-CITE-    
    7 USC CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938  01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938

-HEAD-
             CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938         

-MISC1-
                            GENERAL PROVISIONS                        
    Sec.                                                     
    1281.       Short title.                                          
    1282.       Declaration of policy.                                
    1282a.      Emergency supply of agricultural products.            

     SUBCHAPTER I - ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS,
                       AND DISPOSITION OF SURPLUSES
    1291.       Adjustments in freight rates.                         
    1292.       New uses and markets for commodities.                 
    1293.       Transferred.                                          

       SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
               MARKETING QUOTAS, AND MARKETING CERTIFICATES

        PART A - DEFINITIONS, LOANS, PARITY PAYMENTS, AND CONSUMER
                                SAFEGUARDS
    1301.       Definitions.                                          
    1301a.      References to parity prices, etc., in other laws after
                 January 1, 1950.                                     
    1301b, 1302. Repealed.                                            
    1303.       Parity payments.                                      
    1304.       Consumer safeguards.                                  
    1305.       Transfer of acreage allotments or feed grain bases on
                 public lands upon request of State agencies.         
    1306.       Projected yields; determination; base period.         
    1307.       Limitation on payments under wheat, feed grains, and
                 cotton programs for 1974 through 1977 crops.         
    1308.       Payment limitations.                                  
    1308-1.     Prevention of creation of entities to qualify as
                 separate persons; payments limited to active farmers.
    1308-2.     Schemes or devices.                                   
    1308-3.     Foreign persons made ineligible for program benefits. 
    1308-3a.    Adjusted gross income limitation.                     
    1308-4.     Education program.                                    
    1308-5.     Treatment of multiyear program contract payments.     
    1308a.      Cost reduction options.                               
    1309.       Normally planted acreage and target prices.           
    1310.       American agriculture protection program.              
    1310a.      Normal supply of commodity for 1986 through 1995
                 crops.                                               

                         PART B - MARKETING QUOTAS                     

                  SUBPART I - MARKETING QUOTAS - TOBACCO              
    1311 to 1316. Repealed.                                           

                  SUBPART II - ACREAGE ALLOTMENTS - CORN              
    1321.       Legislative finding of effect on interstate and
                 foreign commerce and necessity of regulation.        
    1322 to 1325. Repealed.                                           
    1326.       Adjustment of farm marketing quotas.                  
    1327 to 1329. Omitted.                                            
    1329a.      Discontinuance of acreage allotments on corn.         
    1330.       Omitted.                                              

                  SUBPART III - MARKETING QUOTAS - WHEAT              
    1331.       Legislative finding of effect on interstate and
                 foreign commerce and necessity of regulation.        
    1332.       National marketing quota.                             
    1333.       National acreage allotment.                           
    1334.       Apportionment of national acreage allotment.          
    1334a.      Omitted.                                              
    1334a-1.    Summer fallow farms; upper limit on required set aside
                 acreage for 1971 through 1977 wheat, feed grain, and
                 cotton crops.                                        
    1334b.      Designation of States outside commercial
                 wheat-producing areas.                               
    1335.       Small-farm exemption; small-farm base acreage;
                 election; acreage allotment; land-use provisions;
                 price support; wheat marketing certificates.         
    1336.       Referendum.                                           
    1337.       Repealed.                                             
    1338.       Transfer of quotas.                                   
    1339.       Land use.                                             
    1339a.      Repealed.                                             
    1339b.      Wheat diversion programs; credits in establishment of
                 State, county and farm acreage allotments for wheat. 
    1339c.      Feed grains diversion programs for 1964 and subsequent
                 years; feed grain acreage considered wheat acreage
                 and wheat acreage considered feed grain acreage.     
    1339d.      Hay production on set-aside or diverted acreage;
                 storage; emergency use; loans.                       
    1340.       Supplemental provisions relating to wheat marketing
                 quotas; marketing penalty for rice; crop loans on
                 cotton, wheat, rice, tobacco, and peanuts.           

                  SUBPART IV - MARKETING QUOTAS - COTTON              
    1341.       Legislative findings.                                 
    1342.       National marketing quota; proclamation; amount; date
                 of proclamation.                                     
    1342a.      National cotton production goal.                      
    1343.       Referendum.                                           
    1344.       Apportionment of national acreage allotments.         
    1344a.      Exclusion of 1949 acreage in computation of future
                 allotments.                                          
    1344b.      Sale, lease, or transfer of cotton acreage allotments.
    1345.       Farm marketing quotas; farm marketing excess.         
    1346.       Penalties.                                            
    1347.       Repealed.                                             
    1348.       Payments in kind to equalize cost of cotton to
                 domestic and foreign users; rules and regulations;
                 termination date; persons eligible; amount; terms and
                 conditions; raw cotton in inventory.                 
    1349.       Export market acreage.                                
    1350.       National base acreage allotment.                      
    1350a.      Repealed.                                             

                    SUBPART V - MARKETING QUOTAS - RICE                
    1351 to 1356. Omitted or Repealed.                                

                  SUBPART VI - MARKETING QUOTAS - PEANUTS              
    1357 to 1359a. Repealed.                                          

           SUBPART VII - FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR       
    1359aa.     Definitions.                                          
    1359bb.     Flexible marketing allotments for sugar.              
    1359cc.     Establishment of flexible marketing allotments.       
    1359dd.     Allocation of marketing allotments.                   
    1359ee.     Reassignment of deficits.                             
    1359ff.     Provisions applicable to producers.                   
    1359gg.     Special rules.                                        
    1359hh.     Regulations; violations; publication of Secretary's
                 determinations; jurisdiction of the courts; United
                 States attorneys.                                    
    1359ii.     Appeals.                                              
    1359jj.     Administration.                                       
    1359kk.     Reallocating sugar quota import shortfalls.           

                    PART C - ADMINISTRATIVE PROVISIONS                

               SUBPART I - PUBLICATION AND REVIEW OF QUOTAS           
    1361.       Application of subpart.                               
    1362.       Publication of marketing quota; mailing of allotment
                 notice.                                              
    1363.       Review of quota; review committee.                    
    1364.       Compensation of review committee.                     
    1365.       Institution of proceeding for court review of
                 committee findings.                                  
    1366.       Court review.                                         
    1367.       Stay of proceedings and exclusive jurisdiction.       
    1368.       Effect of increase on other quotas.                   

             SUBPART II - ADJUSTMENT OF QUOTAS AND ENFORCEMENT         
    1371.       General adjustment of quotas.                         
    1372.       Payment, collection, and refund of penalties.         
    1373.       Reports and records.                                  
    1374.       Measurement of farms and report of plantings;
                 remeasurement.                                       
    1375.       Regulations.                                          
    1376.       Court jurisdiction; duties of United States attorneys;
                 remedies and penalties as additional.                
    1377.       Preservation of unused acreage allotments.            
    1378.       Transfer of acreage allotments ensuing from agency
                 acquisition of farmlands.                            
    1379.       Reconstitution of farms.                              

                    PART D - WHEAT MARKETING ALLOCATION                
    1379a.      Legislative findings.                                 
    1379b.      Wheat marketing allocation; amount; national
                 allocation percentage; commercial and noncommercial
                 wheat-producing areas.                               
    1379c.      Marketing certificates.                               
    1379d.      Marketing restrictions.                               
    1379e.      Assistance in purchase and sale of marketing
                 certificates; regulations; administrative expenses;
                 interest.                                            
    1379f.      Conversion factors.                                   
    1379g.      Authority to facilitate transition.                   
    1379h.      Applicability of provisions to designated persons;
                 reports and records; examinations by the Secretary.  
    1379i.      Penalties.                                            
    1379j.      Regulations.                                          

                        PART E - RICE CERTIFICATES                    
    1380a to 1380p. Omitted.                                          

           PART F - MISCELLANEOUS PROVISIONS AND APPROPRIATIONS       

                         SUBPART I - MISCELLANEOUS                     
    1381 to 1382. Omitted.                                            
    1383.       Insurance of cotton; reconcentration.                 
    1383a.      Written consent for reconcentration of cotton.        
    1384.       Repealed.                                             
    1385.       Finality of payments and loans; substitution of
                 beneficiaries.                                       
    1386.       Exemption from laws prohibiting interest of Members of
                 Congress in contracts.                               
    1387.       Photographic reproductions and maps.                  
    1388.       Utilization of local agencies.                        
    1389.       Personnel.                                            
    1390.       Separability.                                         

          SUBPART II - APPROPRIATIONS AND ADMINISTRATIVE EXPENSES      
    1391.       Authorization of appropriations; loans from Commodity
                 Credit Corporation.                                  
    1392.       Administrative expenses; posting names and
                 compensation of local employees.                     
    1393.       Allotment of appropriations.                          

       SUBCHAPTER III - COTTON POOL PARTICIPATION TRUST CERTIFICATES   
    1401 to 1407. Omitted.                                            

-End-

-CITE-
    7 USC GENERAL PROVISIONS                                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    GENERAL PROVISIONS

-HEAD-
                            GENERAL PROVISIONS                        

-End-

-CITE-
    7 USC Sec. 1281                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    GENERAL PROVISIONS

-HEAD-
    Sec. 1281. Short title

-STATUTE-
      This chapter may be cited as the "Agricultural Adjustment Act of
    1938".

-SOURCE-
    (Feb. 16, 1938, ch. 30, Sec. 1, 52 Stat. 31.)

-MISC1-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Pub. L. 99-198, title XVIII, Sec. 1801, Dec. 23, 1985, 99 Stat.
    1660, provided that: "Except as otherwise provided in this Act,
    this Act and the amendments made by this Act [see Tables for
    classification] shall become effective on the date of the enactment
    of this Act [Dec. 23, 1985]."

                       SHORT TITLE OF 1999 AMENDMENT                   
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title IV, Sec. 401],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-210, provided that: "This
    title [amending section 1387 of this title] may be cited as the
    'Mississippi National Forest Improvement Act of 1999'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-577, Sec. 1, Nov. 15, 1990, 104 Stat. 2856, provided:
    "That this Act [amending sections 1314e and 1379 of this title] may
    be cited as the 'Farm Poundage Quota Revisions Act of 1990'."

                       SHORT TITLE OF 1986 AMENDMENT                   
      Pub. L. 99-260, Sec. 1, Mar. 20, 1986, 100 Stat. 45, provided
    that: "This Act [enacting section 1433c-1 of this title, amending
    sections 259, 1431, 1441-1, 1444-1, 1444e, 1445b-3, 1446, 1464,
    1466, 1736-1, 1736s, and 1736v of this title, section 5312 of Title
    5, Government Organization and Employees, and section 714b of Title
    15, Commerce and Trade, enacting provisions set out as notes under
    sections 608c, 1441-1, and 1446 of this title, and amending
    provisions set out as a note under section 2025 of this title] may
    be cited as the 'Food Security Improvements Act of 1986'."

                       SHORT TITLE OF 1985 AMENDMENT                   
      Pub. L. 99-198, Sec. 1, Dec. 23, 1985, 99 Stat. 1354, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Food Security Act of 1985'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Pub. L. 97-218, Sec. 1, July 20, 1982, 96 Stat. 197, provided
    that: "This Act [enacting sections 1314-1, 1314b-1, 1314b-2, 1445-
    1, and 1445-2 of this title, amending sections 1301, 1314, 1314b,
    1314c, 1314e, 1314f, 1316, 1373, and 1445 of this title, and
    enacting provisions set out as notes under sections 1314, 1314b,
    1445, 1445-1, and 1445-2 of this title, and under section 590h of
    Title 16, Conservation] may be cited as the 'No Net Cost Tobacco
    Program Act of 1982'."

                       SHORT TITLE OF 1981 AMENDMENT                   
       Pub. L. 97-98, Sec. 1, Dec. 22, 1981, 95 Stat. 1213, provided in
    part that Pub. L. 97-98 [see Tables for classification] be cited as
    the "Agriculture and Food Act of 1981".

                       SHORT TITLE OF 1977 AMENDMENT                   
      Pub. L. 95-113, Sec. 1, Sept. 29, 1977, 91 Stat. 913, provided:
    "That this Act [enacting sections 1308 to 1310, 1444c, 1445b to
    1445f, 1715, 2027, 2266, 2267, 2281 to 2289, 2669, 2670, 3101 to
    3103, 3121 to 3128, 3151 to 3154, 3171 to 3178, 3191 to 3201, 3221,
    3222, 3241, 3251, 3252, 3261 to 3263, 3271, 3281, 3282, 3291, 3301
    to 3304, 3311 to 3316, and 3401 to 3417 of this title and section
    590q-3 of Title 16, Conservation, amending sections 75 to 79b, 84,
    87 to 87b, 87e, 87f-1, 87f-2, 87h, 341 to 343, 361c, 390 to 390j,
    427, 450i, 450j, 450l, 608e-1, 612c-3, 1011, 1307, 1352, 1358 to
    1359, 1373, 1374, 1377, 1385, 1427 to 1428, 1431, 1441, 1444, 1446,
    1446a, 1447, 1622, 1702, 1724, 1731 to 1733, 1736b, 1736c, 1781,
    1782, 1923, 1929, 1929a, 1932, 1942, 2011 to 2026, 2201, 2204,
    2652, 2654, 2662, 2663, and 2667 of this title, section 714b of
    Title 15, Commerce and Trade, sections 590h, 590o, 1002, 1005,
    1006a, and 1505 of Title 16, and section 6651 of Title 42, The
    Public Health and Welfare, repealing section 390k of this title,
    enacting provisions set out as notes under this section, sections
    74, 75a, 612c, 1307, 1330, 1331, 1342, 1352, 1353, 1358, 1358a,
    1359, 1373, 1377, 1379d, 1385, 1427, 1428, 1441, 1444, 1444b,
    1444c, 1445a to 1445c, 1446, 1446d, 1447, 1691, 2011, 2012, 2266,
    3101, and 3401 of this title, and section 714b of Title 15, and
    amending provisions set out as notes under sections 74, 79, 135b,
    608c, 612c, 1308, and 2011 of this title and under section 1382e of
    Title 42] may be cited as the 'Food and Agriculture Act of 1977'."

                       SHORT TITLE OF 1973 AMENDMENT                   
      Pub. L. 93-86, Sec. 6, formerly Sec. 5, Aug. 10, 1973, 87 Stat.
    250, as renumbered Pub. L. 95-113, title XIII, Sec. 1304(b)(1),
    Sept. 29, 1977, 91 Stat. 980, provided that: "This Act [enacting
    sections 428b, 612c-2, 612c-3, 1282a, 1427a, 1434, 1441a, 1736e,
    and 2026 of this title and sections 1501 to 1510 of Title 16,
    Conservation, amending sections 450j, 450l, 608c, 1301, 1305, 1306,
    1307, 1334a-1, 1342a, 1344b, 1350, 1374, 1379b, 1379c, 1379g, 1428,
    1444, 1444b, 1445a, 1446, 1446a, 1703, 1736c, 1782, 1787, 1925,
    1926, 1932, 2012, 2014, 2016, 2019, 2025, 2119, 2651, and 2654 of
    this title, repealing section 1628 of this title, enacting
    provisions set out as notes under sections 608c, 612c, 624, 1301,
    1305, 1306, 1344b, 1350, 1379b, 1379c, 1379d, 1441, 1444, 1445a,
    and 1446 of this title, section 142 of Title 13, Census, and
    section 71 of Title 45, Railroads, and amending provisions set out
    as notes under sections 135b, 608c, 1305, 1330 to 1336, 1338, 1339,
    1342, 1343, 1344, 1344b, 1345, 1346, 1377 to 1379, 1379b, 1379c,
    1385, 1427, 1428, 1441, 1445a, 1446, and 1446d of this title] may
    be cited as the 'Agriculture and Consumer Protection Act of 1973'."

                       SHORT TITLE OF 1970 AMENDMENT                   
      Pub. L. 91-524, Sec. 1, Nov. 30, 1970, 84 Stat. 1358, provided:
    "That this Act [as amended by section 1 of Pub. L. 93-86, enacting
    sections 428b, 612c-2, 612c-3, 1282a, 1307, 1334a-1, 1339d, 1342a,
    1350a, 1427a, 1434, 1441a, 1736e, 1787, 1930, and 2119 of this
    title, sections 590q-2 and 1501 to 1510 of Title 16, Conservation,
    and section 3122 of Title 42, The Public Health and Welfare,
    amending sections 450j, 450l, 608c, 1301, 1305, 1306, 1344b, 1350,
    1374, 1378, 1379, 1379b, 1379c, 1379d, 1379e, 1379g, 1385, 1427,
    1428, 1444, 1444a, 1444b, 1445a, 1446, 1446a, 1703, 1704, 1736,
    1736c, 1782, 1787, 1925, 1926, 1932, 2651, and 2654 of this title
    and section 590p of Title 16, Conservation, and enacting provisions
    set out as notes under sections 135b, 608c, 624, 1301, 1305, 1306,
    1330, 1331, 1332, 1333, 1334, 1335, 1336, 1338, 1339, 1342, 1342a,
    1343, 1344, 1344b, 1345, 1346, 1350, 1359, 1377, 1378, 1379, 1379b
    to 1379j, 1385, 1427, 1428, 1441, 1444, 1444b, 1445, 1445a, 1446,
    and 1446d of this title, section 142 of Title 13, Census, and
    section 71 of Title 45 Railroads] may be cited as the 'Agricultural
    Act of 1970'."

                       SHORT TITLE OF 1964 AMENDMENT                   
      Pub. L. 88-297, Sec. 1, Apr. 11, 1964, 78 Stat. 173, provided:
    "That this Act [enacting sections 1348 to 1350 of this title,
    amending sections 1301, 1334, 1336, 1339, 1344, 1376, 1377, 1379b,
    1379c, 1379d, 1385, 1421, 1427, 1444, and 1445a of this title,
    enacting provisions set out as notes under sections 1332 and 1379b
    of this title, and amending provisions set out as a note under
    section 1441 of this title] may be cited as the 'Agricultural Act
    of 1964'."

                       SHORT TITLE OF 1963 AMENDMENT                   
      Pub. L. 88-26, Sec. 1, May 20, 1963, 77 Stat. 44, provided: "That
    this Act [amending section 1339a of this title and section 590p of
    Title 16, Conservation, and provisions set out as note under
    section 1441 of this title] may be cited as the 'Feed Grain Act of
    1963'."

                       SHORT TITLE OF 1962 AMENDMENT                   
      Section 1 of Pub. L. 87-703 provided: "That this Act [enacting
    sections 1334b, 1339 to 1339c, 1379a to 1379j, 1431d, 1445a and
    1991 of this title and section 713a-13 of Title 15, Commerce and
    Trade, amending sections 608c, 1010, 1011, 1301, 1331 to 1334,
    1335, 1336, 1340, 1371, 1385, 1427, 1431, 1431b, 1444b, 1697, 1731
    to 1733, 1735, 1736, 1923, 1926, 1929, and 1942 of this title and
    sections 590g, 590h, 590p, 1004 and 1005 of Title 16, Conservation,
    repealing section 1337 of this title, enacting provisions set out
    as notes under this section, sections 1301, 1334, and 1441 of this
    title, and section 590p of Title 16] may be cited as the 'Food and
    Agriculture Act of 1962'."

                       SHORT TITLE OF 1958 AMENDMENT                   
      Pub. L. 85-835, Sec. 1, Aug. 28, 1958, 72 Stat. 988, provided
    that: "This Act [enacting sections 1344 note, 1378, 1431a, 1441
    note, 1443, 1444, 1853 note, amending sections 1313, 1334, 1342,
    1344, 1347, 1353, 1358, 1423, 1425, 1427, 1441, 1446, 1446a, 1782
    to 1784, and repealing section 1301b of this title] may be cited as
    the 'Agricultural Act of 1958' ".

                       SHORT TITLE OF 1956 AMENDMENT                   
      Act May 28, 1956, ch. 327, Sec. 1, 70 Stat. 188, provided: "That
    this Act [see Tables for classification] may be cited as the
    'Agricultural Act of 1956'."

                       SHORT TITLE OF 1948 AMENDMENT                   
      Act July 3, 1948, ch. 827, 62 Stat. 1247, provided: "That this
    Act [see Tables for classification] may be cited as the
    'Agricultural Act of 1948'."

                               SEPARABILITY                           
      Section 405 of Pub. L. 87-703 provided that: "If any provision of
    this Act [see Short Title of 1962 Amendment note above] is declared
    unconstitutional, or the applicability thereof to any person or
    circumstance is held invalid, the validity of the remainder of this
    Act and the applicability thereof to other persons and
    circumstances shall not be affected thereby."

-End-

-CITE-
    7 USC Sec. 1282                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    GENERAL PROVISIONS

-HEAD-
    Sec. 1282. Declaration of policy

-STATUTE-
      It is declared to be the policy of Congress to continue the Soil
    Conservation and Domestic Allotment Act, as amended [16 U.S.C. 590a
    et seq.], for the purpose of conserving national resources,
    preventing the wasteful use of soil fertility, and of preserving,
    maintaining, and rebuilding the farm and ranch land resources in
    the national public interest; to accomplish these purposes through
    the encouragement of soil-building and soil-conserving crops and
    practices; to assist in the marketing of agricultural commodities
    for domestic consumption and for export; and to regulate interstate
    and foreign commerce in cotton, wheat, corn, and rice to the extent
    necessary to provide an orderly, adequate, and balanced flow of
    such commodities in interstate and foreign commerce through storage
    of reserve supplies, loans, marketing quotas, assisting farmers to
    obtain insofar as practicable, parity prices for such commodities
    and parity of income, and assisting consumers to obtain an adequate
    and steady supply of such commodities at fair prices.

-SOURCE-
    (Feb. 16, 1938, ch. 30, Sec. 2, 52 Stat. 31; Pub. L. 108-357, title
    VI, Sec. 611(e), Oct. 22, 2004, 118 Stat. 1522.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Soil Conservation and Domestic Allotment Act, as amended,
    referred to in text, is act Apr. 27, 1935, ch. 85, 49 Stat. 163, as
    amended, which is classified generally to chapter 3B (Sec. 590a et
    seq.) of Title 16, Conservation. For complete classification of
    this Act to the Code, see section 590q of Title 16 and Tables.

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-357 struck out "tobacco," after "corn,".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-357 applicable to the 2005 and
    subsequent crops of tobacco, see section 643 of Pub. L. 108-357,
    set out as an Effective Date note under section 518 of this title.

                             SAVINGS PROVISION                         
      Amendment by sections 611 to 614 of Pub. L. 108-357 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. 108-357, set out as a note under section 515 of this
    title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Agricultural Adjustment Administration transferred
    to Secretary of Agriculture by 1946 Reorg. Plan No. 3, Sec. 501,
    eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
    under section 610 of this title.
      Soil Conservation Service and Agricultural Adjustment
    Administration consolidated with other agencies into Agricultural
    Conservation and Adjustment Administration for duration of war, see
    Ex. Ord. No. 9069, set out in note under section 601 of Appendix to
    Title 50, War and National Defense.
      Functions of Soil Conservation Service in Department of
    Agriculture with respect to soil and moisture conservation
    operations conducted on lands under jurisdiction of Department of
    the Interior transferred to Department of the Interior, to be
    administered under direction and supervision of Secretary of the
    Interior through such agency or agencies in Department of the
    Interior as Secretary shall designate, by 1940 Reorg. Plan No. IV,
    Sec. 6, eff. June 30, 1940, set out in the Appendix to Title 5,
    Government Organization and Employees. See, also, sections 13 to 15
    of said plan for provisions relating to transfer of functions of
    department heads, records, property, personnel, and funds.

-MISC2-
    CONGRESSIONAL DECLARATION OF POLICY UNDER AGRICULTURAL ACT OF 1961
      Section 2 of Pub. L. 87-128, Aug. 8, 1961, 75 Stat. 294, provided
    that: "In order more fully and effectively to improve, maintain,
    and protect the prices and incomes of farmers, to enlarge rural
    purchasing power, to achieve a better balance between supplies of
    agricultural commodities and the requirements of consumers
    therefor, to preserve and strengthen the structure of agriculture,
    and to revitalize and stabilize the overall economy at reasonable
    costs to the Government, it is hereby declared to be the policy of
    Congress to - 
        "(a) afford farmers the opportunity to achieve parity of income
      with other economic groups by providing them with the means to
      develop and strengthen their bargaining power in the Nation's
      economy;
        "(b) encourage a commodity-by-commodity approach in the
      solution of farm problems and provide the means for meeting
      varied and changing conditions peculiar to each commodity;
        "(c) expand foreign trade in agricultural commodities with
      friendly nations, as defined in section 107 of Public Law 480,
      83d Congress, as amended (7 U.S.C. 1707), and in no manner either
      subsidize the export, sell, or make available any subsidized
      agricultural commodity to any nations other than such friendly
      nations and thus make full use of our agricultural abundance;
        "(d) utilize more effectively our agricultural productive
      capacity to improve the diets of the Nation's needy persons;
        "(e) recognize the importance of the family farm as an
      efficient unit of production and as an economic base for towns
      and cities in rural areas and encourage, promote, and strengthen
      this form of farm enterprise;
        "(f) facilitate and improve credit services to farmers by
      revising, expanding, and clarifying the laws relating to
      agricultural credit;
        "(g) assure consumers of a continuous, adequate, and stable
      supply of food and fiber at fair and reasonable prices;
        "(h) reduce the cost of farm programs, by preventing the
      accumulation of surpluses; and
        "(i) use surplus farm commodities on hand as fully as
      practicable as an incentive to reduce production as may be
      necessary to bring supplies on hand and firm demand in balance."

             CONGRESSIONAL DECLARATION OF POLICY FOR YEAR 1949         
      Section 1(d) of act July 3, 1948, ch. 827, title I, 62 Stat.
    1248, provided that: "It is hereby declared to be the policy of the
    Congress that the lending and purchase operations of the Department
    of Agriculture (other than those referred to in subsections (a),
    (b), and (c) hereof [subsections (a) and (b) are set out as notes
    under this section and subsection (c) is set out as a note under
    section 713a-8 of Title 15, Commerce and Trade]) shall be carried
    out until January 1, 1950, so as to bring the price and income of
    the producers of other agricultural commodities not covered by
    subsections (a), (b), and (c) to a fair parity relationship with
    the commodities included under subsections (a), (b), and (c), to
    the extent that funds for such operations are available after
    taking into account the operations with respect to the commodities
    covered by subsections (a), (b), and (c). In carrying out the
    provisions of this subsection the Secretary of Agriculture shall
    have the authority to require compliance with production goals and
    marketing regulations as a condition to eligibility of producers
    for price support."

     STUDY OF PARITY INCOME POSITION OF FARMERS; REPORT TO CONGRESS BY
                               JUNE 30, 1966
      Section 705 of Pub. L. 89-321, title VII, Nov. 3, 1965, 79 Stat.
    1210, directed the Secretary of Agriculture to make a study of the
    parity income position of farmers, and report the results of such
    study to the Congress not later than June 30, 1966.

                   PRICE STABILIZATION DURING YEAR 1950               
      Section 1(a), (b) of act July 3, 1948, ch. 827, title I, 62 Stat.
    1247, as amended June 10, 1949, ch. 191, 63 Stat. 169, authorized
    the Secretary of Agriculture through any instrumentality or agency
    within or under the direction of the Department of Agriculture, by
    loans, purchases, or other operations to support prices received by
    producers of cotton, wheat, corn, tobacco, rice, and peanuts
    marketed before June 30, 1950 (September 30, 1950, in the case of
    Maryland and the cigar-leaf types of tobacco), if producers had not
    disapproved marketing quotas for such commodity for the marketing
    year beginning in the calendar year in which the crop is harvested.
      Section 2 of act July 3, 1948, ch. 827, title I, 62 Stat. 1248,
    authorized the Secretary, from any funds available to the
    Department of Agriculture or any agency operating under its
    direction for price support operations or for the disposal of
    agricultural commodities, to use such sums as may be necessary to
    carry out the provisions of section 1 of the Act.
      Section 6 of act July 3, 1948, ch. 827, title I, 62 Stat. 1250,
    provided in part that sections 1 and 2 of the act were to become
    effective Jan. 1, 1949.

-End-

-CITE-
    7 USC Sec. 1282a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    GENERAL PROVISIONS

-HEAD-
    Sec. 1282a. Emergency supply of agricultural products

-STATUTE-
    (a) Establishment of prices to insure orderly, adequate and steady
      supply of products
      Notwithstanding any other provision of law, the Secretary of
    Agriculture shall assist farmers, processors, and distributors in
    obtaining such prices for agricultural products that an orderly,
    adequate and steady supply of such products will exist for the
    consumers of this nation.
    (b) Adjustments in maximum price of products subject to any price
      control or freeze order or regulation to increase supply
      The President shall make appropriate adjustments in the maximum
    price which may be charged under the provisions of Executive Order
    11723 (dated June 13, 1973) or any subsequent Executive Order for
    any agricultural products (at any point in the distribution chain)
    as to which the Secretary of Agriculture certifies to the President
    that the supply of the product will be reduced to unacceptably low
    levels as a result of any price control or freeze order or
    regulation and that alternative means for increasing the supply are
    not available.
    (c) "Agricultural products" defined
      Under this section, the term "agricultural products" shall
    include meat, poultry, vegetables, fruits and all other
    agricultural commodities in raw or processed form, except forestry
    products or fish or fishery products.
    (d) Implementation of policies to encourage full production in
      periods of short supply at fair and reasonable prices
      The Secretary of Agriculture is directed to implement policies
    under this Act which are designed to encourage American farmers to
    produce to their full capabilities during periods of short supply
    to assure American consumers with an adequate supply of food and
    fiber at fair and reasonable prices.

-SOURCE-
    (Pub. L. 91-524, title VIII, Sec. 815, as added Pub. L. 93-86, Sec.
    1(27)(B), Aug. 10, 1973, 87 Stat. 240.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order 11723 (dated June 13, 1973), referred to in
    subsec. (b), was revoked by Ex. Ord. No. 11788, June 18, 1974, 39
    F.R. 22113.
      This Act, referred to in subsec. (d), is Pub. L. 91-524, Nov. 30,
    1970, 84 Stat. 1358, known as the Agricultural Act of 1970. For
    complete classification of this Act to the Code, see Short Title of
    1970 Amendment note set out under section 1281 of this title and
    Tables.

-COD-
                               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 Adjustment Act of 1938 which
    comprises this chapter.

-End-

-CITE-
    7 USC SUBCHAPTER I - ADJUSTMENT IN FREIGHT RATES, NEW USES
           AND MARKETS, AND DISPOSITION OF SURPLUSES       01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER I - ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS,
                    AND DISPOSITION OF SURPLUSES

-HEAD-
     SUBCHAPTER I - ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS,
                       AND DISPOSITION OF SURPLUSES

-End-

-CITE-
    7 USC Sec. 1291                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER I - ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS,
                    AND DISPOSITION OF SURPLUSES

-HEAD-
    Sec. 1291. Adjustments in freight rates

-STATUTE-
    (a) Complaints by Secretary of Agriculture; notice of hearings
      The Secretary of Agriculture is authorized to make complaint to
    the Surface Transportation Board with respect to rates, charges,
    tariffs, and practices relating to the transportation of farm
    products, and to prosecute the same before the Board. Before
    hearing or disposing of any complaint (filed by any person other
    than the Secretary) with respect to rates, charges, tariffs, and
    practices relating to the transportation of farm products, the
    Board shall cause the Secretary to be notified, and, upon
    application by the Secretary, shall permit the Secretary to appear
    and be heard.
    (b) Secretary as party to proceedings
      If such rate, charge, tariff, or practice complained of is one
    affecting the public interest, upon application by the Secretary,
    the Board shall make the Secretary a party to the proceeding. In
    such case the Secretary shall have the rights of a party before the
    Board and the rights of a party to invoke and pursue original and
    appellate judicial proceedings involving the Board's determination.
    The liability of the Secretary in any such case shall extend only
    to liability for court costs.
    (c) Utilization of records, services, etc., of Department of
      Agriculture
      For the purposes of this section, the Surface Transportation
    Board is authorized to avail itself of the cooperation, records,
    services, and facilities of the Department of Agriculture.
    (d) Cooperation with complaining farm associations
      The Secretary is authorized to cooperate with and assist
    cooperative associations of farmers making complaint to the Surface
    Transportation Board with respect to rates, charges, tariffs, and
    practices relating to the transportation of farm products.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title II, Sec. 201, 52 Stat. 36; Pub. L.
    104-88, title III, Sec. 311, Dec. 29, 1995, 109 Stat. 948.)

-MISC1-
                                AMENDMENTS                            
      1995 - Pub. L. 104-88 substituted "Surface Transportation Board"
    for "Interstate Commerce Commission" in subsecs. (a), (c), and (d),
    "Board" for "Commission" wherever appearing in subsecs. (a) and
    (b), and "Board's" for "Commission's" in subsec. (b).

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
    of Pub. L. 104-88, set out as an Effective Date note under section
    701 of Title 49, Transportation.

-End-

-CITE-
    7 USC Sec. 1292                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER I - ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS,
                    AND DISPOSITION OF SURPLUSES

-HEAD-
    Sec. 1292. New uses and markets for commodities

-STATUTE-
    (a) Regional research laboratories
      The Secretary is authorized and directed to establish, equip, and
    maintain four regional research laboratories, one in each major
    farm producing area, and, at such laboratories, to conduct
    researches into and to develop new scientific, chemical, and
    technical uses and new and extended markets and outlets for farm
    commodities and products and byproducts thereof. Such research and
    development shall be devoted primarily to those farm commodities in
    which there are regular or seasonal surpluses, and their products
    and byproducts.
    (b) Acquisition of land for laboratories; donations
      For the purposes of subsection (a) of this section, the Secretary
    is authorized to acquire land and interests therein, and to accept
    in the name of the United States donations of any property, real or
    personal, to any laboratory established pursuant to this section,
    and to utilize voluntary or uncompensated services at such
    laboratories. Donations to any one of such laboratories shall not
    be available for use by any other of such laboratories.
    (c) Cooperation with governmental agencies, associations, etc.
      In carrying out the purposes of subsection (a) of this section,
    the Secretary is authorized and directed to cooperate with other
    departments or agencies of the Federal Government, States, State
    agricultural experiment stations, and other State agencies and
    institutions, counties, municipalities, business or other
    organizations, corporations, associations, universities, scientific
    societies, and individuals, upon such terms and conditions as he
    may prescribe.
    (d) Appropriation for purposes of subsection (a)
      To carry out the purposes of subsection (a) of this section, the
    Secretary is authorized to utilize in each fiscal year, beginning
    with the fiscal year beginning July 1, 1938, a sum not to exceed
    $4,000,000 of the funds appropriated pursuant to section 1391 of
    this title, or section 590o of title 16, for such fiscal year. The
    Secretary shall allocate one-fourth of such sum annually to each of
    the four laboratories established pursuant to this section.
    (e) Repealed. Aug. 30, 1954, ch. 1076, Sec. 1(3), 68 Stat. 966
    (f) Appropriation to Secretary of Commerce
      There is allocated to the Secretary of Commerce for each fiscal
    year, beginning with the fiscal year beginning July 1, 1938, out of
    funds appropriated for such fiscal year pursuant to section 1391 of
    this title, or section 590o of title 16 the sum of $1,000,000 to be
    expended for the promotion of the sale of farm commodities and
    products thereof in such manner as he shall direct. Of the sum
    allocated under this subsection to the Secretary of Commerce for
    the fiscal year beginning July 1, 1938, $100,000 shall be devoted
    to making a survey and investigation of the cause or causes of the
    reduction in exports of agricultural commodities from the United
    States, in order to ascertain methods by which the sales in foreign
    countries of basic agricultural commodities produced in the United
    States may be increased.
    (g) Duty of Secretary
      It shall be the duty of the Secretary to use available funds to
    stimulate and widen the use of all farm commodities in the United
    States and to increase in every practical way the flow of such
    commodities and the products thereof into the markets of the world.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title II, Sec. 202, 52 Stat. 37; Aug. 30,
    1954, ch. 1076, Sec. 1(3), 68 Stat. 966.)

-MISC1-
                                AMENDMENTS                            
      1954 - Subsec. (e). Act Aug. 30, 1954, repealed subsec. (e) which
    required reports to Congress of the activities of, expenditures by,
    and donations to, the laboratories established pursuant to subsec.
    (a).

                     WHEAT RESEARCH AND PROMOTION ACT                 
      Pub. L. 91-430, Sept. 26, 1970, 84 Stat. 885, provided:
      "[Section 1. Short Title]. That this Act shall be known as the
    'Wheat Research and Promotion Act.'
      "Sec. 2 [Contract authority; sale of export marketing
    certificates and pro rata share of such certificates for financing
    agreements; rules and regulations]. The Secretary of Agriculture is
    authorized to enter into agreements with organizations of wheat
    growers, farm organizations, and such other organizations as he may
    deem appropriate to carry out a program of research and promotion
    designed to expand domestic and foreign markets and increase
    utilization for United States wheat and to carry out any other such
    program which he deems will benefit wheat producers in the United
    States. Notwithstanding any other provision of law, the Secretary
    shall use the total net proceeds from the sale of export marketing
    certificates during the marketing year ending June 30, 1969, to
    finance the cost of such agreements, except that he shall provide
    for the issuance of a pro rata share of export marketing
    certificates for such marketing year to any producer eligible
    therefor under section 379c of the Agricultural Adjustment Act of
    1938, as amended [section 1379c of this title], who applies for
    such certificates not later than ninety days after the date of
    enactment of this Act [Sept. 26, 1970]. The Secretary is authorized
    to prescribe such rules and regulations as may be necessary to
    carry out the provisions of this Act."

-End-

-CITE-
    7 USC Sec. 1293                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER I - ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS,
                    AND DISPOSITION OF SURPLUSES

-HEAD-
    Sec. 1293. Transferred

-COD-
                               CODIFICATION                           
      Section, act Feb. 16, 1938, ch. 30, title II, Sec. 204, 52 Stat.
    38, which provided for annual report of Federal Surplus Commodities
    Corporation, was transferred to section 713c-1 of Title 15,
    Commerce and Trade.

-End-

-CITE-
    7 USC SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER
           SAFEGUARDS, MARKETING QUOTAS, AND MARKETING
           CERTIFICATES                                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES

-HEAD-
       SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
               MARKETING QUOTAS, AND MARKETING CERTIFICATES

-End-

-CITE-
    7 USC Part A - Definitions, Loans, Parity Payments, and
                    Consumer Safeguards                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
        PART A - DEFINITIONS, LOANS, PARITY PAYMENTS, AND CONSUMER
                                SAFEGUARDS

-End-

-CITE-
    7 USC Sec. 1301                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1301. Definitions

-STATUTE-
    (a) General definitions
      For the purposes of this subchapter and the declaration of policy
    - 
        (1)(A) The "parity price" for any agricultural commodity, as of
      any date, shall be determined by multiplying the adjusted base
      price of such commodity as of such date by the parity index as of
      such date.
        (B) The "adjusted base price" of any agricultural commodity, as
      of any date, shall be (i) the average of the prices received by
      farmers for such commodity, at such times as the Secretary may
      select during each year of the ten-year period ending on the 31st
      of December last before such date, or during each marketing
      season beginning in such period if the Secretary determines use
      of a calendar year basis to be impracticable, divided by (ii) the
      ratio of the general level of prices received by farmers for
      agricultural commodities during such period to the general level
      of prices received by farmers for agricultural commodities during
      the period January 1910 to December 1914, inclusive. As used in
      this subparagraph, the term "prices" shall include wartime
      subsidy payments made to producers under programs designed to
      maintain maximum prices established under the Emergency Price
      Control Act of 1942.
        (C) The "parity index", as of any date, shall be the ratio of
      (i) the general level of prices for articles and services that
      farmers buy, wages paid hired farm labor, interest on farm
      indebtedness secured by farm real estate, and taxes on farm real
      estate, for the calendar month ending last before such date to
      (ii) the general level of such prices, wages, rates, and taxes
      during the period January 1910 to December 1914, inclusive.
        (D) The prices and indices provided for herein, and the data
      used in computing them, shall be determined by the Secretary,
      whose determination shall be final.
        (E) Notwithstanding the provisions of subparagraph (A) of this
      paragraph, the transitional parity price for any agricultural
      commodity, computed as provided in this subparagraph, shall be
      used as the parity price for such commodity until such date after
      January 1, 1950, as such transitional parity price may be lower
      than the parity price, computed as provided in subparagraph (A)
      of this paragraph, for such commodity. The transitional parity
      price for any agricultural commodity as of any date shall be - 
          (i) its parity price determined in the manner used prior to
        the effective date of the Agricultural Act of 1948, less
          (ii) 5 per centum of the parity price so determined
        multiplied by the number of full calendar years (not counting
        1956 in the case of basic agricultural commodities) which, as
        of such date, have elapsed after January 1, 1949, in the case
        of non-basic agricultural commodities, and after January 1,
        1955, in the case of the basic agricultural commodities.

        (F) Notwithstanding the provisions of subparagraphs (A) and (E)
      of this paragraph, if the parity price for any agricultural
      commodity, computed as provided in subparagraphs (A) and (E) of
      this paragraph, appears to be seriously out of line with the
      parity prices of other agricultural commodities, the Secretary
      may, and upon the request of a substantial number of interested
      producers shall, hold public hearings to determine the proper
      relationship between the parity price of such commodity and the
      parity prices of other agricultural commodities. Within sixty
      days after commencing such hearing the Secretary shall complete
      such hearing, proclaim his findings as to whether the facts
      require a revision of the method of computing the parity price of
      such commodity, and put into effect any revision so found to be
      required.
        (G) Notwithstanding the foregoing provisions of this section,
      the parity price for any basic agricultural commodity, as of any
      date during the six-year period beginning January 1, 1950, shall
      not be less than its parity price computed in the manner used
      prior to October 31, 1949.
        (2) "Parity", as applied to income, shall be that gross income
      from agriculture which will provide the farm operator and his
      family with a standard of living equivalent to those afforded
      persons dependent upon other gainful occupation. "Parity" as
      applied to income from any agricultural commodity for any year,
      shall be that gross income which bears the same relationship to
      parity income from agriculture for such year as the average gross
      income from such commodity for the preceding ten calendar years
      bears to the average gross income from agriculture for such ten
      calendar years.
        (3) The term "interstate and foreign commerce" means sale,
      marketing, trade, and traffic between any State or Territory or
      the District of Columbia or Puerto Rico, and any place outside
      thereof; or between points within the same State or Territory or
      within the District of Columbia or Puerto Rico, through any place
      outside thereof; or within any Territory or within the District
      of Columbia or Puerto Rico.
        (4) The term "affect interstate and foreign commerce" means,
      among other things, in such commerce, or to burden or obstruct
      such commerce or the free and orderly flow thereof; or to create
      or tend to create a surplus of any agricultural commodity which
      burdens or obstructs such commerce or the free and orderly flow
      thereof.
        (5) The term "United States" means the several States and
      Territories and the District of Columbia and Puerto Rico.
        (6) The term "State" includes a Territory and the District of
      Columbia and Puerto Rico.
        (7) The term "Secretary" means the Secretary of Agriculture,
      and the term "Department" means the Department of Agriculture.
        (8) The term "person" means an individual, partnership, firm,
      joint-stock company, corporation, association, trust, estate, or
      any agency of a State.
        (9) The term "corn" means field corn.
    (b) Definitions applicable to one or more commodities
      For the purposes of this subchapter - 
        (1)(A) "Actual production" as applied to any acreage of corn
      means the number of bushels of corn which the local committee
      determines would be harvested as grain from such acreage if all
      the corn on such acreage were so harvested. In case of a
      disagreement between the farmer and the local committee as to the
      actual production of the acreage of corn on the farm, or in case
      the local committee determines that such actual production is
      substantially below normal, the local committee, in accordance
      with regulations of the Secretary, shall weigh representative
      samples of ear corn taken from the acreage involved, make proper
      deductions for moisture content, and determine the actual
      production of such acreage on the basis of such samples.
        (B) "Actual production" of any number of acres of cotton, rice
      or peanuts on a farm means the actual average yield for the farm
      times such number of acres.
        (2) "Bushel" means in the case of ear corn that amount of ear
      corn, including not to exceed 15 1/2  per centum of moisture
      content, which weighs seventy pounds, and in the case of shelled
      corn, means that amount of shelled corn including not to exceed
      15 1/2  per centum of moisture content, which weighs fifty-six
      pounds.
        (3)(A) "Carry-over", in the case of corn, rice, and peanuts for
      any marketing year shall be the quantity of the commodity on hand
      in the United States at the beginning of such marketing year, not
      including any quantity which was produced in the United States
      during the calendar year then current.
        (B) "Carry-over" of cotton for any marketing year shall be the
      quantity of cotton on hand in the United States at the beginning
      of such marketing year, not including any part of the crop which
      was produced in the United States during the calendar year then
      current.
        (C) "Carry-over" of wheat, for any marketing year shall be the
      quantity of wheat on hand in the United States at the beginning
      of such marketing year, not including any wheat which was
      produced in the United States during the calendar year then
      current, and not including any wheat held by the Federal Crop
      Insurance Corporation under the Federal Crop Insurance Act [7
      U.S.C. 1501 et seq.].
        (4)(A) "Commercial corn-producing area" shall include all
      counties in which the average production of corn (excluding corn
      used as silage) during the ten calendar years immediately
      preceding the calendar year for which such area is determined,
      after adjustment for abnormal weather conditions, is four hundred
      and fifty bushels or more per farm and four bushels or more for
      each acre of farm land in the county.
        (B) Whenever prior to February 1 of any calendar year the
      Secretary has reason to believe that any county which is not
      included in the commercial corn-producing area determined
      pursuant to the provisions of subparagraph (A) of this
      subsection, but which borders upon one of the counties in such
      area, or that any minor civil division in a county bordering on
      such area, is producing (excluding corn used for silage) an
      average of at least four hundred and fifty bushels of corn per
      farm and an average of at least four bushels for each acre of
      farm land in the county or in the minor civil division, as the
      case may be, he shall cause immediate investigation to be made to
      determine such fact. If, upon the basis of such investigation,
      the Secretary finds that such county or minor civil division is
      likely to produce corn in such average amounts during such
      calendar year, he shall proclaim such determination and,
      commencing with such calendar year, such county shall be included
      in the commercial corn-producing area. In the case of a county
      included in the commercial corn-producing area pursuant to this
      subparagraph, whenever prior to February 1 of any calendar year
      the Secretary has reason to believe that facts justifying the
      inclusion of such county are not likely to exist in such calendar
      year, he shall cause an immediate investigation to be made with
      respect thereto. If, upon the basis of such investigation, the
      Secretary finds that such facts are not likely to exist in such
      calendar year, he shall proclaim such determination, and
      commencing with such calendar year, such county shall be excluded
      from the commercial corn-producing area.
        (5) "Farm consumption" of corn means consumption by the
      farmer's family, employees, or household, or by his work stock;
      or consumption by poultry or livestock on his farm if such
      poultry or livestock, or the products thereof, are consumed or to
      be consumed by the farmer's family, employees, or household.
        (6)(A) "Market", in the case of corn, cotton, rice, and wheat,
      means to dispose of, in raw or processed form, by voluntary or
      involuntary sale, barter, or exchange, or by gift inter vivos,
      and, in the case of corn and wheat, by feeding (in any form) to
      poultry or livestock which, or the products of which, are sold,
      bartered, or exchanged, or to be so disposed of, but does not
      include disposing of any such commodities as premium to the
      Federal Crop Insurance Corporation under the Federal Crop
      Insurance Act [7 U.S.C. 1501 et seq.].
        (B) "Marketed", "marketing", and "for market" shall have
      corresponding meanings to the term "market" in the connection in
      which they are used.
        (C) "Market", in the case of peanuts, means to dispose of
      peanuts, including farmers' stock peanuts, shelled peanuts,
      cleaned peanuts, or peanuts in processed form, by voluntary or
      involuntary sale, barter, or exchange, or by gift inter vivos.
        (7) "Marketing year" means, in the case of the following
      commodities, the period beginning on the first and ending with
      the second date specified below:
          Corn, September 1-August 31;
          Cotton, August 1-July 31;
          Rice, August 1-July 31;
          Tobacco (flue-cured), July 1-June 30;
          Tobacco (other than flue-cured), October 1-September 30;
          Wheat, June 1-May 31.

        (8)(A) "National average yield" as applied to cotton or wheat
      shall be the national average yield per acre of the commodity
      during the ten calendar years in the case of wheat, and during
      the five calendar years in the case of cotton, preceding the year
      in which such national average yield is used in any computation
      authorized in this subchapter, adjusted for abnormal weather
      conditions and, in the case of wheat, but not in the case of
      cotton, for trends in yields.
        (B) "Projected national yield" as applied to any crop of wheat
      shall be determined on the basis of the national yield per
      harvested acre of the commodity during each of the five calendar
      years immediately preceding the year in which such projected
      national yield is determined, adjusted for abnormal weather
      conditions affecting such yield, for trends in yields and for any
      significant changes in production practices.
        (9) "Normal production" as applied to any number of acres of
      corn or rice means the normal yield for the farm times such
      number of acres. "Normal production" as applied to any number of
      acres of cotton or wheat means the projected farm yield times
      such number of acres.
        (10)(A) "Normal supply" in the case of corn, rice, wheat, and
      peanuts for any marketing year shall be (i) the estimated
      domestic consumption of the commodity for the marketing year
      ending immediately prior to the marketing year for which normal
      supply is being determined, plus (ii) the estimated exports of
      the commodity for the marketing year for which normal supply is
      being determined, plus (iii) an allowance for carry-over. The
      allowance for carry-over shall be the following percentage of the
      sum of the consumption and exports used in computing normal
      supply: 15 per centum in the case of corn; 10 per centum in the
      case of rice; 20 per centum in the case of wheat; and 15 per
      centum in the case of peanuts. In determining normal supply the
      Secretary shall make such adjustments for current trends in
      consumption and for unusual conditions as he may deem necessary.
        (B) The "normal supply" of cotton for any marketing year shall
      be the estimated domestic consumption of cotton for the marketing
      year for which such normal supply is being determined, plus the
      estimated exports of cotton for such marketing year, plus, 30 per
      centum of the sum of such consumption and exports as an allowance
      for carry-over.
        (11)(A) "Normal year's domestic consumption", in the case of
      corn and wheat, shall be the yearly average quantity of the
      commodity, wherever produced, that was cosumed (!1) in the United
      States during the ten marketing years immediately preceding the
      marketing year in which such consumption is determined, adjusted
      for current trends in such consumption.

        (B) "Normal year's domestic consumption", in the case of
      cotton, shall be the yearly average quantity of the commodity
      produced in the United States that was consumed in the United
      States during the ten marketing years immediately preceding the
      marketing year in which such consumption is determined, adjusted
      for current trends in such consumption.
        (C) "Normal year's domestic consumption", in the case of rice,
      shall be the yearly average quantity of rice produced in the
      United States that was consumed in the United States during the
      five marketing years immediately preceding the marketing year in
      which such consumption is determined, adjusted for current trends
      in such consumption.
        (12) "Normal year's exports" in the case of corn, cotton, rice,
      and wheat shall be the yearly average quantity of the commodity
      produced in the United States that was exported from the United
      States during the ten marketing years (or, in the case of rice,
      the five marketing years) immediately preceding the marketing
      year in which such exports are determined, adjusted for current
      trends in such exports.
        (13)(A) Repealed. Pub. L. 87-703, title III, Sec. 320(1), Sept.
      26, 1962, 76 Stat. 625.
        (B) "Normal yield" for any county, in the case of peanuts,
      shall be the average yield per acre of peanuts for the county
      adjusted for abnormal weather conditions, during the five
      calendar years immediately preceding the year in which such
      normal yield is determined. For 1942, the normal yield for any
      county, in the case of peanuts, shall be the average yield per
      acre for peanuts for the county, adjusted for abnormal
      conditions, during the years 1936-1940, inclusive, except that
      for any county in which the years 1935-1939, inclusive, are
      equally as representative, such period may be used in determining
      the normal yields for counties in the State.
        (C) In applying subparagraph (A) or (B) of this paragraph, if
      for any such year the data are not available, or there is no
      actual yield, an appraised yield for such year, determined in
      accordance with regulations issued by the Secretary, shall be
      used as the actual yield for such year. In applying such
      subparagraphs, if, on account of drought, flood, insect pests,
      plant disease, or other uncontrollable natural cause, the yield
      in any year of such ten-year period or five-year period, as the
      case may be, is less than 75 per centum of the average (computed
      without regard to such year) such year shall be eliminated in
      calculating the normal yield per acre.
        (D) "Normal yield" for any county, in the case of rice and
      wheat, shall be the average yield per acre of rice or wheat, as
      the case may be, for the county during the five calendar years
      immediately preceding the year for which such normal yield is
      determined in the case of rice, or during the five years
      immediately preceding the year in which such normal yield is
      determined in the case of wheat, adjusted for abnormal weather
      conditions and for trends in yields. If for any such year data
      are not available, or there is no actual yield, an appraised
      yield for such year, determined in accordance with regulations
      issued by the Secretary, taking into consideration the yields
      obtained in surrounding counties during such year and the yield
      in years for which data are available, shall be used as the
      actual yield for such year.
        (E) "Normal yield" for any farm, in the case of rice and wheat,
      shall be the average yield per acre of rice or wheat, as the case
      may be, for the farm during the five calendar years immediately
      preceding the year for which such normal yield is determined in
      the case of rice, or during the five years immediately preceding
      the year in which such normal yield is determined in the case of
      wheat, adjusted for abnormal weather conditions and for trends in
      yields. If for any such year the data are not available or there
      is no actual yield, then the normal yield for the farm shall be
      appraised in accordance with regulations issued by the Secretary,
      taking into consideration abnormal weather conditions, trends in
      yields, the normal yield for the county, the yields obtained on
      adjacent farms during such year and the yield in years for which
      data are available.
        (F) In applying subparagraphs (D) and (E) of this paragraph, if
      on account of drought, flood, insect pests, plant disease, or
      other uncontrollable natural cause, the yield for any year of
      such five-year period is less than 75 per centum of the average,
      75 per centum of such average shall be substituted therefor in
      calculating the normal yield per acre. If, on account of
      abnormally favorable weather conditions, the yield for any year
      of such five-year period is in excess of 125 per centum of the
      average, 125 per centum of such average shall be substituted
      therefor in calculating the normal yield per acre.
        (G) "Normal yield" for any farm, in the case of corn or
      peanuts, shall be the average yield per acre of corn or peanuts,
      as the case may be, for the farm, adjusted for abnormal weather
      conditions, during the five calendar years immediately preceding
      the year in which such normal yield is determined. For 1942, the
      normal yield for any farm, in the case of peanuts, shall be the
      average yield per acre of peanuts for the farm, adjusted for
      abnormal conditions, during the years 1936-1940, inclusive,
      except that for any county in which the years 1935-1939,
      inclusive, are equally as representative, such period may be used
      in determining normal yields for farms in the county. If for any
      such year the data are not available or there is no actual yield,
      then the normal yield for the farm shall be appraised in
      accordance with regulations of the Secretary, taking into
      consideration abnormal weather conditions, the normal yield for
      the county, and the yield in years for which data are available.
        (H) "Normal yield" for any county, for any crop of cotton,
      shall be the average yield per acre of cotton for the county,
      adjusted for abnormal weather conditions and any significant
      changes in production practices during the five calendar years
      immediately preceding the year in which the national marketing
      quota for such crop is proclaimed. If for any such year the data
      are not available, or there is no actual yield, an appraised
      yield for such year, determined in accordance with regulations
      issued by the Secretary, shall be used as the actual yield for
      such year.
        (I) "Normal yield" for any farm, for any crop of cotton, shall
      be the average yield per acre of cotton for the farm, adjusted
      for abnormal weather conditions and any significant changes in
      production practices during the three calendar years immediately
      preceding the year in which such normal yield is determined. If
      for any such year the data are not available, or there is no
      actual yield, then the normal yield for the farm shall be
      appraised in accordance with regulations of the Secretary, taking
      into consideration abnormal weather conditions, the normal yield
      for the county, changes in production practices, and the yield in
      years for which data are available.
        (J) "Projected county yield" for any crop of wheat shall be
      determined on the basis of the yield per harvested acre of such
      commodity on the county during each of the five calendar years
      immediately preceding the year in which such projected county
      yield is determined, adjusted for abnormal weather conditions
      affecting such yield, for trends in yields and for any
      significant changes in production practices.
        (K) "Projected farm yield" for any crop of wheat shall be
      determined on the basis of the yield per harvested acre of such
      commodity in the farm during each of the three calendar years
      immediately preceding the year in which such projected farm yield
      is determined, adjusted for abnormal weather conditions affecting
      such yield, for trends in yields and for any significant changes
      in production practices, but in no event shall such projected
      farm yield be less than the normal yield for such farm as
      provided in subparagraph (E) of this paragraph.
        (L) "Projected national, State, and county yields" for any crop
      of cotton shall be determined on the basis of the yield per
      harvested acre of such crop in the United States, the State and
      the county, respectively, during each of the five calendar years
      immediately preceding the year in which such projected yield for
      the United States, the State, and the county, respectively, is
      determined, adjusted for abnormal weather conditions affecting
      such yield, for trends in yields, and for any significant changes
      in production practices.
        (M) "Projected farm yield" for any crop of cotton shall be
      determined on the basis of the yield per harvested acre of such
      crop on the farm during each of the three calendar years
      immediately preceding the year in which such projected farm yield
      is determined, adjusted for abnormal weather conditions affecting
      such yield, for trends in yields, and for any significant changes
      in production practices, but in no event shall such projected
      farm yield be less than the normal yield for such farm as
      provided in subparagraph (I) of this paragraph.
        (14) "Reserve supply level", in the case of corn, shall be a
      normal year's domestic consumption and exports of corn plus 10
      per centum of a normal year's domestic consumption and exports,
      to insure a supply adequate to meet domestic consumption and
      export needs in years of drought, flood, or other adverse
      conditions, as well as in years of plenty.
        (15)(A) "Total supply" of wheat, corn, rice, and peanuts for
      any marketing year shall be the carry-over of the commodity for
      such marketing year, plus the estimated production of the
      commodity in the United States during the calendar year in which
      such marketing year begins and the estimated imports of the
      commodity into the United States during such marketing year.
        (B) "Total supply" of cotton for any marketing year shall be
      the carry-over at the beginning of such marketing year, plus the
      estimated production of cotton in the United States during the
      calendar year in which such marketing year begins and the
      estimated imports of cotton into the United States during such
      marketing year.
    (c) Use of Federal statistics
      The latest available statistics of the Federal Government shall
    be used by the Secretary in making the determinations required to
    be made by the Secretary under this chapter.
    (d) Exclusion of stocks of certain commodities
      In making any determination under this chapter or under the
    Agricultural Act of 1949 [7 U.S.C. 1421 et seq.] with respect to
    the carryover of any agricultural commodity, the Secretary shall
    exclude from such determination the stocks of any commodity
    acquired pursuant to, or under the authority of, the Strategic and
    Critical Materials Stock Piling Act (60 Stat. 596) [50 U.S.C. 98 et
    seq.].

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 301, 52 Stat. 38; Apr. 7,
    1938, ch. 107, Secs. 2-4, 52 Stat. 202; June 13, 1940, ch. 360,
    Sec. 1, 54 Stat. 392; July 2, 1940, ch. 521, Secs. 3-5, 54 Stat.
    727, 728; Nov. 22, 1940, ch. 914, Secs. 1, 3, 4, 54 Stat. 1209,
    1210; Nov. 25, 1940, ch. 917, 54 Stat. 1211; Apr. 3, 1941, ch. 39,
    Secs. 2, 3, 55 Stat. 91, 92; July 9, 1942, ch. 497, Sec. 1(4), (5),
    56 Stat. 654; July 3, 1948, ch. 827, title II, Sec. 201(a), (b),
    (d), (e), 62 Stat. 1250; Aug. 29, 1949, ch. 518, Sec. 2(a), 63
    Stat. 675; Oct. 31, 1949, ch. 792, title IV, Secs. 409(a)-(d),
    415(c)-(e), 418(b), (c), 63 Stat. 1056, 1057, 1958, 1062; July 8,
    1952, ch. 587, 66 Stat. 442; July 17, 1952, ch. 933, Sec. 1, 66
    Stat. 758; July 14, 1953, ch. 194, Sec. 6, 67 Stat. 152; Aug. 28,
    1954, ch. 1041, title III, Secs. 301, 302, 68 Stat. 902; May 28,
    1956, ch. 327, title V, Sec. 502, title VI, Sec. 602, 70 Stat. 212,
    213; Pub. L. 85-92, Sec. 1, July 10, 1957, 71 Stat. 284; Pub. L. 87-
    703, title III, Sec. 320, Sept. 27, 1962, 76 Stat. 625; Pub. L. 88-
    297, title I, Sec. 106(5)-(7), Apr. 11, 1964, 78 Stat. 177; Pub.
    L. 89-321, title IV, Sec. 403, title V, Secs. 509, 511(a), Nov. 3,
    1965, 79 Stat. 1197, 1204, 1205; Pub. L. 91-524, title IV, Sec.
    405(b), Nov. 30, 1970, as added Pub. L. 93-86, Sec. 1(12), Aug. 10,
    1973, 87 Stat. 229; Pub. L. 94-61, Sec. 1, July 25, 1975, 89 Stat.
    302; Pub. L. 97-218, title III, Sec. 303(a), July 20, 1982, 96
    Stat. 211; Pub. L. 99-198, title X, Sec. 1020, Dec. 23, 1985, 99
    Stat. 1459; Pub. L. 99-272, title I, Sec. 1103(a), Apr. 7, 1986,
    100 Stat. 85; Pub. L. 107-171, title I, Sec. 1610, May 13, 2002,
    116 Stat. 218; Pub. L. 108-357, title VI, Sec. 611(f), Oct. 22,
    2004, 118 Stat. 1522.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Emergency Price Control Act of 1942, referred to in subsec.
    (a)(1)(B), was act Jan. 30, 1942, ch. 26, 56 Stat. 23, as amended,
    which was classified to section 901 et seq. of Title 50, Appendix,
    War and National Defense, and which terminated June 30, 1947.
      For effective date of the Agricultural Act of 1948, referred to
    in subsec. (a)(1)(E)(i), see Effective Date of 1948 Amendment note
    set out under section 624 of this title with reference to title I
    of said act, and Effective Date of 1948 Amendment note set out
    below with reference to titles II and III of said Act.
      The Federal Crop Insurance Act, referred to in subsec. (b)(3)(C),
    (6)(A), is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as
    amended, which is classified generally to chapter 36 (Sec. 1501 et
    seq.) of this title. For complete classification of this Act to the
    Code, see section 1501 of this title and Tables.
      The Agricultural Act of 1949, referred to in subsec. (d), is act
    Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
    classified principally to chapter 35A (Sec. 1421 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1421 of this title and
    Tables.
      The Strategic and Critical Materials Stock Piling Act, referred
    to in subsec. (d), is act June 7, 1939, ch. 190, as revised
    generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319,
    which is classified generally to subchapter III (Sec. 98 et seq.)
    of chapter 5 of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see section 98 of Title 50
    and Tables.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(3)(C), (D). Pub. L. 108-357, Sec. 611(f)(1),
    redesignated subpar. (D) as (C) and struck out former subpar. (C)
    which defined "carry-over" of tobacco for any marketing year.
      Subsec. (b)(6)(A). Pub. L. 108-357, Sec. 611(f)(2), struck out
    "tobacco," after "rice,".
      Subsec. (b)(10)(B), (C). Pub. L. 108-357, Sec. 611(f)(3),
    redesignated subpar. (C) as (B) and struck out former subpar. (B)
    which defined "normal supply" in the case of tobacco.
      Subsec. (b)(11)(B). Pub. L. 108-357, Sec. 611(f)(4), struck out
    "and tobacco" after "cotton".
      Subsec. (b)(12). Pub. L. 108-357, Sec. 611(f)(5), struck out
    "tobacco," after "rice,".
      Subsec. (b)(14). Pub. L. 108-357, Sec. 611(f)(6), struck out
    "(A)" after "(14)" and subpars. (B) to (D) which defined "reserve
    supply level" of tobacco, "reserve stock level" in the case of Flue-
    cured tobacco, and "reserve stock level" in the case of Burley
    tobacco.
      Subsec. (b)(15). Pub. L. 108-357, Sec. 611(f)(7), (10),
    redesignated par. (16) as (15) and struck out former par. (15)
    which defined "tobacco" and "kind of tobacco".
      Subsec. (b)(16). Pub. L. 108-357, Sec. 611(f)(10), redesignated
    par. (16) as (15).
      Subsec. (b)(16)(B), (C). Pub. L. 108-357, Sec. 611(f)(8),
    redesignated subpar. (C) as (B) and struck out former subpar. (B)
    which defined "total supply" of tobacco for any marketing year.
      Subsec. (b)(17). Pub. L. 108-357, Sec. 611(f)(9), struck out par.
    (17) which defined "domestic manufacturer of cigarettes".
      2002 - Subsec. (b)(14)(C). Pub. L. 107-171 substituted
    "60,000,000" for "100,000,000" in cl. (i) and "10 percent" for "15
    percent" in cl. (ii).
      1986 - Subsec. (b)(14)(C), (D). Pub. L. 99-272, Sec. 1103(a)(1),
    added subpars. (C) and (D).
      Subsec. (b)(17). Pub. L. 99-272, Sec. 1103(a)(2), added par.
    (17).
      1985 - Subsec. (b)(7). Pub. L. 99-198 substituted "Corn,
    September 1-August 31" for "Corn, October 1-September 30".
      1982 - Subsec. (b)(15). Pub. L. 97-218 inserted proviso that for
    purposes of section 1314e of this title, types 22 and 23, fire-
    cured tobacco shall be treated as one "kind of tobacco".
      1975 - Subsec. (b)(7). Pub. L. 94-61 substituted "Wheat, June 1-
    May 31" for "Wheat, July 1-June 30".
      1973 - Subsec. (b)(13)(K). Pub. L, 91-524, Sec. 405(b), as added
    by Pub. L. 93-86, temporarily inserted "(five calendar years in the
    case of wheat)" after "three calendar years". See Effective and
    Termination Dates of 1973 Amendment note below.
      1965 - Subsec. (b)(8). Pub. L. 89-321, Sec. 509(1), designated
    existing provisions as subpar. (A) and added subpar. (B).
      Subsec. (b)(9). Pub. L. 89-321, Sec. 511(a), struck out "cotton"
    and "wheat" in first sentence, and inserted definition of normal
    production when applied to any number of acres of cotton or wheat.
      Subsec. (b)(13). Pub. L. 89-321, Secs. 403, 509(2), added
    subpars. (J), (K), (L), and (M).
      1964 - Subsec. (b)(13). Pub. L. 88-297, Sec. 106(5)-(7), struck
    out "cotton or" before "peanuts" in subpar. (B) in two places,
    struck out ", cotton," after "corn" in subpar. (G) in two places,
    and added subpars. (H) and (I), respectively.
      1962 - Subsec. (b)(13). Pub. L. 87-703 struck out par. (A) which
    defined "normal yield" for any county in the case of corn or wheat;
    inserted in pars. (D) and (E) "and wheat" after "in the case of
    rice", "or wheat, as the case may be," after "per acre of rice",
    and "in the case of rice, or during the five years immediately
    preceding the year in which such normal yield is determined in the
    case of wheat" after "determined"; and struck out from par. (G)
    "wheat," after "corn," in two places, "and, in the case of wheat,
    but not in the case of corn, cotton, or peanuts, for trends in
    yields" after "abnormal weather conditions", "ten calendar years in
    the case of wheat, and" before "five calendar years" and "in the
    case of corn, cotton, or peanuts" after "five calendar years".
      1957 - Subsec. (b)(15). Pub. L. 85-92 inserted proviso relating
    to treatment of type 21 fire-cured tobacco as a "kind of tobacco".
      1956 - Subsec. (a)(1)(E). Act May 28, 1956, Sec. 602, inserted
    "(not counting 1956 in the case of basic agricultural commodities)"
    after "full calendar years".
      Subsec. (b)(13). Act May 28, 1956, Sec. 502, limited
    determination of normal yield provided for in subpar. (D) only to
    counties and authorized adjustments for abnormal weather conditions
    and for trends in yields, added subpars. (E) and (F), and
    redesignated subpar. (E) as (G).
      1954 - Subsec. (a)(1)(E). Act Aug. 28, 1954, Sec. 301, changed
    definition of "transitional parity price" as applied to basic
    agricultural commodities so as to make it "old parity" less 5 per
    centum for each full year elapsed since Jan. 1, 1955, instead of
    Jan. 1, 1949.
      Subsec. (b). Act Aug. 28, 1954, Sec. 302, increased carryover
    allowance from 10 per centum to 15 per centum in case of corn and
    from 15 per centum to 20 per centum in case of wheat in subpar.
    (10)(A), and provided for computing county and farm "normal yields"
    on the basis of 5-year yields instead of 10-year yields in case of
    corn in subpars. (13)(A) and (13)(E).
      1953 - Subsec. (d). Act July 14, 1953, added subsec. (d).
      1952 - Subsec. (a)(1)(G). Act July 17, 1952, extended dual parity
    provisions for two years.
      Subsec. (b)(3)(C), (16)(B). Act July 8, 1952, provided for
    computation of carry-over as of Jan. 1st, following the beginning
    of the marketing year instead of Oct. 1st the beginning of the
    marketing year.
      1949 - Subsec. (a)(1)(B). Act Oct. 31, 1949, Sec. 409(a),
    inserted last sentence.
      Subsec. (a)(1)(C). Act Oct. 31, 1949, Sec. 409(b), inserted ",
    wages paid hired farm labor" after "buy" and ", wages" after "such
    prices".
      Subsec. (a)(1)(G). Act Oct. 31, 1949, Sec. 409(c), added subpar.
    (G).
      Subsec. (b)(1)(B). Act Oct. 31, 1949, Sec. 418(b), included the
    actual production of rice.
      Subsec. (b)(3)(B). Act Oct. 31, 1949, Sec. 415(e), repealed
    amendatory provisions of act July 3, 1948, ch. 827, title II, Sec.
    201(c), 62 Stat. 1250.
      Act Aug. 29, 1949, Sec. 2(a)(1), changed definition of "carry-
    over" of cotton by excluding United States cotton on hand outside
    the United States.
      Subsec. (b)(9). Act Oct. 31, 1949, Sec. 418(c), included normal
    production of rice.
      Subsec. (b)(10(A). Act Oct. 31, 1949, Sec. 409(d), increased from
    7 per centum to 10 per centum the carryover allowance for corn.
      Act Aug. 29, 1949, Sec. 2(a)(2), made provision inapplicable to
    cotton.
      Subsec. (b)(10)(C). Act Aug. 29, 1949, Sec. 2(a)(2), added
    subpar. (C) which was also reenacted by act Oct. 31, 1949, Sec.
    415(c).
      Subsec. (b)(16)(A). Act Oct. 31, 1949, Sec. 415(d), struck out
    "cotton," after "corn,".
      Act Aug. 29, 1949, Sec. 2(a)(3), made provision inapplicable to
    cotton.
      Subsec. (b)(16)(C). Act Aug. 29, 1949, Sec. 2(a)(3), added
    subpar. (C) which was also reenacted by act Oct. 31, 1949, Sec.
    415(d).
      1948 - Subsec. (a). Act July 3, 1948, Sec. 201(a), struck out
    paragraphs (1) and (2) and inserted new paragraphs (1) and (2) to
    change the method of computing parity prices to give recognition to
    changes in relationships among the prices of agricultural
    commodities themselves which have occurred since the base period
    1910 to 1914, and redefined "parity".
      Subsec. (b)(3)(A). Act July 3, 1948, Sec. 201(b), redefined
    "carry-over" in the case of corn, rice, and peanuts.
      Subsec. (b)(3)(B). Act July 3, 1948, Sec. 201(c), redefined
    "carry-over" in the case of cotton.
      Subsec. (b)(10). Act July 3, 1948, Sec. 201(d), redefined "normal
    supply".
      Subsec. (b)(16). Act July 3, 1948, Sec. 201(e), redefined "total
    supply".
      1942 - Subsec. (b)(13)(B). Act July 9, 1942, Sec. 1(4), inserted
    "or peanuts" after "cotton" wherever appearing, and added a new
    sentence reading "For 1942, the normal yield for any county, in the
    case of peanuts, shall be the average yield per acre for peanuts
    for the county, adjusted for abnormal conditions, during the years
    1936-1940, inclusive, except that for any county in which the years
    1935-1939, inclusive, are equally as representative, such period
    may be used in determining the normal yields for counties in the
    State".
      Subsec. (b)(13)(E). Act July 9, 1942, Sec. 1(5), struck out "or"
    after "wheat" and before "cotton" wherever appearing, inserted "or
    peanuts" after "cotton" wherever appearing, and inserted after
    first sentence "For 1942, the normal yield for any farm, in the
    case of peanuts, shall be the average yield per acre of peanuts for
    the farm, adjusted for abnormal conditions, during the years 1936-
    1940, inclusive, except that for any county in which the years
    1935-1939, inclusive, are equally as representative, such period
    may be used in determining normal yields for farms in the county".
      1941 - Subsec. (b)(1)(B). Act April 3, 1941, Sec. 2, inserted "or
    peanuts" after "cotton".
      Subsec. (b)(6)(C). Act Apr. 3, 1941, Sec. 3, added subpar. (C).
      1940 - Subsec. (a)(1). Act Nov. 22, 1940, Sec. 3, inserted "and,
    in the case of Burley and flue-cured tobacco, shall be the period
    August 1934 to July 1939; except that the August 1919-July 1929
    base period shall be used in allocating any funds appropriated
    prior to September 1, 1940" after "July, 1929" in last sentence.
      Subsec. (b)(3)(C). Act June 13, 1940, inserted exception.
      Former subsec. (b)(6)(C), (D) were omitted in amendment to
    subsec. (b)(6) by act July 2, 1940.
      Subsec. (b)(13)(A). Act July 2, 1940, Sec. 4, among other changes
    inserted "or wheat" after "corn" wherever appearing and substituted
    "county" for "farm" wherever appearing.
      Subsec. (b)(13)(B). Act July 2, 1940, Sec. 5, among other
    changes, struck out "or wheat" before "cotton" and "and, in the
    case of wheat but not in the case of cotton, for trends in yields,
    during the ten calendar years in the case of wheat, and" after
    "weather conditions".
      Subsec. (b)(13)(E). Act Nov. 25, 1940, in first sentence
    substituted "in which such normal yield is determined" for "with
    respect to such normal yield is used in any computation authorized
    under this title".
      Subsec. (b)(15). Act Nov. 22, 1940, Secs. 1, 4, among other
    changes substituted "Fire-cured tobacco comprising types 21, 22,
    23, and 24; Dark air-cured tobacco comprising types 35 and 36" for
    "Fire-cured and dark air cured tobacco comprising types 21, 22, 23,
    24, 35, 36, and 37" and inserted proviso at end of last sentence.
      1938 - Subsec. (b)(13). Act Apr. 7, 1938, substituted "county"
    for "farm" in subpars. (A) and (B) and added subpar. (E).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-357 applicable to the 2005 and
    subsequent crops of tobacco, see section 643 of Pub. L. 108-357,
    set out as an Effective Date note under section 518 of this title.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Section 2 of Pub. L. 94-61 provided that: "The amendment made by
    the first section of this Act [amending this section] shall become
    effective June 1, 1975".

