance deficiency and diversion payments for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice. Pub. L. 101624, § 1121(c), amended Pub. L. 99198. See 1985 Amendment note below. Subsec. (c). Pub. L. 101508 substituted “wheat and feed grains which payments are calculated as provided in sections 1445b3a(c)(1)(B)(ii), 1445b3a(p), or 1444f(c)(1)(B)(ii) of this title” for “wheat, feed grains, and rice which payments are calculated on the basis of the national weighted average market price (or, in the case of rice, the national average market price) for the marketing year for the crop”. 1989—Subsec. (a)(2)(G). Pub. L. 101239 temporarily inserted “(taking into consideration any reduction in the payment made under section 1433d of this title)” and substituted “amount finally” for “amount finallly”. See Effective and Termination Dates of 1989 Amendment note below. 1987—Subsec. (a)(1). Pub. L. 100203, § 1110(1), temporarily added par. (1) and struck out former par. (1) which read as follows: “If the Secretary establishes an acreage limitation or set-aside program for any of the 1986 through 1990 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that deficiency payments will likely be made for such commodity for such crop, the Secretary— “(A) shall make advance deficiency payments available to producres [sic] who agree to participate in such program for the 1986 crop; and “(B) may make such payments available to such producers for each of the 1987 through 1990 crops.” See Effective and Termination Dates of 1987 Amendment note below. Subsec. (a)(2)(F)(iii). Pub. L. 100203, § 1110(2), temporarily added cl. (iii) and struck out former cl. (iii) which read as follows: “50 percent of the projected payment rate,”. See Effective and Termination Dates of 1987 Amendment note below. 1985—Pub. L. 99198, as amended by Pub. L. 101624, § 1121(c), amended section generally, substituting provisions relating to advance deficiency and diversion payments for the 1986 through 1990 crops of wheat, feed grains, upland cotton and rice for provisions relating to advance deficiency payments for the 1982 through 1985 crops of wheat, feed grains, upland cotton and rice.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as a note under section 1421 of this title. Amendment by Pub. L. 101508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101508, set out as a note under section 1994 of this title.
Effective and Termination Dates of 1989 AmendmentPub. L. 101239, title I, § 1003(b)(1), Dec. 19, 1989, 103 Stat. 2108, provided that the amendment made by section 1003(b)(1) is effective only for the 1990 crops of wheat, feed grains, upland cotton, and rice.
Effective and Termination Dates of 1987 AmendmentPub. L. 100203, title I, § 1110, Dec. 22, 1987, 101 Stat. 13306, provided that the amendment made by section 1110 is effective only for the 1988 through 1990 crops of wheat, feed grains, upland cotton, and rice.
Effective and Termination Dates of 1985 AmendmentThat portion of section 1002 of Pub. L. 99198 which provided that the amendment made by that section was effective only for 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice, was struck out by section 1121(c) of Pub. L. 101624.
Effective and Termination DatesPub. L. 97253, title I, § 120, Sept. 8, 1982, 96 Stat. 766, provided that this section is effective only for the 1982 through 1985 crops of wheat, feed grains, upland cotton, and rice.
Calculation of Refunds of Advance Established Price Payments by Producers of 1988 or 1989 Crops of Feed BarleyPub. L. 101624, title IV, § 405, Nov. 28, 1990, 104 Stat. 3420, provided that: “(a) Mandatory Calculation of Refund.—“(1) In general.—Not later than 90 days after the date of enactment of this Act [Nov. 28, 1990], the Secretary of Agriculture shall calculate, for informational purposes only (except as provided in the discretionary authority under subsection (b)), the amount of the refund of any advance deficiency payment a producer of barley who participated in the 1988 or 1989 Federal barley price support program would be required to make pursuant to section 107C of the Agricultural Act of 1949 (7 U.S.C. 1445b2) (as it existed immediately before the date of enactment of this Act) based on a formula which excludes malting barley from the market price calculations of barley used to determine the amount of refund of the advance deficiency payment required of the producer. “(2) Disclosure.—“(A) To the public.—The Secretary shall publish in the Federal Register—“(i) the formula used to perform the calculations described in paragraph (1); “(ii) the aggregate results that the use of the calculation would have pursuant to subsection (b), in terms of—  “(I) the total reduction in the amount of refunds;  “(II) the number of producers affected; and  “(III) any other information the Secretary determines appropriate; “(iii) a declaration of the Secretarys decision whether to use the calculation to recalculate barley producers refunds pursuant to subsection (b); and “(iv) a statement of the Secretarys reasons for the decision described in clause (iii). “(B) To producers.—The Secretary shall make available to each producer of 1988 or 1989 crop barley, on request, a statement detailing the effect of the calculation of refunds described in paragraph (1) on the producers 1988 or 1989 refund. “(b) Discretionary Use of Calculation.—“(1) In general.—The Secretary may use the calculation described in subsection (a) to determine whether or not to reduce the total refund owed by a producer of 1988 or 1989 crop barley under section 107C of the Agricultural Act of 1949 [7 U.S.C. 1445b2] (as it existed immediately before the date of enactment of this Act [Nov. 28, 1990]). “(2) Procedure for use of calculation.—If the Secretary decides to use the calculation described in subsection (a) as provided under paragraph (1), in the case of a producer of 1988 or 1989 crop barley who paid the refund of the advance deficiency payment for the crop calculated prior to the date of enactment of this Act (or any amount of refund in excess of the amount of the refund determined in accordance with paragraph (1)), the Secretary—“(i) shall, before May 31, 1991, reimburse the producer the amount of refund paid by the producer in excess of the refund determined in accordance with this section; “(ii) shall have the option to make the reimbursement in a lump sum or in installments; “(iii) shall, not later than 90 days after the date of enactment of this Act, notify producers who are eligible to receive the reimbursement of their 1988 or 1989 advance deficiency payment refund under this section—“(I) of the timing of the payment of the reimbursement (either in lump sum or in installments); “(II) that the amount of the reimbursement shall not bear interest if paid before February 15, 1991; and “(III) that the amount of the reimbursement paid after February 15, 1991, shall bear interest at a rate of at least 7 percent per annum; and “(iv) may elect to pay the reimbursement in a lump sum with generic certificates redeemable for commodities owned by the Commodity Credit Corporation if the reimbursement is paid in full not later than 60 days after the date of enactment of this Act.”