             EFFECTIVE AND TERMINATION DATES OF 1973 AMENDMENT         
      Section 405(b) of Pub. L. 91-524, as added by section 1(12) of
    Pub. L. 93-86, provided that the amendment made by that section is
    effective with respect to 1974 through 1977 crops.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Section 511(a) of Pub. L. 89-321 provided that the amendment made
    by that section is effective beginning with the crop planted for
    harvest in 1966.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Section 323 of Pub. L. 87-703 provided that: "The amendments to
    the Agricultural Adjustment Act of 1938, as amended, and to Public
    Law 74, Seventy-seventh Congress, as amended, made by sections 310
    through 322 of this Act [enacting sections 1334b and 1339 of this
    title, amending this section and sections 1331 to 1336, 1340, 1371
    and 1385 of this title, and repealing section 1337 of this title]
    shall be in effect only with respect to programs applicable to the
    crops planted for harvest in the calendar year 1964 or any
    subsequent year and the marketing years beginning in the calendar
    year 1964, or any subsequent year".

                     EFFECTIVE DATE OF 1949 AMENDMENT                 
      Section 415(a), (b) of act Oct. 31, 1949, provided that:
      "(a) Except as modified by this Act or by Public Law 272 [see
    Tables for classification], Eighty-first Congress, sections 201(b),
    201(d), 201(e), 203, 207(a), and 208 of the Agricultural Act of
    1948 [amending this section and sections 1312, 1322, and 1328 of
    this title] shall be effective for the purpose of taking any action
    with respect to the 1950 and subsequent crops upon the enactment of
    this Act [Oct. 31, 1949]. If the time within which any such action
    is required to be taken shall have elapsed prior to the enactment
    of this Act, such action shall be taken within thirty days after
    the enactment of the Act.
      "(b) No provision of the Agricultural Act of 1948 shall be deemed
    to supersede any provision of Public Law 272, Eighty-first
    Congress."

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Section 303 of act July 3, 1948, provided that: "Titles II and
    III of this Act [amending this section and sections 602, 608c,
    612c, 672, 1301a, 1302, 1312, 1322, 1328, 1333, 1335, 1336, 1343,
    1345, 1355, and 1385 of this title and repealing sections 608e and
    1322a of this title] shall take effect on January 1, 1950."

                             SAVINGS PROVISION                         
      Amendment by sections 611 to 614 of Pub. L. 108-357 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. 108-357, set out as a note under section 515 of this
    title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of all officers, agencies, and employees of Department
    of Agriculture transferred, with certain exceptions, to Secretary
    of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,
    1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section
    2201 of this title.
      Administration of program of Federal Crop Insurance Corporation
    transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
    Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out
    in the Appendix to Title 5, Government Organization and Employees.
      Functions of Bureau of Agricultural Economics transferred to
    other units of Department of Agriculture under Secretary's
    memorandum 1320, supp. 4, of Nov. 2, 1953.

-MISC2-
                           RULEMAKING PROCEDURES                       
      Section 1108(c) of Pub. L. 99-272 provided that: "The Secretary
    of Agriculture shall implement sections 1102 through 1109, and the
    amendments made by such sections [enacting sections 1314g, 1314h,
    and 1445-3 of this title, amending this section and sections 1312,
    1314c, 1314e, 1372, 1445, 1445-1, and 1445-2 of this title, and
    enacting provisions set out as notes under sections 1314c, 1314e,
    1314g, 1314h, 1372, 1445, 1445-1, and 1445-2 of this title],
    without regard to the provisions requiring notice and other
    procedures for public participation in rulemaking contained in
    section 553 of title 5, United States Code, or in any directive of
    the Secretary."

               STUDY OF METHODS OF IMPROVING PARITY FORMULA           
      Section 602 of act May 28, 1956, required the Secretary to make a
    thorough study of the possible methods of improving the parity
    formula and report thereon, with specific recommendations,
    including drafts of necessary legislation to carry out such
    recommendations, to Congress not later than Jan. 31, 1957.

-FOOTNOTE-
    (!1) So in original. Probably should be "consumed".

-End-

-CITE-
    7 USC Sec. 1301a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1301a. References to parity prices, etc., in other laws after
      January 1, 1950

-STATUTE-
      All references in other laws to - 
        (1) parity,
        (2) parity prices,
        (3) prices comparable to parity prices, or
        (4) prices to be determined in the same manner as provided by
      this chapter prior to January 1, 1950 for the determination of
      parity prices,

    with respect to prices for agricultural commodities and products
    thereof, shall after January 1, 1950 be deemed to refer to parity
    prices as determined in accordance with the provisions of section
    1301(a)(1) of this title.

-SOURCE-
    (July 3, 1948, ch. 827, title III, Sec. 302(f), 62 Stat. 1258.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Agricultural Act of 1948, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1950, see section 303 of act July 3,
    1948, set out as an Effective Date of 1948 Amendment note under
    section 1301 of this title.

-End-

-CITE-
    7 USC Sec. 1301b                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1301b. Repealed.

-MISC1-
    Sec. 1301b. Repealed. Pub. I. 85-835, title I, Sec. 108, Aug. 28,
      1958, 72 Stat. 993.
      Section, act Aug. 29, 1949, ch. 518, Sec. 3(a), 63 Stat. 676,
    prescribed standard cotton grade for parity and price support
    purposes.

                         EFFECTIVE DATE OF REPEAL                     
      Section 108 of Pub. L. 85-835 provided that the repeal of this
    section is effective with 1961 crop.

-End-

-CITE-
    7 USC Sec. 1302                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1302. Repealed.

-MISC1-
    Sec. 1302. Repealed. Oct. 31, 1949, ch. 792, title IV, Sec. 414, 63
      Stat. 1057.
      Section, acts Feb. 16, 1938, ch. 30, title III, Sec. 302, 52
    Stat. 43; June 21, 1938, ch. 554, title V, Sec. 502, 52 Stat. 820;
    July 3, 1948, ch. 827, title II, Sec. 202(a), 62 Stat. 1252,
    related to price support of agricultural commodities.

-End-

-CITE-
    7 USC Sec. 1303                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1303. Parity payments

-STATUTE-
      If and when appropriations are made therefor, the Secretary is
    authorized and directed to make payments to producers of corn,
    wheat, cotton, or rice, on their normal production of such
    commodities in amounts which, together with the proceeds thereof,
    will provide a return to such producers which is as nearly equal to
    parity price as the funds so made available will permit. All funds
    available for such payments with respect to these commodities shall
    unless otherwise provided by law, be apportioned to these
    commodities in proportion to the amount by which each fails to
    reach the parity income. Such payments shall be in addition to and
    not in substitution for any other payments authorized by law.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 303, 52 Stat. 45; Pub. L.
    108-357, title VI, Sec. 611(g), Oct. 22, 2004, 118 Stat. 1522.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-357 substituted "or rice," for "rice, or
    tobacco,".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-357 applicable to the 2005 and
    subsequent crops of tobacco, see section 643 of Pub. L. 108-357,
    set out as an Effective Date note under section 518 of this title.

                             SAVINGS PROVISION                         
      Amendment by sections 611 to 614 of Pub. L. 108-357 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. 108-357, set out as a note under section 515 of this
    title.

-End-

-CITE-
    7 USC Sec. 1304                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1304. Consumer safeguards

-STATUTE-
      The powers conferred under this chapter shall not be used to
    discourage the production of supplies of foods and fibers
    sufficient to maintain normal domestic human consumption as
    determined by the Secretary from the records of domestic human
    consumption in the years 1920 to 1929, inclusive, taking into
    consideration increased population quantities of any commodity that
    were forced into domestic consumption by decline in exports during
    such period, current trends in domestic consumption and exports of
    particular commodities, and the quantities of substitutes available
    for domestic consumption within any general class of food
    commodities. In carrying out the purposes of this chapter it shall
    be the duty of the Secretary to give due regard to the maintenance
    of a continuous and stable supply of agricultural commodities from
    domestic production adequate to meet consumer demand at prices fair
    to both producers and consumers.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 304, 52 Stat. 45.)

-End-

-CITE-
    7 USC Sec. 1305                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1305. Transfer of acreage allotments or feed grain bases on
      public lands upon request of State agencies

-STATUTE-
      Notwithstanding any other provision of law, the Secretary, upon
    the request of any agency of any State charged with the
    administration of the public lands of the State, may permit the
    transfer of acreage allotments or feed grain bases together with
    relevant production histories which have been determined pursuant
    to this chapter, or section 590p of title 16, from any farm
    composed of public lands to any other farm or farms in the same
    county composed of public lands: Provided, That as a condition for
    the transfer of any allotment or base an acreage equal to or
    greater than the allotment or base transferred prior to adjustment,
    if any, shall be devoted to and maintained in permanent vegetative
    cover on the farm from which the transfer is made. The Secretary
    shall prescribe regulations which he deems necessary for the
    administration of this section, which may provide for adjusting
    downward the size of the allotment or base transferred if the farm
    to which the allotment or base is transferred normally has a higher
    yield per acre for the commodity for which the allotment or base is
    determined, for reasonable limitations on the size of the resulting
    allotments and bases on farms to which transfers are made, taking
    into account the size of the allotments and bases on farms of
    similar size in the community, and for retransferring allotments or
    bases and relevant histories if the conditions of the transfers are
    not fulfilled.

-SOURCE-
    (Pub. L. 89-321, title VII, Sec. 706, Nov. 3, 1965, 79 Stat. 1210;
    Pub. L. 91-524, title IV, Sec. 405(a), formerly Sec. 405, title VI,
    Sec. 606, Nov. 30, 1970, 84 Stat. 1366, 1378, renumbered Sec.
    405(a) and amended Pub. L. 93-86, Sec. 1(12), Aug. 10, 1973, 87
    Stat. 229.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food and Agriculture Act of
    1965, and not as part of the Agricultural Adjustment Act of 1938
    which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1973 - Pub. L. 93-86 struck out provision that term "acreage
    allotments" as used in this section includes the domestic allotment
    for wheat.
      1970 - Pub. L. 91-524 temporarily inserted reference to the
    Agricultural Act of 1949, as amended, and provided that "acreage
    allotments" includes farm base acreage allotments for upland cotton
    and domestic allotment for wheat. See Effective and Termination
    Dates of 1970 Amendment note below.

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Section 1(12) of Pub. L. 93-86 provided that the amendment made
    by that section is effective with 1974 crop.

             EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT         
      Sections 405(a) and 606 of Pub. L. 91-524, as amended by section
    1(12), (22) of Pub. L. 93-86, provided that the amendments made by
    those sections are effective only with respect to 1971 through 1977
    crops.

-End-

-CITE-
    7 USC Sec. 1306                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1306. Projected yields; determination; base period

-STATUTE-
      Notwithstanding any other provision of law, in the determination
    of farm yields the Secretary may use projected yields in lieu of
    normal yields. In the determination of such yields the Secretary
    shall take into account the actual yield proved by the producer for
    the base period used in determining the projected yield, and the
    projected yield shall not be less than such actual yield proved by
    the producer.

-SOURCE-
    (Pub. L. 89-321, title VII, Sec. 708, Nov. 3, 1965, 79 Stat. 1211;
    Pub. L. 91-524, title IV, Sec. 405(b), as added Pub. L. 93-86, Sec.
    1(12), Aug. 10, 1973, 87 Stat. 229.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food and Agriculture Act of
    1965, and not as part of the Agricultural Adjustment Act of 1938
    which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1973 - Pub. L. 91-524, Sec. 405(b), as added by Pub. L. 93-86,
    temporarily inserted "(except that in the case of wheat, if the
    yield is abnormally low in any one of the calendar years of the
    base period because of drought, flood, or other natural disaster,
    the Secretary shall take into account the actual yield proved by
    the producer in the other four years of such base period)" after
    "determining the projected yield". See Effective and Termination
    Dates of 1973 Amendment note below.

             EFFECTIVE AND TERMINATION DATES OF 1973 AMENDMENT         
      Section 405(b) of Pub. L. 91-524, as added by section 1(12) of
    Pub. L. 93-86, provided that the amendment made by that section is
    effective with respect to 1974 through 1977 crops.

-End-

-CITE-
    7 USC Sec. 1307                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1307. Limitation on payments under wheat, feed grains, and
      cotton programs for 1974 through 1977 crops

-STATUTE-
      Notwithstanding any other provision of law - 
      (1) The total amount of payments which a person shall be entitled
    to receive under one or more of the annual programs established by
    titles IV, V, and VI of this Act for the 1974 through 1976 crops of
    the commodities and by titles IV and V of the Food and Agriculture
    Act of 1977 and titles IV, V, and VI of this Act for the 1977 crop
    of the commodities shall not exceed $20,000.
      (2) The term "payments" as used in this section shall not include
    loans or purchases, or any part of any payment which is determined
    by the Secretary to represent compensation for resource adjustment
    or public access for recreation.
      (3) If the Secretary determines that the total amount of payments
    which will be earned by any person under the program in effect for
    any crop will be reduced under this section, the set-aside acreage
    for the farm or farms on which such person will be sharing in
    payments earned under such program shall be reduced to such extent
    and in such manner as the Secretary determines will be fair and
    reasonable in relation to the amount of the payment reduction.
      (4) The Secretary shall issue regulations defining the term
    "person" and prescribing such rules as he determines necessary to
    assure a fair and reasonable application of such limitation:
    Provided, That the provisions of this Act which limit payments to
    any person shall not be applicable to lands owned by States,
    political subdivisions, or agencies thereof, so long as such lands
    are farmed primarily in the direct furtherance of a public
    function, as determined by the Secretary. The rules for determining
    whether corporations and their stockholders may be considered as
    separate persons shall be in accordance with the regulations issued
    by the Secretary on December 18, 1970.

-SOURCE-
    (Pub. L. 91-524, title I, Sec. 101, Nov. 30, 1970, 84 Stat. 1358;
    Pub. L. 93-86, Sec. 1(1), Aug. 10, 1973, 87 Stat. 221; Pub. L. 95-
    113, title I, Sec. 104, Sept. 29, 1977, 91 Stat. 919.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in pars. (1) and (4), is Pub. L. 91-524,
    Nov. 30, 1970, 84 Stat. 1358, as amended, known as the Agricultural
    Act of 1970. Title IV of that Act enacted section 1334a-1 of this
    title, amended sections 1301, 1305, 1306, 1378, 1379, 1379b, 1379c,
    1379d, 1379e, 1379g, 1385, 1427, 1428, and 1445a of this title, and
    enacted provisions set out as notes under sections 1301, 1305,
    1306, 1330 to 1334, 1335, 1336, 1338, 1339, and 1379c of this
    title. Title V of that Act amended section 1444b of this title and
    provisions set out as a note under section 1444b of this title.
    Title VI of that Act enacted sections 1342a, 1350a, and 2119 of
    this title, amended sections 1305, 1344b, 1350, 1374, 1378, 1379,
    1385, 1427, 1428, 1444, and 1444a of this title, and enacted
    provisions set out as notes under sections 1305, 1342, 1342a, 1343,
    1344, 1344b, 1345, 1346, 1377, 1378, 1379, 1385, 1427, 1428, 1444,
    and 1446d of this title. For complete classification of this Act to
    the Code, see Short Title of 1970 Amendment note set out under
    section 1281 of this title and Tables.
      The Food and Agriculture Act of 1977, referred to in par. (1), is
    Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913. Title IV of the Food
    and Agriculture Act of 1977 enacted section 1445b of this title,
    amended sections 1385, 1427, and 1428 of this title, and enacted
    provisions set out as notes under sections 1330, 1331, 1379d, 1385,
    1427, 1428, 1445a, and 1445b of this title. Title V of the Food and
    Agriculture Act of 1977 enacted section 1444c of this title and
    enacted provisions set out as notes under sections 1444b and 1444c
    of this title. For complete classification of this Act to the Code,
    see Short Title of 1977 Amendment note set out under 1281 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Agricultural Act of 1970, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1977 - Par. (1). Pub. L. 95-113 substituted "to receive under one
    or more of the annual programs established by titles IV, V, and VI
    of this Act for the 1974 through 1976 crops of the commodities and
    by titles IV and V of the Food and Agriculture Act of 1977 and
    titles IV, V, and VI of this Act for the 1977 crop" for "to receive
    under one or more of the annual programs established by titles IV,
    V, and VI of this Act for the 1974 through 1977 crops".
      1973 - Par. (1). Pub. L. 93-86 substituted "one or more of the
    annual programs established by titles IV, V, and VI of this Act for
    the 1974 through 1977 crops of the Commodities shall not exceed
    $20,000" for "each of the annual programs established by titles IV,
    V, and VI of this Act for the 1971, 1972, or 1973 crop of the
    commodity shall not exceed $55,000".
      Par. (2). Pub. L. 93-86 substituted "shall not include loans or
    purchases, or any part of any payment which is determined by the
    Secretary to represent compensation for resource adjustment or
    public access for recreation" for "includes price-support payments,
    set-aside payments, diversion payments, public access payments, and
    marketing certificates, but does not include loans or purchases".
      Par. (3). Pub. L. 93-86 reenacted par. (3) without change.
      Par. (4). Pub. L. 93-86 inserted provision that the rules for
    determining whether corporations and their stockholders may be
    considered as separate persons shall be in accordance with the
    regulations issued by the Secretary on December 18, 1970.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 1901 of Pub. L. 95-113 provided that: "Except as
    otherwise provided herein, the provisions of this Act [see Short
    Title of 1977 Amendment note set out under section 1281 of this
    title] shall become effective October 1, 1977."

    EXEMPTION OF DISASTER PAYMENT LIMITATIONS RESPECTING 1977 CROPS OF
                WHEAT, FEED GRAINS, UPLAND COTTON, AND RICE
      Pub. L. 95-156, Nov. 8, 1977, 91 Stat. 1264, provided: "That,
    notwithstanding any other provision of law, the term 'payments' as
    used in section 101 of the Agricultural Act of 1970, as amended
    [this section], and section 101(g)(13) of the Agricultural Act of
    1949, as amended [section 1441(g)(13) of this title], shall not
    include any part of any payment which is determined by the
    Secretary of Agriculture to represent compensation for disaster
    loss with respect to the 1977 crops of wheat, feed grains, upland
    cotton, and rice."

-End-

-CITE-
    7 USC Sec. 1308                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1308. Payment limitations

-STATUTE-
    (a) Definitions
      In this section:
      (1) Covered commodity
        The term "covered commodity" has the meaning given that term in
      section 1001 of the Farm Security and Rural Investment Act of
      2002 [7 U.S.C. 7901].
      (2) Loan commodity
        The term "loan commodity" has the meaning given that term in
      section 1001 of the Farm Security and Rural Investment Act of
      2002 [7 U.S.C. 7901], except that the term does not include wool,
      mohair, or honey.
      (3) Secretary
        The term "Secretary" means the Secretary of Agriculture.
    (b) Limitation on direct payments
      (1) Covered commodities
        The total amount of direct payments made to a person during any
      crop year under subtitle A of title I of the Farm Security and
      Rural Investment Act of 2002 [7 U.S.C. 7911 et seq.] for 1 or
      more covered commodities may not exceed $40,000.
      (2) Peanuts
        The total amount of direct payments made to a person during any
      crop year under subtitle C of title I of the Farm Security and
      Rural Investment Act of 2002 [7 U.S.C. 7951 et seq.] may not
      exceed $40,000.
    (c) Limitation on counter-cyclical payments
      (1) Covered commodities
        The total amount of counter-cyclical payments made to a person
      during any crop year under subtitle A of title I of the Farm
      Security and Rural Investment Act of 2002 [7 U.S.C. 7911 et seq.]
      for 1 or more covered commodities may not exceed $65,000.
      (2) Peanuts
        The total amount of counter-cyclical payments made to a person
      during any crop year under subtitle C of title I of the Farm
      Security and Rural Investment Act of 2002 [7 U.S.C. 7951 et seq.]
      may not exceed $65,000.
    (d) Limitation on marketing loan gains and loan deficiency payments
      (1) Loan commodities
        The total amount of the following gains and payments that a
      person may receive during any crop year may not exceed $75,000:
          (A) Any gain realized by a producer from repaying a marketing
        assistance loan for 1 or more loan commodities under subtitle B
        of title I of the Farm Security and Rural Investment Act of
        2002 [7 U.S.C. 7931 et seq.] at a lower level than the original
        loan rate established for the loan commodity under that
        subtitle.
          (B) Any loan deficiency payments received for 1 or more loan
        commodities under that subtitle.
      (2) Other commodities
        The total amount of the following gains and payments that a
      person may receive during any crop year may not exceed $75,000:
          (A) Any gain realized by a producer from repaying a marketing
        assistance loan for peanuts, wool, mohair, or honey under
        subtitle B or C of title I of the Farm Security and Rural
        Investment Act of 2002 [7 U.S.C. 7931 et seq., 7951 et seq.] at
        a lower level than the original loan rate established for the
        commodity under those subtitles.
          (B) Any loan deficiency payments received for peanuts, wool,
        mohair, and honey under those subtitles.
    (e) Definition of person
      (1) The Secretary shall issue regulations - 
        (A) defining the term "person"; and
        (B) prescribing such rules as the Secretary determines
      necessary to assure a fair and reasonable application of the
      limitation established under this section.

      (2)(A) For the purposes of the regulations issued under paragraph
    (1), subject to subparagraph (B), the term "person" means - 
        (i) an individual, including any individual participating in a
      farming operation as a partner in a general partnership, a
      participant in a joint venture, a grantor of a revocable trust,
      or a participant in a similar entity (as determined by the
      Secretary);
        (ii) a corporation, joint stock company, association, limited
      partnership, charitable organization, or other similar entity (as
      determined by the Secretary), including any such entity or
      organization participating in the farming operation as a partner
      in a general partnership, a participant in a joint venture, a
      grantor of a revocable trust, or as a participant in a similar
      entity (as determined by the Secretary); and
        (iii) a State, political subdivision, or agency thereof.

      (B)(i) Such regulations shall provide that the term "person" does
    not include any cooperative association of producers that markets
    commodities for producers with respect to the commodities so
    marketed for producers.
      (ii) In defining the term "person" as it will apply to
    irrevocable trusts and estates, the Secretary shall ensure that
    fair and equitable treatment is given to trusts and estates and the
    beneficiaries thereof.
      (iii) Notwithstanding any other provision of law, to be
    considered a separate person under this section, an irrevocable
    trust (other than a trust established prior to January 1, 1987)
    must not allow for modification or termination of the trust by the
    grantor, allow for the grantor to have any future, contingent, or
    remainder interest in the corpus of the trust, or provide for the
    transfer of the corpus of the trust to the remainder beneficiary in
    less than 20 years from the date the trust is established except in
    cases where the transfer is contingent on the remainder beneficiary
    achieving at least the age of majority or is contingent on the
    death of the grantor or income beneficiary.
      (C) The regulations shall provide that, with respect to any
    married couple, the husband and wife shall be considered to be one
    person, except that, for the purpose of the application of the
    limitations established under this section - 
        (i) in the case of any married couple consisting of spouses
      who, prior to their marriage, were separately engaged in
      unrelated farming operations, each spouse shall be treated as a
      separate person with respect to the farming operation brought
      into the marriage by the spouse so long as the operation remains
      as a separate farming operation; and
        (ii) at the option of the Secretary, in the case of any married
      couple consisting of spouses who do not hold, directly or
      indirectly, a substantial beneficial interest in more than one
      entity (including the spouses themselves) engaged in farm
      operations that also receives farm program payments (as described
      in subsections (b), (c), and (d) of this section) as separate
      persons, the spouses may be considered as separate persons if
      each spouse meets the other requirements established under this
      section and section 1308-1 of this title to be considered to be a
      separate person.

      (3) The regulations issued by the Secretary on December 18, 1970,
    under section 1307 of this title shall be used to establish the
    percentage ownership of a corporation by the stockholders of such
    corporation for the purpose of determining whether such corporation
    and stockholders are separate persons under this section.
      (4) Any person that conducts a farming operation to produce a
    crop subject to limitations under this section as a tenant that
    rents the land for cash (or a crop share guaranteed as to the
    amount of the commodity to be paid in rent) and that makes a
    significant contribution of active personal management but not of
    personal labor shall be ineligible to receive any payment specified
    in paragraph (1) or (2) or subtitle D of title XII [16 U.S.C. 3830
    et seq.] with respect to such land unless the tenant makes a
    significant contribution of equipment used in the farming
    operation.
      (5) The Secretary may not approve (for purposes of the
    application of the limitations under this section) any change in a
    farming operation that otherwise will increase the number of
    persons to which the limitations under this section are applied
    unless the Secretary determines that the change is bona fide and
    substantive. In the implementation of the preceding sentence, the
    addition of a family member to a farming operation under the
    criteria set out in section 1308-1(b)(1)(B) (!1) of this title
    shall be considered a bona fide and substantive change in the
    farming operation.

    (f) Public schools
      The provisions of this section that limit payments to any person
    shall not be applicable to land owned by a public school district
    or land owned by a State that is used to maintain a public school.
    (g) Time limits; reliance
      Regulations of the Secretary shall establish time limits for the
    various steps involved with notice, hearing, decision, and the
    appeals procedure in order to ensure expeditious handling and
    settlement of payment limitation disputes. Notwithstanding any
    other provision of law, actions taken by an individual or other
    entity in good faith on action or advice of an authorized
    representative of the Secretary may be accepted as meeting the
    requirement under this section or section 1308-1 of this title, to
    the extent the Secretary deems it desirable in order to provide
    fair and equitable treatment.

-SOURCE-
    (Pub. L. 99-198, title X, Sec. 1001, Dec. 23, 1985, 99 Stat. 1444;
    Pub. L. 99-500, Sec. 108(a), Oct. 18, 1986, 100 Stat. 1783-346, and
    Pub. L. 99-591, Sec. 108(a), Oct. 30, 1986, 100 Stat. 3341-346;
    Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 428; Pub. L. 100-
    203, title I, Secs. 1301(a)(1), (2), 1303, 1305(c), 1307, Dec. 22,
    1987, 101 Stat. 1330-12, 1330-16, 1330-18, 1330-19; Pub. L. 101-
    217, Secs. 1, 2, Dec. 11, 1989, 103 Stat. 1857; Pub. L. 101-624,
    title XI, Sec. 1111(a), (c), (e), Nov. 28, 1990, 104 Stat. 3497-
    3499; Pub. L. 102-237, title I, Sec. 118(b), Dec. 13, 1991, 105
    Stat. 1841; Pub. L. 103-66, title I, Sec. 1101(b)(3)(A), Aug. 10,
    1993, 107 Stat. 314; Pub. L. 104-127, title I, Sec. 115(b), Apr. 4,
    1996, 110 Stat. 902; Pub. L. 107-171, title I, Sec. 1603(a), (b),
    May 13, 2002, 116 Stat. 213, 214.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Farm Security and Rural Investment Act of 2002, referred to
    in subsecs. (b) to (d), is Pub. L. 107-171, May 13, 2002, 116 Stat.
    134. Subtitles A, B, and C of title I of the Act are classified
    generally to subchapters I (Sec. 7911 et seq.), II (Sec. 7931 et
    seq.), and III (Sec. 7951 et seq.), respectively, of chapter 106 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 7901 of this title and
    Tables.
      Subtitle D of title XII, referred to in subsec. (e)(4), means
    subtitle D of title XII of the Food Security Act of 1985, Pub. L.
    99-198, Dec. 23, 1985, 99 Stat. 1354, as amended, which is
    classified generally to subchapter IV (Sec. 3830 et seq.) of
    chapter 58 of Title 16, Conservation.
      Section 1308-1(b)(1) of this title, referred to in subsec.
    (e)(5), does not contain a subpar. (B).

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1308, Pub. L. 97-98, title XI, Sec. 1101, Dec.
    22, 1981, 95 Stat. 1263; Pub. L. 98-88, Sec. 6, Aug. 26, 1983, 97
    Stat. 499, related to programs for 1982 through 1985 crops.
      Another prior section 1308, Pub. L. 95-113, title I, Sec. 101,
    Sept. 29, 1977, 91 Stat. 917; Pub. L. 96-213, Sec. 5, Mar. 18,
    1980, 94 Stat. 120, related to programs for 1978 through 1981
    crops.

                                AMENDMENTS                            
      2002 - Pub. L. 107-171, Sec. 1603(a), substituted section
    catchline for former section catchline.
      Subsec. (a) to (d). Pub. L. 107-171, Sec. 1603(a), added subsecs.
    (a) to (d) and struck out former pars. (1) to (4) which related to
    limitation on payments under production flexibility contracts,
    limitation on marketing loan gains and loan deficiency payments,
    description of payments subject to limitation, and definitions,
    respectively.
      Subsec. (e). Pub. L. 107-171, Sec. 1603(b)(1), redesignated par.
    (5) as subsec. (e), inserted heading, further redesignated former
    subpars., cls., and subcls. as pars., subpars., and cls.,
    respectively, substituted "paragraph (1), subject to subparagraph
    (B)" for "subparagraph (A), subject to clause (ii)" in subsec.
    (e)(2)(A) and "as described in subsections (b), (c), and (d) of
    this section" for "as described in paragraphs (1) and (2)" in
    subsec. (e)(2)(C)(ii), and struck out second sentence of subsec.
    (e)(1) which read as follows: "Such regulations shall incorporate
    the provisions in subparagraphs (B) through (E) of this paragraph,
    paragraphs (6) and (7), and sections 1308-1 through 1308-3 of this
    title."
      Subsec. (f). Pub. L. 107-171, Sec. 1603(b)(2), redesignated par.
    (6) as subsec. (f) and inserted heading.
      Subsec. (g). Pub. L. 107-171, Sec. 1603(b)(3), redesignated par.
    (7) as subsec. (g) and inserted heading.
      1996 - Pars. (1) to (4). Pub. L. 104-127 added pars. (1) to (4)
    and struck out former pars. (1) to (4) which established
    limitations on payments under wheat, feed grains, upland cotton,
    extra long staple cotton, honey, and rice programs for 1987 through
    1997 crops.
      1993 - Pars. (1)(A), (B), (2)(A). Pub. L. 103-66 substituted
    "1997" for "1995".
      1991 - Par. (2)(B)(iv). Pub. L. 102-237 inserted "section" before
    "107B(c)(1)".
      1990 - Par. (1). Pub. L. 101-624, Sec. 1111(a)(1), designated
    existing provisions as subpar. (A), substituted "1995" for "1990",
    and added subpar. (B).
      Par. (2)(A). Pub. L. 101-624, Sec. 1111(a)(2), substituted "1991
    through 1995 crops" for "1987 through 1990 crops" and substituted
    "and" for "honey, and (with respect to clause (iii)(II) of
    subparagraph (B))" after "rice,".
      Par. (2)(B)(iii). Pub. L. 101-624, Sec. 1111(a)(3)(A), added cl.
    (iii) and struck out former cl. (iii) which read as follows:
    "(iii)(I) any gain realized by a producer from repaying a loan for
    a crop of wheat, feed grains, upland cotton, rice, or honey at the
    rate permitted under section 107D(a)(5), 105C(a)(4), 103A(a)(5),
    101A(a)(5), or 201(b)(2), respectively, of the Agricultural Act of
    1949 or (II) any gain realized by a producer from repaying a loan
    for a crop of any other commodity at a lower level than the
    original loan level established under the Agricultural Act of
    1949;"
      Par. (2)(B)(iv). Pub. L. 101-624, Sec. 1111(a)(3)(B), substituted
    "107B(c)(1) or 105B(c)(1)" for "section 107D(c)(1) or 105C(c)(1)",
    and "section 107B(a)(3) or 105B(a)(3)" for "section 107D(a)(4) or
    105C(a)(3)".
      Par. (2)(B)(v). Pub. L. 101-624, Sec. 1111(a)(3)(C), added cl.
    (v) and struck out former cl. (v) which read as follows: "(v) any
    loan deficiency payment received for a crop of wheat, feed grains,
    upland cotton, or rice under section 107D(b), 105C(b), 103A(b), or
    101A(b), respectively, of the Agricultural Act of 1949; and".
      Par. (2)(B)(vi). Pub. L. 101-624, Sec. 1111(a)(3)(D), substituted
    "section 107B(f), 105B(f), 103B(f), or 101B(f)" for "section
    107D(g), 105C(g), 103A(g), or 101A(g)".
      Par. (5)(B)(ii)(III). Pub. L. 101-624, Sec. 1111(e), added subcl.
    (III).
      Par. (5)(B)(iii). Pub. L. 101-624, Sec. 1111(c), amended cl.
    (iii) generally. Prior to amendment, cl. (iii) read as follows:
    "Such regulations shall provide that, with respect to any married
    couple, the husband and wife shall be considered to be one person,
    except that any married couple consisting of spouses who, prior to
    their marriage, were separately engaged in unrelated farming
    operations, each spouse shall be treated as a separate person with
    respect to the farming operation brought into the marriage by such
    spouse so long as such operation remains as a separate farming
    operation, for the purposes of the application of the limitations
    under this section."
      1989 - Par. (5)(D). Pub. L. 101-217, Sec. 2, amended subpar. (D)
    generally, striking out cl. (i) designation, substituting "Any" for
    "Except as provided in clause (ii), any" and "ineligible to receive
    any payment specified in paragraph (1) or (2) or subtitle D of
    title XII with respect to such land" for "considered the same
    person as the landlord", and struck out cls. (ii) and (iii) which
    read as follows:
      "(ii) A tenant that because of any act or failure to act would
    otherwise be considered the same person as the landlord under
    clause (i) shall not be considered the same person as the landlord
    if the Secretary has at any time made a determination, for purposes
    of this section, regarding the number of persons with respect to
    the tenant's operation on such land for the 1989 crop year and the
    landlord did not consent to or knowingly participate in such act or
    failure to act.
      "(iii) Any tenant that would be considered to be the same person
    as the landlord but for the operation of clause (ii) shall be
    eligible to receive any payment specified in paragraph (1) or (2)
    or subtitle D of title XII with respect to such land only to the
    extent that the tenant would be eligible for such payments if the
    tenant were to be considered the same person as the landlord under
    the regulations in place immediately prior to the enactment of this
    subparagraph."
      Pub. L. 101-217, Sec. 1, in temporarily amending subpar. (D)
    generally, designated existing provisions as cl. (i) and added cls.
    (ii) and (iii). See Effective and Termination Dates of 1989
    Amendment note below.
      1987 - Par. (1). Pub. L. 100-203, Sec. 1301(a)(1), substituted
    "Subject to sections 1308-1 through 1308-3 of this title, for each"
    for "For each".
      Par. (2)(A). Pub. L. 100-203, Sec. 1301(a)(2)(A), substituted
    "Subject to sections 1308-1 through 1308-3 of this title, for each"
    for "For each".
      Par. (2)(C). Pub. L. 100-203, Sec. 1307, struck out cl. (ii)
    designation, and struck out cl. (i) which read as follows: "The
    total amount of loans on a crop of honey that a person may have
    outstanding at any one time under the annual program established
    for such crop under the Agricultural Act of 1949 may not exceed
    $250,000 less the amount of payments, as described in paragraph (1)
    and subparagraphs (A) and (B) of this paragraph, received by such
    person for the crop year involved."
      Pub. L. 100-203, Sec. 1301(a)(2)(B), which directed substitution
    of "Subject to sections 1308-1 through 1308-3 of this title, the
    total" for "The total" could not be executed in view of amendments
    by Pub. L. 100-71 and section 1307 of Pub. L. 100-203.
      Pub. L. 100-71 designated existing provision as cl. (i) and added
    cl. (ii).
      Par. (5)(A). Pub. L. 100-203, Sec. 1303(a)(1), (2), inserted
    after first sentence "Such regulations shall incorporate the
    provisions in subparagraphs (B) through (E) of this paragraph,
    paragraphs (6) and (7), and sections 1308-1 through 1308-3 of this
    title" and struck out at end "Such regulations shall provide that
    the term 'person' does not include any cooperative association of
    producers that markets commodities for producers with respect to
    the commodities so marketed for producers."
      Par. (5)(B). Pub. L. 100-203, Sec. 1303(a)(2), (3), added subpar.
    (B) and redesignated former subpar. (B) as (C).
      Par. (5)(C). Pub. L. 100-203, Sec. 1303(a)(3), redesignated
    subpar. (B) as (C).
      Par. (5)(D), (E). Pub. L. 100-203, Sec. 1303(a)(4), added
    subpars. (D) and (E).
      Par. (6). Pub. L. 100-203, Sec. 1303(b), amended par. (6)
    generally. Prior to amendment, par. (6) read as follows: "The
    provisions of this section that limit payments to any person shall
    not be applicable to lands or animals owned by States, political
    subdivisions, or agencies thereof, so long as such lands are farmed
    or animals are husbanded primarily in the direct furtherance of a
    public function, as determined by the Secretary."
      Par. (7). Pub. L. 100-203, Sec. 1305(c), added par. (7).
      1986 - Par. (1). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    108(a)(1), in temporarily amending par. (1) generally, substituted
    provision limiting, for each of the 1987 through 1990 crops, the
    total amount of deficiency payments, excluding deficiency payments
    described in par. (2)(B)(I)(iv) and land diversion payments that
    any one person be entitled to as not to exceed $50,000 for
    provision limiting, for each of the 1986 through 1990 crops, the
    total amount of payments, excluding disaster payments, that any one
    person be entitled to as not to exceed $50,000. See Effective and
    Termination Dates of 1986 Amendment note below.
      Par. (2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 108(a)(1), in
    temporarily amending par. (2) generally, designated existing
    provision as subpar. (A), and in subpar. (A) as so designated,
    substituted provision limiting, for each of the 1987 through 1990
    crops, the total amount of payments set forth in subpar. (B) that
    any one person be entitled to as not to exceed $250,000 and
    inserting honey as an eligible crop for provision limiting, for
    each of the 1986 through 1990 crops, the total amount of disaster
    payments not any one person be entitled to as not to exceed
    $100,000, and added subpars. (B) and (C). See Effective and
    Termination Dates of 1986 Amendment note below.
      Par. (3). Pub. L. 99-500 and Pub. L. 99-591, Sec. 108(a)(1),
    temporarily substituted provision authorizing the Secretary, if he
    determines that a limitation will have an adverse effect on a
    program, to adjust upward such limitation as appropriate or
    necessary for provision specifying what is not included within the
    term "payments" as used in this section. See Effective and
    Termination Dates of 1986 Amendment note below.
      Par. (5)(A). Pub. L. 99-500 and Pub. L. 99-591, Sec. 108(a)(2),
    temporarily inserted provision that the term "person" not include
    any cooperative association of producers that markets commodities
    for producers with respect to the commodities so marketed for
    producers. See Effective and Termination Dates of 1986 Amendment
    note below.
      Par. (6). Pub. L. 99-500 and Pub. L. 99-591, Sec. 108(a)(3),
    temporarily substituted "lands or animals owned" for "lands owned"
    and inserted "or animals are husbanded". See Effective and
    Termination Dates of 1986 Amendment note below.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-624 effective beginning with 1991 crop
    of an agricultural commodity, with provision for prior crops, see
    section 1171 of Pub. L. 101-624, set out as a note under section
    1421 of this title.

             EFFECTIVE AND TERMINATION DATES OF 1989 AMENDMENT         
      Section 1 of Pub. L. 101-217 provided that the amendment made by
    that section is effective only for 1989 crops.
      Section 2 of Pub. L. 101-217, as amended by Pub. L. 101-624,
    title XI, Sec. 1111(i), Nov. 28, 1990, 104 Stat. 3500, provided
    that the amendment made by that section is effective beginning with
    1990 crops.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Sections 1301(a) and 1303 of Pub. L. 100-203 provided that the
    amendments made by sections 1301(a)(1), (2) and 1303 of Pub. L. 100-
    203 are effective beginning with 1989 crops.

             EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT         
      Section 108(a) of Pub. L. 99-500 and Pub. L. 99-591 provided that
    the amendment made by that section is effective with respect to
    each of 1987 through 1990 crops.
      Section 108(b) of Pub. L. 99-500 and Pub. L. 99-591 provided
    that: "The amendments made by subsection (a) [amending this
    section] shall not apply with respect to any payment or loan
    received under any agreement or contract made before the date of
    enactment of this Act [Oct. 18, 1986]."

                           TRANSITION PROVISIONS                       
      Pub. L. 107-171, title I, Sec. 1603(d), May 13, 2002, 116 Stat.
    215, provided that: "Section 1001 of the Food Security Act of 1985
    (7 U.S.C. 1308), as in effect on the day before the date of the
    enactment of this Act [May 13, 2002], shall continue to apply with
    respect to the 2001 crop of any covered commodity."

                             EQUITABLE RELIEF                         
      Section 3 of Pub. L. 101-217 provided that: "Nothing in this Act
    [amending this section and enacting provisions set out as notes
    under this section] shall be construed in any way to limit the
    authority of the Secretary of Agriculture to provide equitable
    relief under any provision of law."

                   PAYMENT PROVISIONS EDUCATION PROGRAM               
      Section 1304(a) of Pub. L. 100-203 provided that:
      "(1) In general. - The Secretary of Agriculture shall implement a
    payment provisions education program for appropriate personnel of
    the Department of Agriculture and members and other personnel of
    local, county, and State committees established under section 8(b)
    of the Soil Conservation and Domestic Allotment Act (16 U.S.C.
    590h(b)), for the purpose of fostering more effective and uniform
    application of the payment limitations and restrictions under
    sections 1001 through 1001C of the Food Security Act of 1985
    [sections 1808 to 1308-3 of this title].
      "(2) Training. - The education program shall provide training to
    such personnel in the fair, accurate, and uniform application to
    individual farming operations of the provisions of law and
    regulation relating to the payment provisions of sections 1001
    through 1001C of the Food Security Act of 1985. Particular emphasis
    shall be given to the changes in the law made by sections 1301,
    1302, and 1303 of this Act [enacting section 1308-1 of this title,
    amending this section, and enacting provisions set out as notes
    under this section and section 1308-1 of this title].
      "(3) Implementation. - The education program shall be fully
    implemented, and the training completed, not later than 30 days
    after the date final regulations are issued to carry out the
    amendments made by this subtitle [enacting sections 1308-1 to 1308-
    3 of this title and amending this section and section 1308-1 of
    this title].
      "(4) Commodity Credit Corporation. - The Secretary shall carry
    out the program provided under this subsection through the
    Commodity Credit Corporation."

        REGULATIONS TO CARRY OUT 1987 AMENDMENTS; TRANSITION RULES;
                           EQUITABLE ADJUSTMENTS
      Section 1305(a), (b) of Pub. L. 100-203 provided that:
      "(a) Regulations. - 
        "(1) Issuance. - The Secretary of Agriculture shall issue - 
          "(A) proposed regulations to carry out the amendments made by
        this subtitle [enacting sections 1308-1 to 1308-3 of this title
        and amending this section and section 1308-1 of this title] not
        later than April 1, 1988; and
          "(B) final regulations to carry out such amendments not later
        than August 1, 1988.
        "(2) Field instructions. - Any field instructions relating to,
      or other supplemental clarifications of, the regulations issued
      under sections 1001 through 1001C of the Food Security Act of
      1985 [sections 1308 to 1308-3 of this title] shall not be used in
      resolving issues involved in the application of the payment
      limitations or restrictions under such sections or regulations to
      individuals, other entities, or farming operations until copies
      of the publication are made available to the public.
      "(b) Allowance for Equitable Reorganizations. - To allow for the
    equitable reorganization of farming operations to conform to the
    limitations and restrictions contained in the amendments made to
    the Food Security Act of 1985 by this subtitle [enacting sections
    1308-1 to 1308-3 of this title and amending this section and
    section 1308-1 of this title] in cases in which the application of
    such limitations and restrictions will reduce payments to the
    farming operation (as determined by the Secretary), the Secretary
    may waive the application of the substantive change rule under
    section 1001(5)(E) [section 1308(5)(E) [now 1308(e)(5)] of this
    title], as added by section 1303 of this Act, or any regulation of
    the Secretary containing a comparable rule, to any reorganization
    applied for prior to the final date when producers are eligible to
    enter into contracts to participate in the commodity programs
    established for the 1989 crop year, to the extent the Secretary
    determines appropriate to facilitate any such equitable
    reorganizations that does not increase such payments."

                     CONSERVATION RESERVE APPLICATION                 
      Section 1305(d) of Pub. L. 100-203 provided that:
    "Notwithstanding section 1234(f)(2) of the Food Security Act of
    1985 (16 U.S.C. 3834(f)), paragraphs (5) through (7) of section
    1001 [section 1308(5)-(7) [now 1308(e)-(g)] of this title], as
    amended by this subtitle, and sections 1001A through 1001C, of the
    Food Security Act of 1985 [sections 1308-1 to 1308-3 of this title]
    shall apply to the conservation reserve program under subtitle D of
    title XII of such Act (16 U.S.C. 3830 et seq.) with respect to
    rental payments to persons under contracts entered into after the
    date of the enactment of this Act [Dec. 22, 1987], except with
    respect to landlords that receive cash rent, or a crop share
    guaranteed as to the amount of the commodity to be paid in rent,
    for the use of the land."

                          REVISION OF REGULATIONS                      
      Section 108(c) of Pub. L. 99-500 and Pub. L. 99-591 provided
    that:
      "(1)(A) The Secretary of Agriculture shall review the regulations
    in effect on the date of enactment of this Act [Oct. 18, 1986] that
    define 'person' under section 1001 of the Food Security Act of 1985
    [this section] and related regulations in effect on such date
    otherwise affecting the payment limitations under such section, to
    determine ways in which such regulations can be revised to better
    ensure the fair and reasonable application of limitations and
    eliminate fraud and abuse in the application of such payment
    limitations.
      "(B) The Secretary also shall review the amendments to section
    1001 of the Food Security Act of 1985 made by this section.
      "(2) Based on the reviews conducted under paragraph (1), the
    Secretary of Agriculture shall submit to the Committee on
    Agriculture, Nutrition, and Forestry of the Senate and the
    Committee on Agriculture of the House of Representatives, not later
    than March 1, 1987, a report on such reviews and - 
        "(A) with respect to the matters reviewed under paragraph
      (1)(A), proposed regulations or amendments to regulations, to
      take effect not earlier than October 1, 1987, that will meet the
      object with respect to limitations specified in paragraph (1)(A);
      and
        "(B) with respect to the matters reviewed under paragraph
      (1)(B), recommendations on legislative changes to section 1001 of
      the Food Security Act of 1985 that the Secretary determines are
      necessary or appropriate."

                SEPARATE PERSON STATUS AMONG FAMILY MEMBERS            
      Pub. L. 99-198 (last sentence), as added by Pub. L. 99-500, Sec.
    101(a) [title VI, Sec. 636], Oct. 18, 1986, 100 Stat. 1783, 1783-
    34, and Pub. L. 99-591, Sec. 101(a) [title VI, Sec. 636], Oct. 30,
    1986, 100 Stat. 3341, 3341-34, provided that: "Effective for each
    of the 1987 through 1990 crops, the Secretary may not deny a person
    status as a separate person solely on the ground that a family
    member cosigns for, or makes a loan to, such person and leases,
    loans, or gives such person equipment, land or labor, if such
    family members were organized as separate units prior to December
    31, 1985."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    7 USC Sec. 1308-1                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1308-1. Prevention of creation of entities to qualify as
      separate persons; payments limited to active farmers

-STATUTE-
    (a) Prevention of creation of entities to qualify as separate
      persons
      For the purposes of preventing the use of multiple legal entities
    to avoid the effective application of the payment limitations under
    section 1308 of this title:
      (1) In general
        A person (as defined in section 1308(e)(2)(A) of this title)
      that receives farm program payments (as described in paragraphs
      (1) and (2) of this section as being subject to limitation) for a
      crop year may not also hold, directly or indirectly, substantial
      beneficial interests in more than two entities (as defined in
      section 1308(e)(2)(A)(ii) of this title) engaged in farm
      operations that also receive such payments as separate persons,
      for the purposes of the application of the limitations under
      section 1308 of this title. A person that does not receive such
      payments for a crop year may not hold, directly or indirectly,
      substantial beneficial interests in more than three entities that
      receive such payments as separate persons, for the purposes of
      the application of the limitations under section 1308 of this
      title.
      (2) Minimal beneficial interests
        For the purpose of this subsection, a beneficial interest in
      any entity that is less than 10 percent of all beneficial
      interests in such entity combined shall not be considered a
      substantial beneficial interest, unless the Secretary determines,
      on a case-by-case basis, that a smaller percentage should apply
      to one or more beneficial interests to ensure that the purpose of
      this subsection is achieved.
      (3) Notification by entities
        To facilitate administration of this subsection, each entity
      receiving such payments as a separate person shall notify each
      individual or other entity that acquires or holds a substantial
      beneficial interest in it of the requirements and limitations
      under this subsection. Each such entity receiving payments shall
      provide to the Secretary of Agriculture, at such times and in
      such manner as prescribed by the Secretary, the name and social
      security number of each individual, or the name and taxpayer
      identification number of each entity, that holds or acquires a
      substantial beneficial interest.
      (4) Notification of interest
        (A) In general
          If a person is notified that the person holds substantial
        beneficial interests in more than the number of entities
        receiving payments that is permitted under this subsection for
        the purposes of the application of the limitations under
        section 1308 of this title, the person immediately shall notify
        the Secretary, designating those entities that should be
        considered as permitted entities for the person for purposes of
        applying the limitations. Each remaining entity in which the
        person holds a substantial beneficial interest shall be subject
        to reductions in the payments to the entity subject to
        limitation under section 1308 of this title in accordance with
        this subparagraph. Each such payment applicable to the entity
        shall be reduced by an amount that bears the same relation to
        the full payment that the person's beneficial interest in the
        entity bears to all beneficial interests in the entity
        combined. Before making such reductions, the Secretary shall
        notify all individuals or entities affected thereby and permit
        them to adjust among themselves their interests in the
        designated entity or entities.
        (B) Notice not provided
          If the person does not so notify the Secretary, all entities
        in which the person holds substantial beneficial interests
        shall be subject to reductions in the per person limitations
        under section 1308 of this title in the manner described in
        subparagraph (A). Before making such reductions, the Secretary
        shall notify all individuals or entities affected thereby and
        permit them to adjust among themselves their interests in the
        designated entity or entities.
    (b) Payments limited to active farmers
      (1) In general
        To be separately eligible for farm program payments (as
      described in paragraphs (1) and (2) (!1) of section 1308 of this
      title as being subject to limitation) with respect to a
      particular farming operation (whether in the person's own right
      or as a partner in a general partnership, a grantor of a
      revocable trust, a participant in a joint venture, or a
      participant in a similar entity (as determined by the Secretary)
      that is the producer of the crops involved), a person must be an
      individual or entity described in section 1308(e)(2)(A) of this
      title and actively engaged in farming with respect to such
      operation, as provided under paragraphs (2), (3), and (4).

      (2) General classes actively engaged in farming
        For the purposes of paragraph (1), except as otherwise provided
      in paragraph (3):
        (A) Individuals
          An individual shall be considered to be actively engaged in
        farming with respect to a farm operation if - 
            (i) the individual makes a significant contribution (based
          on the total value of the farming operation) of - 
              (I) capital, equipment, or land; and
              (II) personal labor or active personal management;

          to the farming operation; and
            (ii) the individual's share of the profits or losses from
          the farming operation is commensurate with the individual's
          contributions to the operation; and
            (iii) the individual's contributions are at risk.
        (B) Corporations or other entities
          A corporation or other entity described in section
        1308(e)(2)(A)(ii) of this title shall be considered as actively
        engaged in farming with respect to a farming operation if - 
            (i) the entity separately makes a significant contribution
          (based on the total value of the farming operation) of
          capital, equipment, or land;
            (ii) the stockholders or members collectively make a
          significant contribution of personal labor or active personal
          management to the operation; and
            (iii) the standards provided in clauses (ii) and (iii) of
          paragraph (A), as applied to the entity, are met by the
          entity.
        (C) Entities making significant contributions
          If a general partnership, joint venture, or similar entity
        (as determined by the Secretary) separately makes a significant
        contribution (based on the total value of the farming operation
        involved) of capital, equipment, or land, and the standards
        provided in clauses (ii) and (iii) of paragraph (A), as applied
        to the entity, are met by the entity, the partners or members
        making a significant contribution of personal labor or active
        personal management shall be considered to be actively engaged
        in farming with respect to the farming operation involved.
        (D) Equipment and personal labor
          In making determinations under this subsection regarding
        equipment and personal labor, the Secretary shall take into
        consideration the equipment and personal labor normally and
        customarily provided by farm operators in the area involved to
        produce program crops.
      (3) Special classes actively engaged in farming
        Notwithstanding paragraph (2), the following persons shall be
      considered to be actively engaged in farming with respect to a
      farm operation:
        (A) Landowners
          A person that is a landowner contributing the owned land to
        the farming operation if the landowner receives rent or income
        for such use of the land based on the land's production or the
        operation's operating results, and the person meets the
        standard provided in clauses (ii) and (iii) of paragraph
        (2)(A).
        (B) Family members
          With respect to a farming operation conducted by persons, a
        majority of whom are individuals who are family members, an
        adult family member who makes a significant contribution (based
        on the total value of the farming operation) of active personal
        management or personal labor and, with respect to such
        contribution, who meets the standards provided in clauses (ii)
        and (iii) of paragraph (2)(A). For the purposes of the
        preceding sentence, the term "family member" means an
        individual to whom another family member in the farming
        operation is related as lineal ancestor, lineal descendant, or
        sibling (including the spouses of those family members who do
        not make a significant contribution themselves).
        (C) Sharecroppers
          A sharecropper who makes a significant contribution of
        personal labor to the farming operation and, with respect to
        such contribution, who meets the standards provided in clauses
        (ii) and (iii) of paragraph (2)(A).
      (4) Persons not actively engaged in farming
        For the purposes of paragraph (1), except as provided in
      paragraph (3), the following persons shall not be considered to
      be actively engaged in farming with respect to a farm operation:
        (A) Landlords
          A landlord contributing land to the farming operation if the
        landlord receives cash rent, or a crop share guaranteed as to
        the amount of the commodity to be paid in rent, for such use of
        the land.
        (B) Other persons
          Any other person, or class of persons, determined by the
        Secretary as failing to meet the standards set out in
        paragraphs (2) and (3).
      (5) Custom farming services
        A person receiving custom farming services will be considered
      separately eligible for payment limitation purposes if such
      person is actively engaged in farming based on paragraphs (1)
      through (3). No other rules with respect to custom farming shall
      apply.
      (6) Growers of hybrid seed
        To determine whether a person growing hybrid seed under
      contract shall be considered to be actively engaged in farming,
      the Secretary shall not take into consideration the existence of
      a hybrid seed contract.

-SOURCE-
    (Pub. L. 99-198, title X, Sec. 1001A, as added and amended Pub. L.
    100-203, title I, Secs. 1301(a)(3), 1302, Dec. 22, 1987, 101 Stat.
    1330-12, 1330-14; Pub. L. 101-624, title XI, Sec. 1111(d), (f),
    Nov. 28, 1990, 104 Stat. 3498, 3499; Pub. L. 102-237, title I, Sec.
    118(c), Dec. 13, 1991, 105 Stat. 1841; Pub. L. 104-127, title I,
    Sec. 115(c)(1), Apr. 4, 1996, 110 Stat. 903; Pub. L. 107-171, title
    I, Sec. 1603(c)(1), May 13, 2002, 116 Stat. 215.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Paragraphs (1) and (2) of section 1308 of this title, referred to
    in subsec. (b)(1), were repealed by Pub. L. 107-171, title I, Sec.
    1603(a), May 13, 2002, 116 Stat. 213.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1). Pub. L. 107-171, Sec. 1603(c)(1),
    substituted "section 1308(e)(2)(A) of this title" for "section
    1308(5)(B)(i) of this title" and "section 1308(e)(2)(A)(ii) of this
    title" for "section 1308(5)(B)(i)(II) of this title".
      Subsec. (b)(1). Pub. L. 107-171, Sec. 1603(c)(1)(B), substituted
    "section 1308(e)(2)(A) of this title" for "section 1308(5)(B)(i) of
    this title".
      Subsec. (b)(2)(B). Pub. L. 107-171, Sec. 1603(c)(1)(A),
    substituted "section 1308(e)(2)(A)(ii) of this title" for "section
    1308(5)(B)(i)(II) of this title".
      1996 - Subsec. (a)(1). Pub. L. 104-127, Sec. 115(c)(1)(A), struck
    out "under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)"
    before "may not also hold".
      Subsec. (b)(1). Pub. L. 104-127, Sec. 115(c)(1)(B), struck out
    "under the Agricultural Act of 1949" before "with respect to a
    particular".
      1991 - Subsec. (a)(2). Pub. L. 102-237 struck out "0 to" after
    "less than".
      1990 - Subsec. (a)(2). Pub. L. 101-624, Sec. 1111(f), substituted
    "0 to 10 percent" for "10 percent".
      Subsec. (b)(6). Pub. L. 101-624, Sec. 1111(d), added par. (6).
      1987 - Subsec. (b). Pub. L. 100-203, Sec. 1302, added subsec.
    (b).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-624 effective beginning with 1991 crop
    of an agricultural commodity, with provision for prior crops, see
    section 1171 of Pub. L. 101-624, set out as a note under section
    1421 of this title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 1302 of Pub. L. 100-203 provided that the amendment made
    by that section is effective beginning with 1989 crops.

                              EFFECTIVE DATE                          
      Section 1301(a) of Pub. L. 100-203 provided that this section is
    effective beginning with 1989 crops.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    7 USC Sec. 1308-2                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1308-2. Schemes or devices

-STATUTE-
      If the Secretary of Agriculture determines that any person has
    adopted a scheme or device to evade, or that has the purpose of
    evading, section 1308, 1308-1, or 1308-3 of this title, such person
    shall be ineligible to receive farm program payments (as described
    in subsections (b), (c), and (d) of section 1308 of this title as
    being subject to limitation) applicable to the crop year for which
    such scheme or device was adopted and the succeeding crop year.

-SOURCE-
    (Pub. L. 99-198, title X, Sec. 1001B, as added Pub. L. 100-203,
    title I, Sec. 1304(b), Dec. 22, 1987, 101 Stat. 1330-17; Pub. L.
    107-171, title I, Sec. 1603(c)(2), May 13, 2002, 116 Stat. 215.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-171 substituted "as described in subsections
    (b), (c), and (d) of section 1308 of this title" for "as described
    in paragraphs (1) and (2) of section 1308 of this title".

                              EFFECTIVE DATE                          
      Section 1304(b) of Pub. L. 100-203 provided that this section is
    effective beginning with the 1989 crops.

-End-

-CITE-
    7 USC Sec. 1308-3                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1308-3. Foreign persons made ineligible for program benefits

-STATUTE-
      Notwithstanding any other provision of law:
    (a) In general
      Any person who is not a citizen of the United States or an alien
    lawfully admitted into the United States for permanent residence
    under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
    shall be ineligible to receive any type of loans or payments made
    available under title I of the Farm Security and Rural Investment
    Act of 2002 [7 U.S.C. 7901 et seq.], the Agricultural Market
    Transition Act [7 U.S.C. 7201 et seq.], the Commodity Credit
    Corporation Charter Act (15 U.S.C. 714 et seq.), or subtitle D of
    title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et
    seq.), or under any contract entered into under title XII [16
    U.S.C. 3801 et seq.], with respect to any commodity produced, or
    land set aside from production, on a farm that is owned or operated
    by such person, unless such person is an individual who is
    providing land, capital, and a substantial amount of personal labor
    in the production of crops on such farm.
    (b) Corporations or other entities
      For purposes of subsection (a) of this section, a corporation or
    other entity shall be considered a person that is ineligible for
    production adjustment payments, price support program loans,
    payments, or benefits if more than 10 percent of the beneficial
    ownership of the entity is held by persons who are not citizens of
    the United States or aliens lawfully admitted into the United
    States for permanent residence under the Immigration and
    Nationality Act [8 U.S.C. 1101 et seq.], unless such persons
    provide a substantial amount of personal labor in the production of
    crops on such farm. Notwithstanding the foregoing provisions of
    this subsection, with respect to an entity that is determined to be
    ineligible to receive such payments, loans, or other benefits, the
    Secretary may make payments, loans, and other benefits in an amount
    determined by the Secretary to be representative of the percentage
    interests of the entity that is owned by citizens of the United
    States and aliens lawfully admitted into the United States for
    permanent residence under the Immigration and Nationality Act.
    (c) Prospective application
      No person shall become ineligible under this section for
    production adjustment payments, price support program loans,
    payments or benefits as the result of the production of a crop of
    an agricultural commodity planted, or commodity program or
    conservation reserve contract entered into, before December 22,
    1987.

-SOURCE-
    (Pub. L. 99-198, title X, Sec. 1001C, as added Pub. L. 100-203,
    title I, Sec. 1306, Dec. 22, 1987, 101 Stat. 1330-19; amended Pub.
    L. 101-624, title XI, Sec. 1111(b), Nov. 28, 1990, 104 Stat. 3498;
    Pub. L. 103-66, title I, Sec. 1101(b)(3)(B), Aug. 10, 1993, 107
    Stat. 314; Pub. L. 104-127, title I, Sec. 115(c)(2), Apr. 4, 1996,
    110 Stat. 903; Pub. L. 107-171, title I, Sec. 1603(c)(3), May 13,
    2002, 116 Stat. 215.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsecs. (a)
    and (b), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
    which is classified principally to chapter 12 (Sec. 1101 et seq.)
    of Title 8, Aliens and Nationality. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1101 of Title 8 and Tables.
      The Farm Security and Rural Investment Act of 2002, referred to
    in subsec. (a), is Pub. L. 107-171, May 13, 2002, 116 Stat. 134.
    Title I of the Act is classified principally to chapter 106 (Sec.
    7901 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 7901 of
    this title and Tables.
      The Agricultural Market Transition Act, referred to in subsec.
    (a), is title I of Pub. L. 104-127, Apr. 4, 1996, 110 Stat. 896,
    which is classified principally to chapter 100 (Sec. 7201 et seq.)
    of this title. For complete classification of this Act to the Code,
    see References in Text note set out under section 7201 of this
    title and Tables.
      The Commodity Credit Corporation Charter Act, referred to in
    subsec. (a), is act June 29, 1948, ch. 704, 62 Stat. 1070, as
    amended, which is classified generally to subchapter II (Sec. 714
    et seq.) of chapter 15 of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 714 of Title 15 and Tables.
      The Food Security Act of 1985, referred to in subsec. (a), is
    Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Title XII
    of the Act, popularly known as the "Sodbuster Law", is classified
    principally to chapter 58 (Sec. 3801 et seq.) of Title 16,
    Conservation. Subtitle D of title XII of the Act is classified
    generally to subchapter IV (Sec. 3830 et seq.) of chapter 58 of
    Title 16. For complete classification of this Act to the Code, see
    Short Title of 1985 Amendment note set out under section 1281 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-171 inserted "title I of the Farm
    Security and Rural Investment Act of 2002," after "made available
    under".
      1996 - Subsec. (a). Pub. L. 104-127 substituted "Any person" for
    "For each of the 1991 through 1997 crops, any person", substituted
    "loans or payments made available under the Agricultural Market
    Transition Act," for "production adjustment payments, price support
    program loans, payments, or benefits made available under the
    Agricultural Act of 1949 (7 U.S.C. 1421 et seq.),", and struck out
    "during the 1989 through 1997 crop years" before ", with respect to
    any commodity produced".
      1993 - Subsec. (a). Pub. L. 103-66 substituted "1997" for "1995"
    in two places.
      1990 - Subsec. (a). Pub. L. 101-624 substituted "1991 through
    1995 crops" for "1989 and 1990 crops" and inserted ", or under any
    contract entered into under title XII during the 1989 through 1995
    crop years," after "(16 U.S.C. 3831 et seq.)".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-624 effective beginning with 1991 crop
    of an agricultural commodity, with provision for prior crops, see
    section 1171 of Pub. L. 101-624, set out as a note under section
    1421 of this title.

                              EFFECTIVE DATE                          
      Section 1306 of Pub. L. 100-203 provided that this section is
    effective beginning with 1989 crops.

-End-

-CITE-
    7 USC Sec. 1308-3a                                          01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1308-3a. Adjusted gross income limitation

-STATUTE-
    (a) Definition of average adjusted gross income
      (1) In general
        In this section, the term "average adjusted gross income", with
      respect to an individual or entity (for purposes of this section,
      as defined in section 1308(e)(2)(A)(ii) of this title), means the
      3-year average of the adjusted gross income or comparable measure
      of the individual or entity over the 3 preceding tax years, as
      determined by the Secretary.
      (2) Special rules for certain individuals and entities
        In the case of an entity that is not required to file a Federal
      income tax return or an individual or entity that did not have
      taxable income in 1 or more of the tax years used to determine
      the average under paragraph (1), the Secretary shall provide, by
      regulation, a method for determining the average adjusted gross
      income of the individual or entity for purposes of this section.
    (b) Limitation
      (1) In general
        Notwithstanding any other provision of law, an individual or
      entity shall not be eligible to receive any benefit described in
      paragraph (2) during a crop year if the average adjusted gross
      income of the individual or entity exceeds $2,500,000, unless not
      less than 75 percent of the average adjusted gross income of the
      individual or entity is derived from farming, ranching, or
      forestry operations, as determined by the Secretary.
      (2) Covered benefits
        Paragraph (1) applies with respect to the following:
          (A) A direct payment or counter-cyclical payment under
        subtitle A or C of title I of the Farm Security and Rural
        Investment Act of 2002 [7 U.S.C. 7911 et seq., 7951 et seq.].
          (B) A marketing loan gain or payment described in section
        1308(d) of this title.
          (C) A payment under any program under title XII of this Act
        [16 U.S.C. 3801 et seq.] or title II of the Farm Security and
        Rural Investment Act of 2002.
    (c) Certification
      To comply with the limitation under subsection (b) of this
    section, an individual or entity shall provide to the Secretary - 
        (1) a certification by a certified public accountant or another
      third party that is acceptable to the Secretary that the average
      adjusted gross income of the individual or entity does not exceed
      the limitation specified in that subsection; or
        (2) information and documentation regarding the adjusted gross
      income of the individual or entity through other procedures
      established by the Secretary.
    (d) Commensurate reduction
      In the case of a benefit described in subsection (b)(2) of this
    section made in a crop year to an entity, general partnership, or
    joint venture, the amount of the benefit shall be reduced by an
    amount that is commensurate with the direct and indirect ownership
    interest in the entity, general partnership, or joint venture of
    each individual who has an average adjusted gross income in excess
    of the limitation specified in subsection (b) of this section for
    the average of the 3 preceding crop years.
    (e) Effective period
      This section shall apply only during the 2003 through 2007 crop
    years.

-SOURCE-
    (Pub. L. 99-198, title X, Sec. 1001D, as added Pub. L. 107-171,
    title I, Sec. 1604(2), May 13, 2002, 116 Stat. 215.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Farm Security and Rural Investment Act of 2002, referred to
    in subsecs. (b)(2)(A), (C), is Pub. L. 107-171, May 13, 2002, 116
    Stat. 134. Subtitles A and C of title I of the Act are classified
    generally to subchapters I (Sec. 7911 et seq.) and III (Sec. 7951
    et seq.), respectively, of chapter 106 of this title. Title II of
    the Act made numerous amendments to Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7901 of this title and Tables.
      The Food Security Act of 1985, referred to in subsec. (b)(2)(C),
    is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Title
    XII of the Act, popularly known as the "Sodbuster Law", is
    classified principally to chapter 58 (Sec. 3801 et seq.) of Title
    16, Conservation. For complete classification of this Act to the
    Code, see Short Title of 1985 Amendment note set out under section
    1281 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1001D of Pub. L. 99-198 was renumbered section
    1001E and is classified to section 1308-4 of this title.

-End-

-CITE-
    7 USC Sec. 1308-4                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1308-4. Education program

-STATUTE-
    (a) In general
      The Secretary shall carry out a payment provisions education
    program for appropriate personnel of the Department of Agriculture
    and members and other personnel of county and State committees
    established under section 590h(b) of title 16, for the purpose of
    fostering more effective and uniform application of the payment
    limitations and restrictions established under sections 1308
    through 1308-3 of this title.
    (b) Training
      The education program shall provide training to the personnel in
    the fair, accurate, and uniform application to individual farming
    operations of the provisions of law and regulation relating to the
    payment provisions of sections 1308 through 1308-3 of this title.
    (c) Administration
      The State office of the Agricultural Stabilization and
    Conservation Service shall make the initial determination
    concerning the application of payment limitations and restrictions
    established under sections 1308 through 1308-3 of this title to
    farm operations consisting of more than 5 persons, subject to
    review by the Secretary.
    (d) Commodity Credit Corporation
      The Secretary shall carry out the program provided under this
    section through the Commodity Credit Corporation.

-SOURCE-
    (Pub. L. 99-198, title X, Sec. 1001E, formerly Sec. 1001D, as added
    Pub. L. 101-624, title XI, Sec. 1111(g), Nov. 28, 1990, 104 Stat.
    3499; renumbered Sec. 1001E, Pub. L. 107-171, title I, Sec.
    1604(1), May 13, 2002, 116 Stat. 215.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1001E of Pub. L. 99-198 was renumbered section
    1001F and is classified to section 1308-5 of this title.

                              EFFECTIVE DATE                          
      Section effective beginning with 1991 crop of an agricultural
    commodity, with provision for prior crops, see section 1171 of Pub.
    L. 101-624, set out as an Effective Date of 1990 Amendment note
    under section 1421 of this title.

-End-

-CITE-
    7 USC Sec. 1308-5                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1308-5. Treatment of multiyear program contract payments

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law, in the event of a
    transfer of ownership of land (or an ownership interest in land) by
    way of devise or descent, the Secretary of Agriculture may, if the
    new owner succeeds to the prior owner's contract entered into under
    title XII,(!1) make payments to the new owner under such contract
    without regard to the amount of payments received by the new owner
    under any contract entered into under title XII (!1) executed prior
    to such devise or descent.

    (b) Limitation
      Payments made pursuant to this section shall not exceed the
    amount to which the previous owner was entitled to receive under
    the terms of the contract at the time of the death of the prior
    owner.

-SOURCE-
    (Pub. L. 99-198, title X, Sec. 1001F, formerly Sec. 1001E, as added
    Pub. L. 101-624, title XI, Sec. 1111(h), Nov. 28, 1990, 104 Stat.
    3499; renumbered Sec. 1001F, Pub. L. 107-171, title I, Sec.
    1604(1), May 13, 2002, 116 Stat. 215.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title XII, referred to in subsec. (a), is title XII of the Food
    Security Act of 1985, Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1504,
    as amended, popularly known as the "Sodbuster Law", which is
    classified principally to chapter 58 (Sec. 3801 et seq.) of Title
    16, Conservation. For complete classification of title XII to the
    Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective beginning with 1991 crop of an agricultural
    commodity, with provision for prior crops, see section 1171 of Pub.
    L. 101-624, set out as an Effective Date of 1990 Amendment note
    under section 1421 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    7 USC Sec. 1308a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1308a. Cost reduction options

-STATUTE-
    (a) Authority of Secretary to take action
      Notwithstanding any other provision of law, whenever the
    Secretary of Agriculture determines that an action authorized under
    subsection (c), (d), or (e) of this section will reduce the total
    of the direct and indirect costs to the Federal Government of a
    commodity program administered by the Secretary without adversely
    affecting income to small- and medium-sized producers participating
    in such program, the Secretary shall take such action with respect
    to the commodity program involved.
    (b) Reservation of Secretary's right to reopen or change contracts
      if producer agrees
      In the announcement of the specific provisions of any commodity
    program administered by the Secretary of Agriculture, the Secretary
    shall include a statement setting forth which, if any, of the
    actions are to be initially included in the program, and a
    statement that the Secretary reserves the right to initiate at a
    later date any action not previously included but authorized by
    this section, including the right to reopen and change a contract
    entered into by a producer under the program if the producer
    voluntarily agrees to the change.
    (c) Purchase from other sources of commodities covered by
      nonrecourse loans
      When a nonrecourse loan program is in effect for a crop of a
    commodity, the Secretary may enter the commercial market to
    purchase such commodity if the Secretary determines that the cost
    of such purchases plus appropriate carrying charges will probably
    be less than the comparable cost of later acquiring the commodity
    through defaults on nonrecourse loans under the program.
    (d) Reduction in settlement price of nonrecourse loans
      When the domestic market price of a commodity for which a
    nonrecourse loan program (including the program authorized by
    section 1445e of this title) is in effect is insufficient to cover
    the principal and accumulated interest on a loan made under such
    program, thereby encouraging default by a producer, the Secretary
    may provide for settlement of such loan and redemption by the
    producer of the commodity securing such loan for less than the
    total of the principal and all interest accumulated thereon if the
    Secretary determines that such reduction in the settlement price
    will yield benefits to the Federal Government due to - 
        (1) receipt by the Federal Government of a portion rather than
      none of the accumulated interest;
        (2) avoidance of default; or
        (3) elimination of storage, handling, and carrying charges on
      the forfeited commodity.
    (e) Reopening of production control or loan programs to allow for
      payment in kind
      When a production control or loan program is in effect for a crop
    of a major agricultural commodity, the Secretary may at any time
    prior to harvest reopen the program to participating producers for
    the purpose of accepting bids from producers for the conversion of
    acreage planted to such crop to diverted acres in return for
    payment in kind from Commodity Credit Corporation surplus stocks of
    the commodity to which the acreage was planted, if the Secretary
    determines that (1) changes in domestic or world supply or demand
    conditions have substantially changed after announcement of the
    program for that crop, and (2) without action to further adjust
    production, the Federal Government and producers will be faced with
    a burdensome and costly surplus. Such payments in kind shall not be
    included within the payment limitation of $50,000 per person
    established under section 1308 of this title, but shall be limited
    to a total $20,000 per year per producer for any one commodity.
    (f) Other authorities of Secretary not affected
      The authority provided in this section shall be in addition to,
    and not in place of, any authority granted to the Secretary under
    any other provision of law.

-SOURCE-
    (Pub. L. 99-198, title X, Sec. 1009, Dec. 23, 1985, 99 Stat. 1453;
    Pub. L. 101-134, Sec. 3, Oct. 30, 1989, 103 Stat. 781.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (d). Pub. L. 101-134, in introductory provisions,
    inserted "(including the program authorized by section 1445e of
    this title)" after "nonrecourse loan program" and substituted
    "benefits" for "savings" and struck out concluding provisions which
    read as follows: "but the Secretary may not reduce the settlement
    price to less than the principal due on the loan".

-End-

-CITE-
    7 USC Sec. 1309                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1309. Normally planted acreage and target prices

-STATUTE-
    (a) Authorized planted acreage for 1982 through 1995 crops of wheat
      and feed grains as prerequisite for loan, etc.; eligibility;
      determinations; records
      Notwithstanding any other provision of law, whenever a set-aside
    program is in effect for one or more of the 1982 through 1995 crops
    of wheat and feed grains, the Secretary of Agriculture may require,
    as a condition of eligibility for loans, purchases, and payments
    for such crops under the Agricultural Act of 1949 [7 U.S.C. 1421 et
    seq.], that producers not exceed the acreage on the farm normally
    planted to crops designated by the Secretary, adjusted as deemed
    necessary by the Secretary to be fair and equitable among producers
    and reduced by any set-aside or diverted acreage. Such normal crop
    acreage for any crop year shall be determined as provided by the
    Secretary. The Secretary may require producers participating in the
    program to keep such records as the Secretary determines necessary
    to assist in making such determination.
    (b) Established price payments
      Notwithstanding any other provision of law - 
        (1) Whenever the Secretary, for one or more of the 1982 through
      1995 crops of wheat and feed grains, requires that producers not
      exceed the acreage on the farm normally planted to crops
      designated by the Secretary in accordance with subsection (a) of
      this section, the Secretary may increase the established price
      payments for any such commodity by such amount (or if there are
      no such payments in effect for such crop by providing for
      payments in such amount) as the Secretary determines appropriate
      to compensate producers for not exceeding the acreage on the farm
      normally planted to crops designated by the Secretary and
      participation in any required set-aside with respect to such
      commodity.
        (2) In determining the amount of any payments for any commodity
      under this subsection, the Secretary shall take into account
      changes in the costs of production resulting from not exceeding
      the acreage on the farm normally planted to crops designated by
      the Secretary and participation in any required set-aside with
      respect to such commodity.
        (3) If payments are provided for any commodity under this
      subsection, the Secretary may provide for payments for any other
      commodity in such amount as the Secretary determines necessary
      for effective operation of the program.
        (4) The Secretary shall adjust any payments under this
      subsection to reflect, in whole or in part, any land diversion
      payments for the commodity for which an increase is determined.
    (c) Marketing quotas in effect for 1987 through 1995 crops of
      wheat; reduction in normally planted acreage as condition
      prerequisite for loan, etc.
      Notwithstanding any other provision of law, whenever marketing
    quotas are in effect for any of the 1987 through 1995 crops of
    wheat, the Secretary of Agriculture may require, as a condition of
    eligibility for loans, purchases, and payments on any commodity
    under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), that
    the acreage normally planted to crops designated by the Secretary,
    adjusted as considered necessary by the Secretary to be fair and
    equitable among producers, shall be reduced by a quantity equal to -
     
        (1) the acreage that the Secretary determines would normally be
      planted to wheat on a farm; minus
        (2) the individual farm program acreage for the farm under
      section 107B(d)(3)(A) (!1) of such Act.

-SOURCE-
    (Pub. L. 95-113, title X, Sec. 1001, Sept. 29, 1977, 91 Stat. 950;
    Pub. L. 95-279, title I, Sec. 101, May 15, 1978, 92 Stat. 240; Pub.
    L. 95-334, title V, Sec. 501(a), Aug. 4, 1978, 92 Stat. 434; Pub.
    L. 96-213, Sec. 6, Mar. 18, 1980, 94 Stat. 120; Pub. L. 97-98,
    title XI, Sec. 1106, Dec. 22, 1981, 95 Stat. 1265; Pub. L. 99-198,
    title X, Sec. 1014, Dec. 23, 1985, 99 Stat. 1456; Pub. L. 101-624,
    title XI, Sec. 1141, Nov. 28, 1990, 104 Stat. 3515.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Act of 1949, referred to in subsecs. (a) and
    (c), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended,
    which is classified principally to chapter 35A (Sec. 1421 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1421 of this title and
    Tables.
      Section 107B(d)(3)(A) of such Act, referred to in subsec. (c)(2),
    is section 107B(d)(3)(A) of the Agricultural Act of 1949, which was
    classified to section 1445b-3a(d)(3)(A) of this title prior to
    repeal by Pub. L. 104-127, title I, Sec. 171(b)(2)(D), Apr. 4,
    1996, 110 Stat. 938.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food and Agriculture Act of
    1977, and not as part of the Agricultural Adjustment Act of 1938
    which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsecs. (a), (b)(1), (c). Pub. L. 101-624, Sec. 1141(1),
    substituted "1995" for "1990".
      Subsec. (c)(2). Pub. L. 101-624, Sec. 1141(2), substituted
    "section 107B(d)(3)(A)" for "section 107D(d)(3)(A)".
      1985 - Subsecs. (a), (b)(1). Pub. L. 99-198 substituted "1982
    through 1990" for "1982 through 1985".
      Subsec. (c). Pub. L. 99-198 added subsec. (c).
      1981 - Subsec. (a). Pub. L. 97-98 substituted provision
    authorizing the Secretary, whenever a set-aside program is in
    effect for one or more of the 1982 through 1985 crops of wheat and
    feed grains, to require as a condition of eligibility for loans,
    purchases, and payments for such crops that the producers not
    exceed the acreage on the farm normally planted to crops designated
    by the Secretary and permitting the Secretary to require producers
    participating in the program to keep records necessary to assist
    the Secretary in determining normal crop acreage for any crop year
    for provision authorizing the Secretary, effective for one or more
    of the 1980 and 1981 crops of wheat, feed grains, upland cotton,
    and rice, to require as a condition of eligibility for loans,
    purchases, and payments that the producers not exceed the acreage
    on the farm normally planted to crops designated by the Secretary.
      Subsec. (b). Pub. L. 97-98 substituted provision relating to
    established price increase for one or more of the 1982 through 1985
    crops of wheat and feed grains for provision relating to
    established price increase for one or more of the 1980 and 1981
    crops of wheat, feed grains, upland cotton, and rice.
      Subsec. (c). Pub. L. 97-98 struck out subsec. (c) which related
    to loans, purchases, and payments for producers of the 1980 crop of
    any commodity who exceeded the authorized acreage.
      1980 - Subsec. (a). Pub. L. 96-213 amended subsec. (a) generally,
    temporarily substituting provisions relating to requiring producers
    not to exceed the acreage on the farm normally planted to
    designated crops, as reduced, for the 1980 and 1981 crops of wheat,
    feed grains, upland cotton, and rice, for provisions relating to
    reduction of acreage normally planted to designated crops by the
    acreage set-aside or diversion for the 1978 through 1981 crops of
    wheat, feed grains, upland cotton, and rice. See Effective and
    Termination Dates of 1980 Amendment note below.
      Subsec. (b). Pub. L. 96-213 amended subsec. (b) generally,
    temporarily substituting provisions relating to increases of the
    established price as compensation to producers for not exceeding
    the acreage in accordance with subsection (a) and participating in
    set-asides for 1980 and 1980 crops for provisions relating to
    increases of the established prices to compensate producers for
    participation in set-asides for 1978 through 1981 crops. See
    Effective and Termination Dates of 1980 Amendment note below.
      Subsec. (c). Pub. L. 96-213, in amending section generally,
    temporarily added subsec. (c). See Effective and Termination Dates
    of 1980 Amendment note below.
      1978 - Subsec. (b). Pub. L. 95-334 added applicability to rice.
      Pub. L. 95-279 designated existing provisions as subsec. (a) and
    added subsec. (b).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-624 effective beginning with 1991 crop
    of an agricultural commodity, with provision for prior crops, see
    section 1171 of Pub. L. 101-624, set out as a note under section
    1421 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
    1801 of Pub. L. 97-98, set out as an Effective Date note under
    section 4301 of this title.

             EFFECTIVE AND TERMINATION DATES OF 1980 AMENDMENT         
      Section 6 of Pub. L. 96-213 provided that the amendment made by
    that section is effective for 1980 and 1981 crops.

                     EFFECTIVE DATE OF 1978 AMENDMENTS                 
      Section 501(b) of Pub. L. 95-334 provided that: "This section
    [amending this section] shall become effective October 1, 1978, and
    any producers who, prior to such date, receive payments on the 1978
    crop of rice as computed under the Agricultural Act of 1949 [see
    Short Title note set out under section 1421 of this title], as
    amended by the Food and Agriculture Act of 1977 [see Short Title of
    1977 Amendment note set out under section 1281 of this title], may
    elect after September 30, 1978, to receive payments as computed
    under section 1001(b) of the Food and Agriculture Act of 1977, as
    amended by this section."
      Section 103 of title I of Pub. L. 95-279 provided that: "Sections
    101 and 102 [amending this section and section 1444 of this title]
    of this title shall become effective October 1, 1978, and any
    producers who, prior to such date, receive loans and payments on
    the 1978 crop of the commodity as computed under the Agricultural
    Act of 1949 [see Short Title note set out under section 1421 of
    this title], as amended by the Food and Agriculture Act of 1977
    [see Short Title of 1977 Amendment note set out under section 1281
    of this title] may elect after September 30, 1978, to receive loans
    and payments as computed under this title."

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95-
    113, set out as an Effective Date of 1977 Amendment note under
    section 1307 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    7 USC Sec. 1310                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1310. American agriculture protection program

-STATUTE-
    (a) Determination of short supply; suspension of commercial export
      sales; parity price
      Notwithstanding any other provision of law, whenever the
    President or any other member of the executive branch of the
    Federal Government causes to be suspended, based upon a
    determination of short supply, the commercial export sales of any
    commodity, as defined in subsection (c) of this section, to any
    country or area with which the United States otherwise continues
    commercial trade, the Secretary of Agriculture shall, on the day
    the suspension is initiated, set the loan level for such commodity
    under the Agricultural Act of 1949, as amended [7 U.S.C. 1421 et
    seq.], if a loan program is in effect for the commodity, at 90 per
    centum of the parity price for the commodity, as such parity price
    is determined on the day the suspension is initiated.
    (b) Duration of loan level
      Any loan level established pursuant to subsection (a) of this
    section shall remain in effect as long as the suspension of
    commercial export sales described in subsection (a) of this section
    remains in effect.
    (c) "Commodity" defined
      For purposes of this section, the term "commodity" shall include
    any of the following: wheat, corn, grain sorghum, soybeans, oats,
    rye, barley, rice, flaxseed, and cotton.

-SOURCE-
    (Pub. L. 95-113, title X, Sec. 1002, Sept. 29, 1977, 91 Stat. 950.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Act of 1949, referred to in subsec. (a), is act
    Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
    classified principally to chapter 35A (Sec. 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.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food and Agriculture Act of
    1977, and not as part of the Agricultural Adjustment Act of 1938
    which comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95-
    113, set out as an Effective Date of 1977 Amendment note under
    section 1307 of this title.

-End-

-CITE-
    7 USC Sec. 1310a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part A - Definitions, Loans, Parity Payments, and Consumer
              Safeguards                              

-HEAD-
    Sec. 1310a. Normal supply of commodity for 1986 through 1995 crops

-STATUTE-
      Notwithstanding any other provision of law, if the Secretary of
    Agriculture determines that the supply of wheat, corn, upland
    cotton, or rice for the marketing year for any of the 1986 through
    1995 crops of such commodity is not likely to be excessive and that
    program measures to reduce or control the planted acreage of the
    crop are not necessary, such a decision shall constitute a
    determination that the total supply of the commodity does not
    exceed the normal supply and no determination to the contrary shall
    be made by the Secretary with respect to such commodity for such
    marketing year.

-SOURCE-
    (Pub. L. 99-198, title X, Sec. 1019, Dec. 23, 1985, 99 Stat. 1459;
    Pub. L. 101-624, title XI, Sec. 1142, Nov. 28, 1990, 104 Stat.
    3515.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1310a, Pub. L. 97-98, title XI, Sec. 1107, Dec.
    22, 1981, 95 Stat. 1266, provided for a normal supply of
    commodities for the 1982 through 1985 crops.

                                AMENDMENTS                            
      1990 - Pub. L. 101-624 substituted "1995" for "1990".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-624 effective beginning with 1991 crop
    of an agricultural commodity, with provision for prior crops, see
    section 1171 of Pub. L. 101-624, set out as a note under section
    1421 of this title.

-End-

-CITE-
    7 USC Part B - Marketing Quotas                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas

-HEAD-
                         PART B - MARKETING QUOTAS                     

-End-

-CITE-
    7 USC subpart i - marketing quotas - tobacco                01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart i - marketing quotas - tobacco

-HEAD-
                  SUBPART I - MARKETING QUOTAS - TOBACCO              

-End-

-CITE-
    7 USC Secs. 1311 to 1314-1                                  01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart i - marketing quotas - tobacco

-HEAD-
    Secs. 1311 to 1314-1. Repealed.

-MISC1-
    Secs. 1311 to 1314-1. Repealed. Pub. L. 108-357, title VI, Sec.
      611(a), Oct. 22, 2004, 118 Stat. 1522.
      Section 1311, act Feb. 16, 1938, ch. 30, title III, Sec. 311, 52
    Stat. 45, set forth legislative findings.
      Section 1312, acts Feb. 16, 1938, ch. 30, title III, Sec. 312, 52
    Stat. 46; Mar. 26, 1938, ch. 54, 52 Stat. 120; Aug. 7, 1939, ch.
    562, 563, 53 Stat. 1261; June 13, 1940, ch. 360, Secs. 2, 3, 54
    Stat. 392; Nov. 22, 1940, ch. 914, Secs. 2, 5, 54 Stat. 1209, 1210;
    Feb. 28, 1942, ch. 123, 56 Stat. 121; July 3, 1948, ch. 827, title
    II, Sec. 208, 62 Stat. 1257; Aug. 9, 1955, ch. 639, 69 Stat. 557;
    June 22, 1956, ch. 427, 70 Stat. 330; Pub. L. 99-272, title I, Sec.
    1104(a), Apr. 7, 1986, 100 Stat. 89, related to national tobacco
    marketing quotas.
      Section 1313, acts Feb. 16, 1938, ch. 30, title III, Sec. 313, 52
    Stat. 47; Apr. 7, 1938, ch. 107, Sec. 5, 52 Stat. 202; May 31,
    1938, ch. 292, Sec. 2, 52 Stat. 586; Aug. 7, 1939, ch. 564, 53
    Stat. 1261; June 13, 1940, ch. 360, Sec. 4, 54 Stat. 392; Feb. 6,
    1942, ch. 44, Sec. 1, 56 Stat. 51; Apr. 29, 1943, ch. 80, 57 Stat.
    69; Oct. 17, 1951, ch. 511, 65 Stat. 422; Mar. 31, 1955, ch. 21,
    Secs. 3, 4, 69 Stat. 24; Aug. 11, 1955, ch. 789, 69 Stat. 670; Aug.
    11, 1955, ch. 799, 69 Stat. 684; Pub. L. 85-489, Sec. 1, July 2,
    1958, 72 Stat. 291; Feb. 16, 1938, ch. 30, title III, Sec. 378(d),
    as added Pub. L. 85-835, title V, Sec. 501, Aug. 28, 1958, 72 Stat.
    995; Pub. L. 89-12, Sec. 2, Apr. 16, 1965, 79 Stat. 72; Pub. L. 90-
    106, Oct. 12, 1967, 81 Stat. 275, related to apportionment of
    national marketing quotas.
      Section 1314, acts Feb. 16, 1938, ch. 30, title III, Sec. 314, 52
    Stat. 48; Aug. 7, 1939, ch. 565, 53 Stat. 1262; June 13, 1940, ch.
    360, Sec. 5, 54 Stat. 393; Feb. 19, 1946, ch. 31, Sec. 2, 60 Stat.
    21; June 22, 1954, ch. 339, 68 Stat. 270; Mar. 31, 1955, ch. 21,
    Sec. 5, 69 Stat. 24; Pub. L. 97-218, title I, Sec. 103, title II,
    Sec. 206(a), July 20, 1982, 96 Stat. 201, 206, related to penalties
    for marketing of tobacco which is in excess of quotas or not
    eligible for price supports.
      Section 1314-1, act Feb. 16, 1938, ch. 30, title III, Sec. 314A,
    as added Pub. L. 97-218, title III, Sec. 306, July 20, 1982, 96
    Stat. 215, related to limitation on sale of tobacco floor
    sweepings.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable to the 2005 and subsequent crops of tobacco,
    see section 643 of Pub. L. 108-357, set out as an Effective Date
    note under section 518 of this title.

                             SAVINGS PROVISION                         
      Repeal not to affect the liability of any person under this
    subpart with respect to the 2004 or an earlier crop of tobacco, see
    section 614 of Pub. L. 108-357, set out as a note under section 515
    of this title.

-End-

-CITE-
    7 USC Sec. 1314a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart i - marketing quotas - tobacco

-HEAD-
    Sec. 1314a. Repealed.

-MISC1-
    Sec. 1314a. Repealed. Pub. L. 90-51, Sec. 2, July 7, 1967, 81 Stat.
      121.
      Section, act Feb. 16, 1938, ch. 30, title III, Sec. 315, as added
    Aug. 21, 1958, Pub. L. 85-705, 72 Stat. 703, provided for a
    referendum among producers of type 21 (Virginia) fire-cured tobacco
    and type 37 Virginia sun-cured tobacco on the question of a single
    combined tobacco acreage allotment and provided for establishment
    and subsequent increases and decreases in allotments.

-End-

-CITE-
    7 USC Secs. 1314b to 1314j                                  01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart i - marketing quotas - tobacco

-HEAD-
    Secs. 1314b to 1314j. Repealed.

-MISC1-
    Secs. 1314b to 1314j. Repealed. Pub. L. 108-357, title VI, Sec.
      611(a), Oct. 22, 2004, 118 Stat. 1522.
      Section 1314b, act Feb. 16, 1938, ch. 30, title III, Sec. 316, as
    added Pub. L. 87-200, Sept. 6, 1961, 75 Stat. 469; amended Pub. L.
    87-530, July 10, 1962, 76 Stat. 151; Pub. L. 87-824, Oct. 15, 1962,
    76 Stat. 947; Pub. L. 88-68, July 19, 1963, 77 Stat. 81; Pub. L. 88-
    80, July 30, 1963, 77 Stat. 114; Pub. L. 88-469, Secs. 1, 2, Aug.
    20, 1964, 78 Stat. 581; Pub. L. 89-29, May 27, 1965, 79 Stat. 118;
    Pub. L. 89-321, title VII, Sec. 703, Nov. 3, 1965, 79 Stat. 1210;
    Pub. L. 89-471, June 24, 1966, 80 Stat. 220; Pub. L. 90-6, Mar. 29,
    1967, 81 Stat. 6; Pub. L. 90-52, July 7, 1967, 81 Stat. 121; Pub.
    L. 90-559, Sec. 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-284,
    Secs. 1-4, June 19, 1970, 84 Stat. 314; Pub. L. 92-311, June 6,
    1972, 86 Stat. 215; Pub. L. 93-80, Aug. 1, 1973, 87 Stat. 178; Pub.
    L. 93-464, Oct. 24, 1974, 88 Stat. 1416; Pub. L. 94-445, Oct. 1,
    1976, 90 Stat. 1489; Pub. L. 95-54, June 25, 1977, 91 Stat. 250;
    Pub. L. 97-218, title II, Sec. 201, July 20, 1982, 96 Stat. 201;
    Pub. L. 98-180, title II, Secs. 205(a), 206, Nov. 29, 1983, 97
    Stat. 1145, 1147; Pub. L. 100-203, title I, Sec. 1112(a), Dec. 22,
    1987, 101 Stat. 1330-7; Pub. L. 101-134, Sec. 2(b), Oct. 30, 1989,
    103 Stat. 781; Pub. L. 106-78, title VIII, Sec. 803(c)(6)(A), (B),
    Oct. 22, 1999, 113 Stat. 1177, 1178; Pub. L. 107-171, title I, Sec.
    1611(a), May 13, 2002, 116 Stat. 218, related to lease or sale of
    acreage allotments.
      Section 1314b-1, act Feb. 16, 1938, ch. 30, title III, Sec. 316A,
    as added Pub. L. 97-218, title II, Sec. 202, July 20, 1982, 96
    Stat. 205; amended Pub. L. 98-180, title II, Sec. 207(a), Nov. 29,
    1983, 97 Stat. 1148, related to mandatory sale of certain Flue-
    cured tobacco acreage allotments and marketing quotas.
      Section 1314b-2, act Feb. 16, 1938, ch. 30, title III, Sec. 316B,
    as added Pub. L. 97-218, title III, Sec. 302, July 20, 1982, 96
    Stat. 210; amended Pub. L. 98-180, title II, Sec. 207(b), Nov. 29,
    1983, 97 Stat. 1148, related to mandatory sale of certain Burley
    tobacco acreage allotments and marketing quotas.
      Section 1314c, act Feb. 16, 1938, ch. 30, title III, Sec. 317, as
    added Pub. L. 89-12, Sec. 1, Apr. 16, 1965, 79 Stat. 66; amended
    Pub. L. 91-284, Sec. 5, June 19, 1970, 84 Stat. 314; Pub. L. 97-
    218, title II, Secs. 203, 205(a), 206(b), July 20, 1982, 96 Stat.
    205-207; Pub. L. 98-180, title II, Secs. 205(b), 208-210, Nov. 29,
    1983, 97 Stat. 1147-1149; Pub. L. 99-182, Sec. 4, Dec. 13, 1985, 99
    Stat. 1173; Pub. L. 99-241, Sec. 1, Jan. 30, 1986, 100 Stat. 3;
    Pub. L. 99-272, title I, Secs. 1103(b), 1104(c), 1105(a)(1), Apr.
    7, 1986, 100 Stat. 86, 89, 90; Pub. L. 100-203, title I, Sec.
    1112(b), Dec. 22, 1987, 101 Stat. 1330-8; Pub. L. 101-134, Sec.
    2(a)(2), Oct. 30, 1989, 103 Stat. 781; Pub. L. 103-66, title I,
    Sec. 1106(d)(2), Aug. 10, 1993, 107 Stat. 323; Pub. L. 103-437,
    Sec. 4(a)(5), Nov. 2, 1994, 108 Stat. 4581, related to acreage-
    poundage quotas.
      Section 1314d, act Feb. 16, 1938, ch. 30, title III, Sec. 318, as
    added Pub. L. 90-51, Sec. 1, July 7, 1967, 81 Stat. 120; amended
    Pub. L. 90-387, July 5, 1968, 82 Stat. 293; Pub. L. 92-144, Oct.
    23, 1971, 85 Stat. 393; Pub. L. 98-180, title II, Sec. 212(a), Nov.
    29, 1983, 97 Stat. 1149; Pub. L. 102-566, Sec. 1, Oct. 28, 1992,
    106 Stat. 4269; Pub. L. 106-224, title II, Sec. 204(b)(8), June 20,
    2000, 114 Stat. 402, related to transfers involving fire-cured,
    dark air-cured, and Virginia sun-cured tobacco.
      Section 1314e, act Feb. 16, 1938, ch. 30, title III, Sec. 319, as
    added Pub. L. 92-10, Sec. 1, Apr. 14, 1971, 85 Stat. 23; amended
    Pub. L. 97-218, title III, Sec. 303(b)-(j), July 20, 1982, 96 Stat.
    211-214; Pub. L. 98-59, Sec. 2, July 25, 1983, 97 Stat. 296; Pub.
    L. 98-180, title II, Sec. 211, Nov. 29, 1983, 97 Stat. 1149; Pub.
    L. 99-241, Sec. 2, Jan. 30, 1986, 100 Stat. 3; Pub. L. 99-272,
    title I, Secs. 1103(c), 1104(b), (d), 1105(a)(2), 1107, Apr. 7,
    1986, 100 Stat. 86, 89-91; Pub. L. 100-387, title III, Sec.
    304(a)(1), Aug. 11, 1988, 102 Stat. 948; Pub. L. 101-134, Sec.
    2(a)(1), Oct. 30, 1989, 103 Stat. 781; Pub. L. 101-577, Sec. 2(a),
    (b), (d), (e), Nov. 15, 1990, 104 Stat. 2856, 2857; Pub. L. 102-
    237, title I, Sec. 116(1), Dec. 13, 1991, 105 Stat. 1840; Pub. L.
    103-66, title I, Sec. 1106(d)(1), Aug. 10, 1993, 107 Stat. 323;
    Pub. L. 106-78, title VII, Sec. 755(a), Oct. 22, 1999, 113 Stat.
    1170; Pub. L. 106-224, title II, Sec. 204(b)(9)-(12), June 20,
    2000, 114 Stat. 403; Pub. L. 108-7, div. A, title VII, Sec. 765(a),
    Feb. 20, 2003, 117 Stat. 47, related to farm poundage quotas for
    certain kinds of tobacco.
      Section 1314f, act Feb. 16, 1938, ch. 30, title III, Sec. 320, as
    added Pub. L. 93-411, Sept. 3, 1974, 88 Stat. 1089; amended Pub. L.
    95-592, Sec. 17, Nov. 4, 1978, 92 Stat. 2534; Pub. L. 97-98, title
    XI, Sec. 1108, Dec. 22, 1981, 95 Stat. 1266; Pub. L. 97-218, title
    II, Sec. 204, July 20, 1982, 96 Stat. 206, related to nonquota
    tobacco subject to quota.
      Section 1314g, act Feb. 16, 1938, ch. 30, title III, Sec. 320A,
    as added Pub. L. 99-272, title I, Sec. 1103(d), Apr. 7, 1986, 100
    Stat. 88, related to submission of purchase intentions by cigarette
    manufacturers.
      Section 1314h, act Feb. 16, 1938, ch. 30, title III, Sec. 320B,
    as added Pub. L. 99-272, title I, Sec. 1106(a), Apr. 7, 1986, 100
    Stat. 90; amended Pub. L. 108-357, title VI, Sec. 613, Oct. 22,
    2004, 118 Stat. 1524, related to purchase requirements and penalty
    for failure to meet them.
      Section 1314i, act Feb. 16, 1938, ch. 30, title III, Sec. 320C,
    as added Pub. L. 103-66, title I, Sec. 1106(a), Aug. 10, 1993, 107
    Stat. 318; amended Pub. L. 103-465, title IV, Sec. 422(a), Dec. 8,
    1994, 108 Stat. 4964, related to quantity of tobacco grown in the
    United States that is required to be used by a cigarette
    manufacturer.
      Section 1314j, act Feb. 16, 1938, ch. 30, title III, Sec. 320D,
    as added Pub. L. 106-47, Sec. 1, Aug. 13, 1999, 113 Stat. 228, and
    Pub. L. 106-78, title VII, Sec. 755(b), Oct. 22, 1999, 113 Stat.
    1170; amended Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II,
    Sec. 211], Nov. 29, 1999, 113 Stat. 1536, 1501A-295, related to
    release of tobacco production and marketing information.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable to the 2005 and subsequent crops of tobacco,
    see section 643 of Pub. L. 108-357, set out as an Effective Date
    note under section 518 of this title.

                             SAVINGS PROVISION                         
      Repeal not to affect the liability of any person under this
    subpart with respect to the 2004 or an earlier crop of tobacco, see
    section 614 of Pub. L. 108-357, set out as a note under section 515
    of this title.

      TOBACCO DEFINITION AND INCREASE OF MARKETING QUOTAS AND ACREAGE
    ALLOTMENTS TO MEET DEMAND UNAFFECTED BY ACREAGE-POUNDAGE MARKETING
                    QUOTAS AND PRICE SUPPORT PROVISIONS
      Pub. L. 89-12, Sec. 4, Apr. 16, 1965, 79 Stat. 72, which provided
    that nothing in the Act could be construed as affecting the
    authority or responsibility of the Secretary of Agriculture under
    former sections 1301(b)(15) or 1313(i) of this title with respect
    to providing that different types of tobacco were to be treated as
    different kinds of tobacco, or with respect to increasing
    allotments or quotas for farms producing certain types of tobacco,
    was repealed by Pub. L. 108-357, title VI, Secs. 611(n), 643, Oct.
    22, 2004, 118 Stat. 1523, 1536, applicable to the 2005 and
    subsequent crops of tobacco.

-End-

-CITE-
    7 USC Sec. 1315                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart i - marketing quotas - tobacco

-HEAD-
    Sec. 1315. Repealed.

-MISC1-
    Sec. 1315. Repealed. Pub. L. 108-357, title VI, Sec. 611(o), Oct.
      22, 2004, 118 Stat. 1523.
      Section, acts July 12, 1952, ch. 709, 66 Stat. 597; Mar. 31,
    1955, ch. 21, Sec. 2, 69 Stat. 24, related to additional Burley
    tobacco acreage allotments.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable to the 2005 and subsequent crops of tobacco,
    see section 643 of Pub. L. 108-357, set out as an Effective Date
    note under section 518 of this title.

                             SAVINGS PROVISION                         
      Repeal not to affect the liability of any person under this
    section with respect to the 2004 or an earlier crop of tobacco, see
    section 614 of Pub. L. 108-357, set out as a note under section 515
    of this title.

-End-

-CITE-
    7 USC Sec. 1316                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart i - marketing quotas - tobacco

-HEAD-
    Sec. 1316. Repealed.

-MISC1-
    Sec. 1316. Repealed. Pub. L. 108-357, title VI, Sec. 611(p), Oct.
      22, 2004, 118 Stat. 1523.
      Section, Pub. L. 89-321, title VII, Sec. 703, Nov. 3, 1965, 79
    Stat. 1210; Pub. L. 91-284, Sec. 6, June 19, 1970, 84 Stat. 314;
    Pub. L. 97-218, title II, Sec. 205(b), July 20, 1982, 96 Stat. 206,
    related to transfer of allotments subsequent to 1965.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable to the 2005 and subsequent crops of tobacco,
    see section 643 of Pub. L. 108-357, set out as an Effective Date
    note under section 518 of this title.

                             SAVINGS PROVISION                         
      Repeal not to affect the liability of any person under this
    section with respect to the 2004 or an earlier crop of tobacco, see
    section 614 of Pub. L. 108-357, set out as a note under section 515
    of this title.

-End-

-CITE-
    7 USC subpart ii - acreage allotments - corn                01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart ii - acreage allotments - corn

-HEAD-
                  SUBPART II - ACREAGE ALLOTMENTS - CORN              

-MISC1-
                                AMENDMENTS                            
      1954 - Act Aug. 28, 1954, ch. 1041, title III, Sec. 303, 68 Stat.
    902, substituted "Acreage Allotments - Corn" for "Marketing Quotas -
     Corn" in subpart II heading.

-End-

-CITE-
    7 USC Sec. 1321                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart ii - acreage allotments - corn

-HEAD-
    Sec. 1321. Legislative finding of effect on interstate and foreign
      commerce and necessity of regulation

-STATUTE-
      Corn is a basic source of food for the Nation, and corn produced
    in the commercial corn-producing area moves almost wholly in
    interstate and foreign commerce in the form of corn, livestock, and
    livestock products.
      Abnormally excessive and abnormally deficient supplies of corn
    acutely and directly affect, burden, and obstruct interstate and
    foreign commerce in corn, livestock, and livestock products. When
    abnormally excessive supplies exist, transportation facilities in
    interstate and foreign commerce are overtaxed, and the handling and
    processing facilities through which the flow of interstate and
    foreign commerce in corn, livestock, and livestock products is
    directed become acutely congested. Abnormally deficient supplies
    result in substantial decreases in livestock production and in an
    inadequate flow of livestock and livestock products in interstate
    and foreign commerce, with the consequence of unreasonably high
    prices to consumers.
      Violent fluctuations from year to year in the available supply of
    corn disrupt the balance between the supply of livestock and
    livestock products moving in interstate and foreign commerce and
    the supply of corn available for feeding. When available supplies
    of corn are excessive, corn prices are low and farmers overexpand
    livestock production in order to find outlets for corn. Such
    expansion, together with the relative scarcity and high price of
    corn, forces farmers to market abnormally excessive supplies of
    livestock in interstate commerce at sacrifice prices, endangering
    the financial stability of producers, and overtaxing handling and
    processing facilities through which the flow of interstate and
    foreign commerce in livestock and livestock products is directed.
    Such excessive marketings deplete livestock on farms, and livestock
    marketed in interstate and foreign commerce consequently becomes
    abnormally low, with resultant high prices to consumers and danger
    to the financial stability of persons engaged in transporting,
    handling, and processing livestock in interstate and foreign
    commerce. These high prices in turn result in another overexpansion
    of livestock production.
      Recurring violent fluctuations in the price of corn resulting
    from corresponding violent fluctuations in the supply of corn
    directly affect the movement of livestock in interstate commerce
    from the range cattle regions to the regions where livestock is
    fattened for market in interstate and foreign commerce, and also
    directly affect the movement in interstate commerce of corn
    marketed as corn which is transported from the regions where
    produced to the regions where livestock is fattened for market in
    interstate and foreign commerce.
      Substantially all the corn moving in interstate commerce,
    substantially all the corn fed to livestock transported in
    interstate commerce for fattening, and substantially all the corn
    fed to livestock marketed in interstate and foreign commerce, is
    produced in the commercial corn-producing area. Substantially all
    the corn produced in the commercial corn-producing area, with the
    exception of a comparatively small amount used for farm
    consumption, is either sold or transported in interstate commerce,
    or is fed to livestock transported in interstate commerce for
    feeding, or is fed to livestock marketed in interstate and foreign
    commerce. Almost all the corn produced outside the commercial corn-
    producing area is either consumed, or is fed to livestock which is
    consumed, in the State in which such corn is produced.
      The conditions affecting the production and marketing of corn and
    the livestock products of corn are such that, without Federal
    assistance, farmers, individually or in cooperation, cannot
    effectively prevent the recurrence of disparities between the
    supplies of livestock moving in interstate and foreign commerce and
    the supply of corn available for feeding, and provide for orderly
    marketing of corn in interstate and foreign commerce and livestock
    and livestock products in interstate and foreign commerce.
      The national public interest requires that the burdens on
    interstate and foreign commerce above described be removed by the
    exercise of Federal power. By reason of the administrative and
    physical impracticability of regulating the movement of livestock
    and livestock products in interstate and foreign commerce and the
    inadequacy of any such regulation to remove such burdens, such
    power can be feasibly exercised only by providing for the
    withholding from market of excessive and burdensome supplies of
    corn in times of excessive production, and providing a reserve
    supply of corn available for market in times of deficient
    production, in order that a stable and continuous flow of livestock
    and livestock products in interstate and foreign commerce may at
    all times be assured and maintained.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 321, 52 Stat. 48.)

-MISC1-
                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.

-End-

-CITE-
    7 USC Sec. 1322                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart ii - acreage allotments - corn

-HEAD-
    Sec. 1322. Repealed.

-MISC1-
    Sec. 1322. Repealed. Aug. 28, 1954, ch. 1041, title III, Sec. 304,
      68 Stat. 902.
      Section, acts Feb. 16, 1938, ch. 30, title III, Sec. 322, 52
    Stat. 49; July 3, 1948, ch. 827, title II, Sec. 203, 62 Stat. 1255;
    Oct. 31, 1949, ch. 792, title IV, Sec. 409(e), 63 Stat. 1057,
    related to establishment, referendum, and suspension of farm
    marketing quotas.

-End-

-CITE-
    7 USC Sec. 1322a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart ii - acreage allotments - corn

-HEAD-
    Sec. 1322a. Repealed.

-MISC1-
    Sec. 1322a. Repealed. July 3, 1948, ch. 827, title II, Sec. 203(b),
      62 Stat. 1256.
      Section, act July 26, 1939, ch. 378, 53 Stat. 1125, related to
    time for proclamation of referendum.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Jan. 1, 1950, see section 303 of act July 3,
    1948, set out as a note under section 1301 of this title.

-End-

-CITE-
    7 USC Secs. 1323 to 1325                                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart ii - acreage allotments - corn

-HEAD-
    Secs. 1323 to 1325. Repealed.

-MISC1-
    Secs. 1323 to 1325. Repealed. Aug. 28, 1954, ch. 1041, title III,
      Sec. 304, 68 Stat. 902.
      Section 1323, act Feb. 16, 1938, ch. 30, title III, Sec. 323, 52
    Stat. 50, related to amount of farm marketing quota with respect to
    corn.
      Section 1324, act Feb. 16, 1938, ch. 30, title III, Sec. 324, 52
    Stat. 50, related to storage amounts.
      Section 1325, act Feb. 16, 1938, ch. 30, title III, Sec. 325, 52
    Stat. 51, related to penalties for marketing corn in excess of
    quota.

-End-

-CITE-
    7 USC Sec. 1326                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart ii - acreage allotments - corn

-HEAD-
    Sec. 1326. Adjustment of farm marketing quotas

-STATUTE-
      (a) Whenever in any county or other area the Secretary finds that
    the actual production of corn plus the amount of corn stored under
    seal in such county or other area is less than the normal
    production of the marketing percentage of the farm acreage
    allotments in such county or other area, the Secretary shall
    terminate farm marketing quotas for corn in such county or other
    area.
      (b) Whenever, upon any farm, the actual production of the acreage
    of corn is less than the normal production of the marketing
    percentage of the farm acreage allotment, there may be marketed,
    without penalty, from such farm an amount of corn from the corn
    stored under seal pursuant to section 1324 of this title which,
    together with the actual production of the then current crop, will
    equal the normal production of the marketing percentage of the farm
    acreage allotment.
      (c) Whenever, in any marketing year, marketing quotas are not in
    effect with respect to the crop of corn produced in the calendar
    year in which such marketing year begins, all marketing quotas
    applicable to previous crops of corn shall be terminated.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 326, 52 Stat. 51.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1324 of this title, referred to in subsec. (b), was
    repealed by act Aug. 28, 1954, ch. 1041, title III, Sec. 304, 68
    Stat. 902.

-MISC1-
                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.

                                  REPEALS                              
      Act Aug. 28, 1954, ch. 1041, title III, Sec. 304, 68 Stat. 902,
    repealed this section insofar as it is applicable to corn. Section
    has been made applicable to wheat by sections 1330(6) and 1340(6)
    of this title.

-End-

-CITE-
    7 USC Secs. 1327 to 1329                                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart ii - acreage allotments - corn

-HEAD-
    Secs. 1327 to 1329. Omitted

-COD-
                               CODIFICATION                           
      Sections provided for establishment of a commercial corn-
    producing area and corn acreage allotments, which were
    discontinued. See sections 1329a, 1444a, and 1444b of this title.
      Section 1327, acts Feb. 16, 1938, ch. 30, title III, Sec. 327, 52
    Stat. 51; Aug. 28, 1954, ch. 1041, title III, Sec. 304, 68 Stat.
    903, provided for proclamation of commercial corn-producing area
    not later than February 1 of each year.
      Section 1328, acts Feb. 16, 1938, ch. 30, title III, Sec. 328, 52
    Stat. 52; Apr. 7, 1938, ch. 107, Sec. 6, 52 Stat. 202; July 3,
    1948, ch. 827, title II, Sec. 207(a), 62 Stat. 1257; Oct. 31, 1949,
    ch. 792, title IV, Sec. 409(f), 63 Stat. 1057; Aug. 28, 1954, ch.
    1041, title III, Sec. 305, 68 Stat. 903, provided for establishment
    of acreage allotment of corn for each calendar year and
    proclamation of such acreage allotment not later than February 1 of
    each year.
      Section 1329, acts Feb. 16, 1938, ch. 30, title III, Sec. 329, 52
    Stat. 52; Aug. 28, 1954, ch. 1041, title III, Sec. 306, 68 Stat.
    903, provided for apportionment of acreage allotment for corn.

-End-

-CITE-
    7 USC Sec. 1329a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart ii - acreage allotments - corn

-HEAD-
    Sec. 1329a. Discontinuance of acreage allotments on corn

-STATUTE-
      Notwithstanding any other provision of law, acreage allotments
    and a commercial corn-producing area shall not be established for
    the 1959 and subsequent crops of corn.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 330, as added Oct. 31,
    1949, ch. 792, title I, Sec. 104(b)(1), as added Pub. L. 85-835,
    title II, Sec. 201, Aug. 28, 1958, 72 Stat. 994.)

-MISC1-
                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.

        1958 REFERENDUM FOR SELECTION OF ALTERNATIVE CORN PROGRAM;
                  OPERATIVE STATUS OF CERTAIN PROVISIONS
      Corn producers voted for adoption of price support program as
    provided in section 1444a(b) of this title (254,262) rather than
    alternative corn acreage allotment and price support program
    (102,907), the ballot making operative sections 1329a and 1444b and
    repeal of section 1441(d)(4) of this title.

-End-

-CITE-
    7 USC Sec. 1330                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart ii - acreage allotments - corn

-HEAD-
    Sec. 1330. Omitted

-COD-
                               CODIFICATION                           
      Section, acts May 26, 1941, ch. 133, 55 Stat. 203; Dec. 26, 1941,
    ch. 626, Sec. 2, 55 Stat. 860; Dec. 26, 1941, ch. 636, 55 Stat.
    872; Aug. 29, 1949, ch. 518, Sec. 3(b), 63 Stat. 676; July 14,
    1953, ch. 194, Sec. 3, 67 Stat. 151; Aug. 28, 1954, ch. 1041, title
    III, Sec. 313, 68 Stat. 905, initially contained supplemental
    provisions relating to wheat and corn marketing quotas; marketing
    penalty for cotton and rice; crop loans on cotton, corn, wheat,
    rice, tobacco, and peanuts, but was amended generally in 1954 to
    make it inapplicable to corn. See section 1340 of this title.
      Section was not enacted as part of the Agricultural Adjustment
    Act of 1938 which comprises this chapter.

-End-

-CITE-
    7 USC subpart iii - marketing quotas - wheat                01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
                  SUBPART III - MARKETING QUOTAS - WHEAT              

-End-

-CITE-
    7 USC Sec. 1331                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1331. Legislative finding of effect on interstate and foreign
      commerce and necessity of regulation

-STATUTE-
      Wheat is a basic source of food for the Nation, is produced
    throughout the United States by more than a million farmers, is
    sold on the country-wide market and, as wheat or flour, flows
    almost entirely through instrumentalities of interstate and foreign
    commerce from producers to consumers.
      Abnormally excessive and abnormally deficient supplies of wheat
    on the country-wide market acutely and directly affect, burden, and
    obstruct interstate and foreign commerce. Abnormally excessive
    supplies overtax the facilities of interstate and foreign
    transportation, congest terminal markets and milling centers in the
    flow of wheat from producers to consumers, depress the price of
    wheat in interstate and foreign commerce, and otherwise disrupt the
    orderly marketing of such commodity in such commerce. Abnormally
    deficient supplies result in an inadequate flow of wheat and its
    products in interstate and foreign commerce with consequent
    injurious effects to the instrumentalities of such commerce and
    with excessive increases in the prices of wheat and its products in
    interstate and foreign commerce.
      It is in the interest of the general welfare that interstate and
    foreign commerce in wheat and its products be protected from such
    burdensome surpluses and distressing shortages, and that a supply
    of wheat be maintained which is adequate to meet domestic
    consumption and export requirements in years of drought, flood, and
    other adverse conditions as well as in years of plenty, and that
    the soil resources of the Nation be not wasted in the production of
    such burdensome surpluses. Such surpluses result in disastrously
    low prices of wheat and other grains to wheat producers, destroy
    the purchasing power of grain producers for industrial products,
    and reduce the value of the agricultural assets supporting the
    national credit structure. Such shortages of wheat result in
    unreasonably high prices of flour and bread to consumers and loss
    of market outlets by wheat producers.
      The conditions affecting the production and marketing of wheat
    are such that, without Federal assistance, farmers, individually or
    in cooperation, cannot effectively prevent the recurrence of such
    surpluses and shortages and the burdens on interstate and foreign
    commerce resulting therefrom, maintain normal supplies of wheat, or
    provide for the orderly marketing thereof in interstate and foreign
    commerce.
      Wheat which is planted and not disposed of prior to the date
    prescribed by the Secretary for the disposal of excess acres of
    wheat is an addition to the total supply of wheat and has a direct
    effect on the price of wheat in interstate and foreign commerce and
    may also affect the supply and price of livestock and livestock
    products. In the circumstances, wheat not disposed of prior to such
    date must be considered in the same manner as mechanically
    harvested wheat in order to achieve the policy of the chapter.
      The diversion of substantial acreages from wheat to the
    production of commodities which are in surplus supply or which will
    be in surplus supply if they are permitted to be grown on the
    diverted acreage would burden, obstruct, and adversely affect
    interstate and foreign commerce in such commodities, and would
    adversely affect the prices of such commodities in interstate and
    foreign commerce. Small changes in the supply of a commodity could
    create a sufficient surplus to affect seriously the price of such
    commodity in interstate and foreign commerce. Large changes in the
    supply of such commodity could have a more acute effect on the
    price of the commodity in interstate and foreign commerce and,
    also, could overtax the handling, processing, and transportation
    facilities through which the flow of interstate and foreign
    commerce in such commodity is directed. Such adverse effects caused
    by overproduction in one year could further result in a deficient
    supply of the commodity in the succeeding year, causing excessive
    increases in the price of the commodity in interstate and foreign
    commerce in such year. It is, therefore, necessary to prevent
    acreage diverted from the production of wheat to be used to produce
    commodities which are in surplus supply or which will be in surplus
    supply if they are permitted to be grown on the diverted acreage.
      The provisions of this subpart affording a cooperative plan to
    wheat producers are necessary in order to minimize recurring
    surpluses and shortages of wheat in interstate and foreign
    commerce, to provide for the maintenance of adequate reserve
    supplies thereof, to provide for an adequate and orderly flow of
    wheat and its products in interstate and foreign commerce at prices
    which are fair and reasonable to farmers and consumers, and to
    prevent acreage diverted from the production of wheat from
    adversely affecting other commodities in interstate and foreign
    commerce.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 331, 52 Stat. 52; Pub. L.
    87-703, title III, Sec. 310, Sept. 27, 1962, 76 Stat. 618.)

-MISC1-
                                AMENDMENTS                            
      1962 - Pub. L. 87-703 provided additional findings respecting the
    addition of wheat to total supply of wheat and effect of such
    addition on price of wheat and supply and price of livestock and
    livestock products, the need to prevent the use of acreage diverted
    from wheat production to produce other commodities in surplus
    supply and the consequences of a small or large change in the
    supply of a commodity and the necessity of a cooperative plan to
    wheat producers to provide for flow of wheat at fair and reasonable
    prices to farmers and consumers and to prevent diverted acreage
    from production of wheat from adversely affecting other commodities
    in interstate and foreign commerce.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-703 effective only with respect to
    programs applicable to crops planted for harvest in calendar year
    1964 or any subsequent year and marketing years beginning in
    calendar year 1964, or any subsequent year, see section 323 of Pub.
    L. 87-703, set out as a note under section 1301 of this title.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Pub. L. 101-624, title III, Sec. 303, Nov. 28, 1990, 104 Stat.
    3400, provided that: "Sections 331 through 339, 379b, and 379c of
    the Agricultural Adjustment Act of 1938 (7 U.S.C. 1331 through
    1339, 1379b, and 1379c) shall not be applicable to the 1991 through
    1995 crops of wheat."
      Pub. L. 99-198, title III, Sec. 310(b), Dec. 23, 1985, 99 Stat.
    1395, provided that: "Sections 331, 339, 379b, and 379c of such Act
    [the Agricultural Adjustment Act of 1938] (7 U.S.C. 1331, 1339,
    1379b, and 1379c) shall not be applicable to the 1986 through 1990
    crops of wheat."
       Pub. L. 97-98, title III, Sec. 303, Dec. 22, 1981, 95 Stat.
    1227, provided that: "Sections 331, 332, 333, 334, 335, 336, 338,
    339, 379b, and 379c of the Agricultural Adjustment Act of 1938
    [this section and sections 1332, 1333, 1334, 1335, 1336, 1338,
    1339, 1379b, and 1379c of this title] shall not be applicable to
    the 1982 through 1985 crops of wheat."
      Pub. L. 95-113, title IV, Sec. 404, Sept. 29, 1977, 91 Stat. 927,
    provided that: "Sections 331, 332, 333, 334, 335, 336, 338, 339,
    379b, and 379c of the Agricultural Adjustment Act of 1938, as
    amended [this section and sections 1332, 1333, 1334, 1335, 1336,
    1338, 1339, 1379b, and 1379c of this title], shall not be
    applicable to the 1978 through 1981 crops of wheat."
      Pub. L. 91-524, title IV, Sec. 404(1), Nov. 30, 1970, 84 Stat.
    1366, as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87
    Stat. 229, provided that this section is not applicable to 1971
    through 1977 crops of wheat.

-End-

-CITE-
    7 USC Sec. 1332                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1332. National marketing quota

-STATUTE-
    (a) Proclamation; duration of program
      Whenever prior to April 15 in any calendar year the Secretary
    determines that the total supply of wheat in the marketing year
    beginning in the next succeeding calendar year will, in the absence
    of a marketing quota program, likely be excessive, the Secretary
    shall proclaim that a national marketing quota for wheat shall be
    in effect for such marketing year and for either the following
    marketing year or the following two marketing years, if the
    Secretary determines and declares in such proclamation that a two-
    or three-year marketing quota program is necessary to effectuate
    the policy of the chapter.
    (b) Amount; minimum
      If a national marketing quota for wheat has been proclaimed for
    any marketing year, the Secretary shall determine and proclaim the
    amount of the national marketing quota for such marketing year not
    earlier than January 1 or later than April 15 of the calendar year
    preceding the year in which such marketing year begins. The amount
    of the national marketing quota for wheat for any marketing year
    shall be an amount of wheat which the Secretary estimates (i) will
    be utilized during such marketing year for human consumption in the
    United States as food, food products, and beverages, composed
    wholly or partly of wheat, (ii) will be utilized during such
    marketing year in the United States for seed, (iii) will be
    exported either in the form of wheat or products thereof, and (iv)
    will be utilized during such marketing year in the United States as
    livestock (including poultry) feed, excluding the estimated
    quantity of wheat which will be utilized for such purpose as a
    result of the substitution of wheat for feed grains under section
    1339c of this title; less (A) an amount of wheat equal to the
    estimated imports of wheat into the United States during such
    marketing year and, (B) if the stocks of wheat owned by the
    Commodity Credit Corporation are determined by the Secretary to be
    excessive, an amount of wheat determined by the Secretary to be a
    desirable reduction in such marketing year in such stocks to
    achieve the policy of the chapter: Provided, That if the Secretary
    determines that the total stocks of wheat in the Nation are
    insufficient to assure an adequate carryover for the next
    succeeding marketing year, the national marketing quota otherwise
    determined shall be increased by the amount the Secretary
    determines to be necessary to assure an adequate carryover: And
    provided further, That the national marketing quota for wheat for
    any marketing year shall be not less than one billion bushels.
    (c) National emergencies or material increase in demand;
      investigation; increase or termination
      If, after the proclamation of a national marketing quota for
    wheat for any marketing year, the Secretary has reason to believe
    that, because of a national emergency or because of a material
    increase in the demand for wheat, the national marketing quota
    should be terminated or the amount thereof increased, he shall
    cause an immediate investigation to be made to determine whether
    such action is necessary in order to meet such emergency or
    increase in the demand for wheat. If, on the basis of such
    investigation, the Secretary finds that such action is necessary,
    he shall immediately proclaim such finding and the amount of any
    such increase found by him to be necessary and thereupon such
    national marketing quota shall be so increased or terminated. In
    case any national marketing quota is increased under this
    subsection, the Secretary shall provide for such increase by
    increasing acreage allotments established under this subpart by a
    uniform percentage.
    (d) Farm marketing quotas for wheat crops planted in calendar years
      1966-1970
      Notwithstanding any other provision of this chapter, the
    Secretary shall proclaim a national marketing quota for the crops
    of wheat planted for harvest in the calendar years 1966 through
    1970, and farm marketing quotas shall not be in effect for such
    crops of wheat.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 332, 52 Stat. 53; Aug. 28,
    1954, ch. 1041, title III, Sec. 307, 68 Stat. 903; Pub. L. 87-703,
    title III, Sec. 311, Sept. 27, 1962, 76 Stat. 619; Pub. L. 89-321,
    title V, Sec. 501(1), Nov. 3, 1965, 79 Stat. 1199; Pub. L. 90-559,
    Sec. 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 99-198, title III,
    Sec. 302, Dec. 23, 1985, 99 Stat. 1378.)

-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-198 temporarily substituted "Proclamation of
    marketing quotas" for "National marketing quota" in section
    catchline. See Effective and Termination Dates of 1985 Amendment
    note below.
      Subsec. (a). Pub. L. 99-198 amended subsec. (a) generally,
    temporarily substituting provisions defining the terms "base
    period" and "marketing quota period" for provisions which
    authorized the Secretary to proclaim a national marketing quota for
    wheat for either a two- or three-year period. See Effective and
    Termination Dates of 1985 Amendment note below.
      Subsec. (b). Pub. L. 99-198 amended subsec. (b) generally,
    temporarily substituting provisions authorizing the proclamation of
    a national marketing quota for each marketing year, not later than
    June 15, 1986, in an amount which the Secretary determines is
    required to meet anticipated needs during such marketing year, and
    the conducting of a marketing quota referendum not later than Aug.
    1, 1986 for provisions which had authorized the proclamation of a
    national marketing quota upon a determination made between Jan. 1
    and Apr. 15 of the calendar year preceding the year in which the
    marketing year began, which determination had to provide a minimum
    of one billion bushels for any marketing year, and investigation of
    stocks to adjust for imports and excessive or insufficient amounts
    generally. See Effective and Termination Dates of 1985 Amendment
    note below.
      Subsec. (c). Pub. L. 99-198 amended subsec. (c) generally,
    temporarily substituting provisions requiring the Secretary to
    adjust or terminate the national marketing quota in the event of a
    national emergency or material change in the demand for wheat for
    provisions which had required the Secretary to cause an immediate
    investigation to be made to determine whether termination or
    increase in the quota was necessary in order to meet such emergency
    or increase in demand, and struck out provisions requiring the
    Secretary to proclaim such findings and the amount of any increase,
    with any such increase to be based on a uniform percentage. See
    Effective and Termination Dates of 1985 Amendment note below.
      Subsec. (d). Pub. L. 99-198 amended section generally,
    temporarily striking out subsec. (d) which provided for farm
    marketing quotas for wheat crops planted in calendar years 1969-
    1970. See Effective and Termination Dates of 1985 Amendment note
    below.
      1968 - Subsec. (d). Pub. L. 90-559 provided for a one year
    extension through 1970.
      1965 - Subsec. (b). Pub. L. 89-321 changed item (iv) from the
    average amount of wheat which was used for livestock feed during
    1959-60 to the amount which will be utilized during the marketing
    year for which the quota is being determined for livestock feed,
    excluding the estimated quantity of wheat which will be utilized
    for such purpose as a result of the substitution of wheat for feed
    grains under section 1339c of this title.
      Subsec. (d). Pub. L. 89-321 added subsec. (d).
      1962 - Pub. L. 87-703 substituted provisions for proclamation of
    a national marketing quota upon a determination made prior to April
    15 in any calendar year, the duration of such a program, the amount
    of, including the minimum, quota, and investigation of stocks to
    increase or terminate the quota during national emergencies or
    material increase in demand for provision for proclamation, not
    later than May 15 of each calendar year, of a national marketing
    quota for the crop produced in the next calendar year.
      1954 - Act Aug. 28, 1954, struck out proclamations relating to
    supplies, and changed proclamation date from July 15 to May 15.

             EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT         
      Section 302 of Pub. L. 99-198 provided that the amendment made by
    that section is effective only for 1987 through 1990 crops of
    wheat.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Section 501 of Pub. L. 89-321 provided that the amendments made
    by that section [amending this section and sections 1333, 1334,
    1335, and 1339 of this title] are "effective beginning with the
    crop planted for harvest in the calendar year 1966".

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-703 effective only with respect to
    programs applicable to crops planted for harvest in calendar year
    1964 or any subsequent year and marketing years beginning in
    calendar year 1964, or any subsequent year, see section 323 of Pub.
    L. 87-703, set out as a note under section 1301 of this title.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.
      Pub. L. 101-270, Apr. 10, 1990, 104 Stat. 134, provided: "That
    section 332 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
    1332) shall not be applicable to the 1991 crop of wheat."
      Section 310(a) of Pub. L. 99-198 provided that: "Sections 332,
    333, 334, 335, 336, and 338 of the Agricultural Adjustment Act of
    1938 (7 U.S.C. 1332-1336 and 1338) shall not be applicable to the
    1986 crop of wheat."
      Section inapplicable to 1982 through 1985 crops of wheat, see
    section 303 of Pub. L. 97-98, set out as a note under section 1331
    of this title.
      Section inapplicable to 1978 through 1981 crops of wheat, see
    section 404 of Pub. L. 95-113, set out as a note under section 1331
    of this title.
      Pub. L. 91-524, title IV, Sec. 404(1), Nov. 30, 1970, 84 Stat.
    1366, as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87
    Stat. 229, provided that this section is not applicable to 1971
    through 1977 crops of wheat.

       1965 CROP NATIONAL MARKETING QUOTA AND CROP ACREAGE ALLOTMENT   
      Section 201 of Pub. L. 88-297, title II, Apr. 11, 1964, 78 Stat.
    178, directed Secretary to not proclaim a national marketing quota
    for 1965 crop of wheat and that farm marketing quotas shall not be
    in effect for such crop of wheat, and required Secretary to
    proclaim a national acreage allotment for 1965 crop of wheat which
    shall be the number of acres which he determined would make
    available an adequate supply of wheat, but not less than forty-nine
    million five hundred thousand acres.

                  DEFERRAL OF PROCLAMATION FOR 1963 CROP              
      Pub. L. 87-485, June 15, 1962, 76 Stat. 103, authorized Secretary
    of Agriculture to defer until July 15, 1962, any proclamation under
    this section with respect to a national acreage allotment for 1963
    crop of wheat and any proclamation under section 1335 of this title
    with respect to marketing quotas for such crop of wheat.
      Pub. L. 87-450, May 15, 1962, 76 Stat. 69, authorized Secretary
    of Agriculture to defer until June 15, 1962, any proclamation under
    this section with respect to a national acreage allotment for 1963
    crop of wheat and any proclamation under section 1335 of this title
    for such crop of wheat.

                  DEFERRAL OF PROCLAMATION FOR 1960 CROP              
      Pub. L. 86-27, May 15, 1959, 73 Stat. 25, authorized Secretary of
    Agriculture to defer until June 1, 1959, any proclamation under
    this section with respect to a national acreage allotment for 1960
    crop of wheat and any proclamation under section 1335 of this title
    with respect to marketing quotas for such crop of wheat.

-End-

-CITE-
    7 USC Sec. 1333                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1333. National acreage allotment

-STATUTE-
      The Secretary shall proclaim a national acreage allotment for
    each crop of wheat. The amount of the national acreage allotment
    for any crop of wheat shall be the number of acres which the
    Secretary determines on the basis of the projected national yield
    and expected underplantings (acreage other than that not harvested
    because of program incentives) of farm acreage allotments will
    produce an amount of wheat equal to the national marketing quota
    for wheat for the marketing year for such crop, or if a national
    marketing quota was not proclaimed, the quota which would have been
    determined if one had been proclaimed.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 333, 52 Stat. 53; June 20,
    1938, ch. 518, 52 Stat. 775; July 26, 1939, ch. 377, 53 Stat. 1125;
    July 3, 1948, ch. 827, title II, Sec. 207(b), 62 Stat. 1257; Pub.
    L. 87-703, title III, Sec. 312, Sept. 27, 1962, 76 Stat. 620; Pub.
    L. 89-321, title V, Sec. 501(2), Nov. 3, 1965, 79 Stat. 1199; Pub.
    L. 99-198, title III, Sec. 303, Dec. 23, 1985, 99 Stat. 1379.)

-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-198 amended section generally, temporarily
    substituting provisions relating to the establishment and
    determination of a marketing quota apportionment factor for each
    crop of wheat for which a national marketing quota is proclaimed
    under section 1332 of this title for provisions relating to the
    proclamation and determination of a national acreage allotment for
    each crop of wheat. See Effective and Termination Dates of 1985
    Amendment note below.
      1965 - Pub. L. 89-321 substituted projected national yield for
    expected yield in the determination of the basis to be used in
    arriving at the national acreage allotment, inserted limiting
    parenthetical reference to acreage other than that harvested
    because of program incentives, and struck out references to
    expected production on the increases in acreage allotments for
    farms based upon small-farm base acreages pursuant to section 1335
    of this title and to the expected production on the increased
    acreages resulting from the small-farm exemption pursuant to
    section 1335 of this title.
      1962 - Pub. L. 87-703 substituted provision for proclamation of a
    national acreage allotment at the time of proclamation of the
    national marketing quota in an amount that would be the number of
    acres which on the basis of expected yields would, together with
    the expected production on increases in acreage allotments for
    small farms and on increased acreages resulting from the small-farm
    exemption, make available a supply equal to the national marketing
    quota for provision for determination of the national acreage
    allotment as such acreage as on the basis of the national average
    yield would produce an amount, which, with estimated carryover and
    imports, would make available a supply equal to a normal year's
    domestic consumption and exports plus 30 per centum and prescribing
    a national acreage allotment for wheat for 1938 at sixty-two
    million five hundred thousand acres and for any year at not less
    than fifty-five million acres.
      1948 - Act July 3, 1948, required the Secretary to take imports
    into consideration in determining acreage allotments for the
    purposes of marketing quotas.
      1939 - Act July 26, 1939, amended last sentence.
      1938 - Act June 20, 1938, inserted last sentence.

             EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT         
      Section 303 of Pub. L. 99-198 provided that the amendment made by
    that section is effective only for 1987 through 1990 crops of
    wheat.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Amendment by Pub. L. 89-321 effective beginning with crop planted
    for harvest in calendar year 1966, see section 501 of Pub. L. 89-
    321, set out as a note under section 1332 of this title.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-703 effective only with respect to
    programs applicable to crops planted for harvest in calendar year
    1964 or any subsequent year and marketing years beginning in
    calendar year 1964, or any subsequent year, see section 323 of Pub.
    L. 87-703, set out as a note under section 1301 of this title.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act July 3, 1948, effective Jan. 1, 1950, see
    section 303 of act July 3, 1948, set out as a note under section
    1301 of this title.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.
      Section inapplicable to 1986 crop of wheat, see section 310(a) of
    Pub. L. 99-198, set out as a note under section 1332 of this title.
      Section inapplicable to 1982 through 1985 crops of wheat, see
    section 303 of Pub. L. 97-98, set out as a note under section 1331
    of this title.
      Section inapplicable to 1978 through 1981 crops of wheat, see
    section 404 of Pub. L. 95-113, set out as a note under section 1331
    of this title.
      Pub. L. 91-524, title IV, Sec. 404(2), Nov. 30, 1970, 84 Stat.
    1366, as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87
    Stat. 229, provided that this section is not applicable to 1972
    through 1977 crops of wheat.

                        1965 CROP ACREAGE ALLOTMENT                    
      Proclamation of a national acreage allotment for 1965 crop of
    wheat that will make available an adequate supply of wheat but
    shall not be less than forty-nine million five hundred thousand
    acres, see section 201 of Pub. L. 88-297, set out as a note under
    section 1332 of this title.