Repayment RequirementsPub. L. 101624, title XI, § 1121(b), Nov. 28, 1990, 104 Stat. 3502, provided that: “(1) In general.—Notwithstanding any other provision of law, effective only for producers who are suffering financial hardship, as determined by the Secretary, on a farm who received an advance deficiency payment for the 1988 or 1989 crop of a commodity and are otherwise described in paragraph (2), the Secretary of Agriculture—“(A) shall not charge an annual interest rate for any delinquent refund for the advance deficiency payment in excess of prevailing rates for operating loans made by Farm Credit System institutions; “(B) shall not withhold, in each of the 3 succeeding crop years, more than ⅓ of the farm program payments otherwise due to the producers, as a result of any delinquency in providing the refund; and “(C) shall permit the producers to make the refund in three equal installments during each of the crop years 1990, 1991, and 1992, if the producers enter into an agreement to obtain multiperil crop insurance for each of the crop years, to the extent that the Secretary determines is similar to section 107 of the Disaster Assistance Act of 1989 (7 U.S.C. 1421 et seq.) [§ 107 of Pub. L. 10182, 7 U.S.C. 1421 note]. “(2) Application.—This subparagraph shall apply if—“(A) the producers received an advance deficiency payment for the 1988 or 1989 crop of a commodity under section 107C(a) of the Agricultural Act of 1949 (7 U.S.C. 1445b2(a)); “(B) the producers are required to provide a refund of at least $1,500 under subparagraph (G) or (H) of section 107C(a)(2) of such Act with respect to the advance deficiency payments; “(C) the producers reside in a county, or in a county that is contiguous to a county, where the Secretary of Agriculture has found that farming, ranching, or aquaculture operations have been substantially affected as evidenced by a reduction in normal production for the county of at least 30 percent during two of the three crop years 1988, 1989, and 1990 by a natural disaster or by a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and “(D) the total quantity of the 1988 or 1989 crop of the commodity that the producers were able to harvest is less than the result of multiplying 65 percent of the farm payment yield established by the Secretary for the crop by the sum of the acreage planted for the harvest and the acreage prevented from being planted (because of the disaster or emergency referred to in subparagraph (C)) for the crop.”
Advance Deficiency PaymentsPub. L. 99509, title I, § 1021, Oct. 21, 1986, 100 Stat. 1877, required Secretary of Agriculture to make advance deficiency payments available for 1987 crops of wheat, feed grains, upland cotton, and rice, and provided that percentage of projected payment rate used in computing such payments shall not be less than (1) 40 percent in the case of wheat and feed grains, and (2) 30 percent in the case of rice and upland cotton.
@@ -0,0 +1,69 @@
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# 7 U.S.C. § 1445k - Payments in commodities
## Text
(a) In-kind payments by Secretary In making in-kind payments under any of the annual programs for wheat, feed grains, upland cotton, or rice (other than negotiable marketing certificates for upland cotton or rice), the Secretary may—
(1) acquire and use like commodities that have been pledged to the Commodity Credit Corporation as security for price support loans, including loans made to producers under section 1445e of this title; and
(2) use other like commodities owned by the Commodity Credit Corporation.
(b) Methods of payments The Secretary may make in-kind payments—
(1) by delivery of the commodity to the producer at a warehouse or other similar facility, as determined by the Secretary;
(2) by the transfer of negotiable warehouse receipts;
(3) by the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for a commodity in accordance with regulations prescribed by the Secretary; or
(4) by such other methods as the Secretary determines appropriate to enable the producer to receive payments in an efficient, equitable, and expeditious manner so as to ensure that the producer receives the same total return as if the payments had been made in cash.
(c) Commodity certificates The Secretary shall pay interest on the cash redemption of a commodity certificate issued by the Secretary to a producer who holds the certificate for at least 150 days. This subsection shall not apply with respect to commodity certificates issued in connection with the export enhancement program or the marketing promotion program established under the Agricultural Trade Act of 1978.
(Oct. 31, 1949, ch. 792, title I, § 115, formerly § 107E, as added Pub. L. 99198, title X, § 1005, Dec. 23, 1985, 99 Stat. 1448; renumbered § 115 and amended Pub. L. 101624, title XI, §§ 1122(a), 1161(a)(1), Nov. 28, 1990, 104 Stat. 3503, 3520.)
## Notes
Editorial Notes
References in TextThe Agricultural Trade Act of 1978, referred to in subsec. (c), is Pub. L. 95501, Oct. 21, 1978, 92 Stat. 1685, as amended generally by Pub. L. 101624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3668, which is classified generally to chapter 87 (§ 5601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title and Tables.
Codification Section was classified to section 1445b4 of this title prior to its renumbering by Pub. L. 101624.
Amendments1990—Subsec. (c). Pub. L. 101624, § 1122(a), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as a note under section 1421 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(7) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(7) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(7) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(G) of this title.
Redemption of Commodity CertificatesPub. L. 101624, title XI, § 1122(b), Nov. 28, 1990, 104 Stat. 3503, provided that: “(1) In general.—A subsequent holder of a commodity certificate issued by the Commodity Credit Corporation shall be allowed to exchange the expired commodity certificate under the same rules that apply to an original holder of the certificate. “(2) Application and redemption limitations.—This subsection shall only apply during the 180-day period beginning on the date of enactment of this Act [Nov. 28, 1990]. No person may redeem more than $1,000 worth of certificates under this subsection. “(3) Redemption limitations.—In no event shall a person receive a payment from the Commodity Credit Corporation for a certificate that is redeemed under this subsection in an amount greater than the price paid for the certificate by the person. No expired certificate shall be exchanged under this section if the owner purchased the certificate after January 1, 1990.”
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# 7 U.S.C. § 1446a1 - Use of Commodity Credit Corporation funds for purchases of dairy products requirements for school and other programs
## Text
The Secretary of Agriculture is hereby authorized to use funds of the Commodity Credit Corporation to purchase sufficient supplies of dairy products at market prices to meet the requirements of any programs for the schools (other than fluid milk in the case of schools), domestic relief distribution, community action, and such other programs as are authorized by law, when there are insufficient stocks of dairy products in the hands of Commodity Credit Corporation available for these purposes.
(Pub. L. 89321, title VII, § 709, Nov. 3, 1965, 79 Stat. 1212; Pub. L. 89808, § 3(b), Nov. 11, 1966, 80 Stat. 1538.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Food and Agriculture Act of 1965, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1966—Pub. L. 89808 struck out “foreign distribution,” after “community action,”, thus deleting that part authorizing purchase of dairy products for foreign donation, such authority now being included in the general authority provided for by section 1721 et seq. of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1966 AmendmentPub. L. 89808, § 3(b), Nov. 11, 1966, 80 Stat. 1538, provided that the amendment made by section 3(b) is effective Jan. 1, 1967.
Commodity Distribution Program; Prohibition on Furnishing Commodities to Summer CampsProhibition on furnishing commodities under authority of this section to summer camps where number of adults participating in activities of camp exceeds one for each five children under 18 years of age participating in such activities, see section 4(b) of Pub. L. 9386, Aug. 10, 1973, 87 Stat. 249, set out as a note under section 612c of this title.
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# 7 U.S.C. § 1446a - Dairy products; availability through Commodity Credit Corporation
## Text
As a means of increasing the utilization of dairy products (including for purposes of this section, milk) upon the certification by the Secretary of Veterans Affairs or by the Secretary of the Army, acting for the military departments under the Department of Defenses Single Service Purchase Assignment for Subsistence, or their duly authorized representatives that the usual quantities of dairy products have been purchased in the normal channels of trade—
(a) Secretary of Veterans Affairs; needs; report to Congress The Commodity Credit Corporation until December 31, 1995, shall make available to the Secretary of Veterans Affairs at warehouses where dairy products are stored, such dairy products acquired under price-support programs as the Secretary of Veterans Affairs certifies that he requires in order to provide butter and cheese and other dairy products as a part of the ration in hospitals under his jurisdiction. The Secretary of Veterans Affairs shall report every six months to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and the Secretary of Agriculture the amount of dairy products used under this subsection.