-End-

-CITE-
    7 USC Sec. 1334                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1334. Apportionment of national acreage allotment

-STATUTE-
    (a) Apportionment among States; special acreage reserve
      The national allotment for wheat, less a reserve of not to exceed
    1 per centum thereof for apportionment as provided in this
    subsection and less the special acreage reserve provided for in
    this subsection, shall be apportioned by the Secretary among the
    States on the basis of the preceding year's allotment for each such
    State, including all amounts allotted to the State and including
    for 1967 the increased acreage in the State allotted for 1966 under
    section 1335 of this title, adjusted to the extent deemed necessary
    by the Secretary to establish a fair and equitable apportionment
    base for each State, taking into consideration established crop
    rotation practices, estimated decrease in farm allotments because
    of loss of history, and other relevant factors. The reserve acreage
    set aside herein for apportionment by the Secretary shall be used
    (1) to make allotments to counties in addition to the county
    allotments made under subsection (b) of this section, on the basis
    of the relative needs of counties for additional allotments because
    of reclamation and other new areas coming into production of wheat,
    or (2) to increase the allotment for any county, in which wheat is
    the principal grain crop produced, on the basis of its relative
    need for such increase if the average ratio of wheat acreage
    allotment to cropland on old wheat farms in such county is less by
    at least 20 per centum than such average ratio on old wheat farms
    in an adjoining county or counties in which wheat is the principal
    grain crop produced or if there is a definable contiguous area
    consisting of at least 10 per centum of the cropland acreage in
    such county in which the average ratio of wheat acreage allotment
    to cropland on old wheat farms is less by at least 20 per centum
    than such average ratio on the remaining old wheat farms in such
    county, provided that such low ratio of wheat acreage allotment to
    cropland is due to the shift prior to 1951 from wheat to one or
    more alternative income-producing crops which, because of plant
    disease or sustained loss of markets, may no longer be produced at
    a fair profit and there is no other alternative income-producing
    crop suitable for production in the area or county. The increase in
    the county allotment under clause (2) of the preceding sentence
    shall be used to increase allotments for old wheat farms in the
    affected area to make such allotments comparable with those on
    similar farms in adjoining areas or counties but the average ratio
    of increased allotments to cropland on such farms shall not exceed
    the average ratio of wheat acreage allotment to cropland on old
    wheat farms in the adjoining areas or counties. There also shall be
    made available a special acreage reserve of not in excess of one
    million acres as determined by the Secretary to be desirable for
    the purposes hereof which shall be in addition to the national
    acreage reserve provided for in this subsection. Such special
    acreage reserve shall be made available to the States to make
    additional allotments to counties on the basis of the relative
    needs of counties, as determined by the Secretary, for additional
    allotments to make adjustments in the allotments on old wheat farms
    (that is, farms on which wheat has been seeded or regarded as
    seeded to one or more of the three crops immediately preceding the
    crop for which the allotment is established) on which the ratio of
    wheat acreage allotment to cropland on the farm is less than one-
    half the average ratio of wheat acreage allotment to cropland on
    old wheat farms in the county. Such adjustments shall not provide
    an allotment for any farm which would result in an allotment-
    cropland ratio for the farm in excess of one-half of such county
    average ratio and the total of such adjustments in any county shall
    not exceed the acreage made available therefor in the county. Such
    apportionment from the special acreage reserve shall be made only
    to counties where wheat is a major income-producing crop, only to
    farms on which there is limited opportunity for the production of
    an alternative income-producing crop, and only if an efficient
    farming operation on the farm requires the allotment of additional
    acreage from the special acreage reserve. For the purposes of
    making adjustments hereunder the cropland on the farm shall not
    include any land developed as cropland subsequent to the 1963 crop
    year.
    (b) Apportionment among counties
      The State acreage allotment for wheat, less a reserve of not to
    exceed 3 per centum thereof for apportionment as provided in
    subsection (c) of this section, shall be apportioned by the
    Secretary among the counties in the State, on the basis of the
    preceding year's wheat allotment in each such county, including for
    1967 the increased acreage in the county allotted for 1966 pursuant
    to section 1335 of this title, adjusted to the extent deemed
    necessary by the Secretary in order to establish a fair and
    equitable apportionment base for each county, taking into
    consideration established crop rotation practices, estimated
    decrease in farm allotments because of loss of history, and other
    relevant factors.
    (c) Apportionment among farms; overplanted allotments; reductions;
      notice
      (1) The allotment to the county shall be apportioned by the
    Secretary, through the local committees, among the farms within the
    county on the basis of past acreage of wheat, tillable acres, crop-
    rotation practices, type of soil, and topography. Not more than 3
    per centum of the State allotment shall be apportioned to farms on
    which wheat has not been planted during any of the three marketing
    years immediately preceding the marketing year in which the
    allotment is made. For the purpose of establishing farm acreage
    allotments - (i) the past acreage of wheat on any farm for 1958 or
    1965 shall be the base acreage determined for the farm under the
    regulations issued by the Secretary for determining 1958 or 1965
    farm wheat acreage allotments; (ii) if subsequent to the
    determination of such base acreage the 1958 or 1965 wheat acreage
    allotment for the farm is increased through administrative, review,
    or court proceedings, the 1958 or 1965 farm base acreage shall be
    increased in the same proportion; and (iii) the past acreage of
    wheat for 1959 and any subsequent year except 1965 shall be the
    wheat acreage on the farm which is not in excess of the farm wheat
    acreage allotment, plus, in the case wheat acreage on the farm
    which is not in excess of wheat acreage allotment, the acreage
    diverted under such wheat allotment programs: Provided, That for
    1959 and subsequent years in the case of any farm on which the
    entire amount of the farm marketing excess is delivered to the
    Secretary or stored in accordance with applicable regulations to
    avoid or postpone payment of the penalty, the past acreage of wheat
    for the year in which such farm marketing excess is so delivered or
    stored shall be the farm base acreage of wheat determined for the
    farm under the regulations issued by the Secretary for determining
    farm wheat acreage allotments for such year, but if any part of the
    amount of wheat so stored is later depleted and penalty becomes due
    by reason of such depletion, for the purpose of establishing farm
    wheat acreage allotments subsequent to such depletion the past
    acreage of wheat for the farm for the year in which the excess was
    produced shall be reduced to the farm wheat acreage allotment for
    such year.
      (2) Notwithstanding any other provision of law, each old or new
    farm acreage allotment for the 1962 crop of wheat as determined on
    the basis of a minimum national acreage allotment of fifty-five
    million acres shall be reduced by 10 per centum. In the event
    notices of farm acreage allotments for the 1962 crop of wheat have
    been mailed to farm operators prior to the effective date of this
    subparagraph (2), new notices showing the required reduction shall
    be mailed to farm operators as soon as practicable.
      (3) Notwithstanding the provisions of paragraph (1) of this
    subsection, the past acreage of wheat for 1967 and any subsequent
    year shall be the acreage of wheat planted, plus the acreage
    regarded as planted, for harvest as grain on the farm which is not
    in excess of the farm acreage allotment.
      (4) Notwithstanding any other provision of this subsection (c),
    the farm acreage allotment for the 1967 and any subsequent crop of
    wheat shall be established for each old farm by apportioning the
    county wheat acreage allotment among farms in the county on which
    wheat has been planted, or is considered to have been planted, for
    harvest as grain in any one of the three years immediately
    preceding the year for which allotments are determined on the basis
    of past acreage of wheat and the farm acreage allotment for the
    year immediately preceding the year for which the allotment is
    being established, adjusted as hereinafter provided. For purposes
    of this paragraph, the acreage allotment for the immediately
    preceding year may be adjusted to reflect established crop-rotation
    practices, may be adjusted downward to reflect a reduction in the
    tillable acreage on the farm, and may be adjusted upward to reflect
    such other factors as the Secretary determines should be considered
    for the purpose of establishing a fair and equitable allotment:
    Provided, That (i) for the purposes of computing the allotment for
    any year, the acreage allotment for the farm for the immediately
    preceding year shall be decreased by 7 per centum if for the year
    immediately preceding the year for which such reduction is made
    neither a voluntary diversion program nor a voluntary certificate
    program was in effect and there was noncompliance with the farm
    acreage allotment for such year; (ii) for purposes of clause (i),
    any farm on which the entire amount of farm marketing excess is
    delivered to the Secretary, stored, or adjusted to zero in
    accordance with applicable regulations to avoid or postpone payment
    of the penalty when farm marketing quotas are in effect, shall be
    considered in compliance with the allotment, but if any part of the
    amount of wheat so stored is later depleted and penalty becomes due
    by reason of such depletion, the allotment for such farm next
    computed after determination of such depletion shall be reduced by
    reducing the allotment for the immediately preceding year by 7 per
    centum; and (iii) for purposes of clause (i) if the Secretary
    determines that the reduction in the allotment does not provide
    fair and equitable treatment to producers on farms following
    special crop rotation practices, he may modify such reduction in
    the allotment as he determines to be necessary to provide fair and
    equitable treatment to such producers.
    (d) Repealed. Pub. L. 89-321, title V, Sec. 501(6), Nov. 3, 1965,
      79 Stat. 1201
    (e) Increase in acreage allotments and marketing quotas for class
      II durum wheat
      If, with respect to the 1962 and 1963 crops of wheat, the
    Secretary determines that the acreage allotments of farms producing
    durum wheat are inadequate to provide for the production of a
    sufficient quantity of durum wheat to satisfy the demands therefor
    (but not including export demand involving a subsidy by, or a loss
    to, the Federal Government), he shall increase the farm marketing
    quotas and acreage allotments for such crop of wheat for farms
    located in counties in the States of North Dakota, Minnesota,
    Montana, South Dakota, and California, designated by the Secretary
    as counties which (1) are capable of producing durum wheat (class
    II), and (2) have produced such wheat for commercial food products
    during one or more of the five years immediately preceding the year
    in which such crop is harvested. The Secretary shall determine the
    percentage factor by which the average acreage of durum wheat
    (class II) produced during the last two-year period for which
    statistics are available (excluding any increases in durum wheat
    acreage as a result of increases in wheat acreage allotments
    authorized by this subsection) must be increased to satisfy such
    demand. The wheat acreage allotment for any farm established for
    such crop without regard to this subsection, after reduction in the
    case of the 1962 crop as required by subsection (c)(2) of this
    section (hereinafter referred to as the "original allotment"),
    shall be increased by an acreage computed by multiplying the
    average acreage of durum wheat (class II) on the farm during such
    two-year period (excluding any increase in the acreage of durum
    wheat as a result of an increase in the wheat acreage allotment for
    the farm authorized by this subsection) by such percentage factor:
    Provided, That such increased allotment shall not exceed the
    cropland on the farm well suited to wheat. The increase in the
    wheat acreage allotment for any farm shall be conditioned upon the
    production of an acreage of durum wheat (class II) at least equal
    to the average acreage of such wheat produced during such two-year
    period plus the number of acres by which the allotment is
    increased. Any increases in wheat acreage allotments authorized by
    this subsection shall be in addition to the National, State, and
    county wheat acreage allotments, and such increases shall not be
    considered in establishing future State, county, and farm
    allotments. The provisions of sections 1326(b) and 1340(6) of this
    title, relating to the reduction of the storage amount of wheat
    shall apply to the allotment for the farm established without
    regard to this subsection and not to the increased allotment under
    this subsection. As used in this subsection the term "durum wheat"
    means durum wheat (class II) other than the varieties known as
    "Golden Ball" and "Peliss". Any farm receiving an increased
    allotment under this subsection shall not be required as a
    condition of eligibility for price support, or permitted, to
    participate in the special 1962 wheat program formulated under
    section 124 of the Agricultural Act of 1961, or section 307 of the
    Food and Agriculture Act of 1962. The Secretary shall give growers
    and millers of durum wheat and manufacturers of semolina products
    an opportunity to present their views and recommendations, prior to
    making any determination hereunder.
    (f) Voluntary surrender of acreage allotment
      Any part of any 1955, 1956, or 1957 farm wheat acreage allotment
    on which wheat will not be planted and which is voluntarily
    surrendered to the county committee shall be deducted from the
    allotment to such farm and may be reapportioned by the county
    committee to other farms in the same county receiving allotments in
    amounts determined by the county committee to be fair and
    reasonable on the basis of past acreage of wheat tillable acres,
    crop rotation practices, type of soil, and topography. If all of
    the allotted acreage voluntarily surrendered is not needed in the
    county, the county committee may surrender the excess acreage to
    the State committee to be used for the same purposes as the State
    acreage reserve under subsection (c) of this section. Any allotment
    transferred under this provision shall be regarded for the purposes
    of subsection (c) of this section as having been planted on the
    farm from which transferred rather than on the farm to which
    transferred, except that this shall not operate to make the farm
    from which the allotment was transferred eligible for an allotment
    as having wheat planted thereon during the three-year base period:
    Provided, That notwithstanding any other provisions of law, any
    part of any 1955, 1956, or 1957 farm acreage allotment may be
    permanently released in writing to the county committee by the
    owner and operator of the farm, and reapportioned as provided
    herein. Acreage surrendered, reapportioned under this subsection,
    and planted shall be credited to the State and county in
    determining future acreage allotments.
    (g) Plantings in excess of allotments or where no allotment is
      established
      Notwithstanding any other provision of law, no acreage in the
    commercial wheat-producing area seeded to wheat for harvest as
    grain in 1958 or thereafter except 1965 in excess of acreage
    allotments shall be considered in establishing future State and
    county acreage allotments. The planting on a farm in the commercial
    wheat-producing area of wheat of the 1958 or any subsequent crop
    for which no farm wheat acreage allotment was established shall not
    make the farm eligible for an allotment as an old farm pursuant to
    the first sentence of subsection (c) of this section nor shall such
    farm by reason of such planting be considered ineligible for an
    allotment as a new farm under the second sentence of such
    subsection.
    (h) Omitted
    (i) Increase in acreage allotments for any kind of wheat in short
      supply; storage reduction and land-use provisions inapplicable to
      such wheat
      If, with respect to any crop of wheat, the Secretary finds that
    the acreage allotments of farms producing any type of wheat are
    inadequate to provide for the production of a sufficient quantity
    of such type of wheat to satisfy the demand therefor, the wheat
    acreage allotment for such crop for each farm located in a county
    designated by the Secretary as a county which (1) is capable of
    producing such type of wheat, and (2) has produced such type of
    wheat for commercial food products during one or more of the five
    years immediately preceding the year in which such crop is
    harvested, shall be increased by such uniform percentage as he
    deems necessary to provide for such quantity. No increase shall be
    made under this subsection in the wheat acreage allotment of any
    farm for any crop if any wheat other than such type of wheat is
    planted on such farm for such crop. Any increases in wheat acreage
    allotments authorized by this subsection shall be in addition to
    the National, State, and county wheat acreage allotments, and such
    increases shall not be considered in establishing future State,
    county, and farm allotments. The provisions of sections 1326(b) and
    1340(6) of this title, relating to the reduction of the storage
    amount of wheat shall apply to the allotment for the farm
    established without regard to this subsection and not to the
    increased allotment under this subsection. The land-use provisions
    of section 1339 of this title shall not be applicable to any farm
    receiving an increased allotment under this subsection and the
    producers on such farms shall not be required to comply with such
    provisions as a condition of eligibility for price support.
    (j) Increased durum wheat acreage allotments to Tulelake area,
      California, for 1970 and subsequent years; factors determinative;
      effect of increased allotments on marketing allocations and
      diversion payments
      Notwithstanding any other provision of this chapter, the
    Secretary shall increase the acreage allotments for the 1970 and
    subsequent crops of wheat for privately owned farms in the
    irrigable portion of the area known as the Tulelake division of the
    Klamath project of California located in Modoc and Siskiyou
    Counties, California, as defined by the United States Department of
    the Interior, Bureau of Reclamation, and hereinafter referred to as
    the area. The increase for the area for each such crop shall be
    determined by adding, to the extent applications are made therefor,
    to the total allotments established for privately owned farms in
    the area for the particular crop without regard to this subsection
    (hereinafter referred to as the original allotments) an acreage
    sufficient to make available for each such crop a total allotment
    of twelve thousand acres for the area. The additional allotments
    made available by this subsection shall be in addition to the
    National, State, and county allotments otherwise established under
    this section, and the acreage planted to wheat pursuant to such
    increases in allotments shall not be taken into account in
    establishing future State, county, and farm acreage allotments
    except as may be desirable in providing increases in allotments for
    subsequent years under this subsection for the production of Durum
    (!1) wheat. The Secretary shall apportion the additional allotment
    acreage made available under this subsection between Modoc and
    Siskiyou Counties on the basis of the relative needs for additional
    allotments for the portion of the area in each county. The
    Secretary shall allot such additional acreage to individual farms
    in the area for which applications for increased acreages are made
    on the basis of tillable acres, crop rotation practices, type of
    soil and topography, and the original allotment for the farm, if
    any. The increase in the wheat acreage allotment for any farm under
    this subsection (1) shall not be taken into account in computing
    the farm wheat marketing allocation under section 1379b of this
    title, and (2) shall be conditioned upon the production of Durum
    (!1) wheat on the original allotment and on the increased acreage.
    The producers on a farm receiving an increased allotment under this
    subsection shall not be eligible for diversion payments under
    section 1339 of this title.

    (k) Transfer of farm wheat acreage allotments in case of natural
      disasters
      Notwithstanding any other provision of this chapter, if the
    Secretary determines that because of a natural disaster a portion
    of the farm wheat acreage allotments in a county cannot be timely
    planted or replanted, he may authorize the transfer of all or a
    part of the wheat acreage allotment for any farm in the county so
    affected to another farm in the county or in an adjoining county on
    which one or more of the producers on the farm from which the
    transfer is to be made will be engaged in the production of wheat
    and will share in the proceeds thereof, in accordance with such
    regulations as the Secretary may prescribe. Any farm allotment
    transferred under this subsection shall be deemed to be planted on
    the farm from which it was transferred for the purposes of acreage
    history credits under this chapter.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 334, 52 Stat. 53; Apr. 7,
    1938, ch. 107, Sec. 7, 52 Stat. 203; Feb. 6, 1942, ch. 44, Sec. 2,
    56 Stat. 52; July 14, 1953, ch. 194, Sec. 1, 67 Stat. 151; Jan. 30,
    1954, ch. 2, Sec. 4, 68 Stat. 6; Aug. 28, 1954, ch. 1041, title
    III, Sec. 308, 68 Stat. 903; Feb. 19, 1955, ch. 8, 69 Stat. 9; Mar.
    16, 1956, ch. 86, 70 Stat. 50; May 28, 1956, ch. 327, title III,
    Sec. 301, 70 Stat. 203; Aug. 7, 1956, ch. 1030, Sec. 2, 70 Stat.
    1117; Pub. L. 85-13, Apr. 2, 1957, 71 Stat. 10; Pub. L. 85-203,
    Sec. 2, Aug. 28, 1957, 71 Stat. 477; Pub. L. 85-366, Apr. 4, 1958,
    72 Stat. 78; Pub. L. 85-390, May 1, 1958, 72 Stat. 101; Feb. 16,
    1938, ch. 30, title III, Sec. 378(d), as added Pub. L. 85-835,
    title V, Sec. 501, Aug. 28, 1958, 72 Stat. 996; Pub. L. 86-385,
    Feb. 20, 1960, 74 Stat. 4; Pub. L. 86-419, Apr. 9, 1960, 74 Stat.
    39; Pub. L. 87-128, title I, Secs. 121, 125, Aug. 8, 1961, 75 Stat.
    296, 300; Pub. L. 87-357, Oct. 4, 1961, 75 Stat. 778; Pub. L. 87-
    703, title III, Secs. 308(a), 313, Sept. 27, 1962, 76 Stat. 618,
    620; Pub. L. 88-64, July 17, 1963, 77 Stat. 79; Pub. L. 88-297,
    title II, Sec. 202(1)-(5), Apr. 11, 1964, 78 Stat. 178, 179; Pub.
    L. 89-321, title V, Sec. 501(3)-(7), Nov. 3, 1965, 79 Stat. 1199-
    1201; Pub. L. 90-243, Jan. 2, 1968, 81 Stat. 781; Pub. L. 91-220,
    Mar. 31, 1970, 84 Stat. 86; Pub. L. 99-198, title III, Sec. 304,
    Dec. 23, 1985, 99 Stat. 1379.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 124 of the Agricultural Act of 1961, referred to in
    subsec. (e), is section 124 of Pub. L. 87-128 which was set out
    below.
      Section 307 of the Food and Agriculture Act of 1962, referred to
    in subsec. (e), is section 307 of Pub. L. 87-703 which was set out
    below.

-COD-
                               CODIFICATION                           
      For omission of subsec. (h), see 1963 Amendment note below.

-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-198, in amending section generally, temporarily
    substituted "Farm marketing quotas" for "Apportionment of national
    acreage allotment" in section catchline. See Effective and
    Termination Dates of 1985 Amendment note below.
      Subsec. (a). Pub. L. 99-198 amended subsec. (a) generally,
    temporarily substituting provisions requiring the Secretary to
    establish, for each crop of wheat for which a national marketing
    quota under section 1332 of this title has been proclaimed, a farm
    marketing quota for each farm on which wheat was planted, or
    considered planted, for harvest during the base period for
    provisions which required the Secretary to apportion the national
    acreage allotment for wheat, less a national acreage reserve and a
    special reserve which were provided for herein, among the States on
    the basis of each State's allotment for the preceding year,
    adjusted to the extent deemed necessary by the Secretary to
    establish a fair and equitable apportionment base for each State.
    See Effective and Termination Dates of 1985 Amendment note below.
      Subsec. (b). Pub. L. 99-198 amended subsec. (b) generally,
    temporarily substituting provisions establishing a formula for
    determination of the farm marketing quota for provisions which
    required the Secretary to apportion each State's acreage allotment
    for wheat among the counties of the State, less a reserve not to
    exceed 3 per centum thereof, on the basis of the preceding year's
    wheat allotment in each such county, adjusted to the extent deemed
    necessary by the Secretary in order to establish a fair and
    equitable apportionment base for each county. See Effective and
    Termination Dates of 1985 Amendment note below.
      Subsec. (c). Pub. L. 99-198 amended subsec. (c) generally,
    temporarily substituting provisions defining the circumstances
    under which wheat shall be considered to have been planted for
    harvest on the farm in any crop year for provisions relating to the
    apportionment among farms of each county's allotment under this
    section. See Effective and Termination Dates of 1985 Amendment note
    below.
      Subsec. (d). Pub. L. 99-198, in amending section generally,
    temporarily added subsec. (d).
      Subsecs. (e) to (k). Pub. L. 99-198, in amending section
    generally, temporarily struck out subsecs. (e) to (k) as follows:
        Subsec. (e) related to increase in acreage allotments and
      marketing quotas for class II durum wheat.
        Subsec. (f) related to voluntary surrender of acreage
      allotments for 1955, 1956, and 1957 crops of wheat.
        Subsec. (g) related to plantings in excess of allotments or
      where no allotment was established, in the case of 1958 and
      subsequent crops of wheat.
        Subsec. (h). There is no subsec. (h) for 1964 and subsequent
      crop years. Subsec. (h) was omitted pursuant to the 1963
      amendment to this section by Pub. L. 88-64. See 1963 Amendments
      note set out under this section.
        Subsec. (i) related to an increase in acreage allotments for
      any kind of wheat in short supply, and enumerated provisions of
      law inapplicable to such wheat.
        Subsec. (j) related to increased durum wheat acreage allotments
      to the Tulelake area in California for 1970 and subsequent crops
      of wheat.
        Subsec. (k) related to transfer of farm wheat acreage
      allotments in case of natural disasters.
    See Effective and Termination Dates of 1985 Amendment note below.
      1970 - Subsec. (j). Pub. L. 91-220 removed the 1963 deadline on
    the Secretary's power to increase acreage allotments, empowering
    him to do so for the 1970 and subsequent wheat crops, made the area
    increase for each crop determinable, among other factors, by the
    extent to which applications are received therefor, removed
    requirement that acreage planted to wheat pursuant to increased
    allotments be considered in establishing future state, county and
    farm acreage allotments except where such consideration may be
    desirable in providing increased allotments for production of Durum
    wheat in subsequent years, conditioned wheat acreage allotments
    upon the production of Durum wheat on the original and increased
    acreage allotment, prohibited consideration of the increased
    acreage allotment in computing the farm wheat marketing allocation
    under section 1379b of this title, made producers on farms
    receiving increased allotments ineligible for diversion payments
    under section 1339 of this title, and struck out provisions
    prohibiting such producers from receiving price support, provisions
    making land use rules of section 1339 of this title inapplicable to
    farms receiving additional allotments, and provisions relating to
    1962 and 1963 wheat crops.
      1968 - Subsec. (a). Pub. L. 90-243 inserted provisions allowing
    the Secretary to make additional use, with specified limitations,
    of the 1 percent national wheat acreage allotment reserve in
    counties which have wheat as the principal grain crop, an average
    ratio of wheat acreage allotment to cropland on old wheat farms at
    least 20 percent below that in an adjoining county or alternative
    ratio, a low ratio caused by a shift prior to 1951 from wheat to an
    alternative crop or crops which have become unprofitable because of
    plant disease or sustained loss of markets, and no alternative
    income-producing crop.
      1965 - Subsec. (a). Pub. L. 89-321, Sec. 501(3), substituted the
    preceding year's allotment for the acreage seeded for the
    production of wheat over the preceding ten-year period as the basis
    for determining the state's apportioned share of the national
    acreage allotment and made provision for a special acreage reserve
    to be apportioned only to counties where wheat is a major income-
    producing crop.
      Subsec. (b). Pub. L. 89-321, Sec. 501(4), substituted the
    county's allotment covering the preceding year for the acreage
    seeded for the production of wheat during the ten calendar years
    immediately preceding the calendar year in which the national
    acreage allotment is determined as the basis for determining the
    county's allotment.
      Subsec. (c)(3), (4). Pub. L. 89-321, Sec. 501(5), added pars. (3)
    and (4).
      Subsec. (d). Pub. L. 89-321, Sec. 501(6), repealed subsec. (d)
    dealing with farms on which the entire amount of the farm marketing
    excess has been delivered to the Secretary or stored in accordance
    with applicable provisions.
      Subsec. (g). Pub. L. 89-321, Sec. 501(7), struck out "except as
    prescribed in the provisos to the first sentence of subsections (a)
    and (b) respectively of this section" after "county acreage
    allotments."
      1964 - Subsec. (a). Pub. L. 88-297, Sec. 202(1), provided (1) for
    the apportionment among the States of the national acreage
    allotment for wheat less the special acreage reserve; (2) that in
    establishing State acreage allotments, the acreage seeded for the
    production of wheat plus the acreage diverted for 1965 for any farm
    shall be the base acreage of wheat determined for the farm under
    regulations for determining farm wheat acreage allotments for 1965;
    and (3) beginning with the 1965 crop, a special acreage reserve and
    uses of such reserve and apportionment to counties of such reserve.
      Subsec. (b). Pub. L. 88-297, Sec. 202(2), provided that in
    establishing county acreage allotments, the acreage seeded for the
    production of wheat plus the acreage diverted for 1965 for any farm
    shall be the base acreage of wheat determined for the farm under
    regulations for determining farm wheat acreage allotments for 1965.
      Subsec. (c)(1). Pub. L. 88-297, Sec. 202(3), inserted in third
    sentence, cls. (i) and (ii), "or 1965" after "1958" wherever
    appearing and in third sentence, cl. (iii), "except 1965" after
    "any subsequent year."
      Subsec. (g). Pub. L. 88-297, Sec. 202(4), inserted in first
    sentence "except 1965" after "in 1958 or thereafter".
      Subsec. (k). Pub. L. 88-297, Sec. 202(5), added subsec. (k).
      1963 - Subsec. (h). There is no subsec. (h) for 1964 and
    Subsequent Wheat Crops. Pub. L. 87-703, Sec. 313(2), redesignated
    former subsec. (i) (so designated through the 1963 Wheat Crop) as
    (h). Pub. L. 88-64, Sec. 1(a), redesignated former subsec. (i) (so
    designated through the 1963 Wheat Crop) as (j).
      Subsec. (i). Pub. L. 88-64, Sec. 1(a), redesignated former
    subsec. (i) (so designated through the 1963 Wheat Crop) as (j).
    Pub. L. 87-703, Sec. 313(4), added subsec. (i) (effective with the
    1964 Wheat Crop). See 1962 Amendment note hereunder.
      Subsec. (j). Pub. L. 88-64 redesignated former subsec. (i) (so
    designated through the 1963 Wheat Crop) as (j), inserted "privately
    owned" before "farms" in first and second sentences and increased
    from eight to twelve thousand acres the total acreage allotment for
    each crop.
      1962 - Subsec. (e). Pub. L. 87-703, Secs. 308(a), 313(1),
    inserted provision respecting participation in the special wheat
    program formulated under section 307 of the Food and Agriculture
    Act of 1962 and substituted "the 1962 and 1963 crops" for "any of
    the 1962, 1963, and 1964 crops", respectively.
      Subsec. (g). Pub. L. 87-703, Sec. 313(2), redesignated former
    subsec. (h) as (g). Former subsec. (g), which related to weather
    conditions, underplanting, and subnormal production affecting
    acreage allotments, was repealed by such section 313(2). See
    section 1377 of this title.
      Subsec. (h). Pub. L. 87-703, Sec. 313 (2), (3), redesignated
    former subsec. (i) as (h) and inserted the sentence "The land-use
    provisions of section 1339 of this title shall not be applicable to
    any farm receiving an additional allotment under this subsection."
    Former subsec. (h) redesignated (g). See Effective Date of 1962
    Amendment note below making the changes effective with the 1964
    Wheat Crop. Pub. L. 88-64, Sec. 1(a), redesignated former subsec.
    (i) (so designated through the 1963 Wheat Crop) as (j). There is no
    subsec. (h) for 1964 and Subsequent Wheat Crops. See 1963 Amendment
    note above.
      Subsec. (i). Pub. L. 87-703, Sec. 313(4), added subsec. (i).
    Former subsec. (i) redesignated (h).
      1961 - Subsec. (c). Pub. L. 87-128, Sec. 121, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (e). Pub. L. 87-128, Sec. 125, authorized the Secretary
    to increase durum wheat acreage allotment during 1962, 1963, and
    1964 crops of wheat when he determines that acreage allotments
    established for durum wheat farms will be inadequate to produce a
    sufficient quantity of durum wheat to meet demand therefor, not
    including export demand involving a subsidy by or loss to the
    Federal Government, by such percentage factor as is determined to
    be necessary to provide for the increase in quantity the increase
    not to exceed the cropland on the farm well suited to wheat and to
    be conditioned upon the production of an acreage of durum wheat
    (class II) at least equal to the average acreage of such wheat
    produced during prescribed two-year period plus the number of acres
    by which the allotment is increased, provided that any farm
    receiving an increased durum wheat allotment shall not be required
    as a condition of price support, or permitted, to participate in
    the special 1962 wheat diversion program, and required the
    Secretary to become familiar with the views and recommendations of
    durum wheat grower and millers and manufacturers of semolina
    products prior to making any determinations. Former provisions of
    the subsection related to increase in allotment for durum wheat
    farms for 1957 crop of wheat, conditioned upon the production of
    durum wheat (class II) on the increased acreage and determined by
    adding to the allotment established without regard to subsec. (e)
    an acreage equal to the acreage by which the original allotment
    exceeded the 1957 acreage on the farm of classes of wheat other
    than durum wheat (class II), but not exceeding the smaller of the
    cropland on the farm well suited to wheat or the wheat acreage on
    the farm.
      Subsec. (i). Pub. L. 87-357 substituted "1958 through 1963" for
    "1958 through 1961", and excluded from any general reduction in
    farm acreage allotments or farm acreage diversion program for the
    1962 or 1963 wheat crop, the farms for which acreage allotments are
    increased under the provisions hereof, unless such reduction is
    specifically made applicable.
      1960 - Subsec. (d). Pub. L. 86-419 added subsec. (d).
      Subsec. (i). Pub. L. 86-385 substituted "1958 through 1961" for
    "1958 and 1959".
      1958 - Subsec. (a). Pub. L. 85-366, Sec. 1(1), inserted proviso
    that in establishing State acreage allotments acreage seeded plus
    acreage diverted for 1959 and subsequent years for farm on which
    entire marketing excess is delivered to Secretary or stored to
    avoid penalty shall be base acreage determined for farm by
    Secretary's regulations for such year, but if such stored wheat is
    subsequently depleted, resulting in penalty, farm's seeded plus
    diverted acreage for year excess was produced shall be reduced to
    acreage allotment for such year.
      Subsec. (b). Pub. L. 85-366, Sec. 1(2), inserted proviso that in
    establishing county acreage allotments acreage seeded plus acreage
    diverted for 1959 and subsequent years for farm on which entire
    marketing excess is delivered to Secretary or stored to avoid
    penalty shall be base acreage determined for farm by Secretary's
    regulations for such year, but if such stored wheat is subsequently
    depleted, resulting in penalty, farm's seeded plus diverted acreage
    for year excess was produced shall be reduced to acreage for such
    year.
      Subsec. (c). Pub. L. 85-366, Sec. 1(3), inserted sentence
    relating to establishment of farm acreage allotment for 1958 and
    past acreage for 1959 and subsequent years, with the proviso that
    for 1959 and subsequent years, any farm on which entire marketing
    excess is delivered to Secretary or stored to avoid penalty, the
    past acreage for the year of delivery or storage shall be the base
    acreage determined for farm by Secretary's regulations for such
    year, but if such stored wheat is subsequently depleted, resulting
    in penalty, past acreage of wheat for year excess was produced
    shall be reduced to farm allotment for such year.
      Subsec. (d). Act Feb. 16, 1938, Sec. 378(d), as added by Pub. L.
    85-835, repealed subsec. (d) which related to adjustment of
    allotment upon acquisition of part of farms by United States for
    defense.
      Subsec. (h). Pub. L. 85-366, Sec. 1(4), substituted "future State
    and county acreage allotments except as prescribed in the provisos
    to the first sentence of subsections (a) and (b), respectively, of
    this section" for "future State, county, and farm acreage
    allotments".
      Subsec. (i). Pub. L. 85-390 added subsec. (i).
      1957 - Subsec. (e). Pub. L. 85-13 substituted "1957" for "1956"
    in two places, substituted "1952 through 1956" for "1951 through
    1955", prohibited increase of acreage allotment under subsec. (e)
    by more than 60 acres, inserted clause providing for fixing "farm
    acreage allotment" as allotment established without regard to
    subsec. (e) and clause providing for counting each acre planted to
    durum wheat as one-half acre of wheat for application of section
    1821(a)(1) of this title, and inserted provision that "wheat
    acreage on the farm" includes acreage in the wheat acreage report.
      Subsec. (h). Pub. L. 85-203 added subsec. (h).
      1956 - Subsec. (e). Act Mar. 16, 1956, extended increased durum
    allotment to the 1956 crop and to certain counties in California,
    shortened the production history from 10 to 5 years and advanced it
    1 year to include 1955, and made increased durum allotment
    dependent upon reduced planting of other wheat.
      Subsec. (f). Act May 28, 1956, substituted "1955, 1956, or 1957"
    for "1955", in two places.
      Subsec. (g). Act Aug. 7, 1956, added subsec. (g).
      1955 - Subsec. (e). Act Feb. 19, 1955, removed for 1955,
    requirements restricting increased acreage allotments to producers
    who devote a normal share of their original allotment to durum and
    who have produced durum in 1 or more of the preceding 3 years.
      1954 - Subsec. (e). Act Jan. 30, 1954, added subsec. (e).
      Subsec. (f). Act Aug. 28, 1954, added subsec. (f).
      1953 - Subsec. (a). Act July 14, 1953, provided a reserve of up
    to 1 percent of the national acreage allotment for counties in
    which new areas have come into production.
      Subsec. (b). Act July 14, 1953, provided for a 3 percent reserve
    of State acreage allotments for new farms.
      Subsec. (c). Act July 14, 1953, recognized the use of past
    acreage as a factor in making farm allotments and placed the
    reserves for new farms on a State basis instead of a county basis.
      Subsec. (d). Act July 14, 1953, made the provision relating to
    farms acquired for national-defense purposes apply to farms
    acquired in 1950 or thereafter instead of 1940 or thereafter.
      1942 - Subsec. (d). Act Feb. 6, 1942, added subsec. (d).
      1938 - Subsec. (b). Act Apr. 7, 1938, struck out "net" before
    "acreage diverted" from parenthetical provision.

             EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT         
      Section 304 of Pub. L. 99-198 provided that the amendment made by
    that section is effective only for 1987 through 1990 crops of
    wheat.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Amendment by Pub. L. 89-321 effective beginning with crop planted
    for harvest in calendar year 1966, see section 501 of Pub. L. 89-
    321, set out as a note under section 1332 of this title.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by section 313 of Pub. L. 87-703 effective only with
    respect to programs applicable to crops planted for harvest in
    calendar year 1964 or any subsequent year and marketing years
    beginning in calendar year 1964, or any subsequent year, see
    section 323 of Pub. L. 87-703, set out as a note under section 1301
    of this title.

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Act Aug. 7, 1956, provided that the amendment made by that act is
    effective beginning with 1957 crop of wheat.

                     EFFECTIVE DATE OF 1955 AMENDMENT                 
      Act Feb. 19, 1955, provided that the amendment made by that act
    is effective beginning with 1955 crop of wheat.

                     EFFECTIVE DATE OF 1953 AMENDMENT                 
      Section 5 of act July 14, 1953, provided that: "Sections 1, 2,
    and 3 of this Act [amending this section and sections 1339 and 1340
    of this title] shall become effective with respect to the 1954 and
    subsequent crops of wheat."

                             SAVINGS PROVISION                         
      Transfer or reassignment of allotment as remaining in effect and
    ineligibility of displaced farm owner for additional allotment
    notwithstanding repeal of subsec. (d), see note set out under
    section 1378 of this title.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.
      Section inapplicable to 1986 crop of wheat, see section 310(a) of
    Pub. L. 99-198, set out as a note under section 1332 of this title.
      Section inapplicable to 1982 through 1985 crops of wheat, see
    section 303 of Pub. L. 97-98, set out as a note under section 1331
    of this title.
      Section inapplicable to 1978 through 1981 crops of wheat, see
    section 404 of Pub. L. 95-113, set out as a note under section 1331
    of this title.
      Pub. L. 91-524, title IV, Sec. 404(2), Nov. 30, 1970, 84 Stat.
    1366, as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87
    Stat. 229, provided that this section is not applicable to 1972
    through 1977 crops of wheat.

              FARM ACREAGE ALLOTMENTS FOR 1966 CROP OF WHEAT          
      Section 512 of Pub. L. 89-321 required the national, State,
    county, and farm acreage allotments for 1966 crop of wheat to be
    established in accordance with the provisions of law in effect
    prior to Nov. 3, 1965.

                    1963 DIVERTED WHEAT ACREAGE PROGRAM                
      Section 307 of Pub. L. 87-703 provided that payments were
    authorized to be made in cash or wheat by the Commodity Credit
    Corporation to producers on any farm, except farms with new farm
    wheat allotments, if marketing quotas were in effect for the 1963
    wheat crop, if they diverted certain acreage from wheat production,
    and if they devoted such acreage to conservation uses; that such
    acreage was to be in addition to acreage diverted to conservation
    uses for which payment was made under other federal programs
    although cost-sharing payments under the agricultural conservation
    program or the Great Plains program were not precluded; that
    advance payments up to fifty per cent could be made; that wheat
    stored to avoid a marketing quota penalty was not to be released
    for underplanting based on such diverted acreage; that the
    Secretary could promulgate regulations; and that the Commodity
    Credit Corporation could use its capital funds and assets to make
    payments.

     APPLICABILITY OF 1963 DIVERTED WHEAT ACREAGE PROGRAM TO INCREASED
                              ALLOTMENT FARMS
      Section 308(b) of Pub. L. 87-703 provided that the special wheat
    program formulated under section 307 of Pub. L. 87-703 [set out
    above] was not applicable to any farm receiving an additional
    acreage allotment for wheat in short supply under section 334(i) of
    the Agricultural Adjustment Act of 1938, as amended [subsec. (i) of
    this section].

                    1962 DIVERTED WHEAT ACREAGE PROGRAM                
      Section 124 of Pub. L. 87-128, as amended by Pub. L. 87-410, Mar.
    3, 1962, 76 Stat. 19; Pub. L. 87-451, Secs. 1-3, May 15, 1962, 76
    Stat. 70, provided that producers on any farm, except farms with a
    new farm wheat allotment, were entitled to payments if marketing
    quotas were in effect for the 1962 wheat crop, if they diverted
    certain acreage from wheat production, and if such diverted acreage
    were devoted to conservation uses; that the payments were to be
    made by the Commodity Credit Corporation in cash or wheat and
    computed as therein provided; that additional acreage could be
    diverted and payments made with respect thereto; that any diverted
    acreage was to be in addition to acreage diverted for conservation
    uses for which payment is made under any other federal program
    except that cost-sharing payments under the agricultural
    conservation program or the Great Plains program were not
    precluded; that advance payments up to 50 per cent could be made;
    that wheat stored to avoid a marketing quota penalty was not to be
    released for underplanting based on such diverted acreage; that the
    Secretary could promulgate regulations; and that the Commodity
    Credit Corporation could use its capital funds and assets to make
    payments.

                      ACREAGE ALLOTMENT FOR 1954 CROP                  
      Section 4(a) of act July 14, 1953, provided that the National
    acreage allotment for 1954 crop of wheat shall not be less than
    sixty-two million acres.

                      ACREAGE ALLOTMENT FOR 1950 CROP                  
      Section 5 of act Aug. 29, 1949, ch. 518, 63 Stat. 677, provided
    that the farm acreage allotment of wheat for 1950 crop for any farm
    was not to be less than the larger of - 
        (A) 50 per centum of - 
          (1) the acreage on the farm seeded for the production of
        wheat in 1949, and
          (2) any other acreage seeded for the production of wheat in
        1948 which was fallowed and from which no crop was harvested in
        the calendar year 1949, or
        (B) 50 per centum of - 
          (1) the acreage on the farm seeded for the production of
        wheat in 1948, and
          (2) any other acreage seeded for the production of wheat in
        1947 which was fallowed and from which no crop was harvested in
        the calendar year 1948,
    adjusted in the same ratio as the national average seedings for the
    production of wheat during the ten calendar years 1939-1948
    (adjusted as provided by this chapter) bore to the national acreage
    allotment for wheat for the 1950 crop: Provided, That no acreage
    was to be included under (A) or (B) which the Secretary, by
    appropriate regulations, determined would become an undue erosion
    hazard under continued farming. To the extent that the allotment to
    any county was insufficient to provide for such minimum farm
    allotments, the Secretary was to allot such county such additional
    acreage (which was to be in addition to the county, State, and
    national acreage allotments otherwise provided for under the
    Agricultural Adjustment Act of 1938, as amended [this chapter]) as
    was necessary in order to provide for such minimum farm allotments.

                     EMERGENCY FARM ACREAGE ALLOTMENT                 
      Act Feb. 28, 1945, ch. 15, 59 Stat. 9, provided for farm acreage
    allotment during national emergency proclaimed by the President on
    Sept. 8, 1939, and May 27, 1941. Such emergencies terminated on
    July 25, 1947, by the provisions of Joint Res. July 25, 1947, ch.
    327, Sec. 3, 61 Stat. 451.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

-End-

-CITE-
    7 USC Sec. 1334a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1334a. Omitted

-COD-
                               CODIFICATION                           
      Section, act Aug. 28, 1954, ch. 1041, title III, Sec. 314, 68
    Stat. 905, related to 1955 wheat acreage allotment in areas where a
    summer fallow crop rotation of wheat was a common practice.

-End-

-CITE-
    7 USC Sec. 1334a-1                                          01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1334a-1. Summer fallow farms; upper limit on required set
      aside acreage for 1971 through 1977 wheat, feed grain, and cotton
      crops

-STATUTE-
      Notwithstanding any other provision of law, for the 1971 through
    1977 crops of wheat, feed grains and cotton, if in any year at
    least 55 per centum of the cropland acreage on an established
    summer fallow farm is devoted to a summer fallow use, no further
    acreage shall be required to be set aside under the wheat, feed
    grain and cotton programs for such year.

-SOURCE-
    (Pub. L. 91-524, title IV, Sec. 410, Nov. 30, 1970, 84 Stat. 1367;
    Pub. L. 93-86, Sec. 1(17), Aug. 10, 1973, 87 Stat. 230.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Agricultural Act of 1970, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1973 - Pub. L. 93-86 substituted "1971 through 1977" for "1971,
    1972, and 1973".

-End-

-CITE-
    7 USC Sec. 1334b                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1334b. Designation of States outside commercial wheat-
      producing areas

-STATUTE-
      If the acreage allotment for any State for any crop of wheat is
    twenty-five thousand acres or less, the Secretary, in order to
    promote efficient administration of this chapter and the
    Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], may designate
    such State as outside the commercial wheat-producing area for the
    marketing year for such crop. If such State is so designated,
    acreage allotments for such crop and marketing quotas for the
    marketing year therefor shall not be applicable to any farm in such
    State. Acreage allotments in any State shall not be increased by
    reason of such designation.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 334a, as added Pub. L. 87-
    703, title III, Sec. 314, Sept. 27, 1962, 76 Stat. 620.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Act of 1949, referred to in text, is act Oct.
    31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified
    principally to chapter 35A (Sec. 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.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective only with respect to programs applicable to
    crops planted for harvest in calendar year 1964 or any subsequent
    year and marketing years beginning in calendar year 1964, or any
    subsequent year, see section 323 of Pub. L. 87-703, set out as an
    Effective Date of 1962 Amendment note under section 1301 of this
    title.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.

-End-

-CITE-
    7 USC Sec. 1335                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1335. Small-farm exemption; small-farm base acreage; election;
      acreage allotment; land-use provisions; price support; wheat
      marketing certificates

-STATUTE-
      Notwithstanding any other provision of this subpart, no farm
    marketing quota for any crop of wheat shall be applicable to any
    farm with a farm acreage allotment of less than fifteen acres if
    the acreage of such crop of wheat does not exceed the small-farm
    base acreage determined for the farm, unless the operator elects in
    writing on a form and within the time prescribed by the Secretary
    to be subject to the farm acreage allotment and marketing quota.
    The small-farm base acreage for a farm shall be the smaller of (A)
    the average acreage of the crop of wheat planted for harvest in the
    three years 1959, 1960, and 1961, or such later three-year period,
    excluding 1963, determined by the Secretary to be representative,
    with adjustments for abnormal weather conditions, established crop-
    rotation practices on the farm, and such other factors as the
    Secretary determines should be considered for the purpose of
    establishing a fair and equitable small-farm base acreage, or (B)
    fifteen acres. The acreage allotment for any farm shall be the
    larger of (1) the small-farm base acreage determined as provided
    above on the basis of the three-year period 1959-1961, reduced by
    the same percentage by which the national acreage allotment for the
    crop is reduced below fifty-five million acres, or (2) the acreage
    allotment determined without regard to (1) above. If the operator
    of any such farm fails to make such election with respect to any
    crop of wheat, (i) for the purposes of section 1340 of this title,
    the farm acreage allotment for such crop of wheat shall be deemed
    to be the larger of (A) the small-farm base acreage or (B) the
    acreage allotment for the farm, (ii) the land-use provisions of
    section 1339 of this title shall be inapplicable to the farm, (iii)
    such crop of wheat shall not be eligible for price support, and
    (iv) wheat marketing certificates applicable to such crop shall not
    be issued with respect to the farm. The additional acreage required
    to provide acreage allotments for farms based upon small-farm base
    acreages under this section shall be in addition to National,
    State, and county acreage allotments. This section shall not be
    applicable to the crops planted for harvest in 1967 and subsequent
    years.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 335, 52 Stat. 54; July 26,
    1939, ch. 379, 53 Stat. 1126; June 6, 1940, ch. 237, 54 Stat. 232;
    July 3, 1948, ch. 827, title II, Secs. 204(a), 62 Stat. 1256; Aug.
    28, 1954, ch. 1041, title III, Sec. 309, 68 Stat. 903; Pub. L. 85-
    203, Sec. 1, Aug. 28, 1957, 71 Stat. 477; Pub. L. 87-128, title I,
    Sec. 122(e), Aug. 8, 1961, 75 Stat. 297; Pub. L. 87-703, title III,
    Sec. 315, Sept. 27, 1962, 76 Stat. 621; Pub. L. 89-321, title V,
    Sec. 501(8), Nov. 3, 1965, 79 Stat. 1201; Pub. L. 99-198, title
    III, Sec. 305, Dec. 23, 1985, 99 Stat. 1380.)

-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-198 amended section generally, temporarily
    substituting provisions relating to marketing penalties for
    provisions for small-farm exemptions from marketing quotas. See
    Effective and Termination Dates of 1985 Amendment note below.
      1965 - Pub. L. 89-321 made section inapplicable to crops planted
    for harvest in 1967 and subsequent years.
      1962 - Pub. L. 87-703 substituted provisions for small-farm
    exemption from marketing quotas for provisions of subsecs. (a),
    (b), (c), (e), and (f), respecting the establishment of marketing
    quotas, the amount of national and farm marketing quotas,
    designation of States outside commercial wheat-producing areas (now
    covered by section 1334b of this title), and feed wheat exemption
    permitting any producer to harvest up to 30 acres of wheat without
    penalty if the entire crop is used on the farm where produced.
      1961 - Subsec. (d). Pub. L. 87-128 repealed subsec. (d) which
    provided that no farm marketing quota with respect to wheat shall
    be applicable in any marketing year to any farm on which the normal
    production of the acreage planted to wheat of the current crop is
    less than 200 bushels.
      1957 - Subsec. (f). Pub. L. 85-203 added subsec. (f).
      1954 - Subsec. (a). Act Aug. 28, 1954, Sec. 309(a), substituted
    "May 15" for "July 1".
      Subsec. (e). Act Aug. 28, 1954, Sec. 309(b), added subsec. (e).
      1948 - Subsec. (a). Act July 3, 1948, changed conditions which
    must be determined by the Secretary to exist before marketing
    quotas can be imposed.
      1940 - Subsec. (d). Act June 6, 1940, substituted "two hundred"
    for "one hundred".

             EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT         
      Section 305 of Pub. L. 99-198 provided that the amendment made by
    that section is effective only for 1987 through 1990 crops of
    wheat.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Amendment by Pub. L. 89-321 effective beginning with the crop
    planted for harvest in calendar year 1966, see section 501 of Pub.
    L. 89-321, set out as a note under section 1332 of this title.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-703 effective only with respect to
    programs applicable to crops planted for harvest in calendar year
    1964 or any subsequent year and marketing years beginning in
    calendar year 1964, or any subsequent year, see section 323 of Pub.
    L. 87-703, set out as a note under section 1301 of this title.

                     EFFECTIVE DATE OF 1961 AMENDMENT                 
      Section 122(e) of Pub. L. 87-128 provided that the amendment made
    by that section is effective with 1962 crop of wheat.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act July 3, 1948, effective Jan. 1, 1950, see
    section 303 of act July 3, 1948, set out as a note under section
    1301 of this title.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.
      Section inapplicable to 1986 crop of wheat, see section 310(a) of
    Pub. L. 99-198, set out as a note under section 1332 of this title.
      Section inapplicable to 1982 through 1985 crops of wheat, see
    section 303 of Pub. L. 97-98, set out as a note under section 1331
    of this title.
      Section inapplicable to 1978 through 1981 crops of wheat, see
    section 404 of Pub. L. 95-113, set out as a note under section 1331
    of this title.
      Pub. L. 91-524, title IV, Sec. 404(1), Nov. 30, 1970, 84 Stat.
    1366, as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87
    Stat. 229, provided that this section is not applicable to 1971
    through 1977 crops of wheat.

-End-

-CITE-
    7 USC Sec. 1336                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1336. Referendum

-STATUTE-
      If a national marketing quota for wheat for one, two, or three
    marketing years is proclaimed, the Secretary shall, not later than
    August 1 of the calendar year in which such national marketing
    quota is proclaimed, conduct a referendum, by secret ballot, of
    farmers to determine whether they favor or oppose marketing quotas
    for the marketing year or years for which proclaimed. Any producer
    who has a farm acreage allotment shall be eligible to vote in any
    referendum held pursuant to this section, except that a producer
    who has a farm acreage allotment of less than fifteen acres shall
    not be eligible to vote unless the farm operator elected pursuant
    to section 1335 of this title to be subject to the farm marketing
    quota. The Secretary shall proclaim the results of any referendum
    held hereunder within thirty days after the date of such
    referendum, and if the Secretary determines that more than one-
    third of the farmers voting in the referendum voted against
    marketing quotas, the Secretary shall proclaim that marketing
    quotas will not be in effect with respect to the crop of wheat
    produced for harvest in the calendar year following the calendar
    year in which the referendum is held. If the Secretary determines
    that two-thirds or more of the farmers voting in a referendum
    approve marketing quotas for a period of two or three marketing
    years, no referendum shall be held for the subsequent year or years
    of such period. Notwithstanding any other provision hereof, the
    referendum with respect to the national marketing quota for wheat
    for the marketing year beginning June 1, 1986, may be conducted not
    later than thirty-one days after December 20, 1985.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 336, 52 Stat. 55; July 3,
    1948, ch. 827, title II, Sec. 204(b), 62 Stat. 1256; Pub. L. 87-
    104, July 25, 1961, 75 Stat. 220; Pub. L. 87-128, title I, Sec.
    122(f), Aug. 8, 1961, 75 Stat. 297; Pub. L. 87-540, July 19, 1962,
    76 Stat. 170; Pub. L. 87-703, title III, Sec. 316, Sept. 27, 1962,
    76 Stat. 621; Pub. L. 88-297, title II, Sec. 202(6), Apr. 11, 1964,
    78 Stat. 179; Pub. L. 89-82, July 24, 1965, 79 Stat. 258; Pub. L.
    91-348, July 23, 1970, 84 Stat. 448; Pub. L. 91-455, Oct. 15, 1970,
    84 Stat. 969; Pub. L. 93-68, July 10, 1973, 87 Stat. 161; Pub. L.
    95-48, June 17, 1977, 91 Stat. 229; Pub. L. 97-24, Sec. 1, July 23,
    1981, 95 Stat. 143; Pub. L. 97-62, Oct. 14, 1981, 95 Stat. 1010;
    Pub. L. 97-67, Sec. 2, Oct. 20, 1981, 95 Stat. 1039; Pub. L. 97-77,
    Sec. 2(b), Nov. 13, 1981, 95 Stat. 1069; Pub. L. 99-63, July 11,
    1985, 99 Stat. 119; Pub. L. 99-198, title III, Sec. 306, Dec. 23,
    1985, 99 Stat. 1382.)

-COD-
                               CODIFICATION                           
      "December 20, 1985" substituted in text for "adjournment sine die
    of the first session of the Ninety-ninth Congress".

-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-198, temporarily amended section generally.
    Prior to amendment, section read as follows: "If a national
    marketing quota for wheat for one, two, or three marketing years is
    proclaimed, the Secretary shall, not later than August 1 of the
    calendar year in which such national marketing quota is proclaimed,
    conduct a referendum, by secret ballot, of farmers to determine
    whether they favor or oppose marketing quotas for the marketing
    year or years for which proclaimed. Any producer who has a farm
    acreage allotment shall be eligible to vote in any referendum held
    pursuant to this section, except that a producer who has a farm
    acreage allotment of less than fifteen acres shall not be eligible
    to vote unless the farm operator elected pursuant to section 1335
    of this title to be subject to the farm marketing quota. The
    Secretary shall proclaim the results of any referendum held
    hereunder within thirty days after the date of such referendum, and
    if the Secretary determines that more than one-third of the farmers
    voting in the referendum voted against marketing quotas, the
    Secretary shall proclaim that marketing quotas will not be in
    effect with respect to the crop of wheat produced for harvest in
    the calendar year following the calendar year in which the
    referendum is held. If the Secretary determines that two-thirds or
    more of the farmers voting in a referendum approve marketing quotas
    for a period of two or three marketing years, no referendum shall
    be held for the subsequent year or years of such period.
    Notwithstanding any other provision hereof, the referendum with
    respect to the national marketing quota for wheat for the marketing
    year beginning June 1, 1986, may be conducted not later than thirty-
    one days after adjournment sine die of the first session of the
    Ninety-ninth Congress." See Effective and Termination Dates of 1985
    Amendment note below.
      Pub. L. 99-63 substituted "year beginning June 1, 1986, may be
    conducted not later than thirty-one days after adjournment sine die
    of the first session of the Ninety-ninth Congress" for "year
    beginning June 1, 1982, may be conducted not later than the earlier
    of the following: (1) thirty days after adjournment sine die of the
    first session of the Ninety-seventh Congress, or (2) January 1,
    1982".
      1981 - Pub. L. 97-77 substituted "January 1, 1982" for "November
    15, 1981" in sentence covering the date of the referendum for the
    national marketing quota for wheat for the marketing year beginning
    June 1, 1982.
      Pub. L. 97-62 and Pub. L. 97-67 made identical amendments
    providing for substitution of "November 15, 1981" for "October 15,
    1981" in sentence covering the date of the referendum for the
    national marketing quota for wheat for the marketing year beginning
    June 1, 1982.
      Pub. L. 97-24 substituted "June 1, 1982" for "June 1, 1978",
    "Ninety-seventh Congress" for "Ninety-fifth Congress", and "October
    15, 1981" for "October 15, 1977".
      1977 - Pub. L. 95-48 substituted provisions extending the date
    for the conduct of the referendum with respect to the national
    marketing for wheat for the marketing year beginning June 1, 1978,
    by allowing the referendum to be conducted not later than thirty
    days after the adjournment sine die of the first session of the
    Ninety-fifth Congress or Oct. 15, 1977, whichever is earlier, for
    provisions which had set the time limits for the referendums with
    respect to the national marketing quotas for wheat for the
    marketing years beginning July 1, 1966, July 1, 1971, and July 1,
    1974, respectively.
      1973 - Pub. L. 93-68 extended time within which the Secretary of
    Agriculture is required to conduct a referendum with respect to the
    1974 crop of wheat, if marketing quotas are to be in effect for
    that crop, to the earlier of thirty days after adjournment of the
    first session of the Ninety-third Congress or Oct. 15, 1973.
      1970 - Pub. L. 91-455 inserted provision extending until 30 days
    after adjournment sine die of the second session of the 91st
    Congress the time within which the Secretary of Agriculture is
    required to conduct a referendum with respect to the 1971 crop of
    wheat, if marketing quotas are to be in effect for that crop.
      Pub. L. 91-348 extended the time within which the Secretary of
    Agriculture is required to conduct a referendum with respect to the
    1971 crop of wheat, if marketing quotas are to be in effect for
    that crop, to the earlier of thirty days after adjournment sine die
    of the second session of the ninety-first Congress or October 15,
    1970.
      1965 - Pub. L. 89-82 extended until 30 days after adjournment
    sine die of the first session of the 89th Congress the time within
    which the Secretary of Agriculture is required to conduct a
    referendum with respect to the 1966 crop of wheat, if marketing
    quotas are to be in effect for that crop.
      1964 - Pub. L. 88-297 substituted "not later than August 1 of the
    calendar year in which such national marketing quota is proclaimed"
    for "not later than sixty days after such proclamation is published
    in the Federal Register".
      1962 - Pub. L. 87-703 substituted provisions for a referendum to
    be held not later than sixty days after publication in the Federal
    Register of national marketing quota proclamation to determine if
    the farmers favor or oppose the quota for the year or years for
    which proclaimed, making producers on farms having farm acreage
    allotments eligible to vote except farmers with small farm base
    acreage for which the operator did not elect to be subject to the
    program, directing results of referendum to be proclaimed within 30
    days after date of referendum for provisions for referendum between
    date of proclamation of national marketing quota and July 25,
    making farmers, who produced more than 15 acres of wheat eligible
    to vote, excluding farmers who obtained the feed wheat exemption
    for the immediately preceding crop, permitting such referendum for
    marketing year beginning July 1, 1962, to be held not later than
    Aug. 26, 1961, and excluding farmers from voting in the 1961
    referendum who had not produced in excess of 13.5 acres of wheat in
    at least one of the years 1959, 1960, or 1961 and permitting such
    referendum for marketing year beginning July 1, 1963, to be held
    not later than Aug. 31, 1962.
      Pub. L. 87-540 inserted provisions for conducting wheat marketing
    quota referendum for marketing year beginning July 1, 1963, not
    later than August 31, 1962.
      1961 - Pub. L. 87-128 prohibited farmers who have not produced in
    excess of 13.5 acres of wheat in at least one of the years 1959,
    1960, or 1961 from voting in the referendum conducted with respect
    to the national marketing quota for the marketing year beginning
    July 1, 1962.
      Pub. L. 87-104 inserted provisions for conducting wheat marketing
    quota referendum for marketing year beginning July 1, 1962, not
    later than August 26, 1961.
      1948 - Act July 3, 1948, substituted "July 25" for "June 10".

             EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT         
      Section 306 of Pub. L. 99-198 provided that the amendment made by
    that section is effective only for 1987 through 1990 crops of
    wheat.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-703 effective only with respect to
    programs applicable to crops planted for harvest in calendar year
    1964 or any subsequent year and marketing years beginning in
    calendar year 1964, or any subsequent year, see section 323 of Pub.
    L. 87-703, set out as a note under section 1301 of this title.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act July 3, 1948, effective Jan. 1, 1950, see
    section 303 of act July 3, 1948, set out as a note under section
    1301 of this title.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.
      Section inapplicable to 1986 crop of wheat, see section 310(a) of
    Pub. L. 99-198, set out as a note under section 1332 of this title.
      Section inapplicable to 1982 through 1985 crops of wheat, see
    section 303 of Pub. L. 97-98, set out as a note under section 1331
    of this title.
      Section inapplicable to 1978 through 1981 crops of wheat, see
    section 404 of Pub. L. 95-113, set out as a note under section 1331
    of this title.
      Pub. L. 91-524, title IV, Sec. 404(1), Nov. 30, 1970, 84 Stat.
    1366, as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87
    Stat. 229, provided that this section is not applicable to 1971
    through 1977 crops of wheat.

                     DATE OF REFERENDUM FOR 1954 CROP                 
      Act July 14, 1953, ch. 194, Sec. 4(b), 67 Stat. 152, provided
    that the referendum with respect to 1954 crop of wheat could be
    held as late as Aug. 15, 1953.

-End-

-CITE-
    7 USC Sec. 1337                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1337. Repealed.

-MISC1-
    Sec. 1337. Repealed. Pub. L. 87-703, title III, Sec. 317, Sept. 27,
      1962, 76 Stat. 622.
      Section, act Feb. 16, 1938, ch. 30, title III, Sec. 337, 52 Stat.
    55, related to adjustment and suspension of quotas.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective only with respect to programs applicable to
    crops planted for harvest in calendar year 1964 or any subsequent
    year and marketing years beginning in calendar year 1964, or any
    subsequent year, see section 323 of Pub. L. 87-703, set out as a
    note under section 1301 of this title.

-End-

-CITE-
    7 USC Sec. 1338                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1338. Transfer of quotas

-STATUTE-
      Farm marketing quotas for wheat shall not be transferable, but,
    in accordance with regulations prescribed by the Secretary for such
    purpose, any farm marketing quota in excess of the supply of wheat
    for such farm for any marketing year may be allocated to other
    farms on which the acreage allotment has not been exceeded.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 338, 52 Stat. 55; Pub. L.
    99-198, title III, Sec. 307, Dec. 23, 1985, 99 Stat. 1382.)

-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-198 amended section generally, temporarily
    substituting provisions for voluntary surrender of any part of a
    farm marketing quota by the producer and reallocation by the
    Secretary to other farms having farm marketing quotas for
    provisions authorizing allocation of excess quotas to other farms
    on which the acreage allotment had not been exceeded. See Effective
    and Termination Dates of 1985 Amendment note below.

             EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT         
      Section 307 of Pub. L. 99-198 provided that the amendment made by
    that section is effective only for 1987 through 1990 crops of
    wheat.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.
      Section inapplicable to 1986 crop of wheat, see section 310(a) of
    Pub. L. 99-198, set out as a note under section 1332 of this title.
      Section inapplicable to 1982 through 1985 crops of wheat, see
    section 303 of Pub. L. 97-98, set out as a note under section 1331
    of this title.
      Section inapplicable to 1978 through 1981 crops of wheat, see
    section 404 of Pub. L. 95-113, set out as a note under section 1331
    of this title.
      Pub. L. 91-524, title IV, Sec. 404(1), Nov. 30, 1970, 84 Stat.
    1366, as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87
    Stat. 229, provided that this section is not applicable to 1971
    through 1977 crops of wheat.

-End-

-CITE-
    7 USC Sec. 1339                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1339. Land use

-STATUTE-
    (a) Penalties: computation, lien, joint and several liability and
      interest; exceptions: nonsurplus supply crops, substantial
      impairment, and nonproduction of wheat; diverted acreage: amount,
      annual identity, and grazing; crops available for marketing
      (1) During any year in which marketing quotas for wheat are in
    effect, the producers on any farm (except a new farm receiving an
    allotment from the reserve for new farms) on which any crop is
    produced on acreage required to be diverted from the production of
    wheat shall be subject to a penalty on such crop, in addition to
    any marketing quota penalty applicable to such crops, as provided
    in this subsection unless (1) the crop is designated by the
    Secretary as one which is not in surplus supply and will not be in
    surplus supply if it is permitted to be grown on the diverted
    acreage, or as one the production of which will not substantially
    impair the purpose of the requirements of this section, or (2) no
    wheat is produced on the farm, and the producers have not filed an
    agreement or a statement of intention to participate in the payment
    program formulated pursuant to subsection (b) of this section. The
    acreage required to be diverted from the production of wheat on the
    farm shall be an acreage of cropland equal to the number of acres
    determined by multiplying the farm acreage allotment by the
    diversion factor determined by dividing the number of acres by
    which the national acreage allotment (less an acreage equal to the
    increased acreage allotted for 1966 pursuant to section 1335 of
    this title) is reduced below fifty-five million acres by the number
    of acres in the national acreage allotment (less an acreage equal
    to the increased acreage allotted for 1966 pursuant to section 1335
    of this title). The actual production of any crop subject to
    penalty under this subsection shall be regarded as available for
    marketing and the penalty on such crop shall be computed on the
    actual acreage of such crop at the rate of 65 per centum of the
    parity price per bushel of wheat as of May 1 of the calendar year
    in which such crop is harvested, multiplied by the normal yield of
    wheat per acre established for the farm. Until the producers on any
    farm pay the penalty on such crop, the entire crop of wheat
    produced on the farm and any subsequent crop of wheat subject to
    marketing quotas in which the producer has an interest shall be
    subject to a lien in favor of the United States for the amount of
    the penalty. Each producer having an interest in the crop or crops
    on acreage diverted or required to be diverted from the production
    of wheat shall be jointly and severally liable for the entire
    amount of the penalty. The persons liable for the payment or
    collection of the penalty under this section shall be liable also
    for interest thereon at the rate of 6 per centum per annum from the
    date the penalty becomes due until the date of payment of such
    penalty.
      (2) The Secretary may require that the acreage on any farm
    diverted from the production of wheat be land which was diverted
    from the production of wheat in the previous year, to the extent he
    determines that such requirement is necessary to effectuate the
    purposes of this part.
      (3) The Secretary may permit the diverted acreage to be grazed in
    accordance with regulations prescribed by the Secretary.
    (b) Payment program for 1964 through 1970 crops; terms and
      conditions; amount; additional diverted acreage; conservation and
      soil-conserving uses; adjustment; knowledge of exceeding acreage
      allotment; acreage allotment not exceeded by delivery to
      Secretary of farm marketing excess or storage in accordance with
      regulations to avoid or postpone payment of penalty or by farms
      exempt from marketing quota; new farms ineligible for payments;
      sharing and medium of payments
      The Secretary is authorized to formulate and carry out a program
    with respect to the crops of wheat planted for harvest in the
    calendar years 1964 through 1970 under which, subject to such terms
    and conditions as he determines are desirable to effectuate the
    purposes of this section, payments may be made in amounts not in
    excess of 50 per centum of the estimated basic county support rate
    for wheat not accompanied by marketing certificates on the normal
    production of the acreage diverted taking into account the income
    objectives of the chapter, determined by the Secretary to be fair
    and reasonable with respect to acreage diverted pursuant to
    subsection (a) of this section. Any producer who complies with his
    1964 farm acreage allotment for wheat and with the other
    requirements of the program shall be eligible to receive payments
    under the program for the 1964 crop of wheat. The Secretary may
    permit producers on any farm to divert from the production of wheat
    an acreage, in addition to the acreage diverted pursuant to
    subsection (a) of this section, equal to 50 per centum of the farm
    acreage allotment for wheat: Provided, That the producers on any
    farm may, at their election, divert such acreage in addition to the
    acreage diverted pursuant to subsection (a) of this section, as
    will bring the total acreage diverted on the farm to twenty-five
    acres. Such program shall require (1) that the diverted acreage
    shall be devoted to conservation uses approved by the Secretary;
    (2) that the total acreage of cropland on the farm devoted to soil-
    conserving uses, including summer fallow and idle land but
    excluding the acreage diverted as provided above, shall be not less
    than the total average acreage of cropland devoted to soil-
    conserving uses including summer fallow and idle land on the farm
    during a representative period, as determined by the Secretary,
    adjusted to the extent the Secretary determines appropriate for (i)
    abnormal weather conditions or other factors affecting production,
    (ii) established crop-rotation practices on the farm, (iii)
    participation in other Federal farm programs, (iv) unusually high
    percentage of land on the farm devoted to conserving uses, and (v)
    other factors which the Secretary determines should be considered
    for the purpose of establishing a fair and equitable soil-
    conserving acreage for the farm; and (3) that the producer shall
    not knowingly exceed (i) any farm acreage allotment in effect for
    any commodity produced on the farm, and (ii) except as the
    Secretary may by regulations prescribe, with the farm acreage
    allotments on any other farm for any crop in which the producer has
    a share: Provided, That 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: And provided further, That no producer
    shall be deemed to have exceeded a farm acreage allotment for any
    crop of wheat if the farm is exempt from the farm marketing quota
    for such crop under section 1335 of this title. The producers on a
    new farm shall not be eligible for payments hereunder. The
    Secretary shall provide for the sharing of payment among producers
    on the farm on a fair and equitable basis. Payments may be made in
    cash or in wheat.
    (c) Adjustment of payments
      The Secretary may provide for adjusting any payment on account of
    failure to comply with the terms and conditions of the land-use
    program formulated under subsection (b) of this section.
    (d) Advance payments
      Not to exceed 50 per centum of any payment to producers under
    subsection (b) of this section may be made in advance of
    determination of performance.
    (e) Diverted acreage used for production of certain crops; rate of
      payment; limitation on rate
      The Secretary may permit all or any part of the diverted acreage
    to be devoted to the production of guar, sesame, safflower,
    sunflower, castor beans, mustard seed, crambe, plantago ovato, and
    flaxseed, if he determines that such production of the commodity is
    needed to provide an adequate supply, is not likely to increase the
    cost of the price-support program and will not adversely affect
    farm income, subject to the condition that payment with respect to
    diverted acreage devoted to any such crop shall be at a rate
    determined by the Secretary to be fair and reasonable taking into
    consideration the use of such acreage for the production of such
    crops: Provided, That in no event shall the payment exceed one-half
    the rate which otherwise would be applicable if such acreage were
    devoted to conservation uses.
    (f) Additional terms and conditions
      The program formulated pursuant to subsection (b) of this section
    may include such terms and conditions, including provision for the
    control of erosion, in addition to those specifically provided for
    herein, as the Secretary determines are desirable to effectuate the
    purposes of this section.
    (g) Regulations
      The Secretary is authorized to promulgate such regulations as may
    be desirable to carry out the provisions of this section.
    (h) Commodity Credit Corporation funds and authorization of
      appropriations for payments and administrative expenses
      The Commodity Credit Corporation is authorized to utilize its
    capital funds and other assets for the purpose of making the
    payments authorized in this section and to pay administrative
    expenses necessary in carrying out this section during the period
    ending June 30, 1965. There is authorized to be appropriated such
    amounts as may be necessary thereafter to pay such administrative
    expenses.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 339, as added Pub. L. 87-
    703, title III, Sec. 318, Sept. 27, 1962, 76 Stat. 622; amended
    Pub. L. 88-297, title II, Sec. 202(7)-(9), Apr. 11, 1964, 78 Stat.
    179; Pub. L. 89-321, title V, Secs. 501(9), (10), 507, Nov. 3,
    1965, 79 Stat. 1201, 1204; Pub. L. 90-559, Sec. 1(1), Oct. 11,
    1968, 82 Stat. 996.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1339, act Feb. 16, 1938, ch. 30, title III, Sec.
    339, 52 Stat. 55, related to penalties for marketing wheat in
    excess of quotas, prior to repeal by act July 14, 1953, ch. 194,
    Secs. 2, 5, 67 Stat. 151, 152, effective with respect to the 1954
    and subsequent crops of wheat. See section 1340(2) of this title.

                                AMENDMENTS                            
      1968 - Subsec. (b). Pub. L. 90-559 provided for a one year
    extension through 1970.
      1965 - Subsec. (a)(1). Pub. L. 89-321, Sec. 507, inserted "(less
    an acreage equal to the increased acreage allotted for 1966
    pursuant to section 1335 of this title)" after "national acreage
    allotment" wherever appearing.
      Subsec. (b). Pub. L. 89-321, Sec. 501(9), substituted "crops of
    wheat planted for harvest in the calendar years 1964 through 1969"
    for "1964 and 1965 crops of wheat", "50 per centum of the farm
    acreage allotment" for "20 per centum of the farm acreage
    allotment", and "twenty-five acres" for "fifteen acres".
      Subsec. (e). Pub. L. 89-321, Sec. 501(10), authorized Secretary
    to permit all or part of diverted acreage to be devoted to
    mustardseed, crambe, and plantago ovato in addition to previously
    authorized guar, sesame, safflower, sunflower, castor beans, and
    flax, if he determines that such production of the commodity is
    needed, is not likely to increase cost of price-support program,
    and will not adversely affect farm income, and removed from proviso
    the prohibition against making available price supports for
    production of such crops on diverted acreage.
      1964 - Subsec. (a)(1). Pub. L. 88-297, Sec. 202(7), temporarily
    suspended land-use penalties and made the diversion of land from
    the production of wheat only a condition of eligibility for
    receiving wheat marketing certificates. See Effective and
    Termination Dates of 1964 Amendment note below.
      Subsec. (b). Pub. L. 88-297, Sec. 202(8), inserted in first
    sentence "for wheat not accompanied by marketing certificates"
    after "basic county support rate" and inserted after first sentence
    "Any producer who complies with his 1964 farm acreage allotment for
    wheat and with the other requirements of the program shall be
    eligible to receive payments under the program for the 1964 crop of
    wheat."
      Subsec. (h). Pub. L. 88-297, Sec. 202(9), substituted "June 30,
    1965" for "June 30, 1963".

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Amendment by section 501 of Pub. L. 89-321 effective beginning
    with crop planted for harvest in calendar year 1966, see section
    501 of Pub. L. 89-321, set out as a note under section 1332 of this
    title.
      Section 507 of Pub. L. 89-321 provided that the amendment made by
    that section is effective beginning with crop planted for harvest
    in calendar year 1967.

             EFFECTIVE AND TERMINATION DATES OF 1964 AMENDMENT         
      Section 202(7) of Pub. L. 88-297, as amended by Pub. L. 89-321,
    title V, Sec. 505(1), Nov. 3, 1965, 79 Stat. 1203; Pub. L. 90-559,
    Sec. 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment
    made by that section is effective only with respect to crops
    planted for harvest in calendar years 1964 through 1970.

                              EFFECTIVE DATE                          
      Section effective only with respect to programs applicable to
    crops planted for harvest in calendar year 1964 or any subsequent
    year and marketing years beginning in calendar year 1964, or any
    subsequent year, see section 323 of Pub. L. 87-703, set out as an
    Effective Date of 1962 Amendment note under section 1301 of this
    title.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.
      Section inapplicable to 1986 through 1990 crops of wheat, see
    section 310(b) of Pub. L. 99-198, set out as a note under section
    1331 of this title.
      Section inapplicable to 1982 through 1985 crops of wheat, see
    section 303 of Pub. L. 97-98, set out as a note under section 1331
    of this title.
      Section inapplicable to 1978 through 1981 crops of wheat, see
    section 404 of Pub. L. 95-113, set out as a note under section 1331
    of this title.
      Pub. L. 91-524, title IV, Sec. 404(1), Nov. 30, 1970, 84 Stat.
    1366, as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87
    Stat. 229, provided that this section is not applicable to 1971
    through 1977 crops of wheat.

    WHEAT DIVERSION PROGRAMS; CREDITS IN ESTABLISHMENT OF STATE, COUNTY
                   AND FARM ACREAGE ALLOTMENTS FOR WHEAT
      Credits to State, county and farm of acreage diverted from
    production of wheat as though actually devoted to such production,
    see section 1339b of this title.

-End-

-CITE-
    7 USC Sec. 1339a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1339a. Repealed.

-MISC1-
    Sec. 1339a. Repealed. Pub. L. 107-171, title I, Sec. 1613(j)(1),
      May 13, 2002, 116 Stat. 221.
      Section, Pub. L. 87-703, title III, Sec. 326, Sept. 27, 1962, 76
    Stat. 631; Pub. L. 88-26, Sec. 4, May 20, 1963, 77 Stat. 47; Pub.
    L. 89-321, title III, Sec. 303, Nov. 3, 1965, 79 Stat. 1192; Pub.
    L. 101-624, title XI, Sec. 1132(c), Nov. 28, 1990, 104 Stat. 3515;
    Pub. L. 102-237, title I, Sec. 118(d), Dec. 13, 1991, 105 Stat.
    1842, related to good faith reliance.

-End-

-CITE-
    7 USC Sec. 1339b                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1339b. Wheat diversion programs; credits in establishment of
      State, county and farm acreage allotments for wheat

-STATUTE-
      In the establishment of State, county, and farm acreage
    allotments for wheat under this chapter, the acreage which is
    determined under regulations of the Secretary to have been diverted
    from the production of wheat under the special programs formulated
    pursuant to section 307 of this Act, section 1339 of this title,
    and section 124 of the Agricultural Act of 1961, shall be credited
    to the State, county, and farm as though such acreage had actually
    been devoted to the production of wheat.

-SOURCE-
    (Pub. L. 87-703, title III, Sec. 327, Sept. 27, 1962, 76 Stat.
    631.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 307 of this Act (the Food and Agriculture Act of 1962)
    and section 124 of the Agricultural Act of 1961, referred to in
    text, are set out as notes under section 1334 of this title.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food and Agriculture Act of
    1962, and not as part of the Agricultural Adjustment Act of 1938
    which comprises this chapter.

-End-

-CITE-
    7 USC Sec. 1339c                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1339c. Feed grains diversion programs for 1964 and subsequent
      years; feed grain acreage considered wheat acreage and wheat
      acreage considered feed grain acreage

-STATUTE-
      Effective with the 1964 crop, during any year in which an acreage
    diversion program is in effect for feed grains, the Secretary
    shall, notwithstanding any other provision of law, permit producers
    of feed grains to have acreage devoted to the production of feed
    grains considered as devoted to the production of wheat and
    producers of wheat to have acreage devoted to the production of
    wheat considered as devoted to the production of feed grains to
    such extent and subject to such terms and conditions as the
    Secretary determines will not impair the effective operation of the
    program for feed grains or wheat. In establishing terms and
    conditions for permitting wheat to be planted in lieu of oats and
    rye, the Secretary may take into account the number of feed units
    per acre of wheat in relation to the number of feed units per acre
    of oats and rye.

-SOURCE-
    (Pub. L. 87-703, title III, Sec. 328, Sept. 27, 1962, 76 Stat. 631;
    Pub. L. 89-321, title V, Sec. 514, Nov. 3, 1965, 79 Stat. 1206.)

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-321 authorized the Secretary, in establishing
    terms and conditions for permitting wheat to be planted in lieu of
    oats and rye, to take into account the number of feed units per
    acre of wheat in relation to the number of feed units per acre of
    oats and rye.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food and Agriculture Act of
    1962, and not as part of the Agricultural Adjustment Act of 1938
    which comprises this chapter.

-End-

-CITE-
    7 USC Sec. 1339d                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1339d. Hay production on set-aside or diverted acreage;
      storage; emergency use; loans

-STATUTE-
      (a) Notwithstanding any other provision of law, the Secretary
    shall permit any producer who is participating in the wheat program
    under title IV of this Act, in the feed grain program under title V
    of this Act, or in the cotton program under title VI of this Act,
    in any year in which an acreage diversion or set-aside program is
    in effect, under any such program in which such producer is
    participating, subject to the conditions prescribed in subsection
    (b) of this section, to plant and harvest hay from 25 per centum of
    the acreage on the farm diverted from production under such
    programs or twenty-five acres, whichever is greater.
      (b) Any producer who elects to plant and harvest hay on diverted
    or set aside acreage pursuant to this section shall first agree not
    to use any such hay harvested from such acreage unless authorized
    to do so by the Secretary.
      (c) When any diverted or set aside acreage has been planted and
    harvested under authority of this section, the hay harvested
    therefrom shall be baled and stored in sealed storage on the farm
    in accordance with such regulations as the Secretary may prescribe
    and shall be available only for use during periods of emergency
    declared by the Secretary. In order to avoid deterioration of such
    hay stored on the farm for emergency purposes pursuant to this
    section, the Secretary may permit such hay to be removed and used
    or sold from time to time so long as an amount of hay equal to the
    amount removed is previously placed in storage and sealed.
      (d) Any farmer who has hay stored on his farm for emergency
    purposes pursuant to this section may remove such hay from storage
    and use it whenever the Secretary has (1) designated as an
    emergency area the area in which such farm is located, and (2)
    specifically authorized the use of emergency hay by farmers in the
    area.
      (e) The Secretary of Agriculture is authorized to make or
    guarantee loans to farmers, both tenants and landowners, to assist
    such farmers in the construction of storage facilities on the farm
    for the storage of emergency hay pursuant to the provisions of this
    section if such farmers are unable to obtain loans from commercial
    sources at reasonable rates and on reasonable terms and conditions.
    Loans made by the Secretary under this subsection shall be made at
    the current rate of interest for periods not exceeding ten years,
    and on such other terms and conditions as the Secretary may
    prescribe.

-SOURCE-
    (Pub. L. 91-524, title VIII, Sec. 805, Nov. 30, 1970, 84 Stat.
    1382.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The wheat program under title IV of this Act, the feed grain
    program under title V of this Act, and the cotton program under
    title VI of this Act, referred to in subsec. (a), mean the programs
    for such crops as set out in the Agricultural Act of 1970, Pub. L.
    91-524, Nov. 30, 1970, 84 Stat. 1358, as amended. Title IV of that
    Act enacted section 1334a-1 of this title, amended sections 1301,
    1305, 1306, 1378, 1379, 1379b, 1379c, 1379d, 1379e, 1379g, 1385,
    1427, 1428, and 1445a of this title, and enacted provisions set out
    as notes under sections 1301, 1305, 1306, 1330 to 1334, 1335, 1336,
    1338, 1339, and 1379c of this title. Title V of that Act amended
    section 1444b of this title and provisions set out as a note under
    section 1444b of this title. Title VI of that Act enacted sections
    1342a, 1350a, and 2119 of this title, amended sections 1305, 1344b,
    1350, 1374, 1378, 1379, 1385, 1427, 1428, 1444, and 1444a of this
    title, and enacted provisions set out as notes under sections 1305,
    1342, 1342a, 1343, 1344, 1344b, 1345, 1346, 1377, 1378, 1379, 1385,
    1427, 1428, 1444, and 1446d of this title. For complete
    classification of this Act to the Code, see Short Title of 1970
    Amendment note set out under section 1281 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Agricultural Act of 1970, and
    not as part of the Agricultural Adjustment Act of 1938 which
    comprises this chapter.

-End-

-CITE-
    7 USC Sec. 1340                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iii - marketing quotas - wheat

-HEAD-
    Sec. 1340. Supplemental provisions relating to wheat marketing
      quotas; marketing penalty for rice; crop loans on cotton, wheat,
      rice, tobacco, and peanuts

-STATUTE-
      Notwithstanding the other provisions of this chapter - 
        (1) The farm marketing quota for any crop of wheat shall be the
      actual production of the acreage planted to such crop of wheat on
      the farm less the farm marketing excess. The farm marketing
      excess shall be an amount equal to twice the projected farm yield
      multiplied by the number of acres of such crop of wheat on the
      farm in excess of the farm acreage allotment for such crop unless
      the producer, in accordance with regulations issued by the
      Secretary and within the time prescribed therein, establishes to
      the satisfaction of the Secretary the actual production of such
      crop of wheat on the farm. If such actual production is so
      established, the farm marketing excess shall be an amount equal
      to the actual production of the number of acres of wheat on the
      farm in excess of the farm acreage allotment for such crop. In
      determining the farm marketing quota and farm marketing excess,
      any acreage of wheat remaining after the date prescribed by the
      Secretary for the disposal of excess acres of wheat shall be
      included as acreage of wheat on the farm, and the production
      thereof shall be appraised in such manner as the Secretary
      determines will provide a reasonably accurate estimate of such
      production. Any acreage of wheat disposed of in accordance with
      regulations issued by the Secretary prior to such date as may be
      prescribed by the Secretary shall be excluded in determining the
      farm marketing quota and farm marketing excess. Self-seeded
      (volunteer) wheat shall be included in determining the acreage of
      wheat. Marketing quotas for any marketing year shall be in effect
      with respect to wheat harvested in the calendar year in which
      such marketing year begins notwithstanding that the wheat is
      marketed prior to the beginning of such marketing year.
        (2) Whenever farm marketing quotas are in effect with respect
      to any crop of wheat, the producers on a farm shall be subject to
      a penalty on the farm marketing excess of wheat at a rate per
      bushel equal to 65 per centum of the parity price per bushel of
      wheat as of May 1 of the calendar year in which the crop is
      harvested. Each producer having an interest in the crop of wheat
      on any farm for which a farm marketing excess of wheat is
      determined shall be jointly and severally liable for the entire
      amount of the penalty on the farm marketing excess.
        (3) The farm marketing excess for wheat shall be regarded as
      available for marketing, and the penalty and the storage amount
      or amounts to be delivered to the Secretary of the commodity
      shall be computed upon twice the normal production of the excess
      acreage. Where, upon the application of the producer for an
      adjustment of penalty or of storage, it is shown to the
      satisfaction of the Secretary that the actual production of the
      excess acreage is less than twice the normal production thereof,
      the difference between the amount of the penalty or storage as
      computed upon the basis of twice the normal production and as
      computed upon the basis of actual production shall be returned to
      or allowed the producer. The Secretary shall issue regulations
      under which the farm marketing excess of the commodity for the
      farm may be stored or delivered to him. Upon failure to store or
      deliver to the Secretary the farm marketing excess within such
      time as may be determined under regulations prescribed by the
      Secretary, the penalty computed as aforesaid shall be paid by the
      producer. Any wheat delivered to the Secretary hereunder shall
      become the property of the United States and shall be disposed of
      by the Secretary for relief purposes in the United States or in
      foreign countries or in such other manner as he shall determine
      will divert it from the normal channels of trade and commerce.
        (4) Until the producers on any farm store, deliver to the
      Secretary, or pay the penalty on, the farm marketing excess of
      any crop of wheat, the entire crop of wheat produced on the farm
      and any subsequent crop of wheat subject to marketing quotas in
      which the producer has an interest shall be subject to a lien in
      favor of the United States for the amount of the penalty.
        (5) The penalty upon wheat stored shall be paid by the producer
      at the time, and to the extent, of any depletion in the amount of
      the commodity so stored, except depletion resulting from some
      cause beyond the control of the producer.
        (6) Whenever the planted acreage of the then current crop of
      wheat on any farm is less than the farm acreage allotment for
      such commodity, the total amount of the commodity from any
      previous crops required to be stored in order to postpone or
      avoid payment of penalty shall be reduced by that amount which is
      equal to the normal production of the number of acres by which
      the farm acreage allotment exceeds the planted acreage. The
      provisions of section 1326(b) and (c) of this title shall be
      applicable also to wheat.
        (7) Until the farm marketing excess of wheat is stored or
      delivered to the Secretary or the penalty thereon is paid, each
      bushel of the commodity produced on the farm which is sold by the
      producer to any person within the United States shall be subject
      to the penalty as specified in paragraph (2) of this section.
      Such penalty shall be paid by the buyer, who may deduct an amount
      equivalent to the penalty from the price paid to the producer. If
      the buyer fails to collect such penalty, such buyer and all
      persons entitled to share in the wheat marketed from the farm or
      the proceeds thereof shall be jointly and severally liable for
      such penalty.
        (8) The marketing penalty for rice produced in the calendar
      year in which any marketing year begins (if beginning with or
      after the 1941-1942 marketing year) shall be at a rate equal to
      50 per centum of the basic rate of the loan for cooperators for
      such marketing year under section 1302 of this title and this
      section.
        (9) Omitted.
        (10) The provisions of this section are amendatory of and
      supplementary to this chapter, and all provisions of law
      applicable in respect of marketing quotas and loans under such
      chapter as so amended and supplemented shall be applicable, but
      nothing in this section shall be construed to amend or repeal
      sections 1301(b)(6), 1323(b), or 1335(d) of this title.
        (11) The persons liable for the payment or collection of the
      penalty or any amount of wheat shall be liable also for interest
      thereon at the rate of 6 per centum per annum from the date the
      penalty becomes due until the date of payment of such penalty.
        (12) If marketing quotas for wheat are not in effect for any
      marketing year, all previous marketing quotas applicable to wheat
      shall be terminated, effective as of the first day of such
      marketing year. Such termination shall not abate any penalty
      previously incurred by a producer or relieve any buyer of the
      duty to remit penalties previously collected by him.

-SOURCE-
    (May 26, 1941, ch. 133, 55 Stat. 203; Dec. 26, 1941, ch. 626, Sec.
    2, 55 Stat. 860; Dec. 26, 1941, ch. 636, 55 Stat. 872; Aug. 29,
    1949, ch. 518, Sec. 3(b), 63 Stat. 676; July 14, 1953, ch. 194,
    Sec. 3, 67 Stat. 151; Aug. 28, 1954, ch. 1041, title III, Sec. 313,
    68 Stat. 905; Pub. L. 87-128, title I, Sec. 122(d), Aug. 8, 1961,
    75 Stat. 297; Pub. L. 87-703, title III, Secs. 309, 319, Sept. 27,
    1962, 76 Stat. 618, 624; Pub. L. 87-801, Oct. 11, 1962, 76 Stat.
    909; Pub. L. 89-321, title V, Sec. 511(b), Nov. 3, 1965, 79 Stat.
    1205.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1302 of this title, referred to in par. (8), was repealed
    by act Oct. 31, 1949, ch. 792, title IV, Sec. 414, 63 Stat. 1057.
      Section 1323(b) of this title, referred to in par. (10), was
    repealed by act Aug. 28, 1954, ch. 1041, title III, Sec. 304, 68
    Stat. 902, and had provided that no farm marketing quota with
    respect to any crop of corn shall be applicable to any farm on
    which the normal production of the acreage planted to corn is less
    than 300 bushels.
      Section 1335(d) of this title, referred to in par. (10), was
    repealed by Pub. L. 87-129, title I, Sec. 122(e), Aug. 8, 1961, 75
    Stat. 297, and had provided that no farm marketing quota with
    respect to wheat shall be applicable in any marketing year to any
    farm on which the normal production of the acreage planted to wheat
    of the current crop is less than 200 bushels.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Agricultural Adjustment
    Act of 1938 which comprises this chapter.
      Par. (9), which directed the Commodity Credit Corporation to make
    loans upon the 1941 to 1946 cotton, wheat, rice, tobacco, and
    peanut crops for which producers did not disapprove marketing
    quotas at the rate of 85% of parity to cooperators and, to
    noncooperators, at the rate of 60% of the rate specified for
    cooperators and limited to that amount of the commodity as would be
    subject to penalty if marketed by the noncooperators, was omitted
    from the Code.

-MISC1-
                                AMENDMENTS                            
      1965 - Par. (1). Pub. L. 89-321 substituted "projected farm
    yield" for "normal yield of wheat per acre established for the
    farm".
      1962 - Par. (1). Pub. L. 87-703, Sec. 319(1), substituted
    requirement that computation of the farm marketing excess initially
    be double the farm normal yield of wheat times the excess acres,
    such excess acres being reduced to the actual yield times the
    excess acres, upon proof by the producer of the actual yield, for
    provision that the farm marketing excess could not be more than the
    actual production of wheat on the farm less the normal production
    of the farm acreage allotment and provided that the acreage of
    wheat not disposed of by the prescribed date would be considered
    wheat acreage, with the wheat production thereon appraised for the
    purposes of determining the farm marketing quota and farm marketing
    excess, that wheat acreage disposed of prior to the disposal date
    would not be considered acreage and that the acreage of volunteer
    wheat not disposed of would be considered wheat acreage.
      Par. (2). Pub. L. 87-703, Sec. 319(2), increased from 45 to 65
    per centum the rate of penalty on farm marketing excess and
    provided for joint and several liability for such penalty.
      Par. (3). Pub. L. 87-703, Sec. 319(3), required computation of
    the farm marketing excess initially upon twice the normal yield and
    eliminated reference to corn. Act Aug. 28, 1954, had made the
    section in applicable to corn.
      Par. (4). Pub. L. 87-703, Sec. 319(4), inserted "and any
    subsequent crop of wheat subject to marketing quotas in which the
    producer has an interest" after "produced on the farm" and struck
    out reference to corn. Act Aug. 28, 1954, had made the section
    inapplicable to corn.
      Pars. (5), (6). Pub. L. 87-703, Sec. 319(5), (6), struck out
    reference to corn. Act Aug. 28, 1954, had made section inapplicable
    to corn.
      Par. (7). Pub. L. 87-703, Sec. 319(7), (8), redesignated par. (8)
    as (7), and inserted provision for joint and several liability for
    penalty and struck out reference to corn, respectively. Act Aug.
    28, 1954, had made section inapplicable to corn. Provisions of
    former par. (7), which provided a 15-acre exemption but provided
    for a farm marketing quota on 1962 crop of wheat to any farm on
    which the acreage of wheat exceeded the smaller of (1) 13.5 acres,
    or (2) of the highest number of acres actually planted to, wheat on
    the farm for harvest in any of the calendar years 1959, 1960, or
    1961 and provisions of former par. (7), added by Pub. L. 87-703,
    Sec. 309, which provided for a farm marketing quota on 1963 crop of
    wheat to any farm on which the acreage of wheat exceeded the
    smaller of (1) 15 acres, or (2) the highest number of acres
    actually planted to wheat on the farm for harvest in any of the
    calendar years 1959, 1960, or 1961, or 1963 (provided by Pub. L. 87-
    801), were repealed by such section 319(7) and are covered by
    section 1335 of this title.
      Pars. (8) to (10). Pub. L. 87-703, Sec. 319(7), redesignated
    pars. (9) to (11) as (8) to (10). Former par. (8) redesignated (7).
      Par. (11). Pub. L. 87-703, Sec. 319(9), added par. (11). Former
    par. (11) redesignated (10).
      Par. (12). Pub. L. 87-703, Sec. 319(9), added par. (12). Former
    par. (12), which limited farm marketing excess for any crop of
    wheat and provided for return to producer of difference between
    amount of penalty or storage as computed upon farm marketing excess
    before adjustment and as computed upon adjusted farm marketing
    excess, where a downward adjustment in amount of farm marketing
    excess was made, was repealed by such section 319(9).
      1961 - Par. (7). Pub. L. 87-128 authorized Secretary to prescribe
    regulations relating to the exemption of farms from marketing
    quotas on any crop of wheat, specified the exemption for the 1962
    crop and eliminated marketing penalty provisions relating to
    nonallotment farms under the Soil Conservation and Domestic
    Allotment Act.
      1954 - Act Aug. 28, 1954, amended section generally to make it
    inapplicable to corn.
      1953 - Act July 14, 1953, omitted penalty for marketing corn in
    excess of quotas and changed penalty for marketing wheat in excess
    of quotas from 50 per centum of basic loan rate on commodity for
    cooperators to 45 per centum of parity price.
      1949 - Par. (9). Act Aug. 29, 1949, struck out "cotton and" after
    "penalty for".
      1941 - Par. (10). Act Dec. 26, 1941, ch. 626, substituted "1941,
    1942, 1943, 1944, 1945 and 1946 crops of the commodities cotton,
    corn, wheat, rice, tobacco and peanuts" for "1941 crop of the
    commodities cotton, corn, wheat, rice, or tobacco" and "for the
    marketing year beginning in the calendar year in which such crop is
    harvested" for "marketing year beginning in 1941."
      Par. (12). Act Dec. 26, 1941, ch. 636, added par. (12).

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by section 319 of Pub. L. 87-703 effective only with
    respect to programs applicable to crops planted for harvest in
    calendar year 1964 or any subsequent year and marketing years
    beginning in calendar year 1964, or any subsequent year, see
    section 323 of Pub. L. 87-703, set out as a note under section 1301
    of this title.

                     EFFECTIVE DATE OF 1953 AMENDMENT                 
      Amendment by act July 14, 1953, effective with respect to 1954
    and subsequent crops of wheat, see section 5 of act July 14, 1953,
    set out as a note under section 1334 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Administration of program of Commodity Credit Corporation
    transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
    Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out
    in the Appendix to Title 5, Government Organization and Employees.

                   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, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67
    Stat. 633, set out as a note under section 2201 of this title.

-MISC2-
                        INAPPLICABILITY OF SECTION                    
      Section inapplicable to crops of wheat planted for harvest in
    calendar years 2002 through 2007, see section 7992(c) of this
    title.
      Section inapplicable to crops of wheat planted for harvest in
    calendar years 1996 through 2002, see section 7301(c) of this
    title.
      Pub. L. 101-624, title III, Sec. 304, Nov. 28, 1990, 104 Stat.
    3400, provided that: "The joint resolution entitled 'A joint
    resolution relating to corn and wheat marketing quotas under the
    Agricultural Adjustment Act of 1938, as amended', approved May 26,
    1941 (7 U.S.C. 1330 and 1340) shall not be applicable to the crops
    of wheat planted for harvest in the calendar years 1991 through
    1995."
      Pub. L. 99-198, title III, Sec. 311, Dec. 23, 1985, 99 Stat.
    1395, provided that: "The joint resolution entitled 'A joint
    resolution relating to corn and wheat marketing quotas under the
    Agricultural Adjustment Act of 1938, as amended', approved May 26,
    1941 (7 U.S.C. 1330 and 1340), shall not be applicable to the crops
    of wheat planted for harvest in the calendar years 1986 through
    1990."
      Pub. L. 97-98, title III, Sec. 304, Dec. 22, 1981, 95 Stat. 1227,
    provided that: "Public Law 74, Seventy-seventh Congress (55 Stat.
    203, as amended) [this section] shall not be applicable to the
    crops of wheat planted for harvest in the calendar years 1982
    through 1985."
      Pub. L. 95-113, title IV, Sec. 406, Sept. 29, 1977, 91 Stat. 927,
    provided that: "Public Law 74, Seventy-seventh Congress (55 Stat.
    203, as amended) [this section] shall not be applicable to the
    crops of wheat planted for harvest in the calendar years 1978
    through 1981."
      Pub. L. 91-524, title IV, Sec. 406, Nov. 30, 1970, 84 Stat. 1367,
    as amended by Pub. L. 93-86, Sec. 1(13), Aug. 10, 1973, 87 Stat.
    229, provided that: "Public Law 74, Seventy-seventh Congress (68
    Stat. 905) [this section], shall not be applicable to the crops of
    wheat planted for harvest in the calendar years 1971 through 1977."

-End-

-CITE-
    7 USC subpart iv - marketing quotas - cotton                01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
                  SUBPART IV - MARKETING QUOTAS - COTTON              

-End-

-CITE-
    7 USC Sec. 1341                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1341. Legislative findings

-STATUTE-
      American cotton is a basic source of clothing and industrial
    products used by every person in the United States and by
    substantial numbers of people in foreign countries. American cotton
    is sold on a world-wide market and moves from the places of
    production almost entirely in interstate and foreign commerce to
    processing establishments located throughout the world at places
    outside the State where the cotton is produced.
      Fluctuations in supplies of cotton and the marketing of excessive
    supplies of cotton in interstate and foreign commerce disrupt the
    orderly marketing of cotton in such commerce with consequent injury
    to and destruction of such commerce. Excessive supplies of cotton
    directly and materially affect the volume of cotton moving in
    interstate and foreign commerce and cause disparity in prices of
    cotton and industrial products moving in interstate and foreign
    commerce with consequent diminution of the volume of such commerce
    in industrial products.
      The conditions affecting the production and marketing of cotton
    are such that, without Federal assistance, farmers, individually or
    in cooperation, cannot effectively prevent the recurrence of
    excessive supplies of cotton and fluctuations in supplies, cannot
    prevent indiscriminate dumping of excessive supplies on the Nation-
    wide and foreign markets, cannot maintain normal carry-overs of
    cotton, and cannot provide for the orderly marketing of cotton in
    interstate and foreign commerce.
      It is in the interest of the general welfare that interstate and
    foreign commerce in cotton be protected from the burdens caused by
    the marketing of excessive supplies of cotton in such commerce,
    that a supply of cotton be maintained which is adequate to meet
    domestic consumption and export requirements in years of drought,
    flood, and other adverse conditions as well as in years of plenty,
    and that the soil resources of the Nation be not wasted in the
    production of excessive supplies of cotton.
      The provisions of this subpart affording a cooperative plan to
    cotton producers are necessary and appropriate to prevent the
    burdens on interstate and foreign commerce caused by the marketing
    in such commerce of excessive supplies, and to promote, foster, and
    maintain an orderly flow of an adequate supply of cotton in such
    commerce.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 341, 52 Stat. 55.)

-MISC1-
                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.

               1947 MARKETING QUOTAS AND ACREAGE ALLOTMENTS           
      Joint Res. July 24, 1946, ch. 616, 60 Stat. 662, suspended
    marketing quotas and acreage allotments for 1947 in view of the
    critical shortage of fats and oils and protein feeds.

-End-

-CITE-
    7 USC Sec. 1342                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1342. National marketing quota; proclamation; amount; date of
      proclamation

-STATUTE-
      Whenever during any calendar year the Secretary determines that
    the total supply of cotton for the marketing year beginning in such
    calendar year will exceed the normal supply for such marketing
    year, the Secretary shall proclaim such fact and a national
    marketing quota shall be in effect for the crop of cotton produced
    in the next calendar year. The Secretary shall also determine and
    specify in such proclamation the amount of the national marketing
    quota in terms of the number of bales of cotton (standard bales of
    five hundred pounds gross weight) adequate, together with (1) the
    estimated carry-over at the beginning of the marketing year which
    begins in the next calendar year and (2) the estimated imports
    during such marketing year, to make available a normal supply of
    cotton: Provided, That beginning with the 1961 crop, the national
    marketing quota shall be not less than a number of bales equal to
    the estimated domestic consumption and estimated exports (less
    estimated imports) for the marketing year for which the quota is
    proclaimed, except that the Secretary shall make such adjustment in
    the amount of such quota as he determines necessary after taking
    into consideration the estimated stocks of cotton in the United
    States (including the qualities of such stocks) and stocks in
    foreign countries which would be available for the marketing year
    for which the quota is being proclaimed if no adjustment of such
    quota is made hereunder, to assure the maintenance of adequate but
    not excessive stocks in the United States to provide a continuous
    and stable supply of the different qualities of cotton needed in
    the United States and in foreign cotton consuming countries, and
    for purposes of national security; but the Secretary, in making
    such adjustments, may not reduce the national marketing quota for
    any year below (i) one million bales less than the estimated
    domestic consumption and estimated exports for the marketing year
    for which such quota is being proclaimed, or (ii) ten million
    bales, whichever is larger. Such proclamation shall be made not
    later than October 15 of the calendar year in which such
    determination is made. Notwithstanding the foregoing provisions of
    this section, the national marketing quota for cotton for 1957 and
    1958 shall be not less than the number of bales required to provide
    a national acreage allotment for 1957 and 1958 equal to the
    national acreage allotment for 1956: Provided, That if the acreage
    allotment for any State for 1957 or 1958 is less than its allotment
    for the preceding year by more than 1 per centum, such State
    allotment shall be increased so that the reduction shall not exceed
    1 per centum per annum, and the acreage required for such increase
    shall be in addition to the national acreage allotment for such
    year. Additional acreage apportioned to a State for 1957 or 1958
    under the foregoing proviso shall not be taken into account in
    establishing future State allotments. Notwithstanding any other
    provision of this chapter, the national marketing quota for upland
    cotton for 1959 and subsequent years shall be not less than the
    number of bales required to provide a national acreage allotment
    for each such year of sixteen million acres.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 342, 52 Stat. 56; Aug. 29,
    1949, ch. 518, Sec. 1, 63 Stat. 670; May 28, 1956, ch. 327, title
    III, Sec. 302, 70 Stat. 203; Pub. L. 85-835, title I, Sec. 103(1),
    (2), Aug. 28, 1958, 72 Stat. 989, 990.)

-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-835, Sec. 103(1), substituted proviso
    prescribing, beginning with the 1961 crop, a minimum national
    marketing quota for cotton equal to estimated domestic consumption
    and exports less imports subject to adjustment assuring maintenance
    of adequate but not excessive stocks, the adjustment not to reduce
    the national marketing quota for any year below the larger of (1)
    estimated domestic consumption and exports less one million bales
    or (2) ten million bales, for provisions prescribing for a national
    marketing quota not less than the smaller of ten million bales or
    one million bales less than estimated domestic consumption plus
    exports and providing for 1950 a national marketing quota based on
    a twenty-one million national acreage allotment.
      Pub. L. 85-835, Sec. 103(2), provided for a national marketing
    quota for upland cotton for 1959 and subsequent years based on a
    sixteen million national acreage allotment.
      1956 - Act May 28, 1956, provided that national marketing quota
    for cotton for 1957 and 1958 shall not be less than the number of
    bales required to provide a national acreage allotment for 1957 and
    1958 equal to national acreage allotment for 1956.
      1949 - Act Aug. 29, 1949, amended section generally to set up a
    national marketing quota and to provide for amount and proclamation
    of such quota.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Pub. L. 101-624, title V, Sec. 502, Nov. 28, 1990, 104 Stat.
    3440, provided that: "Sections 342, 343, 344, 345, 346, and 377 of
    the Agricultural Adjustment Act of 1938 (7 U.S.C. 1342-1346 and
    1377) shall not be applicable to any of the 1991 through 1995 crops
    of upland cotton."
      Pub. L. 99-198, title V, Sec. 502, Dec. 23, 1985, 99 Stat. 1418,
    provided that: "Sections 342, 343, 344, 345, 346, and 377 of the
    Agricultural Adjustment Act of 1938 (7 U.S.C. 1342-1346 and 1377)
    [7 U.S.C. 1342, 1343, 1344, 1345, 1346, and 1377] shall not be
    applicable to any of the 1986 through 1990 crops of upland cotton."
      Pub. L. 98-88, Sec. 3, Aug. 26, 1983, 97 Stat. 494, provided
    that: "Sections 342, 343, 344, 344a, 345, 346, and 377 of the
    Agricultural Adjustment Act of 1938, as amended [sections 1342,
    1343, 1344, 1344b, 1345, 1346, and 1377 of this title], shall not
    be applicable to the 1984 and subsequent crops of extra long staple
    cotton."
      Pub. L. 97-98, title V, Sec. 501, Dec. 22, 1981, 95 Stat. 1234,
    provided that: "Sections 342, 343, 344, 345, 346, and 377 of the
    Agricultural Adjustment Act of 1938 [sections 1342, 1343, 1344,
    1345, 1346, and 1377 of this title] shall not be applicable to
    upland cotton of the 1982 through 1985 crops."
      Pub. L. 95-113, title VI, Sec. 601, Sept. 29, 1977, 91 Stat. 933,
    provided that: "Sections 342, 343, 344, 345, 346, and 377 of the
    Agricultural Adjustment Act of 1938, as amended [sections 1342,
    1343, 1344, 1345, 1346, and 1377 of this title], shall not be
    applicable to upland cotton of the 1978 through 1981 crops."
      Pub. L. 91-524, title VI, Sec. 601(1), Nov. 30, 1970, 84 Stat.
    1371, as amended by Pub. L. 93-86, Sec. 1(19)(A), Aug. 10, 1973, 87
    Stat. 233, provided that this section shall not be applicable to
    upland cotton of 1971 through 1977 crops.

           PRELIMINARY ALLOTMENTS FOR 1996 CROP OF UPLAND COTTON       
      Pub. L. 101-624, title V, Sec. 505, Nov. 28, 1990, 104 Stat.
    3440, provided that: "Notwithstanding any other provision of law,
    the permanent State, county, and farm base acreage allotments for
    the 1977 crop of upland cotton, adjusted for any underplantings in
    1977 and reconstituted as provided in section 379 of the
    Agricultural Adjustment Act of 1938 (7 U.S.C. 1379), shall be the
    preliminary allotments for the 1996 crop."

           PRELIMINARY ALLOTMENTS FOR 1991 CROP OF UPLAND COTTON       
      Pub. L. 99-198, title V, Sec. 506, Dec. 23, 1985, 99 Stat. 1418,
    provided that: "Notwithstanding any other provision of law, the
    permanent State, county, and farm base acreage allotments for the
    1977 crop of upland cotton, adjusted for any underplantings in 1977
    and reconstituted as provided in section 379 of the Agricultural
    Adjustment Act of 1938 (7 U.S.C. 1379), shall be the preliminary
    allotments for the 1991 crop."

           PRELIMINARY ALLOTMENTS FOR 1986 CROP OF UPLAND COTTON       
      Pub. L. 97-98, title V, Sec. 506, Dec. 22, 1981, 95 Stat. 1241,
    provided that: "Notwithstanding any other provision of law, the
    permanent State, county, and farm base acreage allotments for the
    1977 crop of upland cotton, adjusted for any underplantings in 1977
    and reconstituted as provided in section 379 of the Agricultural
    Adjustment Act of 1938, as amended [section 1379 of this title],
    shall again become effective as preliminary allotments for the 1986
    crop."

           PRELIMINARY ALLOTMENTS FOR 1982 CROP OF UPLAND COTTON       
      Pub. L. 95-113, title VI, Sec. 606, Sept. 29, 1977, 91 Stat. 940,
    provided that: "Notwithstanding any other provision of law, the
    permanent State, county, and farm base acreage allotments for the
    1977 crop of upland cotton, adjusted for any underplantings in 1977
    and reconstituted as provided in section 379 of the Agricultural
    Adjustment Act of 1938, as amended [section 1379 of this title],
    shall again become effective as preliminary allotments for the 1982
    crop."

-End-

-CITE-
    7 USC Sec. 1342a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1342a. National cotton production goal

-STATUTE-
      The Secretary shall, not later than November 15, of the calendar
    years 1970 through 1976 proclaim a national cotton production goal
    for the 1971 and subsequent crops of upland cotton. The national
    cotton production goal for any year shall be the number of bales of
    upland cotton (standard bales of four hundred and eighty pounds net
    weight) equal to the estimated domestic consumption and estimated
    exports for the marketing year beginning in the calendar year for
    which such national cotton production goal is proclaimed, plus an
    allowance of not less than 5 per centum of such estimated
    consumption and estimated exports for market expansion except that
    the Secretary shall make such adjustments in the amount of such
    production goal as he determines necessary after taking into
    consideration the estimated stocks of upland cotton in the United
    States (including the qualities of such stocks) and stocks in
    foreign countries, which would be available for the marketing year,
    to assure the maintenance of adequate but not excessive carryover
    stocks in the United States (not less than 50 per centum of the
    average offtake for the three preceding marketing years) to provide
    a continuous and stable supply of the different qualities of upland
    cotton needed in the United States and in foreign cotton consuming
    countries and, in addition, to provide an adequate reserve for
    purposes of national security.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 342a, as added Pub. L. 91-
    524, title VI, Sec. 601(2), Nov. 30, 1970, 84 Stat. 1371; amended
    Pub. L. 93-86, Sec. 1(19)(B), Aug. 10, 1973, 87 Stat. 233.)

-MISC1-
                                AMENDMENTS                            
      1973 - Pub. L. 93-86 substituted "1970 through 1976" for "1970,
    1971, and 1972".

                              EFFECTIVE DATE                          
      Section 601 of Pub. L. 91-524 provided that this section is
    effective beginning with the 1971 crop of upland cotton.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.

-End-

-CITE-
    7 USC Sec. 1343                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1343. Referendum

-STATUTE-
      Not later than December 15 following the issuance of the
    marketing quota proclamation provided for in section 1342 of this
    title, the Secretary shall conduct a referendum, by secret ballot,
    of farmers engaged in the production of cotton in the calendar year
    in which the referendum is held, to determine whether such farmers
    are in favor of or opposed to the quota so proclaimed. If more than
    one-third of the farmers voting in the referendum oppose the
    national marketing quota, such quota shall become ineffective upon
    proclamation of the results of the referendum. The Secretary shall
    proclaim the results of any referendum held hereunder within thirty
    days after the date of such referendum. Notwithstanding any other
    provision hereof, the referendum with respect to the national
    marketing quota for cotton for the marketing year beginning August
    1, 1986, may be conducted not later than thirty-one days after
    adjournment sine die of the first session of the Ninety-ninth
    Congress.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 343, 52 Stat. 56; Apr. 7,
    1938, ch. 107, Sec. 8, 52 Stat. 203; July 26, 1939, ch. 376, 53
    Stat. 1125; July 3, 1948, ch. 827, title II, Sec. 207(c), 62 Stat.
    1257; Aug. 29, 1949, ch. 518, Sec. 1, 63 Stat. 670; Oct. 31, 1949,
    ch. 792, title IV, Sec. 415(e), 63 Stat. 1058; Pub. L. 97-77, Sec.
    2(c), Nov. 13, 1981, 95 Stat. 1069; Pub. L. 99-157, Sec. 4, Nov.
    15, 1985, 99 Stat. 818.)

-COD-
                               CODIFICATION                           
      Provision that if marketing quotas were proclaimed for the 1950
    crop, farmers eligible to vote in the referendum with respect to
    such crop were to be those farmers who had produced cotton in the
    1948 calendar year was omitted from the Code.

-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-157 amended last sentence generally,
    substituting "August 1, 1986, may be conducted not later than
    thirty-one days after adjournment sine die of the first session of
    the Ninety-ninth Congress" for "August 1, 1982, may be conducted
    not later than the earlier of the following: (1) thirty days after
    adjournment sine die of the first session of the Ninety-seventh
    Congress, or (2) January 1, 1982".
      1981 - Pub. L. 97-77 inserted provision that the referendum with
    respect to the national marketing quota for cotton for the
    marketing year beginning Aug. 1, 1982, be conducted not later than
    the earlier of the following: (1) thirty days after adjournment
    sine die of the first session of the Ninety-seventh Congress, or
    (2) Jan. 1, 1982.
      1949 - Act Aug. 29, 1949, amended section generally by providing
    for a secret referendum. Former provisions of this section are now
    covered by section 1342 of this title.
      Subsec. (a). Act Oct. 31, 1949, repealed amendatory provisions of
    act July 3, 1948.
      1948 - Subsec. (a). Act July 3, 1948, required Secretary to take
    imports into consideration in determining acreage allotments for
    purposes of marketing quotas.
      1939 - Subsec. (b). Act July 26, 1939, inserted last sentence.
      1938 - Subsec. (c). Act Apr. 7, 1938, substituted "for any year"
    for "for 1938 and 1939".

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act July 3, 1948, effective Jan. 1, 1950, see
    section 303 of act July 3, 1948, set out as a note under section
    1301 of this title.

                        INAPPLICABILITY OF SECTION                    
      Section inapplicable to 1984 and subsequent crops of extra long
    staple cotton, see section 3 of Pub. L. 98-88, set out as a note
    under section 1342 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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of upland cotton,
    see section 502 of Pub. L. 101-624, set out as a note under section
    1342 of this title.
      Section inapplicable to 1986 through 1990 crops of upland cotton,
    see section 502 of Pub. L. 99-198, set out as a note under section
    1342 of this title.
      Section inapplicable to 1982 through 1985 crops of upland cotton,
    see section 501 of Pub. L. 97-98, set out as a note under section
    1342 of this title.
      Section inapplicable to 1978 through 1981 crops of upland cotton,
    see section 601 of Pub. L. 95-113, set out as a note under section
    1342 of this title.
      Pub. L. 91-524, title VI, Sec. 601(1), Nov. 30, 1970, 84 Stat.
    1371, as amended by Pub. L. 93-86, Sec. 1(19)(A), Aug. 10, 1973, 87
    Stat. 233, provided that this section is inapplicable to 1971
    through 1977 crops of upland cotton.

-End-

-CITE-
    7 USC Sec. 1344                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1344. Apportionment of national acreage allotments

-STATUTE-
    (a) Basis
      Whenever a national marketing quota is proclaimed under section
    1342 of this title, the Secretary shall determine and proclaim a
    national acreage allotment for the crop of cotton to be produced in
    the next calendar year. The national acreage allotment for cotton
    shall be that acreage, based upon the national average yield per
    acre of cotton for the four years immediately preceding the
    calendar year in which the national marketing quota is proclaimed,
    required to make available from such crop an amount of cotton equal
    to the national marketing quota.
    (b) Apportionment among States for year 1953 and subsequent years;
      adjustment; national acreage reserve
      The national acreage allotment for cotton for 1953 and subsequent
    years shall be apportioned to the States on the basis of the
    acreage planted to cotton (including the acreage regarded as having
    been planted to cotton under the provisions of Public Law 12,
    Seventy-ninth Congress) during the five calendar years immediately
    preceding the calendar year in which the national marketing quota
    is proclaimed, with adjustments for abnormal weather conditions
    during such period: Provided, That there is established a national
    acreage reserve consisting of three hundred and ten thousand acres
    which shall be in addition to the national acreage allotment; and
    such reserve shall be apportioned to the States on the basis of
    their needs for additional acreage for establishing minimum farm
    allotments under subsection (f)(1) of this section, as determined
    by the Secretary without regard to State and county acreage
    reserves (except that the amount apportioned to Nevada shall be one
    thousand acres). For the 1960 and succeeding crops of cotton, the
    needs of States (other than Nevada) for such additional acreage for
    such purpose may be estimated by the Secretary, after taking into
    consideration such needs as determined or estimated for the
    preceding crop of cotton and the size of the national acreage
    allotment for such crop. The additional acreage so apportioned to
    the State shall be apportioned to the counties on the basis of the
    needs of the counties for such additional acreage for such purpose,
    and added to the county acreage allotment for apportionment to
    farms pursuant to subsection (f) of this section (except that no
    part of such additional acreage shall be used to increase the
    county reserve above 15 per centum of the county allotment
    determined without regard to such additional acreage). Additional
    acreage apportioned to a State for any year under the foregoing
    proviso shall not be taken into account in establishing future
    State acreage allotments. Needs for additional acreage under the
    foregoing provisions and under the last proviso in subsection (e)
    of this section shall be determined or estimated as though
    allotments were first computed without regard to subsection (f)(1)
    of this section.
    (c) Apportionment among States for years 1950 and 1951; computation
      and adjustment
      The national acreage allotments for cotton for the years 1950 and
    1951 shall be apportioned to the States on the basis of a national
    acreage allotment base of twenty-two million five hundred thousand
    acres, computed and adjusted as follows:
        (1) The average of the planted acreages (including acreage
      regarded as planted under the provisions of Public Law 12,
      Seventy-ninth Congress) in the States for the years 1945, 1946,
      1947, and 1948 shall constitute the national base; except that in
      the case of any State having a 1948 planted cotton acreage of
      over one million acres and less than 50 per centum of the 1943
      allotment, the average of the acreage planted (or regarded as
      planted under Public Law 12, Seventy-ninth Congress) for the
      years 1944, 1945, 1946, 1947, and 1948 shall constitute the base
      for such State and shall be included in computing the national
      base; to this is to be added (A) the estimated additional acreage
      for each State required for small-farm allotments under
      subsection (f)(1) of this section; (B) the acreage required as a
      result of the State adjustment provisions of paragraph (2) of
      this subsection; (C) the additional acreage required to determine
      a total national allotment base of twenty-two million five
      hundred thousand acres, which additional acreage shall be
      distributed on a proportionate basis among States receiving no
      adjustment under paragraph (2) of this subsection.
        (2) Notwithstanding the provisions of paragraph (1) of this
      subsection, the acreage allotment base for 1950 and 1951 for any
      State (on the basis of a national acreage allotment base of
      twenty-two million five hundred thousand acres) shall not be less
      than the larger of (1) 95 per centum of the average acreage
      actually planted to cotton in the State during the years 1947 and
      1948, or (2) 85 per centum of the acreage planted to cotton in
      the State in 1948.
        (3) If the national acreage allotment for 1950 or 1951 is more
      or less than twenty-two million five hundred thousand acres,
      horizontal adjustments shall be made percentagewise by States so
      as to reflect the ratio of the national acreage allotment for
      1950 and 1951 to twenty-two million five hundred thousand acres.
    (d) Apportionment for year 1952; adjustment
      The national acreage allotment for cotton for 1952 shall be
    apportioned to States on the basis of the acreage planted to cotton
    (including the acreage regarded as having been planted to cotton
    under the provisions of Public Law 12, Seventy-ninth Congress)
    during the years 1946, 1947, 1948, and 1950, with adjustments for
    abnormal weather conditions during such period.
    (e) Apportionment among counties; reservation of acreage;
      additional acreage for establishing minimum farm allotments
      The State acreage allotment for cotton shall be apportioned to
    counties on the same basis as to years and conditions as is
    applicable to the State under subsections (b), (c), and (d) of this
    section: Provided, That the State committee may reserve not to
    exceed 10 per centum of its State acreage allotment (15 per centum
    if the State's 1948 planted acreage was in excess of one million
    acres and less than half its 1943 allotment) which shall be used to
    make adjustments in county allotments for trends in acreage, for
    counties adversely affected by abnormal conditions affecting
    plantings, or for small or new farms, or to correct inequities in
    farm allotments and to prevent hardship: Provided further, That if
    the additional acreage allocated to a State under the proviso in
    subsection (b) of this section is less than the requirements as
    determined or estimated by the Secretary for establishing minimum
    farm allotments for the State under subsection (f)(1) of this
    section, the acreage reserved under this subsection shall not be
    less than the smaller of (1) the remaining acreage so determined or
    estimated to be required for establishing minimum farm allotments
    or (2) 3 per centum of the State acreage allotment; and the acreage
    which is required to be reserved under this proviso shall be
    allocated to counties on the basis of their needs for additional
    acreage for establishing minimum farm allotments under subsection
    (f)(1) of this section, and added to the county acreage allotment
    for apportionment to farms pursuant to subsection (f) of this
    section (except that no part of such additional acreage shall be
    used to increase the county reserve above 15 per centum of the
    county allotment determined without regard to such additional
    acreages).
    (f) Apportionment among farms
      The county acreage allotment, less not to exceed the percentage
    provided for in paragraph 3 of this subsection, shall be
    apportioned to farms on which cotton has been planted (or regarded
    as having been planted under the provisions of Public Law 12,
    Seventy-ninth Congress) in any one of the three years immediately
    preceding the year for which such allotment is determined on the
    following basis:
        (1) Insofar as such acreage is available, there shall be
      allotted the smaller of the following: (A) ten acres; or (B) the
      acreage allotment established for the farm for the 1958 crop.
        (2) The remainder shall be allotted to farms other than farms
      to which an allotment has been made under paragraph (1)(B) of
      this subsection so that the allotment to each farm under this
      paragraph together with the amount of the allotment to such farm
      under paragraph (1)(A) of this subsection shall be a prescribed
      percentage (which percentage shall be the same for all such farms
      in the county or administrative area) of the acreage, during the
      preceding year, on the farm which is tilled annually or in
      regular rotation, excluding from such acreages the acres devoted
      to the production of sugarcane for sugar; sugar beets for sugar;
      wheat, tobacco, or rice for market; peanuts picked and threshed;
      wheat or rice for feeding to livestock for market; or lands
      determined to be devoted primarily to orchards or vineyards, and
      nonirrigated lands in irrigated areas: Provided, however, That if
      a farm would be allotted under this paragraph an acreage together
      with the amount of the allotment to such farm under paragraph
      (1)(A) of this subsection in excess of the largest acreage
      planted (and regarded as planted under Public Law 12, Seventy-
      ninth Congress) to cotton during any of the preceding three
      years, the acreage allotment for such farm shall not exceed such
      largest acreage so planted (and regarded as planted under Public
      Law 12, Seventy-ninth Congress) in any such year.
        (3) The county committee may reserve not in excess of 15 per
      centum of the county allotment (15 per centum if the State's 1948
      planted cotton acreage was in excess of one million acres and
      less than half its 1943 allotment) which, in addition to the
      acreage made available under the proviso in subsection (e) of
      this section, shall be used for (A) establishing allotments for
      farms on which cotton was not planted (or regarded as planted
      under Public Law 12, Seventy-ninth Congress) during any of the
      three calendar years immediately preceding the year for which the
      allotment is made, on the basis of land, labor, and equipment
      available for the production of cotton, crop-rotation practices,
      and the soil and other physical facilities affecting the
      production of cotton; and (B) making adjustments of the farm
      acreage allotments established under paragraphs (1) and (2) of
      this subsection so as to establish allotments which are fair and
      reasonable in relation to the factors set forth in this paragraph
      and abnormal conditions of production on such farms, or in making
      adjustments in farm acreage allotments to correct inequities and
      to prevent hardship: Provided, That not less than 20 per centum
      of the acreage reserved under this subsection shall, to the
      extent required, be allotted, upon such basis as the Secretary
      deems fair and reasonable to farms (other than farms to which an
      allotment has been made under paragraph (1)(B) of this
      subsection), if any, to which an allotment of not exceeding
      fifteen acres may be made under other provisions of this
      subsection.
        (4) Any part of the acreage allotted for 1950 to individual
      farms in any county under the provisions of this section which
      will not be planted to cotton and which is voluntarily
      surrendered to the county committee shall be deducted from the
      allotments to such farms and may be reapportioned by the county
      committee to other farms in the same county receiving allotments
      to the extent necessary to provide such farms with the allotments
      authorized under paragraph (5) of this subsection. If any acreage
      remains after providing such allotments, it may be apportioned in
      amounts determined by the county committee to be fair and
      reasonable to other farms in the same county receiving allotments
      which the county committee determines are inadequate and not
      representative in view of their past production of cotton and to
      new farms in such county. No allotment shall be made, or
      increased, by reason of this paragraph to an acreage in excess of
      40 per centum of the acreage on the farm which is tilled annually
      or in regular rotation, as determined under regulations
      prescribed by the Secretary. Any transfer of allotment under this
      paragraph shall not operate to reduce the allotment for any
      subsequent year for the farm from which acreage is transferred,
      except in accordance with paragraph (1)(B) and the proviso in
      paragraph (2) of this subsection: Provided, That any part of any
      farm acreage allotment may be permanently released in writing to
      the county committee by the owner and operator of the farm and
      may be reapportioned in the manner set forth above. In any
      subsequent year, unless hereafter otherwise provided by law,
      acreage surrendered under this paragraph and reallocated pursuant
      to applications filed in accordance with the provisions of
      paragraph (5) of this section shall be credited to the State and
      county in determining acreage allotments.
        (5) Notwithstanding any other provision of law and without
      reducing any farm acreage allotment determined pursuant to the
      foregoing provisions of this subsection, each farm acreage
      allotment for 1950 shall be increased by such amount as may be
      necessary to provide an allotment equal to the larger of 65 per
      centum of the average acreage planted to cotton (or regarded as
      planted to cotton under the provisions of Public Law 12, Seventy-
      ninth Congress) on the farm in 1946, 1947, and 1948, or 45 per
      centum of the highest acreage planted to cotton (or regarded as
      planted to cotton under Public Law 12, Seventy-ninth Congress) on
      the farm in any one of such three years; but no such allotment
      shall be increased by reason of this provision to an acreage in
      excess of 40 per centum of the acreage on the farm which is
      tilled annually or in regular rotation, as determined under
      regulations prescribed by the Secretary. An increase in any 1950
      farm acreage allotment shall be made pursuant to this paragraph
      only upon application in writing by the owner or operator of the
      farm within such reasonable period of time (in no event less than
      fifteen days) as may be prescribed by the Secretary. The
      additional acreage required to be allotted to farms under this
      paragraph shall be in addition to the county, State, and national
      acreage allotments and the production from such acreage shall be
      in addition to the national marketing quota. The additional
      acreage authorized by this paragraph shall not be taken into
      account in establishing future State, county, and farm acreage
      allotments.
        (6) Notwithstanding the provisions of paragraph (2) of the
      subsection, if the county committee recommends such action and
      the Secretary determines that such action will result in a more
      equitable distribution of the county allotment among farms in the
      county, the remainder of the county acreage allotment (after
      making allotments as provided in paragraph (1) of this
      subsection) shall be allotted to farms other than farms to which
      an allotment has been made under paragraph (1)(B) of this
      subsection so that the allotment to each farm under this
      paragraph together with the amount of the allotment of such farm
      under paragraph (1)(A) of this subsection shall be a prescribed
      percentage (which percentage shall be the same for all such farms
      in the county) of the average acreage planted to cotton on the
      farm during the three years immediately preceding the year for
      which such allotment is determined, adjusted as may be necessary
      for abnormal conditions affecting plantings during such three-
      year period: Provided, That the county committee may in its
      discretion limit any farm acreage allotment established under the
      provisions of this paragraph for any year to an acreage not in
      excess of 50 per centum of the cropland on the farm, as
      determined pursuant to the provisions of paragraph (2) of this
      subsection: Provided further, That any part of the county acreage
      allotment not apportioned under this paragraph by reason of the
      initial application of such 50 per centum limitation shall be
      added to the county acreage reserve under paragraph (3) of this
      subsection and shall be available for the purposes specified
      therein. If the county acreage allotment is apportioned among the
      farms of the county in accordance with the provisions of this
      paragraph, the acreage reserved under paragraph (3) of this
      subsection may be used to make adjustments so as to establish
      allotments which are fair and reasonable to farms receiving
      allotments under this paragraph in relation to the factors set
      forth in paragraph (3) of this subsection.
        (7)(A) In the event that any farm acreage allotment is less
      than that prescribed by paragraph (1) of this subsection, such
      acreage allotment shall be increased to the acreage prescribed by
      said paragraph (1). The additional acreage required to be
      allotted to farms under this paragraph shall be in addition to
      the county, State, and national acreage allotments and the
      production from such acreage shall be in addition to the national
      marketing quota.
        (B) Notwithstanding any other provision of law - 
          (i) the acreage by which any farm acreage allotment for 1959
        or any subsequent crop established under paragraph (1) of this
        subsection exceeds the acreage which would have been allotted
        to such farm if its allotment had been computed on the basis of
        the same percentage factor applied to other farms in the county
        under paragraph (2), (6), or (8) of this subsection shall not
        be taken into account in establishing the acreage allotment for
        such farm for any crop for which acreage is allotted to such
        farm under paragraph (2), (6), or (8) of this subsection; and
        acreage shall be allotted under paragraph (2), (6), or (8) of
        this subsection to farms which did not receive 1958 crop
        allotments in excess of ten acres if and only if the Secretary
        determines (after considering the allotments to other farms in
        the county for such crop compared with their 1958 allotments
        and other relevant factors) that equity and justice require the
        allotment of additional acreage to such farm under paragraph
        (2), (6), or (8) of this subsection,
          (ii) the acreage by which any county acreage allotment for
        1959 or any subsequent crop is increased from the national or
        State reserve on the basis of its needs for additional acreage
        for establishing minimum farm allotments shall not be taken
        into account in establishing future county acreage allotments,
        and
          (iii) the additional acreage allotted pursuant to
        subparagraph (A) of this paragraph (7) shall not be taken into
        account in establishing future State, county, or farm acreage
        allotments.