(b) Secretary of the Army; needs; report to Congress The Commodity Credit Corporation until December 31, 1995, shall make available to the Secretary of the Army, at warehouses where dairy products are stored, such dairy products acquired under price-support programs as the Secretary of the Army or his duly authorized representative certifies can be utilized in order to provide additional butter and cheese and other dairy products as a part of the ration (1) of the Army, Navy, Air Force, or Coast Guard, (2) in hospitals under the jurisdiction of the Department of Defense, and (3) of cadets and midshipmen at, and other personnel assigned to, the United States Merchant Marine Academy. The Secretary of the Army shall report every six months to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and the Secretary of Agriculture the amount of dairy products used under this subsection.
(c) Costs Dairy products made available under this section shall be made available without charge, except that the Secretary of the Army or the Secretary of Veterans Affairs shall pay the Commodity Credit Corporation the costs of packaging incurred in making such products so available.
(d) Dairy products available The obligation of the Commodity Credit Corporation to make dairy products available pursuant to the above shall be limited to dairy products acquired by the Corporation through price-support operations and not disposed of under provisions (1) and (2) of section 1431 11 See References in Text note below. of this title.
(Oct. 31, 1949, ch. 792, title II, § 202, as added Aug. 28, 1954, ch. 1041, title II, § 204(d), 68 Stat. 900; amended Apr. 2, 1956, ch. 159, § 3, 70 Stat. 87; Pub. L. 85835, title V, § 504, Aug. 28, 1958, 72 Stat. 996; Pub. L. 87128, title IV, § 403, Aug. 8, 1961, 75 Stat. 319; Pub. L. 87495, June 25, 1962, 76 Stat. 109; Pub. L. 88529, Aug. 31, 1964, 78 Stat. 736; Pub. L. 90140, Nov. 16, 1967, 81 Stat. 464; Pub. L. 91524, title II, § 203, Nov. 30, 1970, 84 Stat. 1361; Pub. L. 9386, § 1(4), Aug. 10, 1973, 87 Stat. 223; Pub. L. 95113, title II, § 204, Sept. 29, 1977, 91 Stat. 920; Pub. L. 9798, title I, § 104, Dec. 22, 1981, 95 Stat. 1220; Pub. L. 99198, title I, § 151, Dec. 23, 1985, 99 Stat. 1377; Pub. L. 101624, title I, § 109, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 10254, § 13(c), June 13, 1991, 105 Stat. 274; Pub. L. 102237, title I, § 113(9), Dec. 13, 1991, 105 Stat. 1838; Pub. L. 103437, § 4(b), Nov. 2, 1994, 108 Stat. 4582.)
## Notes
Editorial Notes
References in TextProvisions (1) and (2) of section 1431 of this title, referred to in subsec. (d), were redesignated as subsec. (a)(1) and (2) of section 1431 of this title by Pub. L. 98258, title V, § 502(1), Apr. 10, 1984, 98 Stat. 137.
Amendments1994—Subsec. (a). Pub. L. 103437, § 4(b)(1), substituted “Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House” for “Committees on Agriculture of the Senate and House”. Subsec. (b). Pub. L. 103437, § 4(b)(2), substituted “Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House” for “Committees on Agriculture of the Senate and the House”. 1991—Pub. L. 10254 and Pub. L. 102237, § 113(9)(A), amended introductory provisions identically, substituting “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs”. Subsec. (a). Pub. L. 102237, § 113(9)(B), substituted “Secretary of Veterans Affairs” for “Administrator” before “certifies” and “shall report”. Pub. L. 10254 and Pub. L. 102237, § 113(9)(A), amended subsec. (a) identically, substituting “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs” before “at warehouses”. Subsec. (c). Pub. L. 10254 and Pub. L. 102237, § 113(9)(A), amended subsec. (c) identically, substituting “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs”. 1990—Subsecs. (a), (b). Pub. L. 101624 substituted “1995” for “1990”. 1985—Subsecs. (a), (b). Pub. L. 99198 substituted “1990” for “1985”. 1981—Subsecs. (a), (b). Pub. L. 9798 substituted “1985” for “1981”. 1977—Subsecs. (a), (b). Pub. L. 95113 substituted “1981” for “1977”. 1973—Subsecs. (a), (b). Pub. L. 9386 substituted “1977” for “1973”. 1970—Subsecs. (a), (b). Pub. L. 91524 substituted “1973” for “1970”. 1967—Subsecs. (a), (b). Pub. L. 90140 substituted “1970” for “1967”. 1964—Subsecs. (a), (b). Pub. L. 88529 substituted “1967” for “1964”. 1962—Subsec. (a). Pub. L. 87495 changed requirement of a monthly report to one every six months. 1961—Subsecs. (a), (b). Pub. L. 87128 substituted “1964” for “1961”. 1958—Subsecs. (a), (b). Pub. L. 85835 substituted “1961” for “1958” and provided for receipt of surplus dairy products by Coast Guard and United States Merchant Marine Academy. 1956—Subsecs. (a), (b). Act Apr. 2, 1956, substituted “1958” for “1956”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101624, set out as a note under section 1421 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9798 effective Dec. 22, 1981, see section 1801 of Pub. L. 9798, set out as an Effective Date note under section 4301 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95113, set out as a note under section 1307 of this title.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
@@ -0,0 +1,41 @@
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# 7 U.S.C. § 1446b - Policy with regard to dairy products
## Text
The production and use of abundant supplies of high quality milk and dairy products are essential to the health and general welfare of the Nation: a dependable domestic source of supply of these foods in the form of high grade dairy herds and modern, sanitary dairy equipment is important to the national defense; and an economically sound dairy industry affects beneficially the economy of the country as a whole. It is the policy of Congress to assure a stabilized annual production of adequate supplies of milk and dairy products; to promote the increased use of these essential foods; to improve the domestic source of supply of milk and butterfat by encouraging dairy farmers to develop efficient production units consisting of high-grade, disease-free cattle and modern sanitary equipment; and to stabilize the economy of dairy farmers at a level which will provide a fair return for their labor and investment when compared with the cost of things that farmers buy.
(Aug. 28, 1954, ch. 1041, title II, § 204(a), 68 Stat. 899.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Agricultural Act of 1954, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
@@ -0,0 +1,53 @@
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# 7 U.S.C. § 1446c1 - Reduction of dairy product inventories
## Text
The Secretary of Agriculture shall utilize, to the fullest extent practicable, the authorities under the Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.] (including exportation of dairy products at not less than prevailing world market prices), the Food for Peace Act [7 U.S.C. 1691 et seq.], and other authorities available to the Secretary to reduce inventories of dairy products held by the Commodity Credit Corporation so as to reduce net Commodity Credit Corporation expenditures to the estimated outlays for the milk price support program used in developing budget outlays under the Congressional Budget Act of 1974 for the appropriate fiscal year.
(Pub. L. 9798, title I, § 106, Dec. 22, 1981, 95 Stat. 1220; Pub. L. 110246, title III, § 3001(b)(1)(A), (2)(A), June 18, 2008, 122 Stat. 1820.)
## Notes
Editorial Notes
References in TextThe Commodity Credit Corporation Charter Act, referred to in text, is act June 29, 1948, ch. 704, 62 Stat. 1070, 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 for Peace Act, referred to in text, is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to chapter 41 (§ 1691 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of this title and Tables. The Congressional Budget Act of 1974, referred to in text, is titles I through IX of Pub. L. 93344, July 12, 1974, 88 Stat. 298. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables.