        (8) Notwithstanding the foregoing provisions of paragraphs (2)
      and (6) of this subsection, the Secretary shall, if allotments
      were in effect the preceding year, provide for the county acreage
      allotment for the 1959 and succeeding crops of cotton, less the
      acreage reserved under paragraph (3) of this subsection, to be
      apportioned to farms on which cotton has been planted in any one
      of the three years immediately preceding the year for which such
      allotment is determined, on the basis of the farm acreage
      allotment for the year immediately preceding the year for which
      such apportionment is made, adjusted as may be necessary (i) for
      any change in the acreage of cropland available for the
      production of cotton, or (ii) to meet the requirements of any
      provision (other than those contained in paragraphs (2) and (6))
      with respect to the counting of acreage for history purposes:
      Provided, That, beginning with allotments established for the
      1961 crop of cotton, if the acreage actually planted (or regarded
      as planted under the Soil Bank Act, the environmental quality
      incentives program established under chapter 4 of subtitle D of
      title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa et
      seq.], and the release and reapportionment provisions of
      subsection (m) (2) of this section) to cotton on the farm in the
      preceding year was less than 75 per centum of the farm allotment
      for such year or, in the case of a farm which qualified for price
      support on the crop produced in such year under section 1444(b)
      of this title, 75 per centum of the farm domestic allotment
      established under section 1350 of this title for such year,
      whichever is smaller, in lieu of using such allotment as the farm
      base as provided in this paragraph, the base shall be the average
      of (1) the cotton acreage for the farm for the preceding year as
      determined for purposes of this proviso and (2) the allotment
      established for the farm pursuant to the provisions of this
      subsection for such preceding year; and the 1958 allotment used
      for establishing the minimum farm allotment under paragraph (1)
      of this subsection shall be adjusted to the average acreage so
      determined. The base for a farm shall not be adjusted as provided
      in this paragraph if the county committee determines that failure
      to plant at least 75 per centum of the farm allotment was due to
      conditions beyond the control of producers on the farm. The
      Secretary shall establish limitations to prevent allocations of
      allotment to farms not affected by the foregoing proviso, which
      would be excessive on the basis of the cropland, past cotton
      acreage, allotments for other commodities, and good soil
      conservation practices on such farms.
    (g) Law and conditions governing establishment of acreage
      allotments and yields
      Notwithstanding the foregoing provisions of this section - 
        (1) State, county, and farm acreage allotments and yields for
      cotton shall be established in conformity with section 1344a of
      this title.
        (2) In apportioning the county allotment among the farms within
      the county, the Secretary, through the local committees, shall
      take into consideration different conditions within separate
      administrative areas within a county if any exist, including
      types, kinds, and productivity of the soil so as to prevent
      discrimination among the administrative areas of the county.
    (h) Repealed. Feb. 16, 1938, ch. 30, title III, Sec. 378(d), as
      added Aug. 28, 1958, Pub. L. 85-835, title V, Sec. 501, 72 Stat.
      996
    (i) Excess planting; old and new farm allotment
      Notwithstanding any other provision of this chapter, any acreage
    planted to cotton in excess of the farm acreage allotment shall not
    be taken into account in establishing State, county, and farm
    acreage allotments. Notwithstanding any other provision of this
    chapter, beginning with the 1960 crop the planting of cotton on a
    farm in any of the immediately preceding three years that
    allotments were in effect but no allotment was established for such
    farm for any year of such three-year period shall not make the farm
    eligible for an allotment as an old farm under subsection (f) of
    this section: Provided, however, That by reason of such planting
    the farm need not be considered as ineligible for a new farm
    allotment under subsection (f)(3) of this section.
    (j) Availability of records for inspection
      Notwithstanding any other provision of this chapter, State and
    county committees shall make available for inspection by owners or
    operators of farms receiving cotton acreage allotments all records
    pertaining to cotton acreage allotments and marketing quotas.
    (k) Minimum allotments to States
      Notwithstanding any other provision of this section except
    subsection (g)(1) of this section, there shall be allotted to each
    State for which an allotment is made under this section not less
    than the smaller of (A) four thousand acres or (B) the highest
    acreage planted to cotton in any one of the three calendar years
    immediately preceding the year for which the allotment is made.
    (l) Administration of law governing war crops
      Notwithstanding any other provision of law, the Secretary, in
    administering the provisions of Public Law 12, Seventy-ninth
    Congress, as it relates to war crops, shall carry out the
    provisions of such Act in the following manner:
        (i) A survey shall be conducted of every farm which had a 1942
      cotton acreage allotment, and of such other farms as the
      Secretary considers necessary in the administration of Public Law
      12. This survey shall obtain for each farm the most accurate
      information possible on (a) the total acreage in cultivation, and
      (b) the acreage of individual crops planted on each farm in the
      years 1941, 1945, 1946, and 1947.
        (ii) An eligible farm for war-crop credit shall be a farm on
      which (a) the cotton acreage on the farm in 1945, 1946, or 1947,
      was reduced below the cotton acreage planted on the farm in 1941;
      (b) the war-crop acreage on the farm in 1945, 1946, or 1947, was
      increased above the war-crop acreage on the farm in 1941; and (c)
      the farm had a cotton acreage allotment in 1942.
        (iii) A farm shall be regarded as having planted cotton (in
      addition to the actual acreage planted to cotton) to the extent
      of the lesser of (a) the reduction in cotton acreage for each of
      the years 1945, 1946, and 1947, below the acreage planted to
      cotton in 1941, or (b) the increase in war crops for each of the
      years 1945, 1946, and 1947, above that planted to such war crops
      in 1941. However, the county committee may be given the
      discretion to adjust such war-crop credit when the county
      committee determines that the reduction in cotton acreage was not
      related to an increase in war crops, but the adjustment shall be
      made only after consultation with the producer.
        (iv) The Secretary, using the best information obtainable, and
      working with and through the State and county committees, shall
      use whatever means necessary to make an accurate determination of
      the credits due each individual farm, under Public Law 12.
        (v) The total of the war-crop credits due the individual farms
      in each county shall be credited to the county and the total of
      the war-crop credits due all of the counties in a State shall be
      credited to the State.
        (vi) The acreage credited to States, counties, and farms for
      the years 1945, 1946, or 1947, because of war crops, shall be
      taken into full account in the determination and distribution of
      cotton acreage allotments on a national, State, county, and farm
      basis.
    (m) Acreage allotments, 1954; increases; apportionments;
      limitations; unallotted farm acreage; reapportionment of
      surrendered acreage; extra long staple cotton; reserve acreage
      Notwithstanding any other provision of law - 
        (1) The national acreage allotment established under subsection
      (a) of this section for the 1954 crop of cotton shall be
      increased to twenty-one million acres and apportioned to the
      States in the same manner in which the national acreage allotment
      heretofore established for 1954 was apportioned to the States. In
      addition to such increased national acreage allotment, and in
      order to provide equitable adjustments in 1954 farm acreage
      allotments, (A) three hundred and fifteen thousand additional
      acres shall be prorated as follows: one-half to the States of
      Arizona, California, and New Mexico, and one-half to the other
      States (excluding those which receive a minimum allotment under
      subsection (k) of this section), the proration of each half being
      made to the States participating therein on the basis of their
      respective shares of the increased national acreage allotment,
      and (B) such additional acreage shall be added as may be required
      to provide each State a total allotment under subsection (b) of
      this section and the provisions of this paragraph of not less
      than 66 per centum of the acreage planted to cotton in the State
      in 1952. The additional acreage made available to States under
      clause (B) of the preceding sentence shall not be taken into
      account in establishing future State acreage allotments. The
      additional acreage made available to States under the provisions
      of this paragraph shall be apportioned to counties on the basis
      of their respective shares of the State acreage allotment
      heretofore apportioned pursuant to subsection (e) of this
      section, and the additional acreage shall be apportioned to farms
      pursuant to the provisions of subsection (f) of this section:
      Provided, That, if the county committee determines that such
      action will result in a more equitable distribution of the
      additional county allotment among farms in the county, the
      additional acreage shall be apportioned by the county committee
      to farms so as to provide each farm with an allotment equal to
      the larger of 65 per centum of the average acreage planted to
      cotton on the farm in 1951, 1952, and 1953 (as determined by the
      county committee in establishing allotments under subsection (f)
      of this section) or 40 per centum of the highest acreage planted
      to cotton on the farm in any one of such three years as so
      determined: Provided, That the State committee in each State
      shall limit such increase based on the system of farming, soil,
      crop-rotation practices, and other physical factors affecting
      production in such State, to an acreage not in excess of 50 per
      centum of the cropland on the farm, as determined under
      regulations heretofore prescribed by the Secretary. If the
      additional acreage is insufficient to meet the total of the farm
      increases so computed, such farm increases shall be reduced pro
      rata to the additional acreage available to the county; if the
      additional acreage available to the county is in excess of the
      total of the farm increases so computed the acreage remaining
      after making such increases shall be allotted to farms pursuant
      to the provisions of subsection (f)(3) of this section.
      Notwithstanding the foregoing provisions of this paragraph, if
      the State committee determines that such action will result in a
      more equitable distribution of the additional acreage made
      available to the State under this paragraph it shall apportion
      such additional allotment directly to farms so as to provide each
      farm with an allotment equal to the larger of 65 per centum of
      the average acreage planted to cotton on the farm in 1951, 1952,
      and 1953 (as determined by the county committee in establishing
      allotments under subsection (f) of this section) or 40 per centum
      of the highest acreage planted to cotton on the farm in any one
      of such three years as so determined: Provided, That the State
      committee in each State shall limit such increase based on the
      system of farming, soil, crop-rotation practices, and other
      physical factors affecting production in such State, to an
      acreage not in excess of 50 per centum of the cropland on the
      farm, as determined under regulations heretofore prescribed by
      the Secretary: Provided, That if the State total of the farm
      increases so computed exceeds the additional acreage made
      available to the State under this paragraph, such farm increases
      shall be reduced pro rata to the additional acreage available to
      the State. Any acreage unallotted to farms because of the
      limitations contained in the preceding sentence shall be
      apportioned by the State committee to counties on the basis of
      past acreages planted to cotton and shall be used by county
      committees for adjustments in farm allotments on the basis of one
      or more of the following: The past acreage of cotton on the farm,
      the percentage of cropland heretofore determined under subsection
      (f)(2) of this section, and the factors enumerated in subsection
      (f)(3) of this section. Before apportioning such unallotted
      acreage to counties as provided in the foregoing sentence, the
      State committee may, if it determines that such action is
      required to provide equitable allotments within the State,
      apportion such unallotted acreage directly to farms to the extent
      required to provide each farm with the minimum allotment
      described in subsection (f)(1) of this section. Any part of the
      county allotment heretofore established for the 1954 crop which
      was not apportioned to farms because of the limitation contained
      in the proviso in subsection (f)(2) of this section shall be
      available to the State committee and used as provided above for
      apportionment of unallotted acreage to farms. The provisions of
      this subsection, except paragraph (2) of this subsection, shall
      not apply to extra long staple cotton covered by section 1347 of
      this title.
        (2) Any part of any farm cotton acreage allotment on which
      cotton will not be planted and which is voluntarily surrendered
      to the county committee shall be deducted from the allotment to
      such farm and may be reapportioned by the county committee to
      other farms in the same county receiving allotments in amounts
      determined by the county committee to be fair and reasonable on
      the basis of past acreage of cotton land, labor, equipment
      available for the production of cotton, crop rotation practices,
      and soil and other physical facilities affecting the production
      of cotton. If all of the allotted acreage voluntarily surrendered
      is not needed in the county, the county committee may surrender
      the excess acreage to the State committee to be used for the same
      purposes as the State acreage reserve under subsection (e) of
      this section. Any allotment released under this provision shall
      be regarded for the purposes of establishing future allotments as
      having been planted on the farm and in the county where the
      release was made rather than on the farm and in the county to
      which the allotment was transferred, except that this shall not
      operate to make the farm from which the allotment was transferred
      eligible for an allotment as having cotton planted thereon during
      the three-year base period: Provided, That notwithstanding any
      other provisions of law, any part of any farm acreage allotment
      may be permanently released in writing to the county committee by
      the owner and operator of the farm, and reapportioned as provided
      herein. Acreage released under this paragraph shall be credited
      to the State in determining future allotments. The provisions of
      this paragraph shall apply also to extra long staple cotton
      covered by section 1347 of this title.
        (3) Notwithstanding any other provision of this section or
      other provision of law, the acreage allotted to any State for
      1954 under the provisions of subsection (b) of this section and
      the provisions of paragraph (1) of this subsection which is less
      than one hundred thousand acres but more than thirty thousand
      acres shall be increased by an acreage equal to 15 per centum of
      the acreage allotted to it prior to January 30, 1954. Such
      acreage shall be used by the State committee as a reserve to make
      equitable adjustments in 1954 farm acreage allotments on the
      basis of land, labor, equipment available for the production of
      cotton, crop-rotation practices, past acreages of cotton, soil,
      and other physical factors affecting the production of cotton.
    (n) Transfer of farm cotton acreage allotments in case of natural
      disasters; eligibility for allotment
      Notwithstanding any other provision of this chapter, if the
    Secretary determines for any year that because of a natural
    disaster a portion of the farm cotton acreage allotments in a
    county cannot be timely planted or replanted in such year, he may
    authorize for such year the transfer of all or a part of the cotton
    acreage allotment for any farm in the county so affected to another
    farm in the county or in an adjoining county on which one or more
    of the producers on the farm from which the transfer is to be made
    will be engaged in the production of cotton and will share in the
    proceeds thereof, in accordance with such regulations as the
    Secretary may prescribe. Any farm allotment transferred under this
    paragraph shall be deemed to be released acreage for purposes of
    acreage history credits under subsections (f)(8) and (m)(2) of this
    section, and section 1377 of this title: Provided, That,
    notwithstanding the provisions of subsection (m)(2) of this
    section, the transfer of any farm allotment under this subsection
    for any year shall operate to make the farm from which the
    allotment was transferred eligible for an allotment as having
    cotton planted thereon during the three-year base period.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 344, 52 Stat. 57; Apr. 7,
    1938, ch. 107, Sec. 9, 52 Stat. 203; May 31, 1938, ch. 292, Sec. 1,
    52 Stat. 586; Mar. 13, 1939, ch. 9, 53 Stat. 512; June 22, 1939,
    ch. 238, Secs. 1-3, 53 Stat. 853; Feb. 6, 1942, ch. 44, Sec. 3, 56
    Stat. 52; Aug. 29, 1949, ch. 518, Sec. 1, 63 Stat. 670; Oct. 31,
    1949, ch. 792, title IV, Sec. 419, 63 Stat. 1062; Mar. 31, 1950,
    ch. 81, Sec. 1, 64 Stat. 40; Jan. 30, 1954, ch. 2, Secs. 1-3, 68
    Stat. 4-6; Aug. 28, 1954, ch. 1041, title III, Sec. 310, 68 Stat.
    904; May 28, 1956, ch. 327, title III, Sec. 303(a)-(d), 70 Stat.
    203; Pub. L. 85-456, June 11, 1958, 72 Stat. 186; Pub. L. 85-835,
    title I, Secs. 103(4), 104(a)-(d), 105-107, Aug. 28, 1958, 72 Stat.
    990-992; Feb. 16, 1938, ch. 30, title III, Sec. 378(d), as added
    Pub. L. 85-835, title V, Sec. 501, Aug. 28, 1958, 72 Stat. 996;
    Pub. L. 86-172, Sec. 2, Aug. 18, 1959, 73 Stat. 393; Pub. L. 87-37,
    May 20, 1961, 75 Stat. 84; Pub. L. 87-446, Apr. 27, 1962, 76 Stat.
    64; Pub. L. 88-12, Apr. 26, 1963, 77 Stat. 13; Pub. L. 88-297,
    title I, Sec. 106(3), (8), Apr. 11, 1964, 78 Stat. 177; Pub. L. 104-
    127, title III, Sec. 336(b)(2)(A), Apr. 4, 1996, 110 Stat. 1006.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 12, Seventy-ninth Congress, referred to in subsecs.
    (b), (c), (d), (f), (l), is act Feb. 28, 1945, ch. 15, 59 Stat. 9,
    which related to Emergency Farm Acreage Allotments. See note below.
    For complete classification of this Act to the Code, see Tables.
      The Soil Bank Act, referred to in subsec. (f)(8), is act May 28,
    1956, ch. 327, 70 Stat. 188, as amended, which was classified to
    subchapters I to III of chapter 45 (Sec. 1801 et seq.) of this
    title and was repealed by Pub. L. 89-321, title VI, Sec. 601, Nov.
    3, 1965, 79 Stat. 1206. For complete classification of this Act to
    the Code prior to its repeal, see Tables.
      The Food Security Act of 1985, referred to in subsec. (f)(8), is
    Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter 4
    of subtitle D of title XII of the Act is classified generally to
    part IV (Sec. 3839aa et seq.) of subchapter IV of chapter 58 of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Short Title of 1985 Amendment note set out under
    section 1281 of this title and Tables.
      Section 1347 of this title, referred to in subsec. (m)(1), (2),
    was repealed by Pub. L. 98-88, Sec. 2, Aug. 26, 1983, 97 Stat. 494.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (f)(8). Pub. L. 104-127 substituted "environmental
    quality incentives program established under chapter 4 of subtitle
    D of title XII of the Food Security Act of 1985" for "Great Plains
    program".
      1964 - Subsec. (f)(8). Pub. L. 88-297, Sec. 106(3), inserted "or,
    in the case of a farm which qualified for price support on the crop
    produced in such year under section 1444(b) of this title, 75 per
    centum of the farm domestic allotment established under section
    1350 of this title for such year, whichever is smaller" after "75
    per centum of the farm allotment for such year" to protect the farm
    base of any farm participating in the domestic allotment choice
    program if the acreage planted on the farm was at least 75 per
    centum of the farm domestic allotment.
      Subsec. (n). Pub. L. 88-297, Sec. 106(8), extended the transfer
    provisions to natural disasters occurring in any year instead of
    only during 1963.
      1963 - Subsec. (n). Pub. L. 88-12 substituted "portion of the
    1963" for "substantial portion of the 1962", and inserted proviso
    "that notwithstanding subsection (m)(2) of this section, transfers
    under this subsection for 1963 makes the farm from which the
    allotment was transferred eligible for an allotment as having
    cotton during the three-year period".
      1962 - Subsec. (n). Pub. L. 87-466 substituted "1962" for "1961".
      1961 - Subsec. (n). Pub. L. 87-37 substituted "1961" for "1958",
    and "Any farm allotment transferred under this paragraph shall be
    deemed to be released acreage for purposes of acreage history
    credits under subsections (f)(8) and (m)(2) of this section, and
    section 1377 of this title" for "Acreage history credits for
    transferred acreage shall be governed by the provisions of
    subsection (m)(2) of this section pertaining to the release and
    reapportionment of acreage allotments. No transfer hereunder shall
    be made to a farm covered by a 1958 acreage reserve contract for
    cotton."
      1959 - Subsec. (f)(8). Pub. L. 86-172, Sec. 2(1), inserted
    proviso for determination of base beginning with allotments
    established for the 1961 crop of cotton, and inserted provisions
    prohibiting the adjustment of the base for a farm where the county
    committee determines that failure to plant at least 75 per centum
    of the farm allotment was due to conditions beyond control of
    producers on the farm, and requiring the Secretary to establish
    limitations to prevent allocations of allotment to farms not
    affected by proviso.
      Subsec. (g)(3). Pub. L. 86-172, Sec. 2(2), repealed par. (3)
    which provided that for any farm on which the acreage planted to
    cotton in any year was less than the farm acreage allotment for
    such year by not more than the larger of 10 per centum of the
    allotment or one acre, an acreage equal to the farm acreage
    allotment should be deemed to be the acreage planted to cotton on
    such farm, and the additional acreage added to the cotton acreage
    history for the farm should be added to the cotton acreage history
    for the county and State.
      Subsec. (i). Pub. L. 86-172, Sec. 2(3), inserted provisions
    respecting eligibility for old and new farm allotment.
      Subsec. (m)(2). Pub. L. 86-172, Sec. 2(4), struck out "; but no
    such acreage shall be surrendered to the State committee so long as
    any farmer receiving a cotton acreage allotment in such county
    desires additional cotton acreage" after "subsection (e) of this
    section" and substituted "Any allotment released under this
    provision shall be regarded for the purpose of establishing future
    allotments as having been planted on the farm and in the county
    where the release was made rather than on the farm and in the
    county to which the allotment was transferred" for "Any allotment
    transferred under this provision shall be regarded for the purposes
    of subsection (f) of this section as having been planted on the
    farm from which transferred rather than on the farm to which
    transferred" and "Acreage released under this paragraph shall be
    credited to the State in determining future allotments" for
    "Acreage surrendered, reapportioned under this paragraph, and
    planted shall be credited to the State and county in determining
    future acreage allotments".
      1958 - Subsec. (a). Pub. L. 85-835, Sec. 103(4), substituted
    "four" for "five" in second sentence.
      Subsec. (b). Pub. L. 85-835, Sec. 104(a), established a national
    acreage reserve of 310,000 acres in addition to the national
    acreage allotment, provided that apportionments of additional
    acreage shall not be taken into account in establishing future
    State allotments, and inserted provisions for determination of
    needs for additional acreage.
      Subsec. (e). Pub. L. 85-835, Sec. 104(b), inserted proviso
    relating to additional acreage allocated to a State.
      Subsec. (f)(1). Pub. L. 85-835, Sec. 104(c), substituted "(A) ten
    acres; or (B) the acreage allotment established for the farm for
    the 1958 crop" for "(A) four acres; or (B) the highest number of
    acres planted to cotton in any year of such three-year period".
      Subsec. (f)(6). Pub. L. 85-835, Sec. 104(d), substituted
    "provisions of paragraph (2) of this subsection" for "foregoing
    provisions of this subsection except paragraph (3) of this
    subsection", "remainder of the county acreage allotment (after
    making allotments as provided in paragraph (1) of this subsection)
    shall be allotted" for "county acreage allotment, less the acreage
    reserved under paragraph (3) of this subsection, shall be
    apportioned", and inserted provisions requiring the allotments to
    be a prescribed percentage of the average acreage planted to cotton
    on the farm during the three years immediately preceding the year
    for which such allotment is determined.
      Subsec. (f)(7). Pub. L. 85-835, Sec. 105, added par. (7).
      Subsec. (f)(8). Pub. L. 85-835, Sec. 106, added par. (8).
      Subsec. (h). Act Feb. 16, 1938, Sec. 378(d), as added by Pub. L.
    85-835, Sec. 501, repealed subsec. (h) which related to
    apportionment by county committee and reallocation of flood lands.
      Subsec. (m)(2). Pub. L. 85-835, Sec. 107, provided that any
    cotton acreage which is surrendered shall be retained in the county
    and not surrendered to the State committee so long as any farmer in
    the county desires additional cotton acreage.
      Subsec. (n). Pub. L. 85-456 added subsec. (n).
      1956 - Subsec. (b). Act May 28, 1956, Sec. 303(a), temporarily
    inserted "Provided, That there is hereby established a national
    acreage reserve consisting of one hundred thousand acres which
    shall be in addition to the national acreage allotment; and such
    reserve shall be apportioned to the States on the basis of their
    needs for additional acreage for establishing minimum farm
    allotments under subsection (f)(1) of this section, as determined
    by the Secretary without regard to State and county acreage
    reserves (except that the amount apportioned to Nevada shall be one
    thousand acres), and the additional acreage so apportioned to the
    State shall be apportioned to the counties on the same basis and
    added to the county acreage allotment for apportionment to farms
    pursuant to subsection (f) of this section (except that no part of
    such additional acreage shall be used to increase the county
    reserve above 15 per centum of the county allotment determined
    without regard to such additional acreage). Additional acreage
    apportioned to a State for any year under the foregoing proviso
    shall not be taken into account in establishing future State
    acreage allotments. Needs for additional acreage under the
    foregoing proviso and under the last proviso in subsection (e) of
    this section shall be determined as though allotments were first
    computed without regard to subsection (f)(1) of this section." See
    Effective and Termination Dates of 1956 Amendment note below.
      Subsec. (e). Act May 28, 1956, Sec. 303(b), temporarily inserted
    "Provided further, That if the additional acreage allocated to a
    State under the proviso in subsection (b) of this section is less
    than the requirements as determined by the Secretary for
    establishing minimum farm allotments for the State under subsection
    (f)(1) of this section, the acreage reserved by the State committee
    under this subsection shall not be less than the smaller of (1) the
    remaining acreage so determined to be required for establishing
    minimum farm allotments or (2) 3 per centum of the State acreage
    allotment; and the acreage which the State committee is required to
    reserve under this proviso shall be allocated to counties on the
    basis of their needs for additional acreage for establishing
    minimum farm allotments under subsection (f)(1) of this section,
    and added to the county acreage allotment for apportionment to
    farms pursuant to subsection (f) of this section (except that no
    part of such additional acreage shall be used to increase the
    county reserve above 15 per centum of the county allotment
    determined without regard to such additional acreages)." See
    Effective and Termination Dates of 1956 Amendment note below.
      Subsec. (f)(1). Act May 28, 1956, Sec. 303(c), temporarily
    inserted "Insofar as such acreage is available,", substituted "four
    acres" for "five acres", and struck out "(or regarded as planted
    under Public Law 12, Seventy-ninth Congress)" after "planted". See
    Effective and Termination Dates of 1956 Amendment note below.
      Subsec. (f)(6). Act May 28, 1956, Sec. 303(d), temporarily
    substituted "provisions of paragraph (2) of this subsection" for
    "foregoing provisions of this subsection except paragraph (3) of
    this subsection" and "the remainder of the county acreage allotment
    (after making allotments as provided in paragraph (1) of this
    subsection) shall be allotted to farms other than farms to which an
    allotment has been made under paragraph (1)(B) of this subsection
    so that the allotment to each farm under this paragraph together
    with the amount of the allotment of such farm under paragraph
    (1)(A) of this subsection shall be a prescribed percentage (which
    percentage shall be the same for all such farms in the county) of
    the average acreage planted to cotton on the farm during the three
    years immediately preceding the year for which such allotment is
    determined," for "the county acreage allotment, less the acreage
    reserved under paragraph (3) of this subsection, shall be
    apportioned to farms on which cotton has been planted in any one of
    the three years immediately preceding the year for which such
    allotment is determined, on the basis of the acreage planted to
    cotton on the farm during such three-year period," and struck out
    "(A) apportion such county allotment by first establishing minimum
    allotments in accordance with paragraph (1) of this subsection and
    by allotting the remaining acreage to farms other than those
    receiving an allotment under paragraph (1)(B) in accordance with
    the foregoing provisions of this paragraph and (B)" after
    "committee may in its discretion". See Effective and Termination
    Dates of 1956 Amendment note below.
      1954 - Subsec. (e). Act Jan. 30, 1954, Sec. 3(a), inserted at end
    "or to correct inequities in farm allotments and to prevent
    hardship".
      Subsec. (f)(3). Act Jan. 30, 1954, Sec. 3(b), inserted ", or in
    making adjustments in farm acreage allotments to correct inequities
    and to prevent hardship".
      Subsec. (f)(6). Act Aug. 28, 1954, Sec. 310(a), inserted proviso
    to first sentence.
      Act Jan. 30, 1954, Sec. 3(c), added par. (6).
      Subsec. (h). Act Jan. 30, 1954, Sec. 2, inserted sentence
    relating to reallocation of flood lands.
      Subsec. (m). Act Jan. 30, 1954, Sec. 1, added subsec. (m).
      Subsec. (m)(2). Act Aug. 28, 1954, Sec. 310(b), struck out "1954
    or 1955" wherever appearing.
      1950 - Subsec. (f)(4), (5). Act Mar. 31, 1950, added pars. (4)
    and (5).
      1949 - Subsec. (f)(3). Act Oct. 31, 1949, increased reserve
    percentage of county allotment from 10 to 15 in first sentence and
    decreased percentage of acreage reserved from 30 to 20 in proviso.
      Act Aug. 29, 1949, amended section generally to provide for a
    national acreage base to be used in apportioning to the States the
    actual national acreage allotment, and to make the national acreage
    allotment base and the outlined division among the States such as
    will complement the minimum national marketing quota provisions and
    thus permit a gradual reduction of any excessive carryover.
      1942 - Subsec. (j). Act Feb. 6, 1942, added subsec. (j).
      1939 - Subsec. (e)(1). Act June 22, 1939, Sec. 1, substituted
    "For 1938, 1939, and any subsequent year" for "For 1938 and 1939".
      Subsec. (g). Act June 22, 1939, Sec. 2, substituted "For 1938,
    1939, and each subsequent year" for "For each of the years 1938 and
    1939".
      Subsec. (h). Act June 22, 1939, Sec. 3, substituted "for 1938,
    1939, and each subsequent year" for "For each of the years 1938 and
    1939".
      Act Mar. 13, 1939, substituted "for any crop year" for "for the
    crop year 1938" and struck out "for 1938" from first proviso.
      1938 - Subsec. (b). Act Apr. 7, 1938, Sec. 9(a), amended second
    sentence.
      Subsec. (d)(3). Act Apr. 7, 1938, Sec. 9(b), inserted "sugarcane
    for sugar," after "excluding from such acreage the acres devoted to
    the production of" in second sentence, and "wheat or rice" after
    "rice for market or,".
      Subsec. (e). Act Apr. 7, 1938, Sec. 9(c), designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (g). Act Apr. 7, 1938, Sec. 9(d), added subsec. (g).
      Subsec. (h). Act May 31, 1938, among other changes, inserted "and
    for the crop year 1938 any part of the acreage allotted to
    individual farms in the State which it is determined, in accordance
    with regulations prescribed by the Secretary, will not be planted
    to cotton in the year for which the allotment is made, shall be
    deducted from the allotments to such farms and may be apportioned,
    in amounts determined by the Secretary to be fair and reasonable,
    preference being given to farms in the same county receiving
    allotments which the Secretary determines are inadequate and not
    representative in view of the past production of cotton and the
    acreage diverted from the production of cotton on such farms under
    the agricultural conservation program in the immediately preceding
    year: Provided, That any such transfer of allotment for 1938 shall
    not affect apportionment for any subsequent year" after
    "Secretary".
      Act Apr. 7, 1938, Sec. 9(d), added subsec. (h).
      Subsec. (i). Act Apr. 7, 1938, Sec. 9(d), added subsec. (i).

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Section 104(e) of Pub. L. 85-835 provided that: "The amendments
    made by this section [amending this section] shall be effective
    beginning with the 1959 crop."
      Section 105 of Pub. L. 85-835 provided that the amendment made by
    that section is effective beginning with 1959 crop.

             EFFECTIVE AND TERMINATION DATES OF 1956 AMENDMENT         
      Section 303(e) of act May 28, 1956, provided that: "The
    amendments made by this section [amending this section] shall be
    effective only with respect to 1957 and 1958 crops. For the 1956
    crop, an acreage in each State equal to the acreage allotted in
    such State which the Secretary determines will not be planted,
    placed in the acreage reserve or conservation reserve, or
    considered as planted under section 377 of the Agricultural
    Adjustment Act of 1938, as amended [section 1377 of this title],
    may be apportioned by the Secretary among farms in such State
    having allotments of less than the smaller of the following: (1)
    four acres, or (2) the highest number of acres planted to cotton in
    any of the years 1953, 1954, and 1955."

                     EFFECTIVE DATE OF 1954 AMENDMENT                 
      Section 3 of act Jan. 30, 1954, provided that the amendments made
    by that section are effective beginning with 1955 crop. The
    amendments made by sections 1 and 2 of such act took effect on the
    date of approval of such act, Jan. 30, 1954.

                             SAVINGS PROVISION                         
      Transfer or reassignment of allotment as remaining in effect and
    ineligibility of displaced farm owner for additional allotment
    notwithstanding repeal of subsec. (h), see note set out under
    section 1378 of this title.

                        INAPPLICABILITY OF SECTION                    
      Section inapplicable to 1984 and subsequent crops of extra long
    staple cotton, see section 3 of Pub. L. 98-88, set out as a note
    under section 1342 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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of upland cotton,
    see section 502 of Pub. L. 101-624, set out as a note under section
    1342 of this title.
      Section inapplicable to 1986 through 1990 crops of upland cotton,
    see section 502 of Pub. L. 99-198, set out as a note under section
    1342 of this title.
      Section inapplicable to 1982 through 1985 crops of upland cotton,
    see section 501 of Pub. L. 97-98, set out as a note under section
    1342 of this title.
      Section inapplicable to 1978 through 1981 crops of upland cotton,
    see section 601 of Pub. L. 95-113, set out as a note under section
    1342 of this title.
      Pub. L. 91-524, title VI, Sec. 601(1), Nov. 30, 1970, 84 Stat.
    1371, as amended by Pub. L. 93-86, Sec. 1(19)(A), Aug. 10, 1973, 87
    Stat. 233, provided that this section is inapplicable to 1971
    through 1977 crops of upland cotton.

                     EMERGENCY FARM ACREAGE ALLOTMENT                 
      Act Feb. 28, 1945, ch. 15, 59 Stat. 9, provided for farm acreage
    allotment during national emergency proclaimed by the President on
    Sept. 8, 1939, and May 27, 1941, and which emergencies terminated
    on July 25, 1947, by the provisions of Joint Res. July 25, 1947,
    ch. 327, Sec. 3, 61 Stat. 451.

                        COUNTY COMMITTEE ALLOTMENT                    
      Act Mar. 13, 1939, in addition to amending former subsec. (h),
    contained the following: "Provided, That hereafter such allotment
    of acreage in counties shall be to such farms as the County
    Committee of such county may designate. In making such designation
    the County Committee shall consider only the character and
    adaptability of the soil and other physical facilities affecting
    the production of cotton and the need of operator for an additional
    allotment to meet the requirement of the families engaging in the
    production of cotton on the farm in such year."

-End-

-CITE-
    7 USC Sec. 1344a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1344a. Exclusion of 1949 acreage in computation of future
      allotments

-STATUTE-
      Notwithstanding the provisions of subchapter III of this chapter,
    or of any other law, State, county, and farm acreage allotments and
    yields for cotton for any year after 1949 shall be computed without
    regard to yields or to the acreage planted to cotton in 1949.

-SOURCE-
    (Mar. 29, 1949, ch. 38, 63 Stat. 17.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Agriculture Adjustment Act
    of 1938 which comprises this chapter.

-End-

-CITE-
    7 USC Sec. 1344b                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1344b. Sale, lease, or transfer of cotton acreage allotments

-STATUTE-
    (a) Authority for calendar years 1966 through 1970; transfer
      periods
      Notwithstanding any other provision of law, the Secretary, if he
    determines that it will not impair the effective operation of the
    program involved, (1) may permit the owner and operator of any farm
    for which a cotton acreage allotment is established to sell or
    lease all or any part or the right to all or any part of such
    allotment (excluding that part of the allotment which the Secretary
    determines was apportioned to the farm from the national acreage
    reserve) to any other owner or operator of a farm for transfer to
    such farm; (2) may permit the owner of a farm to transfer all or
    any part of such allotment to any other farm owned or controlled by
    him; Provided, That the authority granted under this section may be
    exercised for the calendar years 1966 through 1970, but all
    transfers hereunder shall be for such period of years as the
    parties thereto may agree.
    (b) Requisite conditions for transfer of acreage allotments
      Transfers under this section shall be subject to the following
    conditions: (i) no allotment shall be transferred to a farm in
    another State or to a person for use in another State; (ii) no farm
    allotment may be sold or leased for transfer to a farm in another
    county unless the producers of cotton in the county from which
    transfer is being made have voted in a referendum within three
    years of the date of such transfer, by a two-thirds majority of the
    producers participating in such referendum, to permit the transfer
    of allotments to farms outside the county, which referendum,
    insofar as practicable, shall be held in conjunction with the
    marketing quota referendum for the commodity; (iii) no transfer of
    an allotment from a farm subject to a mortgage or other lien shall
    be permitted unless the transfer is agreed to by the lienholder;
    (iv) no sale of a farm allotment shall be permitted if any sale of
    cotton allotment to the same farm has been made within the three
    immediately preceding crop years; (v) the total cotton allotment
    for any farm to which allotment is transferred by sale or lease
    shall not exceed the farm acreage allotment (excluding
    reapportioned acreage) established for such farm for 1965 by more
    than one hundred acres; (vi) no cotton in excess of the remaining
    acreage allotment on the farm shall be planted on any farm from
    which the allotment (or part of an allotment) is sold for a period
    of five years following such sale, nor shall any cotton in excess
    of the remaining acreage allotment on the farm be planted on any
    farm from which the allotment (or part of an allotment) is leased
    during the period of such lease, and the producer on such farm
    shall so agree as a condition precedent to the Secretary's approval
    of any such sale or lease; and (vii) no transfer of allotment shall
    be effective until a record thereof is filed with the county
    committee of the county to which such transfer is made and such
    committee determines that the transfer complies with the provisions
    of this section. Such record may be filed with such committee only
    during the period beginning June 1 and ending December 31.
    (c) Extent of estate transferred
      The transfer of an allotment shall have the effect of
    transferring also the acreage history, farm base, and marketing
    quota attributable to such allotment and if the transfer is made
    prior to the determination of the allotment for any year the
    transfer shall include the right of the owner or operator to have
    an allotment determined for the farm for such year: Provided, That
    in the case of a transfer by lease, the amount of the allotment
    shall be considered for purposes of determining allotments after
    the expiration of the lease to have been planted on the farm from
    which such allotment is transferred.
    (d) Period of ineligibility of land for new allotment
      The land in the farm from which the entire cotton allotment and
    acreage history have been transferred shall not be eligible for a
    new farm cotton allotment during the five years following the year
    in which such transfer is made.
    (e) Transfer of allotments established under minimum allotment
      provisions
      The transfer of a portion of a farm allotment which was
    established under minimum farm allotment provisions for cotton or
    which operates to bring the farm within the minimum farm allotment
    provision for cotton shall cause the minimum farm allotment or base
    to be reduced to an amount equal to the allotment remaining on the
    farm after such transfer.
    (f) Rules and regulations
      The Secretary shall prescribe regulations for the administration
    of this section, which shall include provisions for adjusting the
    size of the allotment transferred if the farm to which the
    allotment is transferred has a substantially higher yield per acre
    and such other terms and conditions as he deems necessary.
    (g) Adjustment upon transfer of land covered by conservation
      reserve contract
      If the sale or lease occurs during a period in which the farm is
    covered by a conservation reserve contract, cropland conversion
    agreement, cropland adjustment agreement, or other similar land
    utilization agreement, the rates of payment provided for in the
    contract or agreement of the farm from which the transfer is made
    shall be subject to an appropriate adjustment, but no adjustment
    shall be made in the contract or agreement of the farm to which the
    allotment is transferred.
    (h) Exchange of cotton acreage allotments for rice acreage
      allotments
      The Secretary shall by regulations authorize the exchange between
    farms in the same county, or between farms in adjoining counties
    within a State, of cotton acreage allotment for rice acreage
    allotment. Any such exchange shall be made on the basis of
    application filed with the county committee by the owners and
    operators of the farms, and the transfer of allotment between the
    farms shall include transfer of the related acreage history for the
    commodity. The exchange shall be acre for acre or on such other
    basis as the Secretary determines is fair and reasonable, taking
    into consideration the comparative productivity of the soil for the
    farms involved and other relevant factors. No farm from which the
    entire cotton or rice allotment has been transferred shall be
    eligible for an allotment of cotton or rice as a new farm within a
    period of five crop years after the date of such exchange.
    (i) Applicability to cotton restricted to upland cotton
      The provisions of this section relating to cotton shall apply
    only to upland cotton.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 344a, as added Pub. L. 89-
    321, title IV, Sec. 405, Nov. 3, 1965, 79 Stat. 1197; amended Pub.
    L. 90-559, Sec. 1(2), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524,
    title VI, Sec. 601(3)(1), Nov. 30, 1970, 84 Stat. 1372; Pub. L. 93-
    86, Sec. 1(19)(C), (D), Aug. 10, 1973, 87 Stat. 233.)

-MISC1-
                                AMENDMENTS                            
      1973 - Subsec. (a). Pub. L. 93-86 struck out "for which a farm
    base acreage allotment is established (other than pursuant to
    section 1350(e)(1)(A) of this title)" after "to any other owner or
    operator of a farm" and substituted "1978" for "1974".
      1970 - Subsec. (a). Pub. L. 91-524 temporarily directed Secretary
    to permit certain types of transfers of all or part of farm base
    acreage allotments between farms in same State. See Effective and
    Termination Dates of 1970 Amendment note below.
      1968 - Subsec. (a). Pub. L. 90-559 provided for a one year
    extension, substituting "1966 through 1970" for "1966, 1967, 1968,
    and 1969".

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Section 1(19)(C) of Pub. L. 93-86 provided that the amendment
    made by that section is effective beginning with 1974 crop.

             EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT         
      Section 601(3) of Pub. L. 91-524, as amended by section 1(19)(A)
    of Pub. L. 93-86, provided that the amendment made by that section
    is effective only with respect to 1971 through 1977 crops.

                        INAPPLICABILITY OF SECTION                    
      Section inapplicable to 1984 and subsequent crops of extra long
    staple cotton, see section 3 of Pub. L. 98-88, set out as a note
    under section 1342 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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section 601(3)(2) of Pub. L. 91-524, as amended by section
    1(19)(A) of Pub. L. 93-86, provided that: "Subdivisions (ii), (iv),
    (v), and (vi) of subsection (b) [of this section], the last
    sentence of subsection (b) [of this section] and subsections (e)
    and (h) [of this section] shall not be applicable to the 1971
    through 1977 crops: Provided, That no farm allotment may be sold or
    leased for transfer to a farm in another county unless the
    Agricultural Stabilization and Conservation Committee established
    pursuant to section 8(b) of the Soil Conservation and Domestic
    Allotment Act, as amended [16 U.S.C. 590h(b)], for the county from
    which such transfers are being made (1) finds that a demand for
    such acreage allotments no longer exists in such county and (2)
    approves any transfers of allotments to farms outside such county."

-End-

-CITE-
    7 USC Sec. 1345                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1345. Farm marketing quotas; farm marketing excess

-STATUTE-
      The farm marketing quota for any crop of cotton shall be the
    actual production of the acreage planted to cotton on the farm less
    the farm marketing excess. The farm marketing excess shall be the
    normal production of that acreage planted to cotton on the farm
    which is in excess of the farm acreage allotment: Provided, That
    such farm marketing excess shall not be larger than the amount by
    which the actual production of cotton on the farm exceeds the
    normal production of the farm acreage allotment, if the producer
    establishes such actual production to the satisfaction of the
    Secretary.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 345, 52 Stat. 58; July 3,
    1948, ch. 827, title II, Sec. 205, 62 Stat. 1256; Aug. 29, 1949,
    ch. 518, Sec. 1, 63 Stat. 674; Oct. 31, 1949, ch. 792, title IV,
    Sec. 415(e), 63 Stat. 1058.)

-MISC1-
                                AMENDMENTS                            
      1949 - Act Oct. 31, 1949, repealed amendatory provisions of act
    July 3, 1948.
      Act Aug. 29, 1949, stated what the farm marketing quota shall be
    and what the farm marketing excess shall be.
      1948 - Act July 3, 1948, changed conditions which must be
    determined by Secretary to exist before marketing quotas can be
    imposed.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act July 3, 1948, effective Jan. 1, 1950, see
    section 303 of act July 3, 1948, set out as a note under section
    1301 of this title.

                        INAPPLICABILITY OF SECTION                    
      Section inapplicable to 1984 and subsequent crops of extra long
    staple cotton, see section 3 of Pub. L. 98-88, set out as a note
    under section 1342 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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of upland cotton,
    see section 502 of Pub. L. 101-624, set out as a note under section
    1342 of this title.
      Section inapplicable to 1986 through 1990 crops of upland cotton,
    see section 502 of Pub. L. 99-198, set out as a note under section
    1342 of this title.
      Section inapplicable to 1982 through 1985 crops of upland cotton,
    see section 501 of Pub. L. 97-98, set out as a note under section
    1342 of this title.
      Section inapplicable to 1978 through 1981 crops of upland cotton,
    see section 601 of Pub. L. 95-113, set out as a note under section
    1342 of this title.
      Pub. L. 91-524, title VI, Sec. 601(1), Nov. 30, 1970, 84 Stat.
    1371, as amended by Pub. L. 93-86, Sec. 1(19)(A), Aug. 10, 1973, 87
    Stat. 233, provided that this section is inapplicable to 1971
    through 1977 crops of upland cotton.

-End-

-CITE-
    7 USC Sec. 1346                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1346. Penalties

-STATUTE-
      (a) Whenever farm marketing quotas are in effect with respect to
    any crop of cotton, the producer shall be subject to a penalty on
    the farm marketing excess at a rate per pound equal to 50 per
    centum of the parity price per pound for cotton as of June 15 of
    the calendar year in which such crop is produced.
      (b) The farm marketing excess of cotton shall be regarded as
    available for marketing and the amount of penalty shall be computed
    upon the normal production of the acreage on the farm planted to
    cotton in excess of the farm acreage allotment. If a downward
    adjustment in the amount of the farm marketing excess is made
    pursuant to the proviso in section 1345 of this title, the
    difference between the amount of the penalty computed upon the farm
    marketing excess before such adjustment and as computed upon the
    adjusted farm marketing excess shall be returned to or allowed the
    producer.
      (c) The person liable for payment or collection of the penalty
    shall be liable also for interest thereon at the rate of 6 per
    centum per annum from the date the penalty becomes due until the
    date of payment of such penalty.
      (d) Until the penalty on the farm marketing excess is paid, all
    cotton produced on the farm and marketed by the producer shall be
    subject to the penalty provided by this section and a lien on the
    entire crop of cotton produced on the farm shall be in effect in
    favor of the United States.
      (e) Notwithstanding any other provision of this chapter, for the
    1966 through 1970 crops of upland cotton, if the farm operator
    elects to forgo price support for any such crop of cotton by
    applying to the county committee of the county in which the farm is
    located for additional acreage under this subsection, he may plant
    an acreage not in excess of the farm acreage allotment established
    under section 1344 of this title plus the acreage apportioned to
    the farm from the national export market acreage reserve, and all
    cotton of such crop produced on the farm may be marketed for export
    free of any penalty under this section: Provided, That the
    foregoing shall be applicable only to farms which had upland cotton
    allotments for 1965 and are operated by the same operator as in
    1965 or by his heir.
      For the 1966 crop the national export market acreage reserve
    shall be 250,000 acres. For each subsequent crop - 

    If the carryover at the end of the            The national export   
     marketing year for the preceding crop is      market acreage       
     estimated to be less than the carryover       reserve shall be -   
     at the beginning of such marketing year                            
     by -                                                               
    At least 1,000,000 bales                      250,000 acres.        
    At least 750,000 bales, but not as much       187,500 acres.        
     as 1,000,000 bales                                                 
    At least 500,000 bales, but not as much       125,000 acres.        
     as 750,000 bales                                                   
    At least 250,000 bales, but not as much       62,500 acres.         
     as 500,000 bales                                                   
    Less than 250,000 bales                       None.                 
    --------------------------------------------------------------------

      The national export market acreage reserve shall be apportioned
    to farms by the Secretary on the basis of the applications
    therefor. No application shall be accepted for a greater acreage
    than is available on the farm for the production of upland cotton.
    After apportionments are thus made to farms, the Secretary shall
    provide farm operators a reasonable time in which to cancel their
    applications (and agreements to forgo price support) and surrender
    to the Secretary through the county committee the export market
    acreage assigned to the farm. Acreage so surrendered shall be
    available for reassignment by the Secretary to other eligible farms
    to which export market acreage has been apportioned on the basis of
    the applications remaining outstanding. The operator of any farm
    who elects to forgo price support for any such crop under this
    subsection shall not be eligible for price support on cotton of
    such crop produced on any other farm in which he has a controlling
    or substantial interest as determined by the Secretary. Acreage
    planted to cotton in excess of the farm acreage allotment
    established under section 1344 of this title shall not be taken
    into account in establishing future State, county, and farm acreage
    allotments. The operator of any farm to which export market acreage
    is apportioned, or the purchasers of cotton produced on such farm,
    shall, under regulations issued by the Secretary, furnish a bond or
    other undertaking prescribed by the Secretary, providing for the
    exportation, without benefit of any Government cotton export
    subsidy and within such time as the Secretary may specify, of all
    cotton produced on such farm for such year. The bond or other
    undertaking given pursuant to this subsection shall provide that,
    upon failure to comply with the terms and conditions thereof, the
    person furnishing such bond or other undertaking shall be liable
    for liquidated damages in an amount which the Secretary determines
    and specifies in such undertaking will approximate the amount
    payable on excess cotton under subsection (a) of this section. The
    Secretary may, in lieu of the furnishing of a bond or other
    undertaking, provide for the payment of an amount equal to that
    which would be payable as liquidated damages under such bond or
    other undertaking. If such bond or other undertaking is not
    furnished, or if payment in lieu thereof is not made as provided
    herein, at such time and in the manner required by regulations of
    the Secretary, or if the acreage planted to cotton on the farm
    exceeds the sum of the farm acreage allotment established under
    section 1344 of this title and the acreage apportioned to the farm
    from the national export market acreage reserve, the acreage
    planted to cotton in excess of the farm acreage allotment
    established under section 1344 of this title shall be regarded as
    excess acreage for purposes of this section and section 1345 of
    this title. Amounts collected by the Secretary under this
    subsection shall be remitted to the Commodity Credit Corporation.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 346, 52 Stat. 59; Aug. 29,
    1949, ch. 518, Sec. 1, 63 Stat. 674; Pub. L. 89-321, title IV, Sec.
    401(2), Nov. 3, 1965, 79 Stat. 1192; Pub. L. 90-559, Sec. 1(2),
    Oct. 11, 1968, 82 Stat. 996.)

-MISC1-
                                AMENDMENTS                            
      1968 - Subsec. (e). Pub. L. 90-559 provided for a one year
    extension, substituting "1966 through 1970" for "1966, 1967, 1968,
    and 1969".
      1965 - Subsec. (e). Pub. L. 89-321 added subsec. (e).
      1949 - Act Aug. 29, 1949, amended section generally. Former
    provisions of section were covered by section 1345 of this title.

                        INAPPLICABILITY OF SECTION                    
      Section inapplicable to 1984 and subsequent crops of extra long
    staple cotton, see section 3 of Pub. L. 98-88, set out as a note
    under section 1342 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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.
      Section inapplicable to 1991 through 1995 crops of upland cotton,
    see section 502 of Pub. L. 101-624, set out as a note under section
    1342 of this title.
      Section inapplicable to 1986 through 1990 crops of upland cotton,
    see section 502 of Pub. L. 99-198, set out as a note under section
    1342 of this title.
      Section inapplicable to 1982 through 1985 crops of upland cotton,
    see section 501 of Pub. L. 97-98, set out as a note under section
    1342 of this title.
      Section inapplicable to 1978 through 1981 crops of upland cotton,
    see section 601 of Pub. L. 95-113, set out as a note under section
    1342 of this title.
      Pub. L. 91-524, title VI, Sec. 601(1), Nov. 30, 1970, 84 Stat.
    1371, as amended by Pub. L. 93-86, Sec. 1(19)(A), Aug. 10, 1973, 87
    Stat. 233, provided that this section is inapplicable to 1971
    through 1977 crops of upland cotton.

       REMOVAL OF MARKETING PENALTIES ON CERTAIN LONG STAPLE COTTON   
      Act Jan. 9, 1951, ch. 1215, 64 Stat. 1237, provided that the
    marketing penalty provided in this section, shall not be applied to
    long staple cotton of the 1950 crop ginned on saw type gins where
    such action was necessary to conserve the cotton because of frost
    or weather damage.

-End-

-CITE-
    7 USC Sec. 1347                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1347. Repealed.

-MISC1-
    Sec. 1347. Repealed. Pub. L. 98-88, Sec. 2, Aug. 26, 1983, 97 Stat.
      494.
      Section, acts Feb. 16, 1938, ch. 30, title III, Sec. 347, 52
    Stat. 59; Aug. 29, 1949, ch. 518, Sec. 1, 63 Stat. 675; July 17,
    1952, ch. 933, Sec. 4, 66 Stat. 759; Aug. 28, 1958, Pub. L. 85-835,
    title I, Sec.  103(3), 72 Stat. 990; Sept. 21, 1959, Pub. L. 86-
    341, title II, Sec. 203, 73 Stat. 611; June 30, 1960, Pub. L. 86-
    566, 74 Stat. 295; Aug. 11, 1968, Pub. L. 90-475, Secs. 4, 6, 82
    Stat. 701, 702, set out a program for long staple cotton. See
    section 1444(h) of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Section 2 of Pub. L. 98-88 provided that the repeal of this
    section is effective beginning with 1984 crop of extra long staple
    cotton.

-End-

-CITE-
    7 USC Sec. 1348                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1348. Payments in kind to equalize cost of cotton to domestic
      and foreign users; rules and regulations; termination date;
      persons eligible; amount; terms and conditions; raw cotton in
      inventory

-STATUTE-
      In order to maintain and expand domestic consumption of upland
    cotton produced in the United States and to prevent discrimination
    against the domestic users of such cotton, notwithstanding any
    other provision of law, the Commodity Credit Corporation, under
    such rules and regulations as the Secretary may prescribe, is
    authorized and directed for the period beginning with April 11,
    1964 and ending July 31, 1966, to make payments through the
    issuance of payment-in-kind certificates to persons other than
    producers in such amounts and subject to such terms and conditions
    as the Secretary determines will eliminate inequities due to
    differences in the cost of raw cotton between domestic and foreign
    users of such cotton, including such payments as may be necessary
    to make raw cotton in inventory on April 11, 1964 available for
    consumption at prices consistent with the purposes of this section:
    Provided, That for the period beginning August 1 of the marketing
    year for the first crop for which price support is made available
    under section 1444(b) of this title, and ending July 31, 1966, such
    payments shall be made in an amount which will make upland cotton
    produced in the United States available for domestic use at a price
    which is not in excess of the price at which such cotton is made
    available for export. The Secretary may extend the period for
    performance of obligations incurred in connection with payments
    made for the period ending July 31, 1966, or may make payments on
    raw cotton in inventory on July 31, 1966, at the rate in effect on
    such date. No payments shall be made hereunder with respect to 1966
    crop cotton.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 348, as added Pub. L. 88-
    297, title I, Sec. 101, Apr. 11, 1964, 78 Stat. 173; amended Pub.
    L. 89-321, title IV, Sec. 401(1), Nov. 3, 1965, 79 Stat. 1192.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1348, acts Feb. 16, 1938, ch. 30, title III, Sec.
    348, 52 Stat. 59; Aug. 29, 1949, ch. 518, Sec. 1, 63 Stat. 675;
    Aug. 28, 1954, ch. 1041, title III, Sec. 311(a), 68 Stat. 904,
    prohibited agricultural conservation program payments to any farmer
    who knowingly harvested any basic commodity in excess of his
    acreage allotment and was repealed by act May 23, 1955, ch. 45, 69
    Stat. 65, effective with respect to 1955 and subsequent crops.

                                AMENDMENTS                            
      1965 - Pub. L. 89-321 authorized Secretary to extend period for
    performance of obligations incurred in connection with payments
    made for period ending July 31, 1966, or to make payments in raw
    cotton in inventory on July 31, 1966.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.

-End-

-CITE-
    7 USC Sec. 1349                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1349. Export market acreage

-STATUTE-
    (a) Supplementary allotments for 1964 and 1965; acreage limitation;
      apportionment among States and farms; "export market acreage" on
      any farm; farm acreage allotment for farms with export acreage;
      additional allotment; establishment of future allotments without
      regard to export acreage; exclusion of extra-long-staple cotton
      and farms receiving additional price support for 1964 and 1965
      The acreage allotment established under the provisions of section
    1344 of this title for each farm for the 1964 crop may be
    supplemented by the Secretary by an acreage equal to such
    percentage, but not more than 10 per centum, of such acreage
    allotment as he determines will not increase the carryover of
    upland cotton at the beginning of the marketing year for the next
    succeeding crop above one million bales less than the carryover on
    the same date one year earlier, if the carryover on such earlier
    date exceeds eight million bales. For the 1965 crop, the Secretary
    may, after such hearing and investigation as he finds necessary,
    announce an export market acreage which he finds will not increase
    the carryover of upland cotton at the beginning of the marketing
    year for the next succeeding crop above one million bales less than
    the carryover on the same date one year earlier, if the carryover
    on such earlier date exceeds eight million bales. Such export
    market acreage shall be apportioned to the States on the basis of
    the State acreage allotments established under section 1344 of this
    title and apportioned by the States to farms receiving allotments
    under section 1344 of this title, pursuant to regulations issued by
    the Secretary, after considering applications for such acreage
    filed with the county committee of the county in which the farm is
    located. The "export market acreage" on any farm shall be the
    number of acres, not exceeding the maximum export market acreage
    for the farm established pursuant to this subsection, by which the
    acreage planted to cotton on the farm exceeds the farm acreage
    allotment. For purposes of sections 1345 and 1374 of this title and
    the provisions of any law requiring compliance with a farm acreage
    allotment as a condition of eligibility for price support or
    payments under any farm program, the farm acreage allotment for
    farms with export market acreage shall be the sum of the farm
    acreage allotment established under section 1344 of this title and
    the maximum export market acreage. Export market acreage shall be
    in addition to the county, State, and National acreage allotments
    and shall not be taken into account in establishing future State,
    county, and farm acreage allotments. The provisions of this section
    shall not apply to extra-long-staple cotton or to any farm which
    receives price support under section 1444(b) of this title.
    (b) Bond, other undertaking, and lieu payments for exportation
      without subsidy and within specified period; terms and
      conditions; liquidated damages; farm acreage allotment upon
      noncompliance with conditions; remissions to CCC for defraying
      costs of encouraging export sales of cotton
      The producers on any farm on which there is export market acreage
    or the purchasers of cotton produced thereon shall, under
    regulations issued by the Secretary, furnish a bond or other
    undertaking prescribed by the Secretary providing for the
    exportation, without benefit of any Government cotton export
    subsidy and within such period of time as the Secretary may
    specify, of a quantity of cotton produced on the farm equal to the
    average yield for the farm multiplied by the export market acreage
    as determined pursuant to regulations issued by the Secretary. The
    bond or other undertaking given pursuant to this section shall
    provide that, upon failure to comply with the terms and conditions
    thereof, the person furnishing such bond or other undertaking shall
    be liable for liquidated damages in an amount which the Secretary
    determines and specifies in such undertaking will approximate the
    amount payable on excess cotton under section 1346(a) of this
    title. The Secretary may, in lieu of the furnishing of a bond or
    other undertaking, provide for the payment of an amount equal to
    that which would be payable as liquidated damages under such bond
    or other undertaking. If such bond or other undertaking is not
    furnished, or if payment in lieu thereof is not made as provided
    herein, at such time and in the manner required by regulations of
    the Secretary, or if the acreage planted to cotton on the farm
    exceeds the farm acreage allotment established under the provisions
    of section 1344 of this title by more than the maximum export
    market acreage, the farm acreage allotment shall be the acreage so
    established under section 1344 of this title. Amounts collected by
    the Secretary under this section shall be remitted to the Commodity
    Credit Corporation and used by the Corporation to defray costs of
    encouraging export sales of cotton under section 1853 (!1) of this
    title.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 349, as added Pub. L. 88-
    297, title I, Sec. 106(1), Apr. 11, 1964, 78 Stat. 175.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1853 of this title, referred to in subsec. (b), was
    repealed by Pub. L. 103-465, title IV, Sec. 412(c), Dec. 8, 1994,
    108 Stat. 4964.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1349, act Feb. 16, 1938, ch. 30, title III, Sec.
    349, 52 Stat. 59, was omitted by act Aug. 29, 1949, ch. 518, Sec.
    1, 63 Stat. 670 which amended sections 342 to 350 of act Feb. 16,
    1938, ch. 30, title III, 52 Stat. 56 to 60 (sections 1342 to 1344,
    1345 to 1347, and prior sections 1348 to 1350 of this title) to be
    sections 342 to 348 of act Feb. 16, 1938 (sections 1342 to 1344,
    1345 to 1347, and a prior section 1348 of this title).

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    7 USC Sec. 1350                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1350. National base acreage allotment

-STATUTE-
    (a) Establishment
      The Secretary shall establish for each of the 1971 through 1977
    crops of upland cotton a national base acreage allotment. Such
    national base acreage allotment shall be announced not later than
    November 15 of the calendar year preceding the year for which the
    national base acreage allotment is to be effective. The national
    base acreage allotment for any crop of cotton shall be the number
    of acres which the Secretary determines on the basis of the
    expected national yield will produce an amount of cotton equal to
    the estimated domestic consumption of cotton (standard bales of
    four hundred and eighty pounds net weight) for the marketing year
    beginning in the year in which the crop is to be produced, plus not
    to exceed 25 per centum thereof if the Secretary, taking into
    consideration other actions he may take under the Agricultural Act
    of 1970, determines that such additional amount is necessary to
    provide for a production which will equal the national cotton
    production goal, except that such national base acreage allotment
    shall be eleven million five hundred thousand acres for the 1971
    crop and in the case of the 1972 through 1977 crops shall be in
    such amount as the Secretary determines necessary to maintain
    adequate supplies. The national base acreage allotment for the 1974
    through 1977 crops shall not be less than eleven million acres.
    (b) Apportionment to States
      The national base acreage allotment for each crop of upland
    cotton shall be apportioned by the Secretary to the States on the
    basis of the acreage planted (including acreage regarded as having
    been planted) to upland cotton within the farm acreage allotment or
    the farm base acreage allotment, whichever is in effect, during the
    five calendar years immediately preceding the calendar year in
    which the national cotton production goal is proclaimed, with
    adjustments for abnormal weather conditions or other natural
    disaster during such period.
    (c) Apportionment to counties
      The State base acreage allotment for each crop of upland cotton
    shall be apportioned to counties on the same basis as to years and
    conditions as is applicable to the State under subsection (b) of
    this section: Provided, That the State committee may reserve not to
    exceed 2 per centum of its State acreage allotment which shall be
    used to make adjustments in county allotments for trends in
    acreage, for counties adversely affected by abnormal conditions
    affecting plantings, or for small or new farms, or to correct
    inequities in farm allotments and to prevent hardships.
    (d) Adjustment of apportionment bases for counties
      The Secretary shall adjust the apportionment base for each county
    as may be necessary because of transfers of allotments across
    county lines.
    (e) Apportionment to farms
      (1) The county base acreage allotment for the 1971 crop shall be
    apportioned to old cotton farms in the county on the basis of the
    domestic acreage allotment established for the farm for the 1970
    crop. For the 1972 and each subsequent crop of upland cotton the
    county base acreage allotment shall be apportioned to old cotton
    farms in the county on the basis of the farm base acreage allotment
    established for such farm for the preceding year. The county
    committee may reserve not in excess of 10 per centum of the county
    allotment which, in addition to the acreage made available under
    the proviso in subsection (c) of this section, shall be used for
    (A) establishing allotments for farms on which cotton was not
    planted (or regarded as planted) during any of the three calendar
    years immediately preceding the year for which the allotment is
    made, on the basis of land, labor, and equipment available for the
    production of cotton, crop-rotation practices, and the soil and
    other physical facilities affecting the production of cotton; and
    (B) making adjustments of the farm allotments established under
    this paragraph so as to establish allotments which are fair and
    reasonable in relation to the factors set forth in this paragraph
    and abnormal conditions of production on such farms, or in making
    adjustments in farm allotments to correct inequities and to prevent
    hardships. No part of such reserve shall be apportioned to a farm
    to reflect new cropland brought into production after November 30,
    1970.
      (2) If for any crop the total acreage of cotton planted on a farm
    is less than the farm base acreage allotment, the farm base acreage
    allotment used as a base for the succeeding crop shall be reduced
    by the percentage by which such planted acreage was less than such
    farm base acreage allotment, but such reduction shall not exceed 20
    per centum of the farm base acreage allotment for the preceding
    crop. If not less than 90 per centum of the base acreage allotment
    for the farm is planted to cotton, the farm shall be considered to
    have an acreage planted to cotton equal to 100 per centum of such
    allotment. For purposes of this paragraph, an acreage on the farm
    which the Secretary determines was not planted to cotton because of
    drought, flood, other natural disaster, or a condition beyond the
    control of the producer shall be considered to be an acreage
    planted to cotton. For the purpose of this paragraph, the Secretary
    shall, in the event producers of wheat or feed grains are permitted
    to do so, permit producers of cotton to have acreage devoted to
    soybeans, wheat, feed grains, guar, castor beans, triticale, oats,
    rye or such other crops as the Secretary may deem appropriate
    considered as devoted to the production of cotton to such extent
    and subject to such terms and conditions as the Secretary
    determines will not impair the effective operation of the cotton or
    soybean program.
      (3) If no acreage is planted to cotton for any three consecutive
    crop years on any farm which had a farm base acreage allotment for
    such years, such farm shall lose its base acreage allotment.
    (f) Surrender of farm base acreage allotments
      Effective for the 1971 through 1977 crops, any part of any farm
    base acreage allotment on which upland cotton will not be planted
    and which is voluntarily surrendered to the county committee shall
    be deducted from the farm base acreage allotment for such farm and
    may be reapportioned by the county committee to other farms in the
    same county receiving farm base acreage allotments in amounts
    determined by the county committee to be fair and reasonable on the
    basis of past acreage of upland cotton, land, labor, equipment
    available for the production of upland cotton, crop rotation
    practices, and soil and other physical facilities affecting the
    production of upland cotton. If all of the acreage voluntarily
    surrendered is not needed in the county, the county committee may
    surrender the excess acreage to the State committee to be used to
    make adjustments in farm base acreage allotments for other farms in
    the State adversely affected by abnormal conditions affecting
    plantings or to correct inequities or to prevent hardship. Any farm
    base acreage allotment released under this provision shall be
    regarded for the purpose of establishing future farm base acreage
    allotments as having been planted on the farm and in the county
    where the release was made rather than on the farm and in the
    county to which the allotment was transferred: Provided, That,
    notwithstanding any other provision of law, any part of any farm
    base acreage allotment for any crop year may be permanently
    released in writing to the county committee by the owner and
    operator of the farm and reapportioned as provided herein. Acreage
    released under this subsection shall be credited to the State in
    determining future allotments.
    (g) Compliance with set-aside requirements
      Any farm receiving any base acreage allotment through release and
    reapportionment or sale, lease, or transfer shall, as a condition
    to the right to receive such allotment, comply with the set-aside
    requirements of section 1444(e)(4) of this title applicable to such
    acreage as determined by the Secretary.
    (h) Transfer of farm base acreage allotments not planted because of
      natural disaster or conditions beyond control of producer
      Notwithstanding any other provision of this chapter, if the
    Secretary determines for any year that because of drought, flood,
    other natural disaster, or a condition beyond the control of the
    producer a portion of the farm base acreage allotment in a county
    cannot be timely planted or replanted in such year, he may
    authorize for such year the transfer of all or a part of such
    cotton acreage for any farm in the county so affected to another
    farm in the county or in any other nearby county on which one or
    more of the producers on the farm from which the transfer is to be
    made will be engaged in the production of upland cotton and will
    share in the proceeds thereof, in accordance with such regulations
    as the Secretary may prescribe. Any farm base acreage allotment
    transferred under this subsection shall be regarded as planted to
    upland cotton on the farm and in the county and State from which
    transfer is made for purposes of establishing future farm, county
    and State allotments.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 350, as added Pub. L. 88-
    297, title I, Sec. 105, Apr. 11, 1964, 78 Stat. 175; amended Pub.
    L. 89-321, title IV, Sec. 401(3), Nov. 3, 1965, 79 Stat. 1193; Pub.
    L. 90-559, Sec. 1(2), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524,
    title VI, Sec. 601(4), Nov. 30, 1970, 84 Stat. 1372; Pub. L. 93-86,
    Sec. 1(19) (A), (D)-(G), Aug. 10, 1973, 87 Stat. 233.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Act of 1970, referred to in subsec. (a), is Pub.
    L. 91-524, Nov. 30, 1970, 84 Stat. 1358, as amended. 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.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1350, act Feb. 16, 1938, ch. 30, title III, Sec.
    350, 52 Stat. 60, was omitted by act Aug. 29, 1949, ch. 518, Sec.
    1, 63 Stat. 670, which amended sections 342 to 350 of act Feb. 16,
    1938, ch. 30, title III, 52 Stat. 56 to 60 (sections 1342 to 1344,
    1345 to 1347, and prior sections 1348 to 1350 of this title) to be
    sections 342 to 348 of act Feb. 16, 1938 (sections 1342 to 1344,
    1345 to 1347, and a prior section 1348 of this title). See section
    1347 of this title.

                                AMENDMENTS                            
      1973 - Subsec. (a). Pub. L. 93-86, Sec. 1(19)(A), (D), (E),
    substituted "1971 through 1977" for "1971, 1972, and 1973" and
    "1972 through 1977" for "1972 and 1973" and inserted requirement
    that the national base acreage allotment for the 1974 through 1977
    crops shall not be less than eleven million acres.
      Subsec. (e)(2). Pub. L. 93-86, Sec. 1(19)(F), substituted
    "soybeans, wheat, feed grains, guar, castor beans, triticale, oats,
    rye or such other crops as the Secretary may deem appropriate" for
    "soybeans, wheat or feed grains".
      Subsec. (f). Pub. L. 93-86, Sec. 1(19)(A), substituted "1971
    through 1977" for "1971, 1972, and 1973".
      Subsec. (h). Pub. L. 93-86, Sec. 1(19)(G), substituted "to
    another farm in the county or in any other nearby county" for "to
    another farm in the county or in an adjoining county".
      1970 - Pub. L. 91-524 designated existing provisions as subsec.
    (a), substituted provisions for the establishment of a national
    base acreage allotment covering each of the 1971, 1972, and 1973
    crops of upland cotton for provisions authorizing the establishing
    of a national domestic allotment for the 1966 through 1970 crops of
    upland cotton, and added subsecs. (b) to (h).
      1968 - Pub. L. 90-559 provided for a one year extension,
    substituting "1966 through 1970" for "1966, 1967, 1968, and 1969".
      1965 - Pub. L. 89-321 extended domestic acreage allotment program
    through the 1969 crop and otherwise amended section generally to
    authorize establishment of a national domestic allotment for each
    crop year equal to the estimated domestic consumption for the
    marketing year beginning in year in which crop is to be produced
    and to authorize determination of a farm domestic acreage allotment
    percentage for each year by dividing national domestic allotment by
    total for all States of product of State acreage allotment and the
    projected State yield.

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Section 1(19)(E)-(G) of Pub. L. 93-86 provided that the
    amendments made by that section are effective beginning with 1974
    crop.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 601 of Pub. L. 91-524 provided that the amendment made by
    that section is effective beginning with 1971 crop.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Section 401(3) of Pub. L. 89-321 provided that the amendment made
    by that section is effective with 1966 crop.

                        INAPPLICABILITY OF SECTION                    
      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(a)(1) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title.

-End-

-CITE-
    7 USC Sec. 1350a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart iv - marketing quotas - cotton

-HEAD-
    Sec. 1350a. Repealed.

-MISC1-
    Sec. 1350a. Repealed. Pub. L. 96-470, title I, Sec. 102(e), Oct.
      19, 1980, 94 Stat. 2237.
      Section, Pub. L. 91-524, title VI, Sec. 609, Nov. 30, 1970, 84
    Stat. 1378, required Secretary to file annually with President for
    transmission to Congress a complete report of programs carried out
    under title VI of Pub. L. 91-524.

-End-

-CITE-
    7 USC subpart v - marketing quotas - rice                   01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart v - marketing quotas - rice

-HEAD-
                    SUBPART V - MARKETING QUOTAS - RICE                

-End-

-CITE-
    7 USC Sec. 1351                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart v - marketing quotas - rice

-HEAD-
    Sec. 1351. Omitted

-COD-
                               CODIFICATION                           
      Section, act Feb. 16, 1938, ch. 30, title III, Sec. 351, 52 Stat.
    60, set forth the legislative findings relating to rice marketing
    quotas pursuant to this subpart and was omitted in view of the
    repeal of the remaining sections of the subpart.

-End-

-CITE-
    7 USC Secs. 1352 to 1356                                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart v - marketing quotas - rice

-HEAD-
    Secs. 1352 to 1356. Repealed.

-MISC1-
    Secs. 1352 to 1356. Repealed. Pub. L. 97-98, title VI, Sec. 601,
      Dec. 22, 1981, 95 Stat. 1242.
      Section 1352, acts Feb. 16, 1938, ch. 30, title III, Sec. 352, 52
    Stat. 60; Aug. 9, 1955, ch. 648, 69 Stat. 576; Feb. 16, 1976, Pub.
    L. 94-214, title I, Sec. 101, 90 Stat. 181; Sept. 29, 1977, Pub. L.
    95-113, title VII, Sec. 701, 91 Stat. 940, provided for a national
    acreage allotment and allocation for 1976 through 1981 crops of
    rice.
      Section 1353, acts Feb. 16, 1938, ch. 30, title III, Sec. 353, 52
    Stat. 61; Oct. 31, 1949, ch. 792, title IV, Sec. 418(a), 63 Stat.
    1059; June 16, 1950, ch. 268, Secs. 1, 2, 64 Stat. 232; Apr. 30,
    1955, ch. 29, 69 Stat. 45; Apr. 30, 1955, ch. 30, 69 Stat. 45; May
    5, 1955, ch. 31, 69 Stat. 45; Aug. 9, 1955, ch. 652, 69 Stat. 578;
    May 28, 1956, ch. 327, title III, Sec. 304, 70 Stat. 205; June 4,
    1958, Pub. L. 85-443, Secs. 1, 2(a), (b), 3, 72 Stat. 177; Aug. 28,
    1958, Pub. L. 85-835, title III, Sec. 301, 72 Stat. 994; Feb. 16,
    1938, ch. 30, title III, Sec. 378(d), as added Aug. 28, 1958, Pub.
    L. 85-835, title V, Sec. 501, 72 Stat. 996; Mar. 6, 1962, Pub. L.
    87-412, 76 Stat. 20; Jan. 28, 1964, Pub. L. 88-261, 78 Stat. 6;
    Nov. 3, 1965, Pub. L. 89-321, title VIII, Sec. 801, 79 Stat. 1212;
    Oct. 11, 1968, Pub. L. 90-559, Sec. 1(8), 82 Stat. 996; Apr. 27,
    1973, Pub. L. 93-27, 87 Stat. 27, related to allocation of national
    acreage allotment.
      Section 1354, acts Feb. 16, 1938, ch. 30, title III, Sec. 354, 52
    Stat. 61; Oct. 31, 1949, ch. 792, title IV, Sec. 418(a), 63 Stat.
    1059; Apr. 4, 1960, Pub. L. 86-408, 74 Stat. 15, related to
    proclamation of marketing quotas and referendum by farmers on such
    quotas.
      Section 1355, acts Feb. 16, 1938, ch. 30, title III, Sec. 355, 52
    Stat. 62; July 3, 1948, ch. 827, title II, Sec. 206, 62 Stat. 1256;
    Oct. 31, 1949, ch. 792, title IV, Secs. 415(e), 418(a), 63 Stat.
    1058, 1059, related to amount of farm marketing quota.
      Section 1356, acts Feb. 16, 1938, ch. 30, title III, Sec. 356, 52
    Stat. 62; Oct. 31, 1949, ch. 792, title IV, Sec. 418(a), 63 Stat.
    1059; June 4, 1958, Pub. L. 85-443, Sec. 4, 72 Stat. 178; Dec. 14,
    1967, Pub. L. 90-191, 81 Stat. 578, related to penalties for farm
    marketing excess when farm marketing quotas are in effect and to
    avoidance or postponement of penalties by storage or other
    disposition.

                         EFFECTIVE DATE OF REPEAL                     
      Section 601 of Pub. L. 97-98 provided that the repeal of sections
    1352 to 1356 of this title is effective beginning with the 1982
    crop of rice.

-End-

-CITE-
    7 USC subpart vi - marketing quotas - peanuts               01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vi - marketing quotas - peanuts

-HEAD-
                  SUBPART VI - MARKETING QUOTAS - PEANUTS              

-End-

-CITE-
    7 USC Secs. 1357 to 1359a                                   01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vi - marketing quotas - peanuts

-HEAD-
    Secs. 1357 to 1359a. Repealed.

-MISC1-
    Secs. 1357 to 1359a. Repealed. Pub. L. 107-171, title I, Sec.
      1309(a)(1), May 13, 2002, 116 Stat. 179.
      Section 1357, act Feb. 16, 1938, ch. 30, title III, Sec. 357, as
    added Apr. 3, 1941, ch. 39, Sec. 1, 55 Stat. 88, related to
    legislative findings concerning peanut marketing quotas.
      Section 1358, act Feb. 16, 1938, ch. 30, title III, Sec. 358, as
    added Apr. 3, 1941, ch. 39, Sec. 1, 55 Stat. 88; amended July 9,
    1942, ch. 497, Sec. 1(1), 56 Stat. 653; July 26, 1946, ch. 677, 60
    Stat. 705; Aug. 1, 1947, ch. 445, Sec. 1, 61 Stat. 721; Aug. 29,
    1949, ch. 518, Sec. 4, 63 Stat. 676; Mar. 31, 1950, ch. 81, Sec.
    6(b), 64 Stat. 43; Apr. 12, 1951, ch. 28, Sec. 1, 65 Stat. 29; Pub.
    L. 85-717, Sec. 1, Aug. 21, 1958, 72 Stat. 709; Feb. 16, 1938, ch.
    30, title III, Sec. 378(d), as added Pub. L. 85-835, title V, Sec.
    501, Aug. 28, 1958, 72 Stat. 996; Pub. L. 92-62, Secs. 1-3, Aug. 3,
    1971, 85 Stat. 163, 164; Pub. L. 94-247, Mar. 25, 1976, 90 Stat.
    285; Pub. L. 95-113, title VIII, Secs. 801(b), 802, Sept. 29, 1977,
    91 Stat. 944; Pub. L. 97-98, title VII, Sec. 702, Dec. 22, 1981, 95
    Stat. 1248; Pub. L. 99-157, Sec. 5, Nov. 15, 1985, 99 Stat. 818;
    Pub. L. 99-198, title VII, Sec. 702, Dec. 23, 1985, 99 Stat. 1430;
    Pub. L. 102-237, title I, Sec. 117(b)(2)(A), Dec. 13, 1991, 105
    Stat. 1841, related to national marketing quota for peanuts.
      Section 1358-1, act Feb. 16, 1938, ch. 30, title III, Sec. 358-1,
    as added Pub. L. 101-624, title VIII, Sec. 802, Nov. 28, 1990, 104
    Stat. 3459; amended Pub. L. 102-237, title I, Sec. 117(b)(2)(B),
    Dec. 13, 1991, 105 Stat. 1841; Pub. L. 103-66, title I, Sec.
    1109(c)(1), Aug. 10, 1993, 107 Stat. 326; Pub. L. 104-127, title I,
    Sec. 155(i)(1)(A), (2)-(4)(A), (5), Apr. 4, 1996, 110 Stat. 927-
    929, related to national poundage quotas and acreage allotments
    for peanuts.
      Section 1358a, act Feb. 16, 1938, ch. 30, title III, Sec. 358a,
    as added Pub. L. 90-211, Dec. 18, 1967, 81 Stat. 658; amended Pub.
    L. 91-122, Nov. 21, 1969, 83 Stat. 213; Pub. L. 91-568, Dec. 22,
    1970, 84 Stat. 1499; Pub. L. 95-113, title VIII, Sec. 803, Sept.
    29, 1977, 91 Stat. 946; Pub. L. 97-98, title VII, Sec. 703, Dec.
    22, 1981, 95 Stat. 1251; Pub. L. 99-198, title VII, Sec. 703, Dec.
    23, 1985, 99 Stat. 1434; Pub. L. 100-387, title III, Sec.
    304(a)(2), Aug. 11, 1988, 102 Stat. 948, related to transfer of
    peanut acreage allotments.
      Section 1358b, act Feb. 16, 1938, ch. 30, title III, Sec. 358b,
    as added Pub. L. 101-624, title VIII, Sec. 803, Nov. 28, 1990, 104
    Stat. 3466; amended Pub. L. 102-237, title I, Sec. 122, Dec. 13,
    1991, 105 Stat. 1844; Pub. L. 104-127, title I, Sec. 155(i)(1)(B),
    (4)(B), (6), Apr. 4, 1996, 110 Stat. 928, 929, related to sale,
    lease, or transfer of farm poundage quota for peanuts.
      Section 1358c, act Feb. 16, 1938, ch. 30, title III, Sec. 358c,
    as added Pub. L. 101-624, title VIII, Sec. 805, Nov. 28, 1990, 104
    Stat. 3474; amended Pub. L. 104-127, title I, Sec. 155(i)(1)(C),
    Apr. 4, 1996, 110 Stat. 928, related to experimental and research
    programs for peanuts.
      Section 1359, act Feb. 16, 1938, ch. 30, title III, Sec. 358d,
    formerly Sec. 359, as added Apr. 3, 1941, ch. 39, Sec. 1, 55 Stat.
    90; amended July 9, 1942, ch. 497, Sec. 1(2), (3), 56 Stat. 653;
    Aug. 1, 1947, ch. 445, Sec. 2, 61 Stat. 721; July 3, 1948, ch. 827,
    title II, Sec. 207(d), 62 Stat. 1257; Mar. 31, 1950, ch. 81, Sec.
    6(a), 64 Stat. 42; Apr. 12, 1951, ch. 28, Sec. 2, 65 Stat. 31; Mar.
    28, 1952, ch. 110, 66 Stat. 27; May 28, 1956, ch. 327, title III,
    Secs. 305, 306, 70 Stat. 205; Pub. L. 85-127, Aug. 13, 1957, 71
    Stat. 344; Pub. L. 85-717, Sec. 2, Aug. 21, 1958, 72 Stat. 709;
    Pub. L. 95-113, title VIII, Sec. 804, Sept. 29, 1977, 91 Stat. 946;
    Pub. L. 96-31, July 7, 1979, 93 Stat. 81; Pub. L. 97-98, title VII,
    Sec. 704, Dec. 22, 1981, 95 Stat. 1251; Pub. L. 99-198, title VII,
    Sec. 704, Dec. 23, 1985, 99 Stat. 1435; Pub. L. 101-82, title VI,
    Sec. 601, Aug. 14, 1989, 103 Stat. 586; renumbered Sec. 358d and
    amended Pub. L. 102-237, title I, Sec. 117(a), (b)(2)(C), Dec. 13,
    1991, 105 Stat. 1841, related to peanut marketing penalties.
      Section 1359a, act Feb. 16, 1938, ch. 30, title III, Sec. 358e,
    formerly Sec. 359a, as added Pub. L. 101-624, title VIII, Sec. 804,
    Nov. 28, 1990, 104 Stat. 3467; renumbered Sec. 358e and amended
    Pub. L. 102-237, title I, Sec. 117(a), (b)(2)(D), Dec. 13, 1991,
    105 Stat. 1841; Pub. L. 103-66, title I, Sec. 1109(c)(2), Aug. 10,
    1993, 107 Stat. 326; Pub. L. 103-182, title III, Sec. 321(d)(1)(B),
    Dec. 8, 1993, 107 Stat. 2110; Pub. L. 103-465, title IV, Sec.
    404(e)(6), Dec. 8, 1994, 108 Stat. 4961; Pub. L. 104-127, title I,
    Sec. 155(i)(1)(D), Apr. 4, 1996, 110 Stat. 928, related to
    marketing penalties and disposition of additional peanuts.

                          TREATMENT OF 2001 CROP                      
      For applicability of this subpart, as in effect on the day before
    May 13, 2002, with respect to the 2001 crop of peanuts
    notwithstanding repeal of this subpart by Pub. L. 107-171, see
    section 7959(a)(2) of this title.

-End-

-CITE-
    7 USC subpart vii - flexible marketing allotments for
           sugar                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
           SUBPART VII - FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR       

-COD-
                               CODIFICATION                           
      Part VII of subtitle B of title III of the Agricultural
    Adjustment Act of 1938, comprising this subpart, was originally
    added to act Feb. 16, 1938, ch. 30, title III, by Pub. L. 101-624,
    title IX, Sec. 902, Nov. 28, 1990, 104 Stat. 3479, and amended Pub.
    L. 102-237, title I, Sec. 111(c)-(k), Dec. 13, 1991, 105 Stat. 1830-
    1836; Pub. L. 102-535, Oct. 27, 1992, 106 Stat. 3526; Pub. L. 103-
    66, title I, Sec. 1107(b), Aug. 10, 1993, 107 Stat. 324. Part VII
    is shown herein, however, as having been added by Pub. L. 107-171,
    title I, Sec. 1403, May 13, 2002, 116 Stat. 187, without reference
    to those intervening amendments because of the extensive revision
    of part VII by Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359aa                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359aa. Definitions

-STATUTE-
      In this subpart:
      (1) Mainland State
        The term "mainland State" means a State other than an offshore
      State.
      (2) Offshore State
        The term "offshore State" means a sugarcane producing State
      located outside of the continental United States.
      (3) State
        Notwithstanding section 1301 of this title, the term "State"
      means - 
          (A) a State;
          (B) the District of Columbia; and
          (C) the Commonwealth of Puerto Rico.
      (4) United States
        The term "United States", when used in a geographical sense,
      means all of the States.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359a, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 187.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359aa, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359a, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3479; amended Pub. L. 102-237, title I, Sec.
    111(c), Dec. 13, 1991, 105 Stat. 1830, related to information
    reporting with respect to sugar and crystalline fructose marketing
    quotas, prior to the general amendment of this subpart by Pub. L.
    107-171.
      A prior section 359a of act Feb. 16, 1938, was renumbered section
    359e and was classified to section 1359a of this title prior to
    repeal by Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359bb                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359bb. Flexible marketing allotments for sugar

-STATUTE-
    (a) Sugar estimates
      (1) In general
        Not later than August 1 before the beginning of each of the
      2002 through 2007 crop years, the Secretary shall estimate - 
          (A) the quantity of sugar that will be consumed in the United
        States during the crop year;
          (B) the quantity of sugar that would provide for reasonable
        carryover stocks;
          (C) the quantity of sugar that will be available from carry-
        in stocks for consumption in the United States during the crop
        year;
          (D) the quantity of sugar that will be available from the
        domestic processing of sugarcane and sugar beets; and
          (E) the quantity of sugars, syrups, and molasses that will be
        imported for human consumption or to be used for the extraction
        of sugar for human consumption in the United States during the
        crop year, whether such articles are under a tariff-rate quota
        or are in excess or outside of a tariff-rate quota.
      (2) Exclusion
        The estimates under this subsection shall not apply to sugar
      imported for the production of polyhydric alcohol or to any sugar
      refined and reexported in refined form or in products containing
      sugar.
      (3) Reestimates
        The Secretary shall make reestimates of sugar consumption,
      stocks, production, and imports for a crop year as necessary, but
      no later than the beginning of each of the second through fourth
      quarters of the crop year.
    (b) Sugar allotments
      (1) In general
        By the beginning of each crop year, the Secretary shall
      establish for that crop year appropriate allotments under section
      1359cc of this title for the marketing by processors of sugar
      processed from sugar beets and from domestically produced
      sugarcane at a level that the Secretary estimates will result in
      no forfeitures of sugar to the Commodity Credit Corporation under
      the loan program for sugar established under section 7272 of this
      title.
      (2) Products
        The Secretary may include sugar products, whose majority
      content is sucrose for human consumption, derived from sugarcane,
      sugar beets, molasses, or sugar in the allotments under paragraph
      (1) if the Secretary determines it to be appropriate for purposes
      of this subpart.
    (c) Prohibitions
      (1) In general
        During any crop year or portion thereof for which marketing
      allotments have been established, no processor of sugar beets or
      sugarcane shall market a quantity of sugar in excess of the
      allocation established for such processor, except to enable
      another processor to fulfill an allocation established for such
      other processor or to facilitate the exportation of such sugar.
      (2) Civil penalty
        Any processor who knowingly violates paragraph (1) shall be
      liable to the Commodity Credit Corporation for a civil penalty in
      an amount equal to 3 times the United States market value, at the
      time of the commission of the violation, of that quantity of
      sugar involved in the violation.
      (3) Definition of market
        For purposes of this subpart, the term "market" shall mean to
      sell or otherwise dispose of in commerce in the United States
      (including the forfeiture of sugar under the loan program for
      sugar under section 7272 of this title and, with respect to any
      integrated processor and refiner, the movement of raw cane sugar
      into the refining process).