Codification Section was enacted as part of the Agriculture and Food Act of 1981, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments2008—Pub. L. 110246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110246 effective May 22, 2008, see section 4(b) of Pub. L. 110246, set out as an Effective Date note under section 8701 of this title.
Effective DateSection effective Dec. 22, 1981, see section 1801 of Pub. L. 9798, set out as a note under section 4301 of this title.
Dairy Program Operation ReportPub. L. 9798, title I, § 107, Dec. 22, 1981, 95 Stat. 1220, provided that, not later than Dec. 31, 1982, the Secretary of Agriculture shall submit to Congress a report describing the strengths and weaknesses of existing Federal programs, and the consequences of possible new programs, for controlling or minimizing surpluses of fluid milk and the products thereof.
@@ -0,0 +1,49 @@
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# 7 U.S.C. § 1446c2 - Domestic casein industry
## Text
(a) Annual availability of surplus stocks of nonfat dry milk; bid basis The Commodity Credit Corporation shall provide surplus stocks of nonfat dry milk of not less than 1,000,000 pounds annually to individuals or entities on a bid basis.
(b) Acceptance of bids at lower than resale price The Commodity Credit Corporation may accept bids at lower than the resale price otherwise required by law, in order to promote the strengthening of the domestic casein industry.
(c) Nonfat dry milk sold to be used only for manufacture of casein The Commodity Credit Corporation shall take appropriate action to ensure that the nonfat dry milk sold by the Corporation under this section is used only for the manufacture of casein.
(Pub. L. 99198, title I, § 105, Dec. 23, 1985, 99 Stat. 1367.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Statutory Notes and Related Subsidiaries
Application of SectionThis section not to affect any liability of any person under section 1446 of this title as in effect before Dec. 23, 1985, see section 108 of Pub. L. 99198, set out as an Application of 1985 Amendments note under section 1446 of this title.
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# 7 U.S.C. § 1446c - Domestic disposal programs for dairy products
## Text
In order to prevent the accumulation of excessive inventories of dairy products the Secretary of Agriculture shall undertake domestic disposal programs under authorities granted in the Agricultural Adjustment Act of 1938 [7 U.S.C. 1281 et seq.] and the Agricultural Act of 1949, as amended [7 U.S.C. 1421 et seq.], or as otherwise authorized by law.
(Aug. 28, 1954, ch. 1041, title II, § 204(c), 68 Stat. 900.)
## Notes
Editorial Notes
References in TextThe Agricultural Adjustment Act of 1938, referred to in text, is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables. The Agricultural Act of 1949, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, 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.
Codification Section was enacted as part of the Agricultural Act of 1954, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Statutory Notes and Related Subsidiaries
Report of Dairy Product PurchasesPub. L. 101624, title I, § 105, Nov. 28, 1990, 104 Stat. 3379, provided that: “The Secretary of Agriculture shall make available to the public quarterly evaluations of the acquisition and disposal of Commodity Credit Corporation purchases of dairy products.”
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# 7 U.S.C. § 1446d - Omitted
## Notes
Editorial Notes
Codification Section, act Oct. 31, 1949, ch. 792, title II, § 203, as added May 28, 1956, ch. 327, title VI, § 601(a), 70 Stat. 212; amended Nov. 28, 1990, Pub. L. 101624, title V, § 507, 104 Stat. 3441, related to cottonseed and cottonseed oil price support program for 1991 through 1995 crops of upland cotton.
@@ -0,0 +1,37 @@
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# 7 U.S.C. § 1446e1 - Repealed. Pub. L. 104127, title I, § 145(e), Apr. 4, 1996, 110 Stat. 918
## Notes
Section, Pub. L. 101624, title I, § 102, Nov. 28, 1990, 104 Stat. 3378; Pub. L. 102237, title I, § 118(e), Dec. 13, 1991, 105 Stat. 1842, related to milk manufacturing marketing adjustment.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 104127, title I, § 145(e), Apr. 4, 1996, 110 Stat. 918, provided that the repeal of this section is effective on the first day of the first month beginning after Apr. 4, 1996.
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# 7 U.S.C. § 1446e - Repealed. Pub. L. 104127, title I, § 141(g), Apr. 4, 1996, 110 Stat. 915
## Notes
Section, act Oct. 31, 1949, ch. 792, title II, § 204, as added Nov. 28, 1990, Pub. L. 101624, title I, § 101(a), 104 Stat. 3374; amended Nov. 5, 1990, Pub. L. 101508, title I, § 1105(g), 104 Stat. 13886; Dec. 13, 1991, Pub. L. 102237, title I, §§ 113(10), 127(a), 105 Stat. 1838, 1846; Aug. 10, 1993, Pub. L. 10366, title I, § 1105(a), 107 Stat. 316; May 6, 1994, Pub. L. 103247, § 1(c), 108 Stat. 618, related to milk price support and milk inventory management program for calendar years 1991 through 1996.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 104127, title I, § 141(g), Apr. 4, 1996, 110 Stat. 915, provided that the repeal of this section is effective on the first day of the first month beginning after Apr. 4, 1996.
@@ -0,0 +1,37 @@
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# 7 U.S.C. § 1446f to 1446h - Repealed. Pub. L. 104127, title I, § 171(b)(2)(H), Apr. 4, 1996, 110 Stat. 938
## Notes
Section 1446f, act Oct. 31, 1949, ch. 792, title II, § 205, as added Nov. 28, 1990, Pub. L. 101624, title VII, § 701(2), 104 Stat. 3457; amended Nov. 5, 1990, Pub. L. 101508, title I, § 1105(a), 104 Stat. 13883; Dec. 13, 1991, Pub. L. 102237, title I, § 110, 105 Stat. 1829; Aug. 10, 1993, Pub. L. 10366, title I, § 1108, 107 Stat. 325, related to loans and payments for oilseeds for 1991 through 1995 marketing years.
Section 1446g, act Oct. 31, 1949, ch. 792, title II, § 206, as added Nov. 28, 1990, Pub. L. 101624, title IX, § 901(2), 104 Stat. 3478; amended Nov. 5, 1990, Pub. L. 101508, title I, § 1105(c), 104 Stat. 13885; Dec. 13, 1991, Pub. L. 102237, title I, § 111(a), 105 Stat. 1829; Aug. 10, 1993, Pub. L. 10366, title I, § 1107(a), 107 Stat. 324, related to sugar price support for 1991 through 1997 crops.
Section 1446h, act Oct. 31, 1949, ch. 792, title II, § 207, as added Nov. 28, 1990, Pub. L. 101624, title X, § 1001, 104 Stat. 3488; amended Nov. 5, 1990, Pub. L. 101508, title I, § 1105(d), 104 Stat. 13885; Aug. 10, 1993, Pub. L. 10366, title I, § 1110, 107 Stat. 326, related to honey price support for the 1991 through 1998 crops of honey.
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# 7 U.S.C. § 1446i - Repealed. Pub. L. 103354, title I, § 119(a)(6), Oct. 13, 1994, 108 Stat. 3208
## Notes
Section, act Oct. 31, 1949, ch. 792, title II, § 208, as added Nov. 28, 1990, Pub. L. 101624, title XI, § 1126, 104 Stat. 3507, related to disaster payments for 1991 through 1995 crops of peanuts, soybeans, sugar beets, and sugarcane.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 13, 1994, and applicable to provision of crop insurance under Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) beginning with 1995 crop year, with such Act, as in effect on the day before Oct. 13, 1994, to continue to apply with respect to 1994 crop year, see section 120 of Pub. L. 103354, set out as an Effective Date of 1994 Amendment note under section 1502 of this title.
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# 7 U.S.C. § 1447 - Price support levels for other nonbasic agricultural commodities
## Text
The Secretary is authorized to make available through loans, purchases, or other operations price support to producers for any nonbasic agricultural commodity not designated in sections 1446, 1446a, and 1446d 11 See References in Text note below. of this title at a level not in excess of 90 per centum of the parity price for the commodity.
(Oct. 31, 1949, ch. 792, title III, § 301, 63 Stat. 1053; Pub. L. 95113, title X, § 1003(a), Sept. 29, 1977, 91 Stat. 950.)
## Notes
Editorial Notes
References in TextSection 1446d of this title, referred to in text, was omitted from the Code.
Amendments1977—Pub. L. 95113 temporarily inserted provisions authorizing Secretary to make price support available for the 1978 through 1981 crops of flaxseed, dry edible beans, gum naval stores, and, in the case of the 1979 through 1981 crops, sugar beets and sugar cane, and for other nonbasic undesignated commodities. See Effective and Termination Dates of 1977 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1977 AmendmentPub. L. 95113, title X, § 1003(a), Sept. 29, 1977, 91 Stat. 950, provided that the amendment made by section 1003(a) is effective only with respect to the 1978 through 1981 crops.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(9) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(9) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(9) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(I) of this title.
Elimination of Wool and Mohair ProgramsPub. L. 103130, § 3(c), Nov. 1, 1993, 107 Stat. 1369, provided that: “Effective beginning December 31, 1995, the Secretary of Agriculture may not provide loans or payments for wool or mohair by using the funds of the Commodity Credit Corporation or under the authority of any law.”
Other Price Support Programs in Effect on September 29, 1977Pub. L. 95113, title X, § 1003(b), Sept. 29, 1977, 91 Stat. 950, provided that: “The amendment made by this section [amending this section] to the Agricultural Act of 1949 shall not be operative in any manner with respect to any price support program in effect on the date of enactment of this Act [Sept. 29, 1977].”
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# 7 U.S.C. § 1448 - Price support levels for storable nonbasic agricultural commodities
## Text
Without restricting price support to those commodities for which a marketing quota or marketing agreement or order program is in effect, price support shall, insofar as feasible, be made available to producers of any storable nonbasic agricultural commodity for which such a program is in effect and who are complying with such program. The level of such support shall not be in excess of 90 per centum of the parity price of such commodity nor less than the level provided in the following table: If the supply percentage as of the beginning of the marketing year is:The level of support shall be not less than the following percentage of the parity price: Not more than 10290 More than 102 but not more than 10489 More than 104 but not more than 10688 More than 106 but not more than 10887 More than 108 but not more than 11086 More than 110 but not more than 11285 More than 112 but not more than 11484 More than 114 but not more than 11683 More than 116 but not more than 11882 More than 118 but not more than 12081 More than 120 but not more than 12280 More than 122 but not more than 12479 More than 124 but not more than 12678 More than 126 but not more than 12877 More than 128 but not more than 13076 More than 13075 Provided, That the level of price support may be less than the minimum level provided in the foregoing table if the Secretary, after examination of the availability of funds for mandatory price support programs and consideration of the other factors specified in section 1421(b) of this title, determines that such lower level is desirable and proper.
(Oct. 31, 1949, ch. 792, title III, § 302, 63 Stat. 1053.)
## Notes
Statutory Notes and Related Subsidiaries
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(9) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(9) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(9) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(I) of this title.
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# 7 U.S.C. § 1449 - Determination of price support level
## Text
In determining the level of price support for any nonbasic agricultural commodity under sections 1447 to 1449 of this title, particular consideration shall be given to the levels at which the prices of competing agricultural commodities are being supported.
(Oct. 31, 1949, ch. 792, title III, § 303, 63 Stat. 1053.)
## Notes
Statutory Notes and Related Subsidiaries
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(9) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(9) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(9) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(I) of this title.
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# 7 U.S.C. § 1450 - Repealed. Aug. 28, 1954, ch. 1041, title II, § 203(b), 68 Stat. 899
## Notes
Section, acts Mar. 31, 1950, ch. 81, § 5, 64 Stat. 42; Jan. 30, 1954, ch. 2, § 5(a), 68 Stat. 7, provided that for the crop year of 1951 and thereafter, no price support would be available for Irish potatoes unless marketing quotas were in effect.
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# 7 U.S.C. § 1471 - Definitions
## Text
As used in this subchapter:
(1) The term “livestock producer” means—
(A) a person that is actively engaged in farming and that receives a substantial amount of total income from the production of grain or livestock, as determined by the Secretary, that is—
(i) an established producer or husbander of livestock or a dairy producer who is a citizen of, or legal resident alien in, the United States; or
(ii) a farm cooperative, private domestic corporation, partnership, or joint operation in which a majority interest is held by members, stockholders, or partners who are citizens of, or legal resident aliens in, the United States, if such cooperative, corporation, partnership, or joint operation is engaged in livestock production or husbandry, or dairy production; or
(B) Any 11 So in original. Probably should not be capitalized. of the following entities that is actively engaged in livestock production or husbandry, or dairy production—
(i) any Indian tribe (as defined in section 5304(b) of title 25); 22 See References in Text note below.
(ii) any Indian organization or entity chartered under the Act of June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C. 461 et seq.),2 commonly known as the “Indian Reorganization Act”;
(iii) any tribal organization (as defined in section 5304(c) of title 25); 2 or
(iv) any economic enterprise (as defined in section 1452(e) of title 25);
(2) The term “livestock” means cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), llamas, alpacas, live fish, crawfish, and other animals that—
(A) are part of a foundation herd (including producing dairy cattle) or offspring; or
(B) are purchased as part of a normal operation and not to obtain additional benefits under this subchapter.
(3) The term “State” means any State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, or Guam.
(4) The term “feed”, for the purposes of emergency feed assistance, means any type of feed (including feed grain, oilseed meal, premix or mixed feed, liquid or dry supplemental feed, roughage, pasture, or forage) that—
(A) best suits the livestock producers operation; and
(B) is consistent with acceptable feed practices.
(5) The term “area” includes any Indian reservation (as defined in section 1985(e)(1)(D)(ii) 2 of this title).
(Oct. 31, 1949, ch. 792, title VI, § 602, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 926; amended Pub. L. 108447, div. A, title VII, § 785(b)(1), Dec. 8, 2004, 118 Stat. 2850; Pub. L. 10997, title VII, § 784(b)(1), Nov. 10, 2005, 119 Stat. 2162; Pub. L. 115334, title XII, § 12104, Dec. 20, 2018, 132 Stat. 4942.)