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359b, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 188.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359bb, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359b, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3480; amended Pub. L. 102-237, title I, Sec.
    111(d), Dec. 13, 1991, 105 Stat. 1831; Pub. L. 103-66, title I,
    Sec. 1107(b), Aug. 10, 1993, 107 Stat. 324, related to marketing
    allotments for sugar and crystalline fructose, prior to the general
    amendment of this subpart by Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359cc                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359cc. Establishment of flexible marketing allotments

-STATUTE-
    (a) In general
      The Secretary shall establish flexible marketing allotments for
    sugar for any crop year in which the allotments are required under
    section 1359bb(b) of this title in accordance with this section.
    (b) Overall allotment quantity
      (1) In general
        The Secretary shall establish the overall quantity of sugar to
      be allotted for the crop year (in this subpart referred to as the
      "overall allotment quantity") by deducting from the sum of the
      estimated sugar consumption and reasonable carryover stocks (at
      the end of the crop year) for the crop year, as determined under
      section 1359bb(a) of this title - 
          (A) 1,532,000 short tons, raw value; and
          (B) carry-in stocks of sugar, including sugar in Commodity
        Credit Corporation inventory.
      (2) Adjustment
        The Secretary shall adjust the overall allotment quantity to
      avoid the forfeiture of sugar to the Commodity Credit
      Corporation.
    (c) Marketing allotment for sugar derived from sugar beets and
      sugar derived from sugarcane
      The overall allotment quantity for the crop year shall be
    allotted between - 
        (1) sugar derived from sugar beets by establishing a marketing
      allotment for a crop year at a quantity equal to the product of
      multiplying the overall allotment quantity for the crop year by
      54.35 percent; and
        (2) sugar derived from sugarcane by establishing a marketing
      allotment for a crop year at a quantity equal to the product of
      multiplying the overall allotment quantity for the crop year by
      45.65 percent.
    (d) Filling cane sugar and beet sugar allotments
      (1) Cane sugar
        Each marketing allotment for cane sugar established under this
      section may only be filled with sugar processed from domestically
      grown sugarcane.
      (2) Beet sugar
        Each marketing allotment for beet sugar established under this
      section may only be filled with sugar domestically processed from
      sugar beets.
    (e) State cane sugar allotments
      (1) In general
        The allotment for sugar derived from sugarcane shall be further
      allotted, among the States in the United States in which
      sugarcane is produced, after a hearing (if requested by the
      affected sugarcane processors and growers) and on such notice as
      the Secretary by regulation may prescribe, in a fair and
      equitable manner as provided in this subsection and section
      1359dd(b)(1)(D) of this title.
      (2) Offshore allotment
        (A) Collectively
          Prior to the allotment of sugar derived from sugarcane to any
        other State, 325,000 short tons, raw value shall be allotted to
        the offshore States.
        (B) Individually
          The collective offshore State allotment provided for under
        subparagraph (A) shall be further allotted among the offshore
        States in which sugarcane is produced, after a hearing (if
        requested by the affected sugarcane processors and growers) and
        on such notice as the Secretary by regulation may prescribe, in
        a fair and equitable manner on the basis of - 
            (i) past marketings of sugar, based on the average of the 2
          highest years of production of raw cane sugar from the 1996
          through 2000 crops;
            (ii) the ability of processors to market the sugar covered
          under the allotments for the crop year; and
            (iii) past processings of sugar from sugarcane, based on
          the 3-year average of the 1998 through 2000 crop years.
      (3) Mainland allotment
        The allotment for sugar derived from sugarcane, less the amount
      provided for under paragraph (2), shall be allotted among the
      mainland States in the United States in which sugarcane is
      produced, after a hearing (if requested by the affected sugarcane
      processors and growers) and on such notice as the Secretary by
      regulation may prescribe, in a fair and equitable manner on the
      basis of - 
          (A) past marketings of sugar, based on the average of the 2
        highest years of production of raw cane sugar from the 1996
        through 2000 crops;
          (B) the ability of processors to market the sugar covered
        under the allotments for the crop year; and
          (C) past processings of sugar from sugarcane, based on the 3
        crop years with the greatest processings (in the mainland
        States collectively) during the 1991 through 2000 crop years.
    (f) Filling cane sugar allotments
      Except as provided in section 1359ee of this title, a State cane
    sugar allotment established under subsection (e) of this section
    for a crop year may be filled only with sugar processed from
    sugarcane grown in the State covered by the allotment.
    (g) Adjustment of marketing allotments
      (1) In general
        The Secretary shall, based on reestimates under section
      1359bb(a)(3) of this title, adjust upward or downward marketing
      allotments in a fair and equitable manner, as the Secretary
      determines appropriate, to reflect changes in estimated sugar
      consumption, stocks, production, or imports.
      (2) Allocation to processors
        In the case of any increase or decrease in an allotment, each
      allocation to a processor of the allotment under section 1359dd
      of this title, and each proportionate share established with
      respect to the allotment under section 1359ff(c) of this title,
      shall be increased or decreased by the same percentage that the
      allotment is increased or decreased.
      (3) Carry-over of reductions
        Whenever a marketing allotment for a crop year is required to
      be reduced during the crop year under this subsection, if, at the
      time of the reduction, the quantity of sugar marketed exceeds the
      processor's reduced allocation, the allocation of an allotment
      next established for the processor shall be reduced by the
      quantity of the excess sugar marketed.
    (h) Suspension of allotments
      Whenever the Secretary estimates or reestimates under section
    1359bb(a) of this title, or has reason to believe, that imports of
    sugars, syrups or molasses for human consumption or to be used for
    the extraction of sugar for human consumption, whether under a
    tariff-rate quota or in excess or outside of a tariff-rate quota,
    will exceed 1,532,000 short tons (raw value equivalent) (excluding
    any imports attributable to reassignment under paragraph (1)(D) or
    (2)(C) of section 1359ee(b) of this title), and that the imports
    would lead to a reduction of the overall allotment quantity, the
    Secretary shall suspend the marketing allotments established under
    this section until such time as the imports have been restricted,
    eliminated, or reduced to or below the level of 1,532,000 short
    tons (raw value equivalent).

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359c, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 189.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359cc, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359c, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3481; amended Pub. L. 102-237, title I, Sec.
    111(e), Dec. 13, 1991, 105 Stat. 1832, related to establishment of
    marketing allotments, prior to the general amendment of this
    subpart by Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359dd                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359dd. Allocation of marketing allotments

-STATUTE-
    (a) Allocation to processors
      Whenever marketing allotments are established for a crop year
    under section 1359cc of this title, in order to afford all
    interested persons an equitable opportunity to market sugar under
    an allotment, the Secretary shall allocate each such allotment
    among the processors covered by the allotment.
    (b) Hearing and notice
      (1) Cane sugar
        (A) In general
          The Secretary shall make allocations for cane sugar after a
        hearing, if requested by the affected sugarcane processors and
        growers, and on such notice as the Secretary by regulation may
        prescribe, in such manner and in such quantities as to provide
        a fair, efficient, and equitable distribution of the
        allocations under this paragraph. Each such allocation shall be
        subject to adjustment under section 1359cc(g) of this title.
        (B) Multiple processor States
          Except as provided in subparagraphs (C) and (D), the
        Secretary shall allocate the allotment for cane sugar among
        multiple cane sugar processors in a single State based on - 
            (i) past marketings of sugar, based on the average of the 2
          highest years of production of raw cane sugar from among the
          1996 through 2000 crops;
            (ii) the ability of processors to market sugar covered by
          that portion of the allotment allocated for the crop year;
          and
            (iii) past processings of sugar from sugarcane, based on
          the average of the 3 highest years of production during the
          1996 through 2000 crop years.
        (C) Talisman processing facility
          In the case of allotments under subparagraph (B) attributable
        to the operations of the Talisman processing facility before
        May 13, 2002, the Secretary shall allocate the allotment among
        processors in the State under subparagraph (A) in accordance
        with the agreements of March 25 and 26, 1999, between the
        affected processors and the Secretary of the Interior.
        (D) Proportionate share States
          In the case of States subject to section 1359ff(c) of this
        title, the Secretary shall allocate the allotment for cane
        sugar among multiple cane sugar processors in a single State
        based on - 
            (i) past marketings of sugar, based on the average of the 2
          highest years of production of raw cane sugar from among the
          1997 through 2001 crop years;
            (ii) the ability of processors to market sugar covered by
          that portion of the allotments allocated for the crop year;
          and
            (iii) past processings of sugar from sugarcane, based on
          the average of the 2 highest crop years of crop production
          during the 1997 through 2001 crop years.
        (E) New entrants
          (i) In general
            Notwithstanding subparagraphs (B) and (D), the Secretary,
          on application of any processor that begins processing
          sugarcane on or after May 13, 2002, and after a hearing (if
          requested by the affected sugarcane processors and growers)
          and on such notice as the Secretary by regulation may
          prescribe, may provide the processor with an allocation that
          provides a fair, efficient and equitable distribution of the
          allocations from the allotment for the State in which the
          processor is located.
          (ii) Proportionate share States
            In the case of proportionate share States, the Secretary
          shall establish proportionate shares in a quantity sufficient
          to produce the sugarcane required to satisfy the allocations.
          (iii) Limitations
            The allotment for a new processor under this subparagraph
          shall not exceed - 
              (I) in the case of the first crop year of operation of a
            new processor, 50,000 short tons (raw value); and
              (II) in the case of each subsequent crop year of
            operation of the new processor, a quantity established by
            the Secretary in accordance with this subparagraph and the
            criteria described in subparagraph (B) or (D), as
            applicable.
          (iv) New entrant States
            (I) In general
              Notwithstanding subparagraphs (A) and (C) of section
            1359cc(e)(3) of this title, to accommodate an allocation
            under clause (i) to a new processor located in a new
            entrant mainland State, the Secretary shall provide the new
            entrant mainland State with an allotment.
            (II) Effect on other allotments
              The allotment to any new entrant mainland State shall be
            subtracted, on a pro rata basis, from the allotments
            otherwise allotted to each mainland State under section
            1359cc(e)(3) of this title.
          (v) Adverse effects
            Before providing an initial processor allocation or State
          allotment to a new entrant processor or a new entrant State
          under this subparagraph, the Secretary shall take into
          consideration any adverse effects that the provision of the
          allocation or allotment may have on existing cane processors
          and producers in mainland States.
          (vi) Ability to market
            Consistent with section 1359cc of this title and this
          section, any processor allocation or State allotment made to
          a new entrant processor or to a new entrant State under this
          subparagraph shall be provided only after the applicant
          processor, or the applicable processors in the State, have
          demonstrated the ability to process, produce, and market
          (including the transfer or delivery of the raw cane sugar to
          a refinery for further processing or marketing) raw cane
          sugar for the crop year for which the allotment is
          applicable.
          (vii) Prohibition
            Not more than 1 processor allocation provided under this
          subparagraph may be applicable to any individual sugar
          processing facility.
        (F) Transfer of ownership
          Except as otherwise provided in section 1359ff(c)(8) of this
        title, if a sugarcane processor is sold or otherwise
        transferred to another owner or is closed as part of an
        affiliated corporate group processing consolidation, the
        Secretary shall transfer the allotment allocation for the
        processor to the purchaser, new owner, successor in interest,
        or any remaining processor of an affiliated entity, as
        applicable, of the processor.
      (2) Beet sugar
        (A) In general
          Except as otherwise provided in this paragraph and sections
        1359cc(g), 1359ee(b), and 1359ff(b) of this title, the
        Secretary shall make allocations for beet sugar among beet
        sugar processors for each crop year that allotments are in
        effect on the basis of the adjusted weighted average quantity
        of beet sugar produced by the processors for each of the 1998
        through 2000 crop years, as determined under this paragraph.
        (B) Quantity
          The quantity of an allocation made for a beet sugar processor
        for a crop year under subparagraph (A) shall bear the same
        ratio to the quantity of allocations made for all beet sugar
        processors for the crop year as the adjusted weighted average
        quantity of beet sugar produced by the processor (as determined
        under subparagraphs (C) and (D)) bears to the total of the
        adjusted weighted average quantities of beet sugar produced by
        all processors (as so determined).
        (C) Weighted average quantity
          Subject to subparagraph (D), the weighted quantity of beet
        sugar produced by a beet sugar processor during each of the
        1998 through 2000 crop years shall be (as determined by the
        Secretary) - 
            (i) in the case of the 1998 crop year, 25 percent of the
          quantity of beet sugar produced by the processor during the
          crop year;
            (ii) in the case of the 1999 crop year, 35 percent of the
          quantity of beet sugar produced by the processor during the
          crop year; and
            (iii) in the case of the 2000 crop year, 40 percent of the
          quantity of beet sugar produced by the processor (including
          any quantity of sugar received from the Commodity Credit
          Corporation) during the crop year.
        (D) Adjustments
          (i) In general
            The Secretary shall adjust the weighted average quantity of
          beet sugar produced by a beet sugar processor during the 1998
          through 2000 crop years under subparagraph (C) if the
          Secretary determines that the processor - 
              (I) during the 1996 through 2000 crop years, opened a
            sugar beet processing factory;
              (II) during the 1998 through 2000 crop years, closed a
            sugar beet processing factory;
              (III) during the 1998 through 2000 crop years,
            constructed a molasses desugarization facility; or
              (IV) during the 1998 through 2000 crop years, suffered
            substantial quality losses on sugar beets stored during any
            such crop year.
          (ii) Quantity
            The quantity of beet sugar produced by a beet sugar
          processor under subparagraph (C) shall be - 
              (I) in the case of a processor that opened a sugar beet
            processing factory, increased by 1.25 percent of the total
            of the adjusted weighted average quantities of beet sugar
            produced by all processors during the 1998 through 2000
            crop years (without consideration of any adjustment under
            this subparagraph) for each sugar beet processing factory
            that is opened by the processor;
              (II) in the case of a processor that closed a sugar beet
            processing factory, decreased by 1.25 percent of the total
            of the adjusted weighted average quantities of beet sugar
            produced by all processors during the 1998 through 2000
            crop years (without consideration of any adjustment under
            this subparagraph) for each sugar beet processing factory
            that is closed by the processor;
              (III) in the case of a processor that constructed a
            molasses desugarization facility, increased by 0.25 percent
            of the total of the adjusted weighted average quantities of
            beet sugar produced by all processors during the 1998
            through 2000 crop years (without consideration of any
            adjustment under this subparagraph) for each molasses
            desugarization facility that is constructed by the
            processor; and
              (IV) in the case of a processor that suffered substantial
            quality losses on stored sugar beets, increased by 1.25
            percent of the total of the adjusted weighted average
            quantities of beet sugar produced by all processors during
            the 1998 through 2000 crop years (without consideration of
            any adjustment under this subparagraph).
        (E) Permanent termination of operations of a processor
          If a processor of beet sugar has been dissolved, liquidated
        in a bankruptcy proceeding, or otherwise has permanently
        terminated operations (other than in conjunction with a sale or
        other disposition of the processor or the assets of the
        processor), the Secretary shall - 
            (i) eliminate the allocation of the processor provided
          under this section; and
            (ii) distribute the allocation to other beet sugar
          processors on a pro rata basis.
        (F) Sale of all assets of a processor to another processor
          If a processor of beet sugar (or all of the assets of the
        processor) is sold to another processor of beet sugar, the
        Secretary shall transfer the allocation of the seller to the
        buyer unless the allocation has been distributed to other sugar
        beet processors under subparagraph (E).
        (G) Sale of factories of a processor to another processor
          (i) In general
            Subject to subparagraphs (E) and (F), if 1 or more
          factories of a processor of beet sugar (but not all of the
          assets of the processor) are sold to another processor of
          beet sugar during a crop year, the Secretary shall assign a
          pro rata portion of the allocation of the seller to the
          allocation of the buyer to reflect the historical
          contribution of the production of the sold factory or
          factories to the total allocation of the seller.
          (ii) Application of allocation
            The assignment of the allocation under clause (i) shall
          apply - 
              (I) during the remainder of the crop year during which
            the sale described in clause (i) occurs (referred to in
            this subparagraph as the "initial crop year"); and
              (II) each subsequent crop year (referred in this
            subparagraph as a "subsequent crop year"), subject to
            clause (iii).
          (iii) Subsequent crop years
            (I) In general
              The assignment of the allocation under clause (i) shall
            apply during each subsequent crop year unless the acquired
            factory or factories continue in operation for less than
            the initial crop year and the first subsequent crop year.
            (II) Reassignment
              If the acquired factory or factories do not continue in
            operation for the complete initial crop year and the first
            subsequent crop year, the Secretary shall reassign the
            temporary allocation to other processors of beet sugar on a
            pro rata basis.
          (iv) Use of other factories to fill allocation
            If the transferred allocation to the buyer for the
          purchased factory or factories cannot be filled by the
          production of the purchased factory or factories for the
          initial crop year or a subsequent crop year, the remainder of
          the transferred allocation may be filled by beet sugar
          produced by the buyer from other factories of the buyer.
        (H) New entrants starting production or reopening factories
          (i) In general
            Except as provided by clause (ii), if an individual or
          entity that does not have an allocation of beet sugar under
          this subpart (referred to in this paragraph as a "new
          entrant") starts processing sugar beets after May 13, 2002,
          or acquires and reopens a factory that produced beet sugar
          during previous crop years that (at the time of acquisition)
          has no allocation associated with the factory under this
          subpart, the Secretary shall - 
              (I) assign an allocation for beet sugar to the new
            entrant that provides a fair and equitable distribution of
            the allocations for beet sugar; and
              (II) reduce the allocations for beet sugar of all other
            processors on a pro rata basis to reflect the new
            allocation.
          (ii) Exception
            If a new entrant acquires and reopens a factory that
          previously produced beet sugar from sugar beets and from
          sugar beet molasses but the factory last processed sugar
          beets during the 1997 crop year and the new entrant starts to
          process sugar beets at such factory after May 13, 2002, the
          Secretary shall - 
              (I) assign an allocation for beet sugar to the new
            entrant that is not less than the greater of 1.67 percent
            of the total of the adjusted weighted average quantities of
            beet sugar produced by all processors during the 1998
            through 2000 crop years as determined under subsection
            (b)(2)(C) of this section, or 1,500,000 hundredweights; and
              (II) reduce the allocations for beet sugar of all other
            processors on a pro rata basis to reflect the new
            allocation.
        (I) New entrants acquiring ongoing factories with production
          history
          If a new entrant acquires a factory that has production
        history during the period of the 1998 through 2000 crop years
        and that is producing beet sugar at the time the allocations
        are made from a processor that has an allocation of beet sugar,
        the Secretary shall transfer a portion of the allocation of the
        seller to the new entrant to reflect the historical
        contribution of the production of the sold factory to the total
        allocation of the seller.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359d, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 191.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359dd, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359d, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3483; amended Pub. L. 102-237, title I, Sec.
    111(f), Dec. 13, 1991, 105 Stat. 1833, related to allocation of
    marketing allotments, prior to the general amendment of this
    subpart by Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359ee                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359ee. Reassignment of deficits

-STATUTE-
    (a) Estimates of deficits
      At any time allotments are in effect under this subpart, the
    Secretary, from time to time, shall determine whether (in view of
    then-current inventories of sugar, the estimated production of
    sugar and expected marketings, and other pertinent factors) any
    processor of sugarcane will be unable to market the sugar covered
    by the portion of the State cane sugar allotment allocated to the
    processor and whether any processor of sugar beets will be unable
    to market sugar covered by the portion of the beet sugar allotment
    allocated to the processor.
    (b) Reassignment of deficits
      (1) Cane sugar
        If the Secretary determines that any sugarcane processor who
      has been allocated a share of a State cane sugar allotment will
      be unable to market the processor's allocation of the State's
      allotment for the crop year - 
          (A) the Secretary first shall reassign the estimated quantity
        of the deficit to the allocations for other processors within
        that State, depending on the capacity of each other processor
        to fill the portion of the deficit to be assigned to it and
        taking into account the interests of producers served by the
        processors;
          (B) if after the reassignments the deficit cannot be
        completely eliminated, the Secretary shall reassign the
        estimated quantity of the deficit proportionately to the
        allotments for other cane sugar States, depending on the
        capacity of each other State to fill the portion of the deficit
        to be assigned to it, with the reassigned quantity to each
        State to be allocated among processors in that State in
        proportion to the allocations of the processors;
          (C) if after the reassignments the deficit cannot be
        completely eliminated, the Secretary shall reassign the
        estimated quantity of the deficit to the Commodity Credit
        Corporation and shall sell such quantity of sugar from
        inventories of the Corporation unless the Secretary determines
        that such sales would have a significant effect on the price of
        sugar; and
          (D) if after the reassignments and sales, the deficit cannot
        be completely eliminated, the Secretary shall reassign the
        remainder to imports.
      (2) Beet sugar
        If the Secretary determines that a sugar beet processor who has
      been allocated a share of the beet sugar allotment will be unable
      to market that allocation - 
          (A) the Secretary first shall reassign the estimated quantity
        of the deficit to the allotments for other sugar beet
        processors, depending on the capacity of each other processor
        to fill the portion of the deficit to be assigned to it and
        taking into account the interests of producers served by the
        processors;
          (B) if after the reassignments the deficit cannot be
        completely eliminated, the Secretary shall reassign the
        estimated quantity of the deficit to the Commodity Credit
        Corporation and shall sell such quantity of sugar from
        inventories of the Corporation unless the Secretary determines
        that such sales would have a significant effect on the price of
        sugar; and
          (C) if after the reassignments and sales, the deficit cannot
        be completely eliminated, the Secretary shall reassign the
        remainder to imports.
      (3) Corresponding increase
        The allocation of each processor receiving a reassigned
      quantity of an allotment under this subsection for a crop year
      shall be increased to reflect the reassignment.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359e, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 197.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359ee, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359e, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3484; amended Pub. L. 102-237, title I, Sec.
    111(g), Dec. 13, 1991, 105 Stat. 1833, related to reassignment of
    sugar deficits, prior to the general amendment of this subpart by
    Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359ff                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359ff. Provisions applicable to producers

-STATUTE-
    (a) Processor assurances
      (1) In general
        If allotments for a crop year are allocated to processors under
      section 1359dd of this title, the Secretary shall obtain from the
      processors such assurances as the Secretary considers adequate
      that the allocation will be shared among producers served by the
      processor in a fair and equitable manner that adequately reflects
      producers' production histories.
      (2) Arbitration
        (A) In general
          Any dispute between a processor and a producer, or group of
        producers, with respect to the sharing of the allocation to the
        processor shall be resolved through arbitration by the
        Secretary on the request of either party.
        (B) Period
          The arbitration shall, to the maximum extent practicable, be -
         
            (i) commenced not more than 45 days after the request; and
            (ii) completed not more than 60 days after the request.
    (b) Sugar beet processing facility closures
      (1) In general
        If a sugar beet processing facility is closed and the sugar
      beet growers that previously delivered beets to the facility
      elect to deliver their beets to another processing company, the
      growers may petition the Secretary to modify allocations under
      this subpart to allow the delivery.
      (2) Increased allocation for processing company
        The Secretary may increase the allocation to the processing
      company to which the growers elect to deliver their sugar beets,
      with the approval of the processing company, to a level that does
      not exceed the processing capacity of the processing company, to
      accommodate the change in deliveries.
      (3) Decreased allocation for closed company
        The increased allocation shall be deducted from the allocation
      to the company that owned the processing facility that has been
      closed and the remaining allocation shall be unaffected.
      (4) Timing
        The determinations of the Secretary on the issues raised by the
      petition shall be made within 60 days after the filing of the
      petition.
    (c) Proportionate shares of certain allotments
      (1) In general
        (A) States affected
          In any case in which a State allotment is established under
        section 1359cc(f) of this title and there are in excess of 250
        sugarcane producers in the State (other than Puerto Rico), the
        Secretary shall make a determination under subparagraph (B).
        (B) Determination
          The Secretary shall determine, for each State allotment
        described in subparagraph (A), whether the production of
        sugarcane, in the absence of proportionate shares, will be
        greater than the quantity needed to enable processors to fill
        the allotment and provide a normal carryover inventory of
        sugar.
      (2) Establishment of proportionate shares
        If the Secretary determines under paragraph (1) that the
      quantity of sugarcane produced by producers in the area covered
      by a State allotment for a crop year will be in excess of the
      quantity needed to enable processors to fill the allotment for
      the crop year and provide a normal carryover inventory of sugar,
      the Secretary shall establish a proportionate share for each
      sugarcane-producing farm that limits the acreage of sugarcane
      that may be harvested on the farm for sugar or seed during the
      crop year the allotment is in effect as provided in this
      subsection. Each such proportionate share shall be subject to
      adjustment under paragraph (7) and section 1359cc(g) of this
      title.
      (3) Method of determining
        For purposes of determining proportionate shares for any crop
      of sugarcane:
          (A) The Secretary shall establish the State's per-acre yield
        goal for a crop of sugarcane at a level (not less than the
        average per-acre yield in the State for the 2 highest years
        from among the 1999, 2000, and 2001 crop years, as determined
        by the Secretary) that will ensure an adequate net return per
        pound to producers in the State, taking into consideration any
        available production research data that the Secretary considers
        relevant.
          (B) The Secretary shall adjust the per-acre yield goal by the
        average recovery rate of sugar produced from sugarcane by
        processors in the State.
          (C) The Secretary shall convert the State allotment for the
        crop year involved into a State acreage allotment for the crop
        by dividing the State allotment by the per-acre yield goal for
        the State, as established under subparagraph (A) and as further
        adjusted under subparagraph (B).
          (D) The Secretary shall establish a uniform reduction
        percentage for the crop by dividing the State acreage
        allotment, as determined for the crop under subparagraph (C),
        by the sum of all adjusted acreage bases in the State, as
        determined by the Secretary.
          (E) The uniform reduction percentage for the crop, as
        determined under subparagraph (D), shall be applied to the
        acreage base for each sugarcane-producing farm in the State to
        determine the farm's proportionate share of sugarcane acreage
        that may be harvested for sugar or seed.
      (4) Acreage base
        For purposes of this subsection, the acreage base for each
      sugarcane-producing farm shall be determined by the Secretary, as
      follows:
          (A) The acreage base for any farm shall be the number of
        acres that is equal to the average of the acreage planted and
        considered planted for harvest for sugar or seed on the farm in
        the 2 highest of the 1999, 2000, and 2001 crop years.
          (B) Acreage planted to sugarcane that producers on a farm
        were unable to harvest to sugarcane for sugar or seed because
        of drought, flood, other natural disaster, or other condition
        beyond the control of the producers may be considered as
        harvested for the production of sugar or seed for purposes of
        this paragraph.
      (5) Violation
        (A) In general
          Whenever proportionate shares are in effect in a State for a
        crop of sugarcane, producers on a farm shall not knowingly
        harvest, or allow to be harvested, for sugar or seed an acreage
        of sugarcane in excess of the farm's proportionate share for
        the crop year, or otherwise violate proportionate share
        regulations issued by the Secretary under section 1359hh(a) of
        this title.
        (B) Determination of violation
          No producer shall be considered to have violated subparagraph
        (A) unless the processor of the sugarcane harvested by such
        producer from acreage in excess of the proportionate share of
        the farm markets an amount of sugar that exceeds the allocation
        of such processor for a crop year.
        (C) Civil penalty
          Any producer on a farm who violates subparagraph (A) by
        knowingly harvesting, or allowing to be harvested, an acreage
        of sugarcane in excess of the farm's proportionate share shall
        be liable to the Commodity Credit Corporation for a civil
        penalty equal to one and one-half times the United States
        market value of the quantity of sugar that is marketed by the
        processor of such sugarcane in excess of the allocation of such
        processor for the crop year. The Secretary shall prorate
        penalties imposed under this subparagraph in a fair and
        equitable manner among all the producers of sugarcane harvested
        from excess acreage that is acquired by such processor.
      (6) Waiver
        Notwithstanding the preceding subparagraph, the Secretary may
      authorize the county and State committees established under
      section 590h(b) of title 16 to waive or modify deadlines and
      other proportionate share requirements in cases in which lateness
      or failure to meet the other requirements does not affect
      adversely the operation of proportionate shares.
      (7) Adjustments
        Whenever the Secretary determines that, because of a natural
      disaster or other condition beyond the control of producers that
      adversely affects a crop of sugarcane subject to proportionate
      shares, the amount of sugarcane produced by producers subject to
      the proportionate shares will not be sufficient to enable
      processors in the State to meet the State's cane sugar allotment
      and provide a normal carryover inventory of sugar, the Secretary
      may uniformly allow producers to harvest an amount of sugarcane
      in excess of their proportionate share, or suspend proportionate
      shares entirely, as necessary to enable processors to meet the
      State allotment and provide a normal carryover inventory of
      sugar.
      (8) Processing facility closures
        (A) In general
          If a sugarcane processing facility subject to this subsection
        is closed and the sugarcane growers that delivered sugarcane to
        the facility prior to closure elect to deliver their sugarcane
        to another processing company, the growers may petition the
        Secretary to modify allocations under this subpart to allow the
        delivery.
        (B) Increased allocation for processing company
          The Secretary may increase the allocation to the processing
        company to which the growers elect to deliver the sugarcane,
        with the approval of the processing company, to a level that
        does not exceed the processing capacity of the processing
        company, to accommodate the change in deliveries.
        (C) Decreased allocation for closed company
          The increased allocation shall be deducted from the
        allocation to the company that owned the processing facility
        that has been closed and the remaining allocation shall be
        unaffected.
        (D) Timing
          The determinations of the Secretary on the issues raised by
        the petition shall be made within 60 days after the filing of
        the petition.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359f, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 198.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359ff, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359f, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3484; amended Pub. L. 102-237, title I, Sec.
    111(h), Dec. 13, 1991, 105 Stat. 1834; Pub. L. 102-535, Oct. 27,
    1992, 106 Stat. 3526, related to provisions applicable to
    producers, prior to the general amendment of this subpart by Pub.
    L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359gg                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359gg. Special rules

-STATUTE-
    (a) Transfer of acreage base history
      For the purpose of establishing proportionate shares for
    sugarcane farms under section 1359ff(c) of this title, the
    Secretary, on application of any producer, with the written consent
    of all owners of a farm, may transfer the acreage base history of
    the farm to any other parcels of land of the applicant.
    (b) Preservation of acreage base history
      If for reasons beyond the control of a producer on a farm, the
    producer is unable to harvest an acreage of sugarcane for sugar or
    seed with respect to all or a portion of the proportionate share
    established for the farm under section 1359ff(c) of this title, the
    Secretary, on the application of the producer and with the written
    consent of all owners of the farm, may preserve for a period of not
    more than 5 consecutive years the acreage base history of the farm
    to the extent of the proportionate share involved. The Secretary
    may permit the proportionate share to be redistributed to other
    farms, but no acreage base history for purposes of establishing
    acreage bases shall accrue to the other farms by virtue of the
    redistribution of the proportionate share.
    (c) Revisions of allocations and proportionate shares
      The Secretary, after such notice as the Secretary by regulation
    may prescribe, may revise or amend any allocation of a marketing
    allotment under section 1359dd of this title, or any proportionate
    share established or adjusted for a farm under section 1359ff(c) of
    this title, on the same basis as the initial allocation or
    proportionate share was required to be established.
    (d) Transfers of mill allocations
      (1) Transfer authorized
        A producer in a proportionate share State, upon written consent
      from all crop-share owners (or the representative of the crop-
      share owners) of a farm, and from the processing company holding
      the applicable allocation for such shares, may deliver sugarcane
      to another processing company if the additional delivery, when
      combined with such other processing company's existing
      deliveries, does not exceed the processing capacity of the
      company.
      (2) Allocation adjustment
        Notwithstanding section 1359dd of this title, the Secretary
      shall adjust the allocations of each of such processing companies
      affected by a transfer under paragraph (1) to reflect the change
      in deliveries, based on the product of - 
          (A) the number of acres of proportionate shares being
        transferred; and
          (B) the State's per acre yield goal established under section
        1359ff(c)(3) of this title.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359g, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 201.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359gg, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359g, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3486; amended Pub. L. 102-237, title I, Sec.
    111(i), Dec. 13, 1991, 105 Stat. 1835, related to special rules,
    prior to the general amendment of this subpart by Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359hh                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359hh. Regulations; violations; publication of Secretary's
      determinations; jurisdiction of the courts; United States
      attorneys

-STATUTE-
    (a) Regulations
      The Secretary or the Commodity Credit Corporation, as
    appropriate, shall issue such regulations as may be necessary to
    carry out the authority vested in the Secretary in administering
    this subpart.
    (b) Violation
      Any person knowingly violating any regulation of the Secretary
    issued under subsection (a) of this section shall be subject to a
    civil penalty of not more than $5,000 for each violation.
    (c) Publication in Federal Register
      Each determination issued by the Secretary to establish, adjust,
    or suspend allotments under this subpart shall be promptly
    published in the Federal Register and shall be accompanied by a
    statement of the reasons for the determination.
    (d) Jurisdiction of courts; United States attorneys
      (1) Jurisdiction of courts
        The several district courts of the United States are vested
      with jurisdiction specifically to enforce, and to prevent and
      restrain any person from violating, this subpart or any
      regulation issued thereunder.
      (2) United States attorneys
        Whenever the Secretary shall so request, it shall be the duty
      of the several United States attorneys, in their respective
      districts, to institute proceedings to enforce the remedies and
      to collect the penalties provided for in this subpart. The
      Secretary may elect not to refer to a United States attorney any
      violation of this subpart or regulation when the Secretary
      determines that the administration and enforcement of this
      subpart would be adequately served by written notice or warning
      to any person committing the violation.
    (e) Nonexclusivity of remedies
      The remedies and penalties provided for in this subpart shall be
    in addition to, and not exclusive of, any remedies or penalties
    existing at law or in equity.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359h, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 202.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359hh, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359h, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3486; amended Pub. L. 102-237, title I, Sec.
    111(j), Dec. 13, 1991, 105 Stat. 1836, related to regulations,
    violations, publication of Secretary's determinations, jurisdiction
    of courts, and United States attorneys, prior to the general
    amendment of this subpart by Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359ii                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359ii. Appeals

-STATUTE-
    (a) In general
      An appeal may be taken to the Secretary from any decision under
    section 1359dd of this title establishing allocations of marketing
    allotments, or under section 1359ff of this title, by any person
    adversely affected by reason of any such decision.
    (b) Procedure
      (1) Notice of appeal
        Any such appeal shall be taken by filing with the Secretary,
      within 20 days after the decision complained of is effective,
      notice in writing of the appeal and a statement of the reasons
      therefor. Unless a later date is specified by the Secretary as
      part of the Secretary's decision, the decision complained of
      shall be considered to be effective as of the date on which
      announcement of the decision is made. The Secretary shall deliver
      a copy of any notice of appeal to each person shown by the
      records of the Secretary to be adversely affected by reason of
      the decision appealed, and shall at all times thereafter permit
      any such person to inspect and make copies of appellant's reasons
      for the appeal and shall on application permit the person to
      intervene in the appeal.
      (2) Hearing
        The Secretary shall provide each appellant an opportunity for a
      hearing before an administrative law judge in accordance with
      sections 554 and 556 of title 5. The expenses for conducting the
      hearing shall be reimbursed by the Commodity Credit Corporation.
    (c) Special appeal process regarding beet sugar allocations
      (1) Appeal authorized
        Beginning after the 2006 crop year, a processor that has an
      allocation of the beet sugar allotment under this subpart
      (referred to in this subsection as a "petitioner") may file a
      notice of appeal with the Secretary regarding the petitioner's
      beet sugar allocation. Except as provided in paragraph (2), the
      Secretary shall consider the appeal if the notice alleges that
      any processor that has a beet sugar allocation has failed to fill
      at least 82.5 percent of its allocation of the beet sugar
      allotment with sugar produced by it or received from the
      Commodity Credit Corporation in 2 out of the 3 crop years
      preceding the crop year in which the appeal is filed. A processor
      that is alleged to have failed to fill at least 82.5 percent of
      its allocation shall be allowed to fully participate in the
      appeal.
      (2) Exceptions
        An appeal under paragraph (1) shall not be based on the failure
      of a processor to fill at least 82.5 percent of its allocation
      because of drought, flood, hail, or other weather disaster, as
      determined by the Secretary. The determination by the Secretary
      shall not require a formal disaster declaration.
      (3) Response to appeal
        Upon the petitioner making an appeal to the Secretary, and upon
      a review by the Secretary of how processors have filled their
      allocations, the Secretary may - 
          (A) assign an increased allocation for beet sugar to the
        petitioner that provides a fair and equitable distribution of
        the allocations for beet sugar, taking into account - 
            (i) production history during the period beginning on April
          4, 1996, and through May 13, 2002;
            (ii) capital investment during that period;
            (iii) increases in United States sugar consumption; and
            (iv) the ability or inability of processors to fill the
          allocations they have received under this subpart; and

          (B) reduce, correspondingly, the allocation for beet sugar of
        each processor determined to have failed to fill at least 82.5
        percent of its allocation of the beet sugar allotment as
        described in paragraph (1).
      (4) Filing deadline
        For purposes of the filing deadline specified in subsection
      (b)(1) of this section, the 20-day period shall commence on the
      date on which the Secretary announces the allocations for the
      subsequent crop year or October 1, whichever is earlier.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359i, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 202.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359ii, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359i, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3487; amended Pub. L. 102-237, title I, Sec.
    111(k), Dec. 13, 1991, 105 Stat. 1836, related to appeals, prior to
    the general amendment of this subpart by Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359jj                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359jj. Administration

-STATUTE-
    (a) Use of certain agencies
      In carrying out this subpart, the Secretary may use the services
    of local committees of sugar beet or sugarcane producers, sugarcane
    processors, or sugar beet processors, State and county committees
    established under section 590h(b) of title 16, and the departments
    and agencies of the United States Government.
    (b) Use of Commodity Credit Corporation
      The Secretary shall use the services, facilities, funds, and
    authorities of the Commodity Credit Corporation to carry out this
    subpart.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359j, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 203.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1359jj, act Feb. 16, 1938, ch. 30, title III,
    Sec. 359j, as added Pub. L. 101-624, title IX, Sec. 902, Nov. 28,
    1990, 104 Stat. 3488, related to administration of this subpart,
    prior to the general amendment of this subpart by Pub. L. 107-171.

-End-

-CITE-
    7 USC Sec. 1359kk                                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part B - Marketing Quotas
    subpart vii - flexible marketing allotments for sugar

-HEAD-
    Sec. 1359kk. Reallocating sugar quota import shortfalls

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law, on or after June 1 of
    each of the 2002 through 2007 calendar years, the United States
    Trade Representative, in consultation with the Secretary, shall
    determine the amount of the quota of cane sugar used by each
    qualified supplying country for that crop year, and may reallocate
    the unused quota for that crop year among qualified supplying
    countries.
    (b) Qualified supplying country defined
      In this section, the term "qualified supplying country" means one
    of the following foreign countries that is allowed to export cane
    sugar to the United States under an agreement or any other country
    with which the United States has an agreement relating to the
    importation of cane sugar:
        Argentina
        Australia
        Barbados
        Belize
        Bolivia
        Brazil
        Colombia
        Republic of the Congo
        Costa Rica
        Dominican Republic
        Ecuador
        El Salvador
        Fiji
        Gabon
        Guatemala
        Guyana
        Haiti
        Honduras
        India
        Cote D'Ivoire, formerly known as the Ivory Coast
        Jamaica
        Madagascar
        Malawi
        Mauritius
        Mexico
        Mozambique
        Nicaragua
        Panama
        Papua New Guinea
        Paraguay
        Peru
        Philippines
        St. Kitts and Nevis
        South Africa
        Swaziland
        Taiwan
        Thailand
        Trinidad-Tobago
        Uruguay
        Zimbabwe.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 359k, as added Pub. L. 107-
    171, title I, Sec. 1403, May 13, 2002, 116 Stat. 204.)

-End-

-CITE-
    7 USC Part C - Administrative Provisions                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions

-HEAD-
                    PART C - ADMINISTRATIVE PROVISIONS                

-End-

-CITE-
    7 USC subpart i - publication and review of quotas          01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart i - publication and review of quotas

-HEAD-
               SUBPART I - PUBLICATION AND REVIEW OF QUOTAS           

-MISC1-
                        INAPPLICABILITY OF SUBPART                    
      Subpart inapplicable to 1996 through 2001 crops of peanuts, see
    section 7301(a)(1)(F) of this title.
      Pub. L. 101-624, title VIII, Sec. 801(4), Nov. 28, 1990, 104
    Stat. 3459, provided that subpart I of part C of this subchapter
    (Sec. 1361 et seq.) is inapplicable to 1991 through 1995 crops of
    peanuts.
      Pub. L. 99-198, title VII, Sec. 701(4), Dec. 23, 1985, 99 Stat.
    1430, provided that subpart I of part C of this subchapter (Sec.
    1361 et seq.) is inapplicable to 1986 through 1990 crops of
    peanuts.
      Pub. L. 97-98, title VII, Sec. 701(4), Dec. 22, 1981, 95 Stat.
    1248, provided that subpart I of part C of this subchapter (Sec.
    1361 et seq.) is inapplicable to 1982 through 1985 crops of
    peanuts.

-End-

-CITE-
    7 USC Sec. 1361                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart i - publication and review of quotas

-HEAD-
    Sec. 1361. Application of subpart

-STATUTE-
      This subpart shall apply to the publication and review of farm
    marketing quotas established for corn, wheat, cotton, and rice,
    established under part B of this subchapter.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 361, 52 Stat. 62; Apr. 3,
    1941, ch. 39, Sec. 4, 55 Stat. 92; Pub. L. 107-171, title I, Sec.
    1309(h)(1), May 13, 2002, 116 Stat. 181; Pub. L. 108-357, title VI,
    Sec. 611(h), Oct. 22, 2004, 118 Stat. 1522.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-357 struck out "tobacco," after "established
    for".
      2002 - Pub. L. 107-171 struck out "peanuts," after "cotton,".
      1941 - Act Apr. 3, 1941, inserted "peanuts," after "cotton,".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-357 applicable to the 2005 and
    subsequent crops of tobacco, see section 643 of Pub. L. 108-357,
    set out as an Effective Date note under section 518 of this title.

                             SAVINGS PROVISION                         
      Amendment by sections 611 to 614 of Pub. L. 108-357 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. 108-357, set out as a note under section 515 of this
    title.

-End-

-CITE-
    7 USC Sec. 1362                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart i - publication and review of quotas

-HEAD-
    Sec. 1362. Publication of marketing quota; mailing of allotment
      notice

-STATUTE-
      All acreage allotments, and the farm marketing quotas established
    for farms in a county or other local administrative area shall, in
    accordance with regulations of the Secretary, be made and kept
    freely available for public inspection in such county or other
    local administrative area. An additional copy of this information
    shall be kept available in the office of the county agricultural
    extension agent or with the chairman of the local committee. Notice
    of the farm marketing quota of his farm shall be mailed to the
    farmer.
      Notice of the farm acreage allotment established for each farm
    shown by the records of the county committee to be entitled to such
    allotment shall insofar as practicable be mailed to the farm
    operator in sufficient time to be received prior to the date of the
    referendum.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 362, 52 Stat. 62; Aug. 29,
    1949, ch. 518, Sec. 2(c), 63 Stat. 676.)

-MISC1-
                                AMENDMENTS                            
      1949 - Act Aug. 29, 1949, inserted paragraph providing for
    mailing of notice of allotment.

-End-

-CITE-
    7 USC Sec. 1363                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart i - publication and review of quotas

-HEAD-
    Sec. 1363. Review of quota; review committee

-STATUTE-
      Any farmer who is dissatisfied with his farm marketing quota may,
    within fifteen days after mailing to him of notice as provided in
    section 1362 of this title, have such quota reviewed by a local
    review committee composed of three farmers from the same or nearby
    counties appointed by the Secretary. Such committee shall not
    include any member of the local committee which determined the farm
    acreage allotment, the normal yield, or the farm marketing quota
    for such farm. Unless application for review is made within such
    period, the original determination of the farm marketing quota
    shall be final.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 363, 52 Stat. 63; Apr. 12,
    1951, ch. 28, Sec. 3, 65 Stat. 31.)

-MISC1-
                                AMENDMENTS                            
      1951 - Act Apr. 12, 1951, provided that the Secretary appoint a
    local review committee composed of 3 farmers from the same or
    nearby counties.

               REVIEW OF 1950 COTTON FARM ACREAGE ALLOTMENT           
      Section 2 of act Mar. 31, 1950, ch. 81, 64 Stat. 41, provided
    that any farmer dissatisfied with his farm acreage allotment for
    the 1950 cotton crop could have such allotment reviewed in
    accordance with the provisions of this chapter.

-End-

-CITE-
    7 USC Sec. 1364                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart i - publication and review of quotas

-HEAD-
    Sec. 1364. Compensation of review committee

-STATUTE-
      The members of the review committee shall receive as compensation
    for their services the same per diem as that received by the
    members of the committee utilized for the purposes of chapter 3B of
    title 16. The members of the review committee shall not be entitled
    to receive compensation for more than thirty days in any one year.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 364, 52 Stat. 63.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter 3B [Sec. 590a et seq.] of title 16, referred to in text,
    was in the original a reference to the Soil Conservation and
    Domestic Allotment Act, as amended.

-End-

-CITE-
    7 USC Sec. 1365                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart i - publication and review of quotas

-HEAD-
    Sec. 1365. Institution of proceeding for court review of committee
      findings

-STATUTE-
      If the farmer is dissatisfied with the determination of the
    review committee, he may, within fifteen days after a notice of
    such determination is mailed to him by registered mail or by
    certified mail, file a bill in equity against the review committee
    as defendant in the United States district court, or institute
    proceedings for review in any court of record of the State having
    general jurisdiction, sitting in the county or the district in
    which his farm is located, for the purpose of obtaining a review of
    such determination. Bond shall be given in an amount and with
    surety satisfactory to the court to secure the United States for
    the costs of the proceeding. The bill of complaint in such
    proceeding may be served by delivering a copy thereof to any one of
    the members of the review committee. Thereupon the review committee
    shall certify and file in the court a transcript of the record upon
    which the determination complained of was made, together with its
    findings of fact.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 365, 52 Stat. 63; Pub. L.
    86-507, Sec. 1(5), June 11, 1960, 74 Stat. 200.)

-MISC1-
                                AMENDMENTS                            
      1960 - Pub. L. 86-507 inserted "or by certified mail" after
    "registered mail".

-End-

-CITE-
    7 USC Sec. 1366                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart i - publication and review of quotas

-HEAD-
    Sec. 1366. Court review

-STATUTE-
      The review by the court shall be limited to questions of law, and
    the findings of fact by the review committee, if supported by
    evidence shall be conclusive. If application is made to the court
    for leave to adduce additional evidence, and it is shown to the
    satisfaction of the court that such additional evidence is material
    and that there were reasonable grounds for failure to adduce such
    evidence in the hearing before the review committee, the court may
    direct such additional evidence to be taken before the review
    committee in such manner and upon such terms and conditions as to
    the court may seem proper. The review committee may modify its
    findings of fact or its determination by reason of the additional
    evidence so taken, and it shall file with the court such modified
    findings or determination, which findings of fact shall be
    conclusive. The court shall hear and determine the case upon the
    original record of the hearing before the review committee, and
    upon such record as supplemented if supplemented, by further
    hearing before the review committee pursuant to direction of the
    court. The court shall affirm the review committee's determination,
    or modified determination, if the court determines that the same is
    in accordance with law. If the court determines that such
    determination or modified determination is not in accordance with
    law, the court shall remand the proceeding to the review committee
    with direction either to make such determination as the court shall
    determine to be in accordance with law or to take such further
    proceedings as, in the court's opinion, the law requires.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 366, 52 Stat. 63; Pub. L.
    98-620, title IV, Sec. 402(6), Nov. 8, 1984, 98 Stat. 3357.)

-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-620 substituted "The court" for "At the
    earliest convenient time, the court, in term time or vacation,".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
    Effective Date note under section 1657 of Title 28, Judiciary and
    Judicial Procedure.

-End-

-CITE-
    7 USC Sec. 1367                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart i - publication and review of quotas

-HEAD-
    Sec. 1367. Stay of proceedings and exclusive jurisdiction

-STATUTE-
      The commencement of judicial proceedings under this subpart shall
    not, unless specifically ordered by the court, operate as a stay of
    the review committee's determination. Notwithstanding any other
    provision of law, the jurisdiction conferred by this subpart to
    review the legal validity of a determination made by a review
    committee pursuant to this subpart shall be exclusive. No court of
    the United States or of any State shall have jurisdiction to pass
    upon the legal validity of any such determination except in a
    proceeding under this subpart.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 367, 52 Stat. 64.)

-End-

-CITE-
    7 USC Sec. 1368                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart i - publication and review of quotas

-HEAD-
    Sec. 1368. Effect of increase on other quotas

-STATUTE-
      Notwithstanding any increase of any farm marketing quota for any
    farm as a result of review of the determination thereof under this
    subpart, the marketing quotas for other farms shall not be
    affected.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 368, 52 Stat. 64.)

-End-

-CITE-
    7 USC subpart ii - adjustment of quotas and enforcement     01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
             SUBPART II - ADJUSTMENT OF QUOTAS AND ENFORCEMENT         

-End-

-CITE-
    7 USC Sec. 1371                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
    Sec. 1371. General adjustment of quotas

-STATUTE-
    (a) Investigation and adjustment to maintain normal supply
      If at any time the Secretary has reason to believe that in the
    case of cotton,(!1) or rice the operation of farm marketing quotas
    in effect will cause the amount of such commodity which is free of
    marketing restrictions to be less than the normal supply for the
    marketing year for the commodity then current, he shall cause an
    immediate investigation to be made with respect thereto. In the
    course of such investigation due notice and opportunity for hearing
    shall be given to interested persons. If upon the basis of such
    investigation the Secretary finds the existence of such fact, he
    shall proclaim the same forthwith. He shall also in such
    proclamation specify such increase in, or termination of, existing
    quotas as he finds, on the basis of such investigation, is
    necessary to make the amount of such commodity which is free of
    marketing restrictions equal the normal supply.

    (b) Adjustment because of emergency or export demand
      If the Secretary has reason to believe that, because of a
    national emergency or because of a material increase in export
    demand, any national marketing quota or acreage allotment for
    cotton,(!1) or rice should be increased or terminated, he shall
    cause an immediate investigation to be made to determine whether
    the increase or termination is necessary to meet such emergency or
    increase in export demand. If, on the basis of such investigation,
    the Secretary finds that such increase or termination is necessary,
    he shall immediately proclaim such finding (and if he finds an
    increase is necessary, the amount of the increase found by him to
    be necessary) and thereupon such quota or allotment shall be
    increased, or shall terminate, as the case may be.
    (c) Increase of farm quota on increase of national quota
      In case any national marketing quota or acreage allotment for any
    commodity is increased under this section, each farm marketing
    quota for the commodity shall be increased in the same ratio.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 371, 52 Stat. 64; Apr. 3,
    1941, ch. 39, Sec. 5, 55 Stat. 92; Aug. 28, 1954, ch. 1041, title
    III, Sec. 312, 68 Stat. 904; Pub. L. 87-703, title III, Sec. 321,
    Sept. 27, 1962, 76 Stat. 626; Pub. L. 107-171, title I, Sec.
    1309(h)(2), May 13, 2002, 116 Stat. 182; Pub. L. 108-357, title VI,
    Sec. 611(i), Oct. 22, 2004, 118 Stat. 1522.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-357, Sec. 611(i)(1), substituted
    "or rice" for "rice, or tobacco" in first sentence.
      Subsec. (b). Pub. L. 108-357, Sec. 611(i)(2), which directed
    amendment of first sentence of subsec. (b) by substituting "or
    rice" for "rice, or tobacco", was executed by making the
    substitution for "rice,, or tobacco", to reflect the probable
    intent of Congress.
      2002 - Subsec. (a). Pub. L. 107-171, Sec. 1309(h)(2)(A), struck
    out "peanuts," before "or tobacco" in first sentence.
      Subsec. (b). Pub. L. 107-171, Sec. 1309(h)(2)(B), struck out
    "peanuts" before "or tobacco" in first sentence.
      1962 - Subsec. (a). Pub. L. 87-703, Sec. 321(1), struck out
    "corn, wheat," before "cotton".
      Subsec. (b). Pub. L. 87-703, Sec. 321(2), struck out "any
    national acreage allotment for corn, or" after "export demand,",
    "wheat," before "cotton" and "in order to effect the declared
    policy of this chapter or" before "to meet such emergency".
      1954 - Subsec. (b). Act Aug. 28, 1954, Sec. 312(a), inserted
    proviso relating to national acreage allotment for corn, and struck
    out corn from national marketing quota provision.
      Subsec. (c). Act Aug. 28, 1954, Sec. 312(b), inserted "or acreage
    allotment" after "marketing quota" wherever appearing.
      Subsec. (d). Act Aug. 28, 1954, Sec. 312(c), repealed subsec. (d)
    which related to the adjustment of corn storage regulations on
    change in marketing quotas.
      1941 - Subsecs. (a), (b). Act Apr. 3, 1941, inserted "peanuts,"
    after "rice,".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-357 applicable to the 2005 and
    subsequent crops of tobacco, see section 643 of Pub. L. 108-357,
    set out as an Effective Date note under section 518 of this title.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-703 effective only with respect to
    programs applicable to the crops planted for harvest in the
    calendar year 1964 or any subsequent year and the marketing years
    beginning in the calendar year 1964, or any subsequent year, see
    section 323 of Pub. L. 87-703, set out as a note under section 1301
    of this title.

                             SAVINGS PROVISION                         
      Amendment by sections 611 to 614 of Pub. L. 108-357 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. 108-357, set out as a note under section 515 of this
    title.

           INAPPLICABILITY TO 1991 THROUGH 1995 CROPS OF PEANUTS       
      Pub. L. 101-624, title VIII, Sec. 801(5), Nov. 28, 1990, 104
    Stat. 3459, provided that this section is inapplicable to 1991
    through 1995 crops of peanuts.

           INAPPLICABILITY TO 1986 THROUGH 1990 CROPS OF PEANUTS       
      Pub. L. 99-198, title VII, Sec. 701(5), Dec. 23, 1985, 99 Stat.
    1430, provided that this section is inapplicable to 1986 through
    1990 crops of peanuts.

           INAPPLICABILITY TO 1982 THROUGH 1985 CROPS OF PEANUTS       
      Pub. L. 97-98, title VII, Sec. 701(5), Dec. 22, 1981, 95 Stat.
    1248, provided that this section is inapplicable to 1982 through
    1985 crops of peanuts.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    7 USC Sec. 1372                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
    Sec. 1372. Payment, collection, and refund of penalties

-STATUTE-
      (a) The penalty with respect to the marketing, by sale, of wheat,
    cotton, or rice, if the sale is to any person within the United
    States, shall be collected by the buyer.
      (b) All penalties provided for in part B of this subchapter shall
    be collected and paid in such manner, at such times, and under such
    conditions as the Secretary may by regulations prescribe. Such
    penalties shall be remitted to the Secretary by the person liable
    for the penalty, except that if any other person is liable for the
    collection of the penalty, such other person shall remit the
    penalty. Except as provided in section 1314h (!1) of this title,
    the amount of such penalties shall be covered into the general fund
    of the Treasury of the United States.

      (c) Whenever, pursuant to a claim filed with the Secretary within
    two years after payment to him of any penalty collected from any
    person pursuant to this chapter, the Secretary finds that such
    penalty was erroneously illegally, or wrongfully collected and the
    claimant bore the burden of the payment of such penalty, the
    Secretary shall certify to the Secretary of the Treasury for
    payment to the claimant, in accordance with regulations prescribed
    by the Secretary of the Treasury, such amount as the Secretary
    finds the claimant is entitled to receive as a refund of such
    penalty.
      Notwithstanding any other provision of law, the Secretary is
    authorized to prescribe by regulations for the identification of
    farms and it shall be sufficient to schedule receipts into special
    deposit accounts or to schedule such receipts for transfer
    therefrom, or directly, into the separate fund provided for in
    subsection (b) of this section by means of such identification
    without reference to the names of the producers on such farms.
      The Secretary is authorized to prescribe regulations governing
    the filing of such claims and the determination of such refunds.
      (d) No penalty shall be collected under this chapter with respect
    to the marketing of any agricultural commodity grown for
    experimental purposes only by any publicly owned agricultural
    experiment station. Effective with the 1978 crops, no penalty shall
    be collected under this chapter with respect to the marketing of
    any agricultural commodity grown on State prison farms for
    consumption within such State prison system.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 372, 52 Stat. 65; Apr. 7,
    1938, ch. 107, Sec. 11, 52 Stat. 204; July 2, 1940, ch. 521, Sec.
    6, 54 Stat. 728; Pub. L. 96-113, Nov. 16, 1979, 93 Stat. 850; Pub.
    L. 99-272, title I, Sec. 1106(b), Apr. 7, 1986, 100 Stat. 91.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1314h of this title, referred to in subsec. (b), was
    repealed by Pub. L. 108-357, title VI, Sec. 611(a), Oct. 22, 2004,
    118 Stat. 1522.

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b). Pub. L. 99-272 substituted "Except as
    provided in section 1314h of this title, the" for "The".
      1979 - Subsec. (d). Pub. L. 96-113 inserted provisions respecting
    exemption from marketing quota penalties for State prison farms.
      1940 - Subsec. (c). Act July 2, 1940, substituted "within two
    years" for "within one year" and inserted "and the claimant bore
    the burden of the payment of such penalty" after "wrongfully
    collected" in first par. and inserted second par. authorizing
    regulations for farm identification, etc.
      1938 - Subsecs. (c), (d). Act Apr. 7, 1938, added subsecs. (c)
    and (d).

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 1106(b) of Pub. L. 99-272 provided that the amendment
    made by that section is effective for 1986 and subsequent crops of
    tobacco.

                           RULEMAKING PROCEDURES                       
      Secretary of Agriculture to implement amendments by Pub. L. 99-
    272 without regard to provisions requiring notice and other
    procedures for public participation in rulemaking contained in
    section 553 of Title 5, Government Organization and Employees, or
    in any other directive of the Secretary, see section 1108(c) of
    Pub. L. 99-272, set out as a note under section 1301 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    7 USC Sec. 1373                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
    Sec. 1373. Reports and records

-STATUTE-
    (a) Persons reporting
      This subsection shall apply to warehousemen, processors, and
    common carriers of corn, wheat, cotton, or rice, and (!1) all
    ginners of cotton,(!2) all persons engaged in the business of
    purchasing corn, wheat, cotton, or rice from producers. Any such
    person shall, from time to time on request of the Secretary, report
    to the Secretary such information and keep such records as the
    Secretary finds to be necessary to enable him to carry out the
    provisions of this subchapter. Such information shall be reported
    and such records shall be kept in accordance with forms which the
    Secretary shall prescribe. For the purpose of ascertaining the
    correctness of any report made or record kept, or of obtaining
    information required to be furnished in any report, but not so
    furnished, the Secretary is authorized to examine such books,
    papers, records, accounts, correspondence, contracts, documents,
    and memoranda as he has reason to believe are relevant and are
    within the control of such person. Any such person failing to make
    any report or keep any record as required by this subsection or
    making any false report or record shall be deemed guilty of a
    misdemeanor and upon conviction thereof shall be subject to a fine
    of not more than $500.

    (b) Proof of acreage yield
      Farmers engaged in the production of corn, wheat, cotton, or rice
    for market shall furnish such proof of their acreage, yield,
    storage, and marketing of the commodity in the form of records,
    marketing cards, reports, storage under seal, or otherwise as the
    Secretary may prescribe as necessary for the administration of this
    subchapter.
    (c) Data as confidential
      All data reported to or acquired by the Secretary pursuant to
    this section shall be kept confidential by all officers and
    employees of the Department, and only such data so reported or
    acquired as the Secretary deems relevant shall be disclosed by
    them, and then only in a suit or administrative hearing under this
    subchapter. Nothing in this section shall be deemed to prohibit the
    issuance of general statements based upon the reports of a number
    of parties which statements do not identify the information
    furnished by any person.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 373, 52 Stat. 65; June 13,
    1940, ch. 360, Sec. 6, 54 Stat. 394; Apr. 3, 1941, ch. 39, Secs. 6,
    7, 55 Stat. 92; Pub. L. 86-507, Sec. 1(6), June 11, 1960, 74 Stat.
    200; Pub. L. 95-113, title VIII, Sec. 805, Sept. 29, 1977, 91 Stat.
    947; Pub. L. 97-98, title VII, Sec. 706, Dec. 22, 1981, 95 Stat.
    1256; Pub. L. 97-218, title III, Sec. 304, July 20, 1982, 96 Stat.
    214; Pub. L. 99-198, title VII, Sec. 706, Dec. 23, 1985, 99 Stat.
    1441; Pub. L. 101-624, title VIII, Sec. 807, Nov. 28, 1990, 104
    Stat. 3478; Pub. L. 104-127, title I, Sec. 171(a)(2), Apr. 4, 1996,
    110 Stat. 937; Pub. L. 107-171, title I, Sec. 1309(h)(3), May 13,
    2002, 116 Stat. 182; Pub. L. 108-357, title VI, Sec. 611(j), Oct.
    22, 2004, 118 Stat. 1523.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-357, Sec. 611(j)(2)(B),
    substituted "$500." for "$500; and any tobacco warehouseman or
    dealer who fails to remedy such violation by making a complete and
    accurate report or keeping a complete and accurate record as
    required by this subsection within fifteen days after notice to him
    of such violation shall be subject to an additional fine of $100
    for each ten thousand pounds of tobacco, or fraction thereof,
    bought or sold by him after the date of such violation: Provided,
    That such fine shall not exceed $5,000; and notice of such
    violation shall be served upon the tobacco warehouseman or dealer
    by mailing the same to him by registered mail or by certified mail
    or by posting the same at any established place of business
    operated by him, or both."
      Pub. L. 108-357, Sec. 611(j)(2)(A), which directed that "all
    persons engaged in the business of redrying, prizing, or stemming
    tobacco for producers," be struck out in first sentence, was
    executed by striking out ", and all persons engaged in the business
    of redrying, prizing, or stemming tobacco for producers" before
    period at end of first sentence, to reflect the probable intent of
    Congress.
      Pub. L. 108-357, Sec. 611(j)(1), substituted "or rice" for "rice,
    or tobacco" in two places in first sentence.
      Subsec. (b). Pub. L. 108-357, Sec. 611(j)(1), substituted "or
    rice" for "rice, or tobacco".
      2002 - Subsec. (a). Pub. L. 107-171, Sec. 1309(h)(3)(A), in first
    sentence, struck out "peanuts," after "rice," in two places,
    inserted "and" after "from producers," and substituted "for
    producers." for "for producers, all producers engaged in the
    production of peanuts, all brokers and dealers in peanuts, all
    agents marketing peanuts for producers, or acquiring peanuts for
    buyers and dealers, and all peanut growers' cooperative
    associations, all persons engaged in the business of cleaning,
    shelling, crushing, and salting of peanuts and the manufacture of
    peanut products, and all persons owning or operating peanut-picking
    or peanut-threshing machines."
      Subsec. (b). Pub. L. 107-171, Sec. 1309(h)(3)(B), struck out
    "peanuts," after "rice,".
      1996 - Subsec. (a). Pub. L. 104-127 temporarily inserted "all
    producers engaged in the production of peanuts," before "all
    brokers and dealers in peanuts". See Effective and Termination
    Dates of 1996 Amendment note below.
      1990 - Subsec. (a). Pub. L. 101-624 temporarily inserted "all
    producers engaged in the production of peanuts," before "all
    brokers and dealers in peanuts". See Effective and Termination
    Dates of 1990 Amendment note below.
      1985 - Subsec. (a). Pub. L. 99-198 temporarily inserted "all
    producers engaged in the production of peanuts," before "all
    brokers and dealers in peanuts". See Effective and Termination
    Dates of 1985 Amendment note below.
      1982 - Subsec. (c). Pub. L. 97-218 inserted provision that
    nothing in this section shall be deemed to prohibit the issuance of
    general statements based upon the reports of a number of parties
    which statements do not identify the information furnished by any
    person.
      1981 - Subsec. (a). Pub. L. 97-98 temporarily inserted "all
    farmers engaged in the production of peanuts," before "all brokers
    and dealers in peanuts". See Effective and Termination Dates of
    1981 Amendment note below.
      1977 - Subsec. (a). Pub. L. 95-113 temporarily inserted "all
    farmers engaged in the production of peanuts," before "and brokers
    and dealers in peanuts". See Effective and Termination Dates of
    1977 Amendment note below.
      1960 - Subsec. (a). Pub. L. 86-507 inserted "or by certified
    mail" after "registered mail".
      1941 - Subsec. (a). Act Apr. 3, 1941, Sec. 6, among other
    changes, inserted "peanuts" after "rice" wherever appearing and
    inserted "all brokers and dealers in peanuts, all agents marketing
    peanuts for producers, or acquiring peanuts for buyers and dealers,
    and all peanut growers' cooperative associations, all persons
    engaged in the business of cleaning, shelling, crushing, and
    salting of peanuts and the manufacture of peanut products, and all
    persons owning or operating peanut-picking or peanut-threshing
    machines".
      Subsec. (b). Act Apr. 3, 1941, Sec. 7, inserted "peanuts," after
    "rice,".
      1940 - Subsec. (a). Act June 13, 1940, inserted all after "$500;"
    in last sentence.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-357 applicable to the 2005 and
    subsequent crops of tobacco, see section 643 of Pub. L. 108-357,
    set out as an Effective Date note under section 518 of this title.

             EFFECTIVE AND TERMINATION DATES OF 1996 AMENDMENT         
      Section 171(a)(2) of Pub. L. 104-127 provided that the amendment
    made by that section is effective only for 1996 through 2002 crops
    of peanuts.

             EFFECTIVE AND TERMINATION DATES OF 1990 AMENDMENT         
      Section 807 of Pub. L. 101-624 provided that the amendment made
    by that section is effective only for 1991 through 1995 crops of
    peanuts.

             EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT         
      Section 706 of Pub. L. 99-198 provided that the amendment made by
    that section is effective only for 1986 through 1990 crops of
    peanuts.

             EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT         
      Section 706 of Pub. L. 97-98 provided that the amendment made by
    that section is effective for 1982 through 1985 crop of peanuts.

             EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT         
      Section 805 of Pub. L. 95-113 provided that the amendment made by
    that section is effective for 1978 through 1981 crops of peanuts.

                             SAVINGS PROVISION                         
      Amendment by sections 611 to 614 of Pub. L. 108-357 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. 108-357, set out as a note under section 515 of this
    title.

-FOOTNOTE-
    (!1) So in original. The word "and" probably should not appear.

    (!2) So in original. The word "and" probably should appear.