## Notes
Editorial Notes
References in TextSection 5304 of title 25, referred to in par. (1)(B)(i), (iii), has been amended, and subsecs. (b) and (c) of section 5304 no longer define the terms “Indian tribe” and “tribal organization”. However, such terms are defined elsewhere in that section. Act of June 18, 1934, referred to in par. (1)(B)(ii), is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which was classified generally to subchapter V (§ 461 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 45 (§ 5101 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of Title 25 and Tables. Section 1985(e)(1)(D)(ii) of this title, referred to in par. (5), was redesignated section 1985(e)(1)(A)(ii) of this title by Pub. L. 104127, title VI, § 638(3)(A)(ii), Apr. 4, 1996, 110 Stat. 1096.
Amendments2018—Par. (2). Pub. L. 115334 substituted “llamas, alpacas, live fish, crawfish, and other animals that” for “fish used for food, and other animals designated by the Secretary (at the Secretarys sole discretion) that” in introductory provisions. 2005—Par. (2). Pub. L. 10997, in introductory provisions, inserted “horses, deer,” after “bison,” and struck out “equine animals used for food or in the production of food,” before “fish”. 2004—Par. (2). Pub. L. 108447 inserted “elk, reindeer, bison,” after “means cattle,” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentPub. L. 10997, title VII, § 784(c), Nov. 10, 2005, 119 Stat. 2163, provided that: “(1) In general.—This section [amending this section and section 1472 of this title and enacting provisions set out as a note under this section] and the amendments made by this section apply to losses resulting from a disaster that occurs on or after July 28, 2005. “(2) Prior losses.—This section and the amendments made by this section do not apply to losses resulting from a disaster that occurred before July 28, 2005.”
Effective DateSection effective 15 days after Aug. 11, 1988, see section 101(c)(1) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Short TitleFor short title of title VI of act Oct. 31, 1949, ch. 792, which enacted this subchapter, as the “Emergency Livestock Feed Assistance Act of 1988”, see Short Title of 1988 Amendment note set out under section 1421 of this title.
Inclusion of Horses and Deer Within Definition of “Livestock”Pub. L. 10997, title VII, § 784(a), Nov. 10, 2005, 119 Stat. 2162, provided that: “In carrying out a livestock assistance, compensation, or feed program, the Secretary of Agriculture shall include horses and deer within the definition of livestock covered by the program.”
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
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# 7 U.S.C. § 1471a - Emergency livestock assistance
## Text
(a) The Secretary shall provide emergency feed assistance under this subchapter for the preservation and maintenance of livestock in any State or area of a State where, because of disease, insect infestation, flood, drought, fire, hurricane, earthquake, storm, hot weather, or other natural disaster, the Secretary determines that a livestock emergency exists.
(b) (1) The Secretary shall provide emergency feed assistance under this subchapter for the preservation and maintenance of livestock, to livestock producers that—
(A) conduct farming, ranching, or aquaculture operations in any county contiguous to a county where the Secretary has determined, under subsection (a), that a livestock emergency exists, and
(B) are otherwise eligible for assistance under this subchapter.
(2) The Secretary shall accept applications for assistance under this subsection from producers that are affected by the livestock emergency at any time during the eight-month period beginning on the date on which the Secretary determines that such emergency exists in the other county.
(Oct. 31, 1949, ch. 792, title VI, § 603, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 927.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 15 days after Aug. 11, 1988, see section 101(c)(1) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
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# 7 U.S.C. § 1471b - Determination of need for assistance
## Text
(a) Determination and request by Governor or county committee (1) Whenever the Governor of a State determines that a livestock emergency due to a natural disaster exists in the State, or a county committee established under section 590h(b) of title 16 determines that such an emergency exists in the county, the Governor or county committee may submit a request for a determination by the Secretary of a livestock emergency in such State or county and for emergency livestock feed assistance under this subchapter.
(2) The request of a Governor or county committee for a livestock emergency determination and for emergency livestock feed assistance shall include, to the extent feasible, recommendations to the Secretary of those options that will most fully use feed available through local sources.
(b) Consideration for assistance without request The Secretary may consider a State, county, or area in a State for a livestock emergency determination and emergency livestock feed assistance under this subchapter whether or not a request for assistance is submitted, as described in subsection (a).
(c) Prompt action by Secretary The Secretary shall act on requests for determinations under subsection (a) and make final determinations on whether a livestock emergency exists in any State, county, or area, under regulations that ensure thorough and prompt action (not later than 30 days after receipt of any such request) and provide for appropriate notification procedures.
(d) Eligibility under prior programs; availability of other programs Notwithstanding the preceding provisions of this section, any State, county, or area determined eligible, due to drought or related conditions in 1988, for the emergency feed program or emergency feed assistance program conducted prior to the effective date of this subchapter shall continue to be eligible for such programs and may be eligible for other programs under this subchapter for such drought or related condition. As soon as practicable after the effective date of this subchapter, the Secretary shall determine whether any of the programs described in section 1471d of this title, other than the emergency feed program under section 1471d(a)(4) of this title and the emergency feed assistance program under section 1471d(a)(2) of this title, or in section 1471e of this title should be made available in such State, county, or area. If the Secretary makes such determination, the Secretary shall make such programs immediately available to livestock producers in the State, county, or area.
(Oct. 31, 1949, ch. 792, title VI, § 604, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 927.)
## Notes
Editorial Notes
References in TextThe effective date of this subchapter, referred to in subsec. (d), is 15 days after Aug. 11, 1988, the effective date of section 101(a) of Pub. L. 100387. See section 101(c) of Pub. L. 100387, set out as a note under section 1427 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 15 days after Aug. 11, 1988, with subsec. (d) of this section applicable only with respect to any livestock emergency in 1988, see section 101(c) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
@@ -0,0 +1,55 @@
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# 7 U.S.C. § 1471c - Eligible producers
## Text
(a) Qualifying livestock producers (1) If the Secretary determines that a livestock emergency exists in a State, county, or area, qualifying livestock producers located in such State, county, or area, or in a contiguous county as provided for in section 1471a(b) of this title, shall be eligible (under application procedures established by the Secretary) for emergency feed assistance under this subchapter in accordance with this subsection.
(2) For the purposes of this subsection, a “qualifying livestock producer” is a livestock producer who has suffered a substantial loss in feed normally produced on the farm for such producers livestock as a result of the livestock emergency and, as a result, does not have sufficient feed that has adequate nutritive value and is suitable for each of such producers particular types of livestock (as of the date of the request, or initiation of consideration, for a determination of a livestock emergency under section 1471b of this title) for the estimated duration of the emergency.
(3) Each qualifying livestock producer shall be eligible for emergency feed assistance under the programs specified in section 1471d(a) of this title that is made available where the producer is located in quantities sufficient to meet such feed deficiency with respect to the producers livestock normally fed with feed produced by the producer.
(b) Availability of additional assistance Each livestock producer in such State, county, or area, or in a contiguous county as provided for in section 1471a(b) of this title, regardless of whether the producer qualifies for assistance under subsection (a), shall be eligible for emergency assistance under the programs specified in section 1471e of this title that are made available where the producer is located.
(c) Program participation option Any livestock producer, located in a county or area in which benefits under the emergency feed program or the emergency feed assistance program were made available due to the drought or related condition in 1988 prior to the effective date of this subchapter, who qualifies for assistance under such pre-existing programs shall be eligible for assistance for such drought or related conditions as prescribed in subsection (a) or, at the producers option, for assistance under such pre-existing programs.
(Oct. 31, 1949, ch. 792, title VI, § 605, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 928.)
## Notes
Editorial Notes
References in TextThe effective date of this subchapter, referred to in subsec. (c), is 15 days after Aug. 11, 1988, the effective date of section 101(a) of Pub. L. 100387. See section 101(c) of Pub. L. 100387, set out as a note under section 1427 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 15 days after Aug. 11, 1988, with subsec. (c) of this section applicable only with respect to any livestock emergency in 1988, see section 101(c) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
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# 7 U.S.C. § 1471d - Assistance programs
## Text
(a) Available programs In accordance with section 1471c(a) of this title, the Secretary shall make one or more of the following assistance programs available to qualifying livestock producers in a State, county or area, if the Secretary determines that the livestock emergency in such State, county or area requires the implementation of such program:
(1) The donation of feed grain owned by the Commodity Credit Corporation to producers who are financially unable to purchase feed under paragraph (2) or to participate in any other program authorized under this subsection.
(2) The sale of feed grain owned by the Commodity Credit Corporation to producers for livestock feed at a price, established by the Secretary, that does not exceed—
(A) with respect to such assistance provided for any livestock emergency determined to exist prior to January 1, 1989, 75 percent of the current basic county loan rate for such feed grain in effect under this Act (or at a comparable price if there is no such current basic county loan rate), or
(B) with respect to such assistance provided for any other livestock emergency, 50 percent of the average market price in the county or area involved, as determined by the Secretary.
(3) Reimbursement of any transportation and handling expenses incurred, not to exceed 50 percent of such expenses, by a producer in connection with feed grain donations or sales under paragraphs (1) and (2).
(4) Reimbursement of not to exceed 50 percent of the cost of feed purchased by a producer for the producers livestock during the duration of the livestock emergency.
(5) Hay and forage transportation assistance to producers of not to exceed 50 percent of the cost of transporting hay or forage purchased from a point of origin beyond a producers normal trade area to the livestock, subject to the following limitations:
(A) The transportation assistance may not exceed $50 per ton of eligible hay or forage ($12.50 for silage).
(B) The quantity of eligible hay and forage for each producer may not exceed the lesser of—
(i) 20 pounds per day per eligible animal unit; or
(ii) the quantity of additional feed needed by the producer for the duration of the livestock emergency.
(6) Livestock transportation assistance to producers of not to exceed 50 percent of the cost of transporting livestock to and from available grazing locations, except that such assistance may not exceed the lesser of—
(A) $24 per head of a producers eligible livestock; or
(B) the local cost of the quantity of additional feed needed by the producer for the eligible livestock for duration of the livestock emergency.
(b) Feed grain through dealer or manufacturer; reimbursement; feed grain stored on farm of producer If assistance is made available through the furnishing of feed grain under paragraph (1) or (2) of subsection (a), the Secretary—
(1) may provide for the furnishing of the feed grain through a dealer or manufacturer and the replacing of the feed grain so furnished from feed grain owned by the Commodity Credit Corporation; or
(2) at the option of the livestock producer, shall provide for the furnishing of the feed grain through the use of feed grain stored on the farm of the producer that has been pledged as collateral for a price support loan made under this Act.
(c) Payments or reimbursements through issuance of negotiable certificates In providing assistance under paragraph (2) or (4) of subsection (a), the Secretary may make in-kind payments or reimbursements through the issuance of negotiable certificates that the Commodity Credit Corporation shall exchange for a commodity in accordance with rules prescribed by the Secretary.
(d) Approved application prerequisite to benefits No payment or benefit provided under this section shall be payable or due until such time as a completed application therefor has been approved.
(e) Time for application A person eligible to receive a payment or benefit under this section with respect to a livestock emergency determined to exist prior to January 1, 1989, shall make application for such payment or benefit not later than March 31, 1989, or such later date that the Secretary, by regulation, may prescribe.
(f) Livestock transportation assistance The Secretary may make available at least $25,000,000 to provide livestock transportation assistance under subsection (a)(6) for livestock emergencies in 1989.
(Oct. 31, 1949, ch. 792, title VI, § 606, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 928; amended Pub. L. 10182, title II, §§ 201, 202, Aug. 14, 1989, 103 Stat. 581.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsecs. (a)(2)(A) and (b)(2), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments1989—Subsec. (b). Pub. L. 10182, § 201, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “If assistance is made available through the furnishing of feed grain under paragraph (1) or (2) of subsection (a) of this section, the Secretary may provide for the furnishing of the feed grain through a dealer or manufacturer and the replacing of the feed grain so furnished from feed grain owned by the Commodity Credit Corporation.” Subsec. (f). Pub. L. 10182, § 202, added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective DateSection effective 15 days after Aug. 11, 1988, with subsecs. (a)(2)(A) and (e) of this section applicable only with respect to any livestock emergency in 1988, see section 101(c) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
Emergency Forage ProgramPub. L. 100387, title I, § 103, Aug. 11, 1988, 102 Stat. 932, directed the Secretary of Agriculture to implement an emergency forage program to reseed pasture damaged by the drought or related condition in 1988 and provided for 50 percent cost-sharing, a $3,500 limit on payments to any one producer and a $50,000,000 limit on Commodity Credit Corporation funds available for such program.
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# 7 U.S.C. § 1471e - Additional assistance
## Text
(a) Determination by Secretary In addition to the assistance provided under section 1471d of this title, if the Secretary determines that the livestock emergency also requires the implementation of one or more of the assistance programs described in subsection (b), the Secretary shall implement such programs.
(b) Programs authorized Special assistance under this section includes—
(1) the donation of feed owned by the Commodity Credit Corporation for use in feeding livestock stranded and unidentified as to its owner, including the cost of transporting feed to the affected area, during such period as the Secretary, by regulation, may prescribe;
(2) reimbursement of not to exceed 50 percent of the cost of—
(A) installing pipelines (if that is the least expensive method) or other facilities, including tanks or troughs, for livestock water;
(B) construction or deepening of wells or ponds for livestock water; or
(C) developing springs or seeps for livestock water,
as appropriate in drought areas to facilitate more efficient and better-distributed grazing on land normally used for grazing. Such cost-share assistance may not be made available to provide water for wildlife or recreational livestock, dry lot feeding, or barns or corrals, or to acquire pumping equipment;
(3) reimbursement of not to exceed 50 percent of the cost of burning prickly pear cactus to make it suitable for animal feed; and
(4) making commodities owned by the Commodity Credit Corporation available to livestock producers through the use of a catalog that specifies lots of a size that are economically feasible for a small producer to obtain by means of certificate exchanges.
(c) Water development projects for 1988 and 1989 emergencies The Secretary may make available at least $25,000,000 to provide special assistance under subsection (b)(2) for livestock emergencies in 1988 and 1989.
(Oct. 31, 1949, ch. 792, title VI, § 607, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 930; amended Pub. L. 10182, title I, § 142, title II, § 203, Aug. 14, 1989, 103 Stat. 579, 581.)
## Notes
Editorial Notes
Amendments1989—Subsec. (b)(2)(B). Pub. L. 10182, § 142, inserted “or ponds”. Subsec. (c). Pub. L. 10182, § 203, added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective DateSection effective 15 days after Aug. 11, 1988, see section 101(c)(1) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
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# 7 U.S.C. § 1471f - Use of Commodity Credit Corporation
## Text
The Secretary shall carry out this subchapter through the use of the funds, facilities, and authorities of the Commodity Credit Corporation.
(Oct. 31, 1949, ch. 792, title VI, § 608, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 930.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 15 days after Aug. 11, 1988, see section 101(c)(1) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
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# 7 U.S.C. § 1471g - Benefits limitation
## Text
(a) Total amount of benefits The total amount of benefits that a person shall be entitled to receive annually under one or more of the programs established under this subchapter may not exceed $50,000.
(b) Issuance of regulations The Secretary shall issue regulations—
(1) defining the term “person”, which shall conform, to the extent practicable, to the regulations defining the term “person” issued under section 1308 of this title (before the amendment made by section 1603(a) 11 See References in Text note below. of the Food, Conservation, and Energy Act of 2008), or successor statute;
(2) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section; and
(3) providing that the term “person” shall include, in the case of any cooperative association of producers, each member of the association with respect to benefits due to such member of the association.
(c) Receipt of other disaster payments No person may receive benefits under this subchapter attributable to lost production of a feed commodity due to a natural disaster in 1988 to the extent that such person receives a disaster payment under the Disaster Assistance Act of 1988 on such lost production.
(d) Total combined payment and benefits limitation Each person otherwise eligible for a livestock emergency benefit under this subchapter in 1988 shall be subject to the combined payment and benefits limitation established under section 211(c) of the Disaster Assistance Act of 1988.
(Oct. 31, 1949, ch. 792, title VI, § 609, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 930; amended Pub. L. 110234, title I, § 1603(g)(2), May 22, 2008, 122 Stat. 1011; Pub. L. 110246, § 4(a), title I, § 1603(g)(2), June 18, 2008, 122 Stat. 1664, 1739; Pub. L. 11379, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709.)
## Notes
Editorial Notes
References in TextSection 1308 of this title (before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008), referred to in subsec. (b)(1), probably means section 1308 of this title before the amendment made by section 1603(b)(3)(A) of that Act, Pub. L. 110246, which struck out provisions in section 1308 of this title relating to issuance of regulations defining the term “person”. The Disaster Assistance Act of 1988, referred to in subsecs. (c) and (d), is Pub. L. 100387, Aug. 11, 1988, 102 Stat. 924. Section 211(c) of that act is set out as a note under section 1421 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 1421 of this title and Tables.
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246.
Amendments2014—Subsec. (b)(1). Pub. L. 11379, § 1609(b)(1), amended language inserted by Pub. L. 110246, § 1603(g)(2). See 2008 Amendment note below. 2008—Subsec. (b)(1). Pub. L. 110246, § 1603(g)(2), as amended by Pub. L. 11379, § 1609(b)(1), inserted “(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)” after “section 1308 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentPub. L. 11379, title I, § 1609(b)(2), Feb. 7, 2014, 128 Stat. 709, provided that: “This subsection [amending this section, sections 1524 and 8204 of this title, section 2106a of Title 16, Conservation, and section 2401 of Title 19, Customs Duties] and the amendments made by this subsection take effect as if included in the Food, Conservation, and Energy Act of 2008 (Public Law 110246; 122 Stat. 1651 [see Effective Date of 2008 Amendment note below]).”
Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of this title.
Effective DateSection effective 15 days after Aug. 11, 1988, with subsecs. (c) and (d) of this section applicable only with respect to any livestock emergency in 1988, see section 101(c) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
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# 7 U.S.C. § 1471h - Ineligibility
## Text
(a) Any person that has qualifying gross revenues in excess of $2,500,000 annually, as determined by the Secretary, shall not be eligible to receive any livestock emergency benefits under this subchapter.
(b) For purposes of this section, the term “qualifying gross revenue” means—
(1) if a majority of the persons annual income is received from farming and ranching operations, the gross revenue from the persons farming and ranching operations; and
(2) if less than a majority of the persons annual income is received from farming and ranching operations, the persons gross revenue from all sources.
(Oct. 31, 1949, ch. 792, title VI, § 610, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 931.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 15 days after Aug. 11, 1988, see section 101(c)(1) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
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# 7 U.S.C. § 1471i - Administration
## Text
(a) Regulations The Commodity Credit Corporation shall issue regulations to carry out this subchapter.
(b) Processing and decisions to be made as quickly as practicable Such regulations shall establish procedures to ensure that the request for assistance by a Governor or county committee under section 1471b of this title, and individual applications of livestock producers under section 1471c of this title for assistance, are processed and decisions thereon are made as quickly as practicable.
(c) Indigenous plants not considered feed on hand For purposes of this subchapter, indigenous plants available to a livestock producer but not normally consumed by livestock as feed, such as cactus, may not be considered as feed on hand for such producers.
(Oct. 31, 1949, ch. 792, title VI, § 611, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 931.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 15 days after Aug. 11, 1988, see section 101(c)(1) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
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# 7 U.S.C. § 1471j - Penalties
## Text
A person that disposes of any feed made available to a livestock producer under this subchapter other than as authorized by the Secretary shall be (1) subject to a civil penalty equal to the market value of the feed involved, to be recovered by the Secretary in a civil suit brought for that purpose, and (2) guilty of a misdemeanor and, on conviction thereof, subject to a fine of not more than $1,000, or imprisonment for not more than one year, or both.
(Oct. 31, 1949, ch. 792, title VI, § 612, as added Pub. L. 100387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 931.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 15 days after Aug. 11, 1988, see section 101(c)(1) of Pub. L. 100387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.
Inapplicability of SectionSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.
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# 7 U.S.C. § 1472 - Assistance for livestock producers
## Text
(a) Definition of livestock In this section, the term “livestock” includes elk, reindeer, bison, horses, and deer.
(b) Availability of assistance In such amounts as are provided in advance in appropriation Acts, the Secretary of Agriculture may provide assistance to dairy and other livestock producers to cover economic losses incurred by such producers in connection with the production of livestock.
(c) Types of assistance The assistance provided to livestock producers may be in the following forms:
(1) Indemnity payments to livestock producers who incur livestock mortality losses.
(2) Livestock feed assistance to livestock producers affected by shortages of feed.
(3) Compensation for sudden increases in production costs.
(4) Such other assistance, and for such other economic losses, as the Secretary considers appropriate.
(d) Limitations The Secretary may not use the funds of the Commodity Credit Corporation to provide assistance under this section.
(e) Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.
(Pub. L. 107171, title X, § 10104, May 13, 2002, 116 Stat. 488; Pub. L. 108447, div. A, title VII, § 785(b)(2), Dec. 8, 2004, 118 Stat. 2850; Pub. L. 10997, title VII, § 784(b)(3), Nov. 10, 2005, 119 Stat. 2162.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Emergency Livestock Feed Assistance Act of 1988 which comprises this subchapter or as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Amendments2005—Subsec. (a). Pub. L. 10997 substituted “bison, horses, and deer” for “and bison”. 2004—Pub. L. 108447 added subsec. (a) and redesignated former subsecs. (a) to (d) as (b) to (e), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 applicable to losses resulting from a disaster that occurs on or after July 28, 2005, and inapplicable to losses resulting from a disaster that occurs before such date, see section 784(c) of Pub. L. 10997, set out as a note under section 1471 of this title.