-End-

-CITE-
    7 USC Sec. 1374                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
    Sec. 1374. Measurement of farms and report of plantings;
      remeasurement

-STATUTE-
      (a) The Secretary shall provide for ascertaining, by measurement
    or otherwise, the acreage of any agricultural commodity or land use
    on farms for which the ascertainment of such acreage is necessary
    to determine compliance under any program administered by the
    Secretary. Insofar as practicable, the acreage of the commodity and
    land use shall be ascertained prior to harvest, and, if any acreage
    so ascertained is not in compliance with the requirements of the
    program the Secretary, under such terms and conditions as he
    prescribes, may provide a reasonable time for the adjustment of the
    acreage of the commodity or land use to the requirements of the
    program. Where cotton is planted in skiprow patterns, the same
    rules that were in effect for the 1971 through 1973 crops for
    classifying the acreage planted to cotton and the area skipped
    shall also apply to the 1974 through 1995 crops, except that, for
    the 1991 through 1995 crops, the rules shall allow 30 inch rows
    (or, at the option of those cotton producers who had an established
    practice of using 32 inch rows before the 1991 crop, 32 inch rows)
    to be taken into account for classifying the acreage planted to
    cotton and the area skipped. For the 1992 through 1995 crops, the
    rules establishing the requirements for eligibility for conserving
    use for payment acres shall be the same rules as were in effect for
    1991 crops.
      (b) With respect to cotton, the Secretary, upon such terms and
    conditions as he may by regulation prescribe, shall provide,
    through the county and local committees for the measurement prior
    to planting of an acreage on the farm equal to the farm acreage
    allotment if so requested by the farm operator, and any farm on
    which the acreage planted to cotton does not exceed such measured
    acreage shall be deemed to be in compliance with the farm acreage
    allotment.
      (c) The Secretary shall by appropriate regulations provide for
    the remeasurement upon request by the farm operator of the acreage
    planted to such commodity on the farm and for the measurement of
    the acreage planted to such commodity on the farm remaining after
    any adjustment of excess acreage hereunder and shall prescribe the
    conditions under which the farm operator shall be required to pay
    the county committee for the expense of the measurement of adjusted
    acreage or the expense of remeasurement after the initial
    measurement or the measurement of adjusted acreage. The regulations
    shall also provide for the refund of any deposit or payment made
    for the expense of the remeasurement of the initially determined
    acreage or the adjusted acreage when because of an error in the
    determination of such acreage the remeasurement brings the acreage
    within the allotment or permitted acreage or results in a change in
    acreage in excess of a reasonable variation normal to measurements
    of acreage of the commodity. Unless the requirements for
    measurement of adjusted acreage are met by the farm operator, the
    acreage prior to such adjustment as determined by the county
    committee shall be considered the acreage of the commodity on the
    farm in determining whether the applicable farm allotment has been
    exceeded.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 374, 52 Stat. 65; Apr. 3,
    1941, ch. 39, Sec. 8, 55 Stat. 92; Aug. 29, 1949, ch. 518, Sec.
    2(b), 63 Stat. 676; Aug. 28, 1954, ch. 1041, title III, Sec.
    311(b), 68 Stat. 904; Pub. L. 86-553, Secs. 1, 2, June 30, 1960, 74
    Stat. 258; Pub. L. 89-321, title VII, Secs. 701, 702, Nov. 3, 1965,
    79 Stat. 1210; Pub. L. 91-524, title VI, Sec. 612, Nov. 30, 1970,
    as added Pub. L. 93-86, Sec. 1(25), Aug. 10, 1973, 87 Stat. 236;
    Pub. L. 95-113, title VI, Sec. 605, Sept. 29, 1977, 91 Stat. 940;
    Pub. L. 97-98, title V, Sec. 505, Dec. 22, 1981, 95 Stat. 1241;
    Pub. L. 99-198, title V, Sec. 505, Dec. 23, 1985, 99 Stat. 1418;
    Pub. L. 101-624, title V, Sec. 504, Nov. 28, 1990, 104 Stat. 3440;
    Pub. L. 102-237, title I, Sec. 116(2), Dec. 13, 1991, 105 Stat.
    1840.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-237 inserted "(or, at the option
    of those cotton producers who had an established practice of using
    32 inch rows before the 1991 crop, 32 inch rows)" after "30 inch
    rows" and inserted at end "For the 1992 through 1995 crops, the
    rules establishing the requirements for eligibility for conserving
    use for payment acres shall be the same rules as were in effect for
    1991 crops."
      1990 - Subsec. (a). Pub. L. 101-624 substituted "1995 crops,
    except that, for the 1991 through 1995 crops, the rules shall allow
    30 inch rows to be taken into account for classifying the acreage
    planted to cotton and the area skipped" for "1990 crops".
      1985 - Subsec. (a). Pub. L. 99-198 substituted "1990 crops" for
    "1985 crops".
      1981 - Subsec. (a). Pub. L. 97-98 substituted "1985 crops" for
    "1981 crops".
      1977 - Subsec. (a). Pub. L. 95-113 substituted "1981" for "1977"
    in provisions setting the last year for application of the 1971
    through 1973 skiprow patterns in classifying the acreage planted to
    cotton.
      1973 - Subsec. (a). Pub. L. 91-524, Sec. 612, as added by Pub. L.
    93-86, inserted provisions relating to cotton planted in skiprow
    patterns.
      1965 - Subsec. (a). Pub. L. 89-321, Sec. 701, removed references
    to county and local committees as the agent for measuring commodity
    or land use acreage, substituted a general reference to any
    agricultural commodity or land use on farms requiring ascertainment
    of acreage for specific reference to corn, wheat, cotton, peanuts,
    or rice, and substituted provisions requiring ascertainment of
    commodity and land use prior to harvesting and allowing a
    reasonable time for adjustment of acreage requirements for
    provisions requiring the filing of a written report by the local
    committee with the state committee in the event of planting in
    excess of farm acreage allotment.
      Subsec. (c). Pub. L. 89-321, Sec. 702, struck out sentence
    directing the Secretary to provide by regulation for the adjustment
    of planted acreage to the farm acreage allotment if the acreage
    determined to be planted to any basic agricultural commodity on the
    farm is in excess of the farm acreage allotment.
      1960 - Subsec. (b). Pub. L. 86-553, Sec. 1, struck out second
    sentence which read as follows: "The Secretary shall similarly
    provide for the remeasurement upon request by the farm operator of
    the acreage planted to cotton on the farm, but the operator shall
    be required to reimburse the local committee for the expense of
    such remeasurement if the planted acreage is found to be in excess
    of the allotted acreage" which is now covered by subsec. (c) of
    this section.
      Subsec. (c). Pub. L. 86-553, Sec. 2, authorized Secretary to
    provide by regulations for remeasurement of acreage planted to a
    basic agricultural commodity and for measurement of acreage planted
    to such commodity remaining after adjustment of excess of
    measurement and remeasurement and to provide for refunds, and
    prescribed method of computing acreage in determining whether the
    applicable farm allotment has been exceeded.
      1954 - Subsec. (b). Act Aug. 28, 1954, struck out last sentence
    relating to overplanting of cotton acreage.
      Subsec. (c). Act Aug. 28, 1954, added subsec. (c).
      1949 - Act Aug. 29, 1949, redesignated existing provisions as
    subsec. (a) and added subsec. (b).
      1941 - Act Apr. 3, 1941, inserted "peanuts," after "cotton,".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-624 effective beginning with 1991 crop
    of an agricultural commodity, with provision for prior crops, see
    section 1171 of Pub. L. 101-624, set out as a note under section
    1421 of this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
    1901 of Pub. L. 95-113, set out as a note under section 1307 of
    this title.

-End-

-CITE-
    7 USC Sec. 1375                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
    Sec. 1375. Regulations

-STATUTE-
      (a) The Secretary shall provide by regulations for the
    identification, wherever necessary, of corn, wheat, cotton, rice,
    or peanuts so as to afford aid in discovering and identifying such
    amounts of the commodities as are subject to and such amounts
    thereof as are not subject to marketing restrictions in effect
    under this subchapter.
      (b) The Secretary shall prescribe such regulations as are
    necessary for the enforcement of this subchapter.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 375, 52 Stat. 66; Apr. 3,
    1941, ch. 39, Sec. 9, 55 Stat. 92; Pub. L. 108-357, title VI, Sec.
    611(k), Oct. 22, 2004, 118 Stat. 1523.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-357, Sec. 611(k)(1), substituted
    "or peanuts" for "peanuts, or tobacco".
      Subsec. (c). Pub. L. 108-357, Sec. 611(k)(2), which directed
    amendment of this section by striking out subsec. (c), could not be
    executed because this section does not contain a subsec. (c).
      1941 - Subsec. (a). Act Apr. 3, 1941, inserted "peanuts," after
    "rice,".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-357 applicable to the 2005 and
    subsequent crops of tobacco, see section 643 of Pub. L. 108-357,
    set out as an Effective Date note under section 518 of this title.

                             SAVINGS PROVISION                         
      Amendment by sections 611 to 614 of Pub. L. 108-357 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. 108-357, set out as a note under section 515 of this
    title.

-End-

-CITE-
    7 USC Sec. 1376                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
    Sec. 1376. Court jurisdiction; duties of United States attorneys;
      remedies and penalties as additional

-STATUTE-
      The several district courts of the United States are vested with
    jurisdiction specifically to enforce the provisions of this
    subchapter. If and when the Secretary shall so request, it shall be
    the duty of the several United States attorneys in their respective
    districts, under the direction of the Attorney General, to
    institute proceedings to collect the penalties provided in this
    subchapter. The remedies and penalties provided for herein shall be
    in addition to, and not exclusive of, any of the remedies or
    penalties under existing law. This section also shall be applicable
    to liquidated damages provided for pursuant to section 1349 of this
    title.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 376, 52 Stat. 66; June 25,
    1948, ch. 646, Sec. 1, 62 Stat. 869; Pub. L. 88-297, title I, Sec.
    106(2), Apr. 11, 1964, 78 Stat. 176.)

-MISC1-
                                AMENDMENTS                            
      1964 - Pub. L. 88-297 provided for application of this section to
    liquidated damages under section 1349 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States
    attorneys" for "district attorneys". See section 541 of Title 28,
    Judiciary and Judicial Procedure, and Historical and Revision Notes
    thereunder.

-End-

-CITE-
    7 USC Sec. 1377                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
    Sec. 1377. Preservation of unused acreage allotments

-STATUTE-
      In any case in which, during any year beginning with 1956, the
    acreage planted to a commodity on any farm is less than the acreage
    allotment for such farm, the entire acreage allotment for such farm
    (excluding any allotment released from the farm or reapportioned to
    the farm and any allotment provided for the farm pursuant to
    subsection (f)(7)(A) of section 1344 of this title) shall, except
    as provided herein, be considered for the purpose of establishing
    future State, county and farm acreage allotments, to have been
    planted to such commodity in such year on such farm, but the 1956
    acreage allotment of any commodity shall be regarded as planted
    under this section only if the owner or operator on such farm
    notified the county committee prior to the sixtieth day preceding
    the beginning of the marketing year for such commodity of his
    desire to preserve such allotment: Provided, That beginning with
    the 1960 crop, except for federally owned land, the current farm
    acreage allotment established for a commodity shall not be
    preserved as history acreage pursuant to the provisions of this
    section unless for the current year or either of the two preceding
    years as acreage equal to 75 per centum or more of the farm acreage
    allotment for such year or, in the case of upland cotton on a farm
    which qualified for price support on the crop produced in any such
    year under section 1444(b) of this title, 75 per centum of the farm
    domestic allotment established under section 1350 of this title for
    any such year, whichever is smaller was actually planted or devoted
    to the commodity on the farm (or was regarded as planted under
    provisions of the Soil Bank Act or the environmental quality
    incentives program established under chapter 4 of subtitle D of
    title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa et
    seq.]): Provided further, That this section shall not be applicable
    in any case, within the period 1956 to 1959, in which the amount of
    the commodity required to be stored to postpone or avoid payment of
    penalty has been reduced because the allotment was not fully
    planted. Acreage history credits for released or reapportioned
    acreage shall be governed by the applicable provisions of this
    subchapter pertaining to the release and reapportionment of acreage
    allotments.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 377, as added May 28, 1956,
    ch. 327, title III, Sec. 307, 70 Stat. 206; amended Pub. L. 85-266,
    Sept. 2, 1957, 71 Stat. 592; Pub. L. 86-172, Sec. 1, Aug. 18, 1959,
    73 Stat. 393; Pub. L. 88-297, title I, Sec. 106(4), Apr. 11, 1964,
    78 Stat. 177; Pub. L. 95-113, title VIII, Sec. 806, Sept. 29, 1977,
    91 Stat. 947; Pub. L. 104-127, title III, Sec. 336(b)(2)(A), Apr.
    4, 1996, 110 Stat. 1006.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Soil Bank Act, referred to in text, is act May 28, 1956, ch.
    327, 70 Stat. 188, as amended, which was classified to subchapters
    I to III of chapter 45 (Sec. 1801 et seq.) of this title and was
    repealed by Pub. L. 89-321, title VI, Sec. 601, Nov. 3, 1965, 79
    Stat. 1206. For complete classification of this Act to the Code
    prior to its repeal, see Tables.
      The Food Security Act of 1985, referred to in text, is Pub. L. 99-
    198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter 4 of
    subtitle D of title XII of the Act is classified generally to part
    IV (Sec. 3839aa et seq.) of subchapter IV of chapter 58 of Title
    16, Conservation. For complete classification of this Act to the
    Code, see Short Title of 1985 Amendment note set out under section
    1281 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-127 substituted "environmental quality
    incentives program established under chapter 4 of subtitle D of
    title XII of the Food Security Act of 1985" for "Great Plains
    program".
      1977 - Pub. L. 95-113 temporarily inserted "or, in the case of
    peanuts, an acreage sufficient to produce 75 per centum of the farm
    poundage quota" after "of the farm acreage allotment for such
    year". See Effective and Termination Dates of 1977 Amendment note
    below.
      1964 - Pub. L. 88-297 inserted "or, in the case of upland cotton
    on a farm which qualified for price support on the crop produced in
    any such year under section 1444(b) of this title, 75 per centum of
    the farm domestic allotment established under section 1350 of this
    title for any such year, whichever is smaller" in first proviso
    after "75 per centum or more of the farm acreage allotment for such
    year" to protect the farm base of any farm participating in the
    domestic allotment choice program if the acreage planted on the
    farm was at least 75 per centum of the farm domestic allotment.
      1959 - Pub. L. 86-172 excluded any allotment provided for a farm
    under section 1344(f)(7)(A) of this title from the entire acreage
    allotment for the farm which is considered as planted in the year
    for the purpose of establishing future acreage allotments and
    provided for the preservation of the current farm acreage allotment
    as history acreage under prescribed conditions.
      1957 - Pub. L. 85-266 struck out, for 1957, 1958, and 1959,
    requirement of filing notice of intention not to plant full acreage
    allotment and provided that acreage history credits for released or
    reapportioned acreage shall be governed by the applicable
    provisions of this subchapter pertaining to the release and
    reapportionment of acreage allotments.

             EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT         
      Section 806 of Pub. L. 95-113 provided that the amendment made by
    that section is effective for 1978 through 1981 crops of peanuts.

                        INAPPLICABILITY OF SECTION                    
      Section inapplicable to 1984 and subsequent crops of extra long
    staple cotton, see section 3 of Pub. L. 98-88, set out as a note
    under section 1342 of this title.
      Section inapplicable to 2002 through 2007 crops of upland cotton,
    see section 7992(a)(2) of this title.
      Section inapplicable to 1996 through 2001 crops of upland cotton,
    see section 7301(a)(1)(G) of this title.
      Section inapplicable to 1991 through 1995 crops of upland cotton,
    see section 502 of Pub. L. 101-624, set out as a note under section
    1342 of this title.
      Section inapplicable to 1986 through 1990 crops of upland cotton,
    see section 502 of Pub. L. 99-198, set out as a note under section
    1342 of this title.
      Section inapplicable to 1982 through 1985 crops of upland cotton,
    see section 501 of Pub. L. 97-98, set out as a note under section
    1342 of this title.
      Section inapplicable to 1978 through 1981 crops of rice, see
    section 703 of Pub. L. 95-113.
      Section inapplicable to 1978 through 1981 crops of upland cotton,
    see section 601 of Pub. L. 95-113, set out as a note under section
    1342 of this title.
      Pub. L. 94-214, title III, Sec. 301, Feb. 16, 1976, 90 Stat. 187,
    provided that: "Section 377 of the Agricultural Adjustment Act of
    1938 [this section] shall not be applicable to the 1976 and 1977
    crops of rice."
      Pub. L. 91-524, title VI, Sec. 601(1), Nov. 30, 1970, 84 Stat.
    1371, as amended by Pub. L. 93-86, Sec. 1(19)(A), Aug. 10, 1973, 87
    Stat. 233, provided that this section is inapplicable to 1971
    through 1977 crops of upland cotton.

-End-

-CITE-
    7 USC Sec. 1378                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
    Sec. 1378. Transfer of acreage allotments ensuing from agency
      acquisition of farmlands

-STATUTE-
    (a) Allotment pool
      Notwithstanding any other provision of this chapter, the
    allotment determined for any commodity for any land from which the
    owner is displaced because of acquisition of the land for any
    purpose, other than for the continued production of allotted crops,
    by any Federal, State, or other agency having the right of eminent
    domain shall be placed in an allotment pool and shall be available
    only for use in providing allotments for other farms owned by the
    owner so displaced. Upon application to the county committee,
    within three years after the date of such displacement, any owner
    so displaced shall be entitled to have allotments established for
    other farms owned by him, taking into consideration the land,
    labor, and equipment available on such other farms for the
    production of the commodity, crop-rotation practices, and the soil
    and other physical factors affecting the production of the
    commodity: Provided, That the acreage used to establish or increase
    the allotments for such farms shall be transferred from the pool
    and shall not exceed the allotment most recently established for
    the farm acquired from the applicant and placed in the pool. During
    the period of eligibility for the making of allotments under this
    section for a displaced owner, acreage allotments for the farm from
    which the owner was so displaced shall be established in accordance
    with the procedure applicable to other farms, and such allotments
    shall be considered to have been fully planted. After such
    allotment is made under this section, the proportionate part, or
    all, as the case may be, of the past acreage used in establishing
    the allotment most recently placed in the pool for the farm from
    which the owner was so displaced shall be transferred to and
    considered for the purposes of future State, county, and farm
    acreage allotments to have been planted on the farm to which
    allotment is made under this section. Except where subsection (c)
    of this section requires the transfer of allotment to another
    portion of the same farm, for the purpose of this section (1) that
    part of any farm from which the owner is so displaced and that part
    from which he is not so displaced shall be considered as separate
    farms; and (2) an owner who voluntarily relinquishes possession of
    the land subsequent to its acquisition by an agency having the
    right of eminent domain shall be considered as having been
    displaced because of such acquisition. The former owner of land
    acquired as described in this subsection shall not be considered
    for the purposes hereof to have been displaced from such land
    during any period for which such land is leased to such former
    owner: Provided, That the occupancy of the former owner under the
    lease follows immediately after his occupancy as owner: And
    provided further, That if a former owner has been displaced prior
    to April 9, 1960, and no allotment from the land owned by such
    former owner has been transferred from the allotment pool and such
    former owner leases the land formerly owned by him prior to two
    years from April 9, 1960, such allotment shall be retransferred
    from the pool to such land and the occupancy of such former owner
    under the lease for the purposes of this subsection shall be deemed
    to have begun immediately after his displacement as owner. During
    any year of the 3-year period the allotment from a farm may remain
    in the allotment pool, the displaced owner may, in accordance with
    regulations of the Secretary, release for one year at a time any
    part or all of such farm allotment to the county committee for
    reapportionment to other farms in the county having allotments for
    such commodity on the basis of the past acreage of the commodity,
    land, labor, equipment available for the production of the
    commodity, crop rotation practices, and soil and other physical
    facilities affecting the production of the commodity; and the
    allotment reapportioned shall, for purposes of establishing future
    farm allotments, not be regarded as planted on the farm to which
    the allotment was transferred.
    (b) Circumstances precluding application of provisions
      The provisions of this section shall not be applicable if (1)
    there is any marketing quota penalty due with respect to the
    marketing of the commodity from the farm acquired by the Federal,
    State, or other agency or by the owner of the farm; (2) any of the
    commodity produced on such farm has not been accounted for as
    required by the Secretary; or (3) the allotment next established
    for the farm acquired by the Federal, State, or other agency would
    have been reduced because of false or improper identification of
    the commodity produced on or marketed from such farm or due to a
    false acreage report.
    (c) Time of displacement determining application of provisions
      This section shall not be applicable, in the case of and (!1)
    cotton, to any farm from which the owner was displaced prior to
    1950, in the case of wheat and corn, to any farm from which the
    owner was displaced prior to 1954, and in the case of rice, to any
    farm from which the owner was displaced prior to 1955. In any case
    where the cropland acquired for nonfarming purposes from an owner
    by an agency having the right of eminent domain represents less
    than 15 per centum of the total cropland on the farm, the allotment
    attributable to that portion of the farm so acquired shall be
    transferred to that portion of the farm not so acquired.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 378, as added Pub. L. 85-
    835, title V, Sec. 501, Aug. 28, 1958, 72 Stat. 995; amended Pub.
    L. 86-423, Sec. 1, Apr. 9, 1960, 74 Stat. 41; Pub. L. 87-33, May
    16, 1961, 75 Stat. 78; Pub. L. 91-524, title IV, Sec. 404(3), title
    VI, Sec. 605(1), Nov. 30, 1970, 84 Stat. 1366, 1378; Pub. L. 92-10,
    Sec. 2, Apr. 14, 1971, 85 Stat. 27; Pub. L. 92-354, July 26, 1972,
    86 Stat. 499; Pub. L. 107-171, title I, Sec. 1309(h)(4), May 13,
    2002, 116 Stat. 182; Pub. L. 108-357, title VI, Sec. 611(l), Oct.
    22, 2004, 118 Stat. 1523.)

-COD-
                               CODIFICATION                           
      Part of subsec. (d) of section 378 of act Feb. 16, 1938, as
    originally enacted, is set out as a Savings Clause note below. The
    remainder of such subsec. (d) repealed sections 1313(h), 1334(d),
    1344(h), a prior section 1353(f), and section 1358(h) of this
    title.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-357, Sec. 611(l)(1), which
    directed amendment of subsec. (c) by substituting "and cotton" for
    "cotton, and tobacco", was executed by making the substitution for
    "cotton and tobacco", to reflect the probable intent of Congress.
      Subsecs. (d), (e). Pub. L. 108-357, Sec. 611(l)(2), directed the
    repeal of subsecs. (d) and (e), added by Pub. L. 91-524, which had
    temporarily included farm base acreage allotment for upland cotton
    and domestic allotment for wheat within the term "allotment" as
    used in this section. See Codification note above and 1970
    Amendment note below.
      Subsec. (f). Pub. L. 108-357, Sec. 611(l)(2), struck out subsec.
    (f), which provided that the terms "allotment" and "acreage" would
    be construed to mean "marketing quota" and "poundage",
    respectively, in applying provisions to a farm for which a quota
    had been determined under section 1314e of this title.
      2002 - Subsec. (c). Pub. L. 107-171 substituted "cotton and
    tobacco," for "cotton, tobacco, and peanuts,".
      1972 - Subsec. (a). Pub. L. 92-354 struck out the alternative
    time limitation for filing applications to the county committee and
    substituted provisions describing allotments for provisions
    requiring the allotments to be comparable with allotments
    determined for other farms in the same area which are similar
    except for the past acreage of the commodity.
      1971 - Subsec. (f). Pub. L. 92-10 added subsec. (f).
      1970 - Subsec. (d). Pub. L. 91-524, Sec. 605(1), temporarily
    added subsec. (d). See Effective and Termination Dates of 1970
    Amendment note below.
      Subsec. (e). Pub. L. 91-524, Sec. 404(3), temporarily added
    subsec. (e). See Effective and Termination Dates of 1970 Amendment
    note below.
      1961 - Pub. L. 87-33 substituted provisions permitting displaced
    owners to release part or all of any allotment remaining in the
    allotment pool for reapportionment to other farms in the county
    having allotments for such commodity, for provisions making
    sections 1344(m)(2), 1353(e), and 1358(g) of this title
    inapplicable to allotments held under the lease by a displaced
    owner.
      1960 - Subsec. (a). Pub. L. 86-423 inserted sentences providing
    that the former owner of land shall not be considered to have been
    displaced during any period for which such land is leased to him if
    his occupancy under the lease immediately follows after his
    occupancy as owner, authorizing retransfer of allotments in cases
    where a former owner leases land formerly owned by him prior to two
    years from April 9, 1960, and making sections 1344(m)(2), 1353(e),
    and 1358(g) of this title inapplicable to allotments on lands held
    under the lease by a displaced owner which are subject to the
    provisions of this amendment.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-357 applicable to the 2005 and
    subsequent crops of tobacco, see section 643 of Pub. L. 108-357,
    set out as an Effective Date note under section 518 of this title.

             EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT         
      Sections 404 and 605 of Pub. L. 91-524, as amended by Pub. L. 93-
    86, Sec. 1(11), (22), Aug. 10, 1973, 87 Stat. 229, 235, provided
    that the amendments made by those sections are effective only with
    respect to 1971 through 1977 crops.

                             SAVINGS PROVISION                         
      Amendment by sections 611 to 614 of Pub. L. 108-357 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. 108-357, set out as a note under section 515 of this
    title.
      Section 378(d) of act Feb. 16, 1938, as added by Pub. L. 85-835,
    Sec. 501, provided in part that: "but any transfer or reassignment
    of allotment heretofore made under the provisions of these sections
    [former sections 1313(h), 1334(d), 1344(h), 1353(f), and 1358(h) of
    this title] shall remain in effect, and any displaced farm owner
    for whom an allotment has been established under such repealed
    sections [such sections] shall not be eligible for additional
    allotment under subsection (a) of this section [subsec. (a) of this
    section] because of such displacement."

-FOOTNOTE-
    (!1) So in original. The word "and" probably should not appear.

-End-

-CITE-
    7 USC Sec. 1379                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part C - Administrative Provisions
    subpart ii - adjustment of quotas and enforcement

-HEAD-
    Sec. 1379. Reconstitution of farms

-STATUTE-
      In any case in which the ownership of a tract of land is
    transferred from a parent farm, the acreage allotments, history
    acreages, and base acreages for the farm shall be divided between
    such tract and the parent farm in the same proportion that the
    cropland acreage in such tract bears to the cropland acreage in the
    parent farm, except that the Secretary shall provide by regulation
    the method to be used in determining the division, if any, of the
    acreage allotments, histories, and bases in any case in which - 
        (1) the tract of land transferred from the parent farm has been
      or is being transferred to any agency having the right to acquire
      it by eminent domain;
        (2) the tract of land transferred from the parent farm is to be
      used for nonagricultural purposes;
        (3) the parent farm resulted from a combination of two or more
      tracts of land and records are available showing the contribution
      of each tract to the allotments, histories, and bases of the
      parent farm;
        (4) the appropriate county committee determines that a division
      based on cropland proportions would result in allotments and
      bases not representative of the operations normally carried out
      on any transferred tract during the base period;
        (5) the parent farm is divided among heirs in settling an
      estate; or
        (6) neither the tract transferred from the parent farm nor the
      remaining portion of the parent farm receives allotments in
      excess of allotments for similar farms in the community having
      allotments of the commodity or commodities involved and such
      allotments are consistent with good land uses.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379, as added Pub. L. 89-
    321, title VII, Sec. 707, Nov. 3, 1965, 79 Stat. 1211; amended
    Pub. L. 91-524, title IV, Sec. 404(4), title VI, Sec. 605(2), Nov.
    30, 1970, 84 Stat. 1366, 1378; Pub. L. 98-180, title II, Sec.
    212(b), Nov. 29, 1983, 97 Stat. 1149; Pub. L. 101-577, Sec. 2(c),
    Nov. 15, 1990, 104 Stat. 2856; Pub. L. 102-237, title I, Sec.
    116(3), Dec. 13, 1991, 105 Stat. 1841; Pub. L. 106-78, title VIII,
    Sec. 803(c)(6)(C), Oct. 22, 1999, 113 Stat. 1178; Pub. L. 108-357,
    title VI, Sec. 611(m), Oct. 22, 2004, 118 Stat. 1523.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-357 struck out "(a)" before "In any case",
    struck out ", but this clause (6) shall not be applicable in the
    case of burley tobacco" before period at end of par. (6), and
    struck out subsecs. (b) and (c), which related to combination of
    tracts in contiguous counties, and to burley tobacco poundage quota
    when a farm is divided through reconstitution, respectively.
      1999 - Subsec. (b). Pub. L. 106-78 inserted "or flue-cured" after
    "Burley".
      1991 - Subsecs. (a)(4) to (7), (c). Pub. L. 102-237 struck out
    "or" at end of par. (4), substituted "; or" for period at end of
    par. (5), substituted a period for "; or" at end of par. (6), and
    redesignated par. (7) as subsec. (c) and moved subsec. (c) to
    follow subsec. (b).
      1990 - Subsec. (a)(7). Pub. L. 101-577 added par. (7).
      1983 - Pub. L. 98-180 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1970 - Pub. L. 91-524 temporarily inserted provision that term
    "acreage allotments" include the farm base acreage allotments for
    upland cotton and the domestic allotment for wheat. See Effective
    and Termination Dates of 1970 Amendment note below.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-357 applicable to the 2005 and
    subsequent crops of tobacco, see section 643 of Pub. L. 108-357,
    set out as an Effective Date note under section 518 of this title.

             EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT         
      Sections 404 and 605 of Pub. L. 91-524, as amended by Pub. L. 93-
    86, Sec. 1(11), (22), Aug. 10, 1973, 87 Stat. 229, 235, provided
    that the amendments made by those sections are effective only with
    respect to 1971 through 1977 crops.

                             SAVINGS PROVISION                         
      Amendment by sections 611 to 614 of Pub. L. 108-357 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. 108-357, set out as a note under section 515 of this
    title.

-End-

-CITE-
    7 USC Part D - Wheat Marketing Allocation                   01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
                    PART D - WHEAT MARKETING ALLOCATION                

-End-

-CITE-
    7 USC Sec. 1379a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379a. Legislative findings

-STATUTE-
      Wheat, in addition to being a basic food, is one of the great
    export crops of American agriculture and its production for
    domestic consumption and for export is necessary to the maintenance
    of a sound national economy and to the general welfare. The
    movement of wheat from producer to consumer, in the form of the
    commodity or any of the products thereof, is preponderantly in
    interstate and foreign commerce. Unreasonably low prices of wheat
    to producers impair their purchasing power for nonagriculture
    products and place them in a position of serious disparity with
    other industrial groups. The conditions affecting the production of
    wheat are such that without Federal assistance, producers cannot
    effectively prevent disastrously low prices for wheat. It is
    necessary, in order to assist wheat producers in obtaining fair
    prices, to regulate the price of wheat used for domestic food and
    for exports in the manner provided in this part.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379a, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 626.)

-MISC1-
                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.

-End-

-CITE-
    7 USC Sec. 1379b                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379b. Wheat marketing allocation; amount; national allocation
      percentage; commercial and noncommercial wheat-producing areas

-STATUTE-
      During any marketing year for which a marketing quota is in
    effect for wheat, beginning with the marketing year for the 1964
    crop, a wheat marketing allocation program shall be in effect as
    provided in this part. Whenever a wheat marketing allocation
    program is in effect for any marketing year the Secretary shall
    determine (1) the wheat marketing allocation for such year which
    shall be the amount of wheat which in determining the national
    marketing quota for such marketing year he estimated would be used
    during such year for food products for consumption in the United
    States, and that portion of the amount of wheat which in
    determining such quota he estimated would be exported in the form
    of wheat or products thereof during the marketing year on which the
    Secretary determines that marketing certificates shall be issued to
    producers in order to achieve, insofar as practicable, the price
    and income objectives of this part, and (2) the national allocation
    percentage which shall be the percentage which the national
    marketing allocation is of the national marketing quota. Each farm
    shall receive a wheat marketing allocation for such marketing year
    equal to the number of bushels obtained by multiplying the number
    of acres in the farm acreage allotment for wheat by the projected
    farm yield, and multiplying the resulting number of bushels by the
    national allocation percentage. If a noncommercial wheat-producing
    area is established for any marketing year, farms in such area
    shall be given wheat marketing allocations which are determined by
    the Secretary to be fair and reasonable in relation to the wheat
    marketing allocation given producers in the commercial wheat-
    producing area.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379b, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 626; amended
    Pub. L. 88-297, title II, Sec. 202(10), (11), Apr. 11, 1964, 78
    Stat. 179, 180; Pub. L. 89-321, title V, Secs. 502, 503, Nov. 3,
    1965, 79 Stat. 1202; Pub. L. 90-559, Sec. 1(1), Oct. 11, 1968, 82
    Stat. 996; Pub. L. 91-524, title IV, Sec. 402(a), (b)(B), (C), Nov.
    30, 1970, 84 Stat. 1362, as renumbered and amended Pub. L. 93-86,
    Sec. 1(9), Aug. 10, 1973, 87 Stat. 225.)

-MISC1-
                                AMENDMENTS                            
      1973 - Subsec. (c)(1). Pub. L. 91-524, Sec. 402(b)(B)(i)-(vi), as
    added by Pub. L. 93-86, temporarily substituted "payments
    authorized by section 1445a(c) of this title" for "certificates on
    wheat", "wheat allotment" for "domestic wheat allotment", "thirteen
    and three-tenths million" for "13.3 million", "1971 crop; plus, if
    required by the Secretary, (ii) the acreage" for "1971 crop or 15
    million acres in the case of the 1972 or 1973 crop, plus (ii) the
    acreage", "The Secretary is authorized for the 1974 through 1977
    crops to limit" for "The Secretary is authorized for the 1971,
    1972, and 1973 crops to limit", "such percentage of the acreage
    allotment" for "such percentage of the domestic wheat allotment as
    he determines necessary to provide an orderly transition to the
    program provided for under this section", "The Secretary shall
    permit producers to plant and graze on set-aside acreage sweet
    sorghum, and the Secretary may permit, subject to such terms and
    conditions as he may prescribe, all or any of the set-aside acreage
    to be devoted to hay and" for "Grazing shall not be permitted
    during any of the five principal months of the normal growing
    season as determined by the county committee established pursuant
    to section 590h(b) of Title 16 and subject to this limitation (1)
    the Secretary shall permit producers to plant and graze on the set-
    aside acreage sweet sorghum, and (2) the Secretary may permit,
    subject to such terms and conditions as he may prescribe, all or
    any of the set-aside acreage to be devoted to", and "flaxseed,
    triticale, oats, rye, or other commodity" for "flaxseed, or other
    commodity". See Effective and Termination Dates of 1973 Amendment
    note below.
      Subsec. (c)(2). Pub. L. 91-524, Sec. 402(b)(B)(i), as added by
    Pub. L. 93-86, temporarily substituted "payments authorized by
    section 1445a(c) of this title" for "certificates authorized in
    subsection (b) of this section". See Effective and Termination
    Dates of 1973 Amendment note below.
      Subsec. (c)(3). Pub. L. 91-524, Sec. 402(b)(B)(vii), as added by
    Pub. L. 93-86, temporarily inserted provisions authorizing the
    Secretary, in the case of programs for the 1974 through 1977 crops,
    to pay an appropriate share of the cost of practices designated to
    protect set-aside acreage against erosion, insects, weeds, and
    rodents and to devote such acreage to wildlife food plots or
    wildlife habitat. See Effective and Termination Dates of 1973
    Amendment note below.
      Subsec. (c)(4). Pub. L. 91-524, Sec. 402(b)(B)(i), as added by
    Pub. L. 93-86, temporarily substituted "payments authorized by
    section 1445a(c) of this title" for "marketing certificates". See
    Effective and Termination Dates of 1973 Amendment note below.
      Subsec. (d). Pub. L. 91-524, Sec. 402(b)(C), as added by Pub. L.
    93-86, temporarily struck out "certificates issued and of" before
    "payments made". See Effective and Termination Dates of 1973
    Amendment note below.
      Subsec. (e). Pub. L. 91-524, Sec. 402(b)(C), as added by Pub. L.
    93-86, temporarily struck out references to the issuance of
    certificates. See Effective and Termination Dates of 1973 Amendment
    note below.
      Subsec. (g). Pub. L. 91-524, Sec. 402(b)(C), as added by Pub. L.
    93-86, temporarily reenacted subsec. (g) without change. See
    Effective and Termination Dates of 1973 Amendment note below.
      Subsec. (i). Pub. L. 91-524, Sec. 402(b)(C), as added by Pub. L.
    93-86, temporarily reenacted subsec. (i) without change. See
    Effective and Termination Dates of 1973 Amendment note below.
      1970 - Pub. L. 91-524, Sec. 402(a), formerly Sec. 402,
    temporarily substituted provisions covering the issuance of
    domestic certificates to producers and a voluntary set-aside
    program for wheat for provisions for a wheat marketing allocation
    program for the 1964 to 1970 crops. See Effective and Termination
    Dates of 1970 Amendment note below.
      1968 - Pub. L. 90-559 temporarily provided for a one year
    extension through 1970.
      1965 - Pub. L. 89-321, Sec. 502, temporarily amended section
    generally and, among other changes, extended the wheat marketing
    allocation program from 1964 and 1965 to 1966 through 1969, put a
    minimum limitation of five hundred million bushels on the amount of
    wheat included in the marketing allocation for food products for
    consumption in the United States, and required the cost of any
    domestic marketing certificates issued to producers in excess of
    the number of certificates acquired by processors as a result of
    the application of the five hundred million bushel minimum or an
    overestimate of the amount of wheat used during such year for food
    products for consumption in the United States to be borne by the
    Commodity Credit Corporation. See Effective and Termination Dates
    of 1965 Amendment note below.
      Pub. L. 89-321, Sec. 503, substituted "projected farm yield" for
    "normal wheat for the farm as projected by the Secretary".
      1964 - Pub. L. 88-297, Sec. 202(10), temporarily struck out
    introductory phrase "During any marketing year for which a
    marketing quota is in effect for wheat", reduced the national
    allocation percentage by the expected production on the acreage
    allotments for farms which will not be in compliance with the
    requirements of the program, and struck out provisions for wheat
    marketing allocations to non-commercial wheat-producing areas
    reasonably related to such allocations to producers in commercial
    wheat-producing areas. See Effective and Termination Dates of 1964
    Amendment note below.
      Pub. L. 88-297, Sec. 202(11), substituted "food products for
    consumption in the United States" for "human consumption in the
    United States, as food, food products, and beverages, composed
    wholly or partly of wheat" in second sentence.

             EFFECTIVE AND TERMINATION DATES OF 1973 AMENDMENT         
      Section 402(b)(B) of Pub. L. 91-524, as added by section 1(9) of
    Pub. L. 93-86, provided that the amendment made by that section is
    effective with respect to 1974 through 1977 crops of wheat.
      Section 402(b)(C) of Pub. L. 91-524, as added by section 1(9) of
    Pub. L. 93-86, provided that the amendment made by that section is
    effective for 1974 through 1977 crops.

             EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT         
      Section 402(a), formerly section 402, of Pub. L. 91-524 provided
    that the amendment made by that section is effective only with
    respect to 1971, 1972, and 1973 crops of wheat.

             EFFECTIVE AND TERMINATION DATES OF 1965 AMENDMENT         
      Section 502 of Pub. L. 89-321, as amended by Pub. L. 90-559, Sec.
    1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment made
    by that section is effective only with respect to crops of wheat
    planted for harvest in calendar years 1966 through 1970, and
    marketing years for such crops.
      Section 503 of Pub. L. 89-321 provided that the amendment made by
    that section is effective beginning with 1970 crop.

             EFFECTIVE AND TERMINATION DATES OF 1964 AMENDMENT         
      Section 202(10) of Pub. L. 88-297 provided that the amendment
    made by that section is effective only with respect to crops
    planted for harvest in 1964 and 1965.
      Section 202(11) of Pub. L. 88-297 provided that the amendment
    made by that section is effective with respect to crops planted for
    harvest in calendar year 1966 and any subsequent year.

                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.
      Section inapplicable to 1986 through 1990 crops of wheat, see
    section 310(b) of Pub. L. 99-198, set out as a note under section
    1331 of this title.
      Section inapplicable to 1982 through 1985 crops of wheat, see
    section 303 of Pub. L. 97-98, set out as a note under section 1331
    of this title.
      Section inapplicable to 1978 through 1981 crops of wheat, see
    section 404 of Pub. L. 95-113, set out as a note under section 1331
    of this title.
      Section 402(b)(A) of Pub. L. 91-524, as added by section 1(9) of
    Pub. L. 93-86, provided that: "Section 379b of the Agricultural
    Adjustment Act of 1938 (which provides for a wheat marketing
    certificate program) [this section] shall not be applicable to the
    1974 through 1977 crops of wheat, except as provided in paragraphs
    (B) and (C) of this subsection [amending this section and section
    1379c of this title]."

-End-

-CITE-
    7 USC Sec. 1379c                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379c. Marketing certificates

-STATUTE-
    (a) Issuance; amount; reduction; sharing among producers; domestic
      and export certificates
      The Secretary shall provide for the issuance of wheat marketing
    certificates for each marketing year for which a wheat marketing
    allocation program is in effect for the purpose of enabling
    producers on any farm with respect to which certificates are issued
    to receive, in addition to the other proceeds from the sale of
    wheat, an amount equal to the value of such certificates. The wheat
    marketing certificates issued with respect to any farm for any
    marketing year shall be in the amount of the farm wheat marketing
    allocation for such year, but not to exceed (i) the actual acreage
    of wheat planted on the farm for harvest in the calendar year in
    which the marketing year begins multiplied by the normal yield of
    wheat for the farm, plus (ii) the amount of wheat stored under
    subsection (b) of this section or to avoid or postpone a marketing
    quota penalty, which is released from storage during the marketing
    year on account of underplanting or underproduction, and if this
    limitation operates to reduce the amount of wheat marketing
    certificates which would otherwise be issued with respect to the
    farm, such reduction shall be made first from the amount of export
    certificates which would otherwise be issued. The Secretary shall
    provide for the sharing of wheat marketing certificates among
    producers on the farm on the basis of their respective shares in
    the wheat crop produced on the farm, or the proceeds therefrom;
    except that in any case in which the Secretary determines that such
    basis would not be fair and equitable, the Secretary shall provide
    for such sharing on such other basis as he may determine to be fair
    and equitable. The Secretary shall, in accordance with such
    regulation as he may prescribe, provide for the issuance of
    domestic marketing certificates for the portion of the wheat
    marketing allocation representing wheat used for food products for
    consumption in the United States. The Secretary shall also provide
    for the issuance of export marketing certificates to eligible
    producers at the end of the marketing year on a pro rata basis. For
    such purposes, the value per bushel of export marketing
    certificates shall be an average of the total net proceeds from the
    sale of export marketing certificates during the marketing year
    after deducting the total amount of wheat export subsidies paid to
    exporters. An acreage on the farm which the Secretary finds was not
    planted to wheat for harvest in 1965 because of drought, flood, or
    other natural disaster shall be deemed by the Secretary to be an
    actual acreage of wheat planted for harvest for purposes of this
    subsection, provided such acreage is not subsequently planted to
    any other price supported crop for 1965. An acreage on the farm not
    planted to wheat because of drought, flood, or other natural
    disaster shall be deemed to be an actual acreage of wheat planted
    for harvest for purposes of this subsection provided such acreage
    is not subsequently planted to any crop for which there are
    marketing quotas or voluntary adjustment programs in effect.
    Producers on any farm who have planted not less than 90 per centum
    of the acreage of wheat required to be planted in order to earn the
    full amount of marketing certificates for which the farm is
    eligible shall be deemed to have planted the entire acreage
    required to be planted for that purpose.
    (b) Producers eligible for certificates; storage conditions
      No producer shall be eligible to receive wheat marketing
    certificates with respect to any farm for any marketing year in
    which a marketing quota penalty is assessed for any commodity on
    such farm or in which the farm has not complied with the land-use
    requirements of section 1339 of this title to the extent prescribed
    by the Secretary, or in which, except as the Secretary may by
    regulation prescribe, the producer exceeds the farm acreage
    allotment on any other farm for any commodity in which he has an
    interest as a producer. 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. 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. Any wheat delivered to the
    Secretary hereunder shall become the property of the United States
    and shall be disposed of by the Secretary for relief purposes in
    the United States or in foreign countries or in such other manner
    as he shall determine will divert it from the normal channels of
    trade and commerce. Notwithstanding any other provision of this
    chapter, the Secretary may provide that a producer shall not be
    eligible to receive marketing certificates, or may adjust the
    amount of marketing certificates to be received by the producer,
    with respect to any farm for any year in which a variety of wheat
    is planted on the farm which has been determined by the Secretary,
    after consultation with State Agricultural Experiment Stations,
    agronomists, cereal chemists and other qualified technicians, to
    have undesirable milling or baking qualities and has made public
    announcement thereof.
    (c) Face value
      The Secretary shall determine and proclaim for each marketing
    year the face value per bushel of wheat marketing certificates. The
    face value per bushel of domestic certificates shall be the amount
    by which the level of price support for wheat accompanied by
    domestic certificates exceeds the level of price support for wheat
    not accompanied by certificates (noncertificate wheat).
    (d) Statement or form of certificates and transfers
      Marketing certificates and transfers thereof shall be represented
    by such documents, marketing cards, records, accounts,
    certifications, or other statements or forms as the Secretary may
    prescribe.
    (e) Failure of producer to comply with programs; issuance of
      certificates
      In any case in which the failure of a producer to comply fully
    with the term and conditions of the programs formulated under this
    chapter preclude the issuance of marketing certificates, the
    Secretary may, nevertheless, issue such certificates in such
    amounts as he determines to be equitable in relation to the
    seriousness of the default.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379c, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 627; amended
    Pub. L. 88-297, title II, Sec. 202(12)-(14), Apr. 11, 1964, 78
    Stat. 180, 181; Pub. L. 89-112, Sec. 3, Aug. 6, 1965, 79 Stat. 447;
    Pub. L. 89-321, title V, Secs. 508, 510(a), 513(b), (c), 515, 517,
    Nov. 3, 1965, 79 Stat. 1204-1206; Pub. L. 89-451, Sec. 3, June 17,
    1966, 80 Stat. 202; Pub. L. 91-524, title IV, Sec. 402(a), (b)(D),
    Nov. 30, 1970, 84 Stat. 1364, as renumbered and amended Pub. L. 93-
    86, Sec. 1(9), Aug. 10, 1973, 87 Stat. 225.)

-MISC1-
                                AMENDMENTS                            
      1973 - Subsec. (a)(1). Pub. L. 91-524, Sec. 402(b)(D), as added
    by Pub. L. 93-86, temporarily substituted references to a farm
    acreage allotment for references to the farm domestic allotment
    wherever appearing, struck out provisions limiting the impact of
    the section to the 1972 and 1973 crops of wheat, substituted
    "estimated national average yield for the crop for which the
    determination is being made will produce the quantity (less
    imports) that he estimates will be utilized domestically and for
    export during the marketing year for such crop. If the Secretary
    determines that carryover stocks are excessive or an increase in
    stocks is needed to assure a desirable carryover, he may adjust the
    allotment by the amount he determines will accomplish the desired
    decrease or increase in carryover stocks" for "estimated national
    yield will result in marketing certificates being issued to
    producers participating in the program in an amount equal to the
    amount of wheat which he estimates will be used for food products
    for consumption in the United States during the marketing year for
    the crop (not less than 535 million bushels)" in the provisions
    covering the determination of the estimated national yield, and
    inserted "(1973 national domestic allotment in the case of
    apportionment of the 1974 national acreage allotment)" before
    "adjusted to the extent deemed necessary". See Effective and
    Termination Dates of 1973 Amendment note below.
      Subsec. (a)(2). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub.
    L. 93-86, temporarily struck out "domestic" before "acreage
    allotment" and "wheat allotment". See Effective and Termination
    Dates of 1973 Amendment note below.
      Subsec. (a)(3). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub.
    L. 93-86, temporarily struck out "domestic" before "allotment" and
    "wheat allotment" wherever appearing and struck out provisions
    establishing special requirements to be met in determining the
    allotment for the 1971 crop of wheat. See Effective and Termination
    Dates of 1973 Amendment note below.
      Subsec. (a)(4), (5). Pub. L. 91-524, Sec. 402(b)(D), as added by
    Pub. L. 93-86, temporarily struck out "domestic" before "allotment"
    wherever appearing. See Effective and Termination Dates of 1973
    Amendment note below.
      Subsec. (a)(6). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub.
    L. 93-86, temporarily reenacted par. (6) without change. See
    Effective and Termination Dates of 1973 Amendment note below.
      Subsec. (b)(1). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub.
    L. 93-86, temporarily struck out "domestic" before "allotment"
    wherever appearing and inserted ", guar, castor beans, cotton,
    triticale, oats, rye, or such other crops as the Secretary may deem
    appropriate" after "feed grains for which there is a set-aside
    program in effect". See Effective and Termination Dates of 1973
    Amendment note below.
      Subsec. (b)(2). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub.
    L. 93-86, temporarily struck out "domestic" before "allotment"
    wherever appearing and substituted "payments" for "certificates"
    and "section 1445a(c) of this title" for "this chapter". See
    Effective and Termination Dates of 1973 Amendment note below.
      1970 - Pub. L. 91-524, Sec. 402(a), formerly Sec. 402,
    temporarily substituted provisions for the apportionment of the
    farm domestic allotment for each crop of wheat among the States for
    provisions covering the marketing certificates program. See
    Effective and Termination Dates of 1970 Amendment note below.
      1966 - Subsec. (a). Pub. L. 89-451 substituted "any crop for
    which there are marketing quotas or voluntary adjustment programs
    in effect" for "any other income-producing crops during such year"
    in penultimate sentence.
      1965 - Subsec. (a). Pub. L. 89-321, Secs. 508, 513(b), authorized
    the Secretary to provide for the sharing of wheat marketing
    certificates among producers on a fair and equitable basis even
    though such basis might be other than the basis of their respective
    shares in the wheat crop produced on the farm, provided that
    acreage not planted to wheat because of drought, flood, or other
    natural disaster be deemed, with certain conditions, be planted for
    harvest for purposes of this subsection, and expanded the reference
    to the issuance of export marketing certificates by requiring their
    issuance on a pro rata basis and providing for the determination of
    such certificate's value per bushel.
      Pub. L. 89-112 provided that the Secretary shall deem acreage on
    the farm which the Secretary finds was not planted to wheat for
    harvest in 1965 because of drought, flood, or other natural
    disaster, to be an actual acreage of wheat planted for harvest when
    that acreage was not subsequently planted to any other price
    supported crop for 1965.
      Subsec. (b). Pub. L. 89-321, Secs. 510(a), 517 substituted
    "projected farm yield" for "normal yield of wheat per acre
    established for the farm", permitted delivery to the Secretary of
    the wheat produced on excess acreage as an additional means of
    disposing of excess wheat so as to allow a producer to be deemed
    not to have exceeded the farm acreage allotment for wheat for
    purposes of this section, and provided for the disposition of wheat
    delivered to the Secretary and the adjustment of certificates to a
    producer who has produced an undesirable variety of wheat following
    public announcement by the Secretary of its undesirable
    characteristics.
      Subsec. (c). Pub. L. 89-321, Sec. 513(c), struck out provisions
    that the face value per bushel of export certificates shall be the
    amount by which the level of price support for wheat accompanied by
    export certificates exceeds the level of price support for
    noncertificate wheat.
      Subsec. (e). Pub. L. 89-321, Sec. 515, added subsec. (e).
      1964 - Subsec. (a). Pub. L. 88-297, Sec. 202(12), inserted "under
    subsection (b) of this section or" after "stored" in second
    sentence, added to such sentence provision for reduction of wheat
    marketing certificates from amount of export certificates, and
    inserted provision for issuance of domestic marketing certificates
    for wheat used for domestic consumption and export marketing
    certificates for wheat used for export.
      Subsec. (b). Pub. L. 88-297, Sec. 202(13), temporarily authorized
    producers who exceeded their wheat allotments to store their excess
    wheat in accordance with regulations issued by the Secretary and be
    eligible for wheat marketing certificates, prohibited wheat stored
    under this provision from being removed from storage until a
    subsequent year when acreage allotment was underplanted or the
    production on the acreage allotment was less than normal, required
    the producer (for removal of the wheat contrary to these
    conditions) to pay an amount one and one-half times the value of
    the wheat marketing certificates issued with respect to the farm
    for the year in which the wheat on the acreage in excess of the
    allotment was produced, and made producers who exceeded their
    allotment and stored their excess wheat ineligible for diversion
    payments. See Effective and Termination Dates of 1964 Amendment
    note below.
      Subsec. (c). Pub. L. 88-297, Sec. 202(14), struck out
    introductory phrase "Whenever a wheat marketing allocation program
    is in effect for any marketing year" from first sentence,
    substituted in such sentence "each marketing year" for "such
    marketing year", inserted in such sentence "wheat" before
    "marketing certificates", substituted in second sentence "domestic
    certificates shall be the amount" for "marketing certificates shall
    be equal to the amount" and "domestic certificates" for
    "certificates" before "exceeds", and inserted to such sentence
    provision for face value per bushel of export certificates.

             EFFECTIVE AND TERMINATION DATES OF 1973 AMENDMENT         
      Section 402(b)(D) of Pub. L. 91-524, as added by section 1(9) of
    Pub. L. 93-86, provided that the amendment made by that section is
    effective only with respect to 1974 through 1977 crops of wheat.

             EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT         
      Section 402(a), formerly section 402, of Pub. L. 91-524 provided
    that the amendment made by that section is effective only with
    respect to 1971, 1972, and 1973 crops of wheat.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Section 508 of Pub. L. 89-321 provided that the amendment made by
    that section is effective beginning with crop planted for harvest
    in calendar year 1966.
      Section 510(a) of Pub. L. 89-321 provided that the amendment made
    by that section is effective beginning with 1966 crop.
      Section 515 of Pub. L. 89-321 provided that the amendment made by
    that section is effective beginning with crop planted for harvest
    in calendar year 1964.

             EFFECTIVE AND TERMINATION DATES OF 1964 AMENDMENT         
      Section 202(13) of Pub. L. 88-297, as amended by Pub. L. 89-321,
    title V, Sec. 505(2), Nov. 3, 1965, 79 Stat. 1203; Pub. L. 90-559,
    Sec. 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment
    made by that section is effective with respect to crops planted for
    harvest in calendar years 1965 through 1970.

                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.
      Section inapplicable to 1991 through 1995 crops of wheat, see
    section 303 of Pub. L. 101-624, set out as a note under section
    1331 of this title.
      Section inapplicable to 1986 through 1990 crops of wheat, see
    section 310(b) of Pub. L. 99-198, set out as a note under section
    1331 of this title.
      Section inapplicable to 1982 through 1985 crops of wheat, see
    section 303 of Pub. L. 97-98, set out as a note under section 1331
    of this title.
      Section inapplicable to 1978 through 1981 crops of wheat, see
    section 404 of Pub. L. 95-113, set out as a note under section 1331
    of this title.

         REDUCTION OF WHEAT STORED BY PRODUCERS PRIOR TO 1971 CROP     
      Section 407 of Pub. L. 91-524, as amended by section 1(14) of
    Pub. L. 93-86, provided that: "The amount of any wheat stored by a
    producer under section 379c(b) of the Agricultural Adjustment Act
    of 1938, as amended [subsection (b) of this section], prior to the
    1971 crop of wheat may be reduced by the amount by which the actual
    total production of the 1971, 1972, or 1973 crop on the farm is
    less than the number of bushels determined by multiplying three
    times the domestic allotment for such crop on the farm by the yield
    established for the farm for the purpose of issuance of domestic
    marketing certificates. The provisions of such section shall
    continue to apply to the wheat so stored to the extent not
    inconsistent therewith. Notwithstanding the foregoing, the
    Secretary may authorize release of wheat stored by a producer under
    section 379c(b) of the Agricultural Adjustment Act of 1938, as
    amended [subsec. (b) of this section], prior to the 1971 crop,
    whenever he determines such release will not significantly affect
    market prices for wheat. As a condition of release, the Secretary
    may require a refund of such portion of the value of certificates
    received in the crop year the excess wheat was produced as he deems
    appropriate considering the period of time the excess wheat has
    been in storage and the need to provide fair and equitable
    treatment among all wheat program participants."

-End-

-CITE-
    7 USC Sec. 1379d                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379d. Marketing restrictions

-STATUTE-
    (a) Transfers of certificates; purchases by Commodity Credit
      Corporation
      Marketing certificates shall be transferable only in accordance
    with regulations prescribed by the Secretary. Any unused
    certificates legally held by any person shall be purchased by
    Commodity Credit Corporation if tendered to the Corporation for
    purchase in accordance with regulations prescribed by the
    Secretary.
    (b) Processor and exporter acquisition of domestic and export
      certificates; international trade, expansion; refunds or credits
      for certificates; exemptions from requirements
      During any marketing year for which a wheat marketing allocation
    program is in effect, (i) all persons engaged in the processing of
    wheat into food products shall, prior to marketing any such food
    product or removing such food product for sale or consumption,
    acquire domestic marketing certificates equivalent to the number of
    bushels of wheat contained in such product and (ii) all persons
    exporting wheat shall, prior to such export, acquire export
    marketing certificates equivalent to the number of bushels so
    exported. The cost of the export marketing certificates per bushel
    to the exporter shall be that amount determined by the Secretary on
    a daily basis which would make United States wheat and wheat flour
    generally competitive in the world market, avoid disruption of
    world market prices, and fulfill the international obligations of
    the United States. The Secretary may exempt from the requirements
    of this subsection wheat exported for donation abroad and other
    noncommercial exports of wheat, wheat processed for use on the farm
    where grown, wheat produced by a State or agency thereof and
    processed for use by the State or agency thereof, wheat processed
    for donation, and wheat processed for uses determined by the
    Secretary to be noncommercial. Such exemptions may be made
    applicable with respect to any wheat processed or exported
    beginning July 1, 1964. There shall be exempt from the requirements
    of this subsection beverage distilled from wheat prior to July 1,
    1964. A beverage distilled from wheat after July 1, 1964, shall be
    deemed to be removed for sale or consumption at the time it is
    placed in barrels for aging except that upon the giving of a bond
    as prescribed by the Secretary, the purchase of and payment for
    such marketing certificates as may be required may be deferred
    until such beverage is bottled for sale. Wheat shipped to a
    Canadian port for storage in bond, or storage under a similar
    arrangement, and subsequent exportation, shall be deemed to have
    been exported for purposes of this subsection when it is exported
    from the Canadian port. Marketing certificates shall be valid to
    cover only sales or removals for sale or consumption or
    exportations made during the marketing year with respect to which
    they are issued, and after being once used to cover a sale or
    removal for sale or consumption or export of a food product or an
    export of wheat shall be void and shall be disposed of in
    accordance with regulations prescribed by the Secretary.
    Notwithstanding the foregoing provisions hereof, the Secretary may
    require marketing certificates issued for any marketing year to be
    acquired to cover sales, removals, or exportations made on or after
    the date during the calendar year in which wheat harvested in such
    calendar year begins to be marketed as determined by the Secretary
    even though such wheat is marketed prior to the beginning of the
    marketing year, and marketing certificates for such marketing year
    shall be valid to cover sales, removals, or exportations made on or
    after the date so determined by the Secretary. Whenever the face
    value per bushel of domestic marketing certificates for a marketing
    year is different from the face value of domestic marketing
    certificates for the preceding marketing year, the Secretary may
    require marketing certificates issued for the preceding marketing
    year to be acquired to cover all wheat processed into food products
    during such preceding marketing year even though the food product
    may be marketed or removed for sale or consumption after the end of
    the marketing year.
    (c) Undertaking to secure marketing of commodity without
      certificate
      Upon the giving of a bond or other undertaking satisfactory to
    the Secretary to secure the purchase of and payment for such
    marketing certificates as may be required, and subject to such
    regulations as he may prescribe, any person required to have
    marketing certificates in order to market or export a commodity may
    be permitted to market any such commodity without having first
    acquired marketing certificates.
    (d) "Food products" defined; exemption of flour second clears
      As used in this part, the term "food products" means flour
    (excluding flour second clears not used for human consumption as
    determined by the Secretary), semolina, farina, bulgur, beverage,
    and any other product composed wholly or partly of wheat which the
    Secretary may determine to be a food product. The Secretary may at
    his election administer the exemption for wheat processed into
    flour second clears through refunds either to processors of such
    wheat or to the users of such clears. For the purpose of such
    refunds, the wheat equivalent of flour second clears may be
    determined on the basis of conversion factors authorized by section
    1379f of this title, even though certificates had been surrendered
    on the basis of the weight of the wheat.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379d, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 628; amended
    Pub. L. 88-297, title II, Sec. 202(15)-(17), Apr. 11, 1964, 78
    Stat. 181, 182; Pub. L. 89-321, title V, Secs. 504(a)-(c), 513(a),
    Nov. 3, 1965, 79 Stat. 1202, 1203, 1205; Pub. L. 91-524, title IV,
    Sec. 403(a)(1), (2), formerly Sec. 403(1), (2), Nov. 30, 1970, 84
    Stat. 1366, as renumbered Pub. L. 93-86, Sec. 1(10), Aug. 10, 1973,
    87 Stat. 228.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (d), commences with section
    1379a of this title.

-MISC1-
                                AMENDMENTS                            
      1970 - Subsec. (b). Pub. L. 91-524, temporarily struck out
    provision limiting the section to only those marketing years for
    which a wheat marketing allocation program is in effect and
    inserted provisions authorizing the Secretary to temporarily
    suspend the requirement for export marketing certificates for the
    period beginning July 1, 1971, and ending June 30, 1974. See
    Effective and Termination Dates of 1970 Amendment note below.
      1965 - Subsec. (b). Pub. L. 89-321, Secs. 504(a), (c), 513(a),
    among other changes, amended second sentence, and also authorized
    the Secretary to exempt from the requirements of this subsection
    wheat produced by a State or agency thereof and processed for use
    by the State or agency thereof, wheat processed for donations, and
    wheat processed for uses determined by the Secretary to be
    noncommercial, permitted exemptions to be made applicable with
    respect to any wheat processed or exported beginning July 1, 1964,
    exempted from requirements of this subsection beverage distilled
    from wheat prior to July 1, 1964, required beverage distilled from
    wheat after July 1, 1964, to be deemed as being removed for sale or
    consumption at the time it is placed in barrels for aging,
    permitted upon the giving of a bond as prescribed by the Secretary,
    the purchase of and payment for such marketing certificates as may
    be required to be deferred until such beverage is bottled for sale,
    required wheat shipped to a Canadian port for storage in bond, or
    storage under a similar arrangement, and subsequent exportation, to
    be deemed as having been exported for purposes of this subsection
    when it is exported from the Canadian port, and, whenever the face
    value per bushel of domestic marketing certificates for a marketing
    year is different from the face value of domestic marketing
    certificates for the preceding marketing year, empowered the
    Secretary to require marketing certificates issued for the
    preceding marketing year to be acquired to cover all wheat
    processed into food products during such preceding marketing year
    even though the food product may be marketed or removed for sale or
    consumption after the end of the marketing year.
      Subsec. (d). Pub. L. 89-321, Sec. 504(b), excluded four second
    clears not used for human consumption from term "food products",
    authorized the Secretary at his election to administer the
    exemption for wheat processed into flour second clears through
    refunds either to processors of such wheat or to the users of such
    clears, and permitted, for the purpose of such refunds, the wheat
    equivalent of flour second clears to be determined on the basis of
    conversion factors authorized by section 1379f of this title, even
    though certificates had been surrendered on the basis of the weight
    of the wheat.
      1964 - Subsec. (a). Pub. L. 88-297, Sec. 202(15), struck out
    provisions prohibiting persons from acquiring marketing
    certificates from the producer to whom such certificates were
    issued, unless such certificates were acquired in connection with
    acquisition from such producer of a number of bushels of wheat
    equivalent to the marketing certificates and authorizing the CCC to
    purchase from producers certificates not accompanied by wheat in
    cases where the Secretary determined that it would constitute an
    undue hardship to require the producer to transfer his certificates
    only in connection with the disposition of wheat and substituted
    "by any person" for "by persons other than the producer to whom
    such certificates are issued".
      Subsec. (b). Pub. L. 88-297, Sec. 202(16), in cl. (i) substituted
    "marketing any such food product or removing such food product for
    sale or consumption" for "marketing any such product for human food
    in the United States" and inserted "domestic" before "marketing
    certificates"; in cl. (ii) struck out "or food products" after
    "wheat" and inserted "export" before "marketing certificates";
    inserted references to removals for sale or consumption in two
    other places and to removals in two places to make it clear that
    certificates were required on all wheat processed into food
    products whether sold, removed for sale, or removed for
    consumption; required the CCC to refund to the exporter such part
    of the cost of the certificate as the Secretary determined would
    make United States wheat and wheat flour generally competitive in
    the world market, avoid disruption of world market prices, and
    fulfill the international obligations of the United States; and
    authorized the Secretary to exempt from the requirement to have
    marketing certificates, wheat which was donated abroad and wheat
    processed for use on the farm where grown.
      Subsec. (d). Pub. L. 88-297, Sec. 202(17), redefined "food
    products" to mean flour, semolina, farina, bulgur, beverage, and
    any other product composed wholly or partly of wheat which the
    Secretary may determine to be a food product instead of any product
    composed wholly or partly of wheat to be used for human
    consumption, including beverage.

             EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT         
      Section 403(a) of Pub. L. 91-524 provided that the amendment made
    by that section is effective only with respect to marketing years
    beginning July 1, 1971, July 1, 1972, and July 1, 1973.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Section 504(a) of Pub. L. 89-321 provided that the amendment made
    by that section is effective November 3, 1965.
      Section 504(b) of Pub. L. 89-321 provided in part that: "This
    subsection [amending this section] shall be effective as to
    products sold, or removed for sale or consumption on or after sixty
    days following enactment of this Act [Nov. 3, 1965], unless the
    Secretary shall by regulation designate an earlier effective date
    within such sixty-day period."

                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.
      Pub. L. 101-624, title III, Sec. 302, Nov. 28, 1990, 104 Stat.
    3400, provided that: "Sections 379d through 379j of the
    Agricultural Adjustment Act of 1938 (7 U.S.C. 1379d-1379j)
    (relating to marketing certificate requirements for processors and
    exporters) shall not be applicable to wheat processors or exporters
    during the period June 1, 1991, through May 31, 1996."
      Pub. L. 99-198, title III, Sec. 309, Dec. 23, 1985, 99 Stat.
    1394, provided that: "Sections 379d, 379e, 379f, 379g, 379h, 379i,
    and 379j of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379d-
    1379j) (relating to marketing certificate requirements for
    processors and exporters) shall not be applicable to wheat
    processors or exporters during the period June 1, 1986, through May
    31, 1991."
      Pub. L. 97-98, title III, Sec. 302, Dec. 22, 1981, 95 Stat. 1227,
    provided that: "Sections 379d, 379e, 379f, 379g, 379h, 379i, and
    379j of the Agricultural Adjustment Act of 1938 [sections 1379d,
    1379e, 1379f, 1379g, 1379h, 1379i, and 1379j of this title] (which
    deal with marketing certificate requirements for processors and
    exporters) shall not be applicable to wheat processors or exporters
    during the period June 1, 1982, through May 31, 1986."
      Pub. L. 95-113, title IV, Sec. 403, Sept. 29, 1977, 91 Stat. 926,
    provided that: "Sections 379d, 379e, 379f, 379g, 379h, 379i, and
    379j of the Agricultural Adjustment Act of 1938 [sections 1379d,
    1379e, 1379f, 1379g, 1379h, 1379i, and 1379j of this title] (which
    deal with marketing certificate requirements for processors and
    exporters) shall not be applicable to wheat processors or exporters
    during the period July 1, 1973, through May 31, 1982."
      Section 403(b) of Pub. L. 91-524, as added by section 1(10) of
    Pub. L. 93-86, Aug. 10, 1973, 87 Stat. 228, provided in part that:
    "Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the
    Agricultural Adjustment Act of 1938 [sections 1379d, 1379e, 1379f,
    1379g, 1379h, 1379i and 1379j of this title] (which deal with
    marketing certificate requirements for processors and exporters)
    shall not be applicable to wheat processed or exported during the
    period July 1, 1973 through June 30, 1978."

-End-

-CITE-
    7 USC Sec. 1379e                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379e. Assistance in purchase and sale of marketing
      certificates; regulations; administrative expenses; interest

-STATUTE-
      For the purpose of facilitating the purchase and sale of
    marketing certificates, the Commodity Credit Corporation is
    authorized to issue, buy, and sell marketing certificates in
    accordance with regulations prescribed by the Secretary. Such
    regulations may authorize the Corporation to issue and sell
    certificates in excess of the quantity of certificates which it
    purchases. Such regulations may authorize the Corporation in the
    sale of marketing certificates to charge, in addition to the face
    value thereof, an amount determined by the Secretary to be
    appropriate to cover estimated administrative costs in connection
    with the purchase and sale of the certificates and estimated
    interest incurred on funds of the Corporation invested in
    certificates purchased by it.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379e, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 628; amended
    Pub. L. 89-321, title V, Sec. 516, Nov. 3, 1965, 79 Stat. 1206;
    Pub. L. 90-559, Sec. 1(6), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-
    524, title IV, Sec. 403(a)(3), Nov. 30, 1970, 84 Stat. 1366.)

-COD-
                               CODIFICATION                           
      The sentence added by Pub. L. 89-321, as amended by Pub. L. 90-
    559, which directed the Commodity Credit Corporation to sell
    marketing certificates for the marketing years for the 1966 through
    1970 wheat crops to persons processing food products at the face
    value thereof less any amount by which price support for wheat
    accompanied by domestic certificates exceeded $2 per bushel, was
    omitted as executed.

-MISC1-
                                AMENDMENTS                            
      1970 - Pub. L. 91-524, temporarily directed the Commodity Credit
    Corporation to sell marketing certificates for the marketing years
    for the 1971, 1972, and 1973 crops of wheat to persons engaged in
    the processing of food products but directed that, in determining
    the cost to processors of food products, the face value be 75 cents
    per bushel. See Effective and Termination Dates of 1970 Amendment
    note below.
      1968 - Pub. L. 90-559 provided for a one year extension of period
    for sale of marketing certificates, substituting "1966 through the
    1970" for "1966 through the 1969" wheat crops.
      1965 - Pub. L. 89-321 required the Commodity Credit Corporation
    to sell marketing certificates for the marketing years for the 1966
    through the 1969 wheat crops to persons engaged in the processing
    of food products at the face value thereof less any amount by which
    price support for wheat accompanied by domestic certificates
    exceeds $2 per bushel.

             EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT         
      Section 403(a) of Pub. L. 91-524 provided that the amendment made
    by that section is effective only with respect to marketing years
    beginning July 1, 1971, July 1, 1972, and July 1, 1973.

                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1991, through May 31, 1996, see section 302 of Pub.
    L. 101-624, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1986, through May 31, 1991, see section 309 of Pub.
    L. 99-198, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1982, through May 31, 1986, see section 302 of Pub.
    L. 97-98, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period July 1, 1973, through May 31, 1982, see section 403 of Pub.
    L. 95-113, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processed or exported during period
    July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L.
    91-524, as added by section 1(10) of Pub. L. 93-86, set out as a
    note under section 1379d of this title.

-End-

-CITE-
    7 USC Sec. 1379f                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379f. Conversion factors

-STATUTE-
      The Secretary shall establish conversion factors which shall be
    used to determine the amount of wheat contained in any food
    product. The conversion factor for any such food product shall be
    determined upon the basis of the weight of wheat used in the
    manufacture of such product.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379f, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 629.)

-MISC1-
                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1991, through May 31, 1996, see section 302 of Pub.
    L. 101-624, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1986, through May 31, 1991, see section 309 of Pub.
    L. 99-198, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1982, through May 31, 1986, see section 302 of Pub.
    L. 97-98, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period July 1, 1973, through May 31, 1982, see section 403 of Pub.
    L. 95-113, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processed or exported during period
    July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L.
    91-524, as added by section 1(10) of Pub. L. 93-86, set out as a
    note under section 1379d of this title.

-End-

-CITE-
    7 USC Sec. 1379g                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379g. Authority to facilitate transition

-STATUTE-
      (a) The Secretary is authorized to take such action as he
    determines to be necessary to facilitate the transition from the
    program currently in effect to the program provided for in this
    part. Notwithstanding any other provision of this part, such
    authority shall include, but shall not be limited to, the authority
    to exempt all or a portion of the wheat or food products made
    therefrom in the channels of trade on the effective date of the
    program under this part from the marketing restrictions in
    subsection (b) of section 1379d of this title, or to sell
    certificates to persons owning such wheat or food products at such
    prices as the Secretary may determine. Any such certificate shall
    be issued by Commodity Credit Corporation.
      (b) Whenever the face value per bushel of domestic marketing
    certificates for a marketing year is substantially different from
    the face value of domestic marketing certificates for the preceding
    marketing year, the Secretary is authorized to take such action as
    he determines necessary to facilitate the transition between
    marketing years. Notwithstanding any other provision of this part,
    such authority shall include, but shall not be limited to, the
    authority to sell certificates to persons engaged in the processing
    of wheat into food products covering such quantities of wheat, at
    such prices, and under such terms and conditions as the Secretary
    may by regulation provide. Any such certificate shall be issued by
    Commodity Credit Corporation.
      (c) The Secretary is authorized to take such action as he
    determines to be necessary to facilitate the transition from the
    certificate program provided for under section 1379d of this title
    to a program under which no certificates are required.
    Notwithstanding any other provision of law, such authority shall
    include, but shall not be limited to the authority to exempt all or
    a portion of wheat or food products made therefrom in the channels
    of trade on July 1, 1973, from the marketing restrictions in
    subsection (b) of section 1379d of this title, or to sell
    certificates to persons owning such wheat or food products made
    therefrom at such price and under such terms and conditions as the
    Secretary may determine. Any such certificate shall be issued by
    the Commodity Credit Corporation. Nothing herein shall authorize
    the Secretary to require certificates on wheat processed after June
    30, 1973.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379g, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 629; amended
    Pub. L. 89-321, title V, Sec. 504(d), Nov. 3, 1965, 79 Stat. 1203;
    Pub. L. 91-524, title IV, Sec. 403(b), Nov. 30, 1970, as added Pub.
    L. 93-86, Sec. 1(10), Aug. 10, 1973, 87 Stat. 228.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsecs. (a) and (b), commences with
    section 1379a of this title.

-MISC1-
                                AMENDMENTS                            
      1973 - Subsec. (c). Pub. L. 91-524, Sec. 403(b), as added by Pub.
    L. 93-86, added subsec. (c).
      1965 - Pub. L. 89-321 designated existing provisions as subsec.
    (a) and added subsec. (b).

                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1991, through May 31, 1996, see section 302 of Pub.
    L. 101-624, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1986, through May 31, 1991, see section 309 of Pub.
    L. 99-198, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1982, through May 31, 1986, see section 302 of Pub.
    L. 97-98, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period July 1, 1973, through May 31, 1982, see section 403 of Pub.
    L. 95-113, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processed or exported during period
    July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L.
    91-524, as added by section 1(10) of Pub. L. 93-86, set out as a
    note under section 1379d of this title.

-End-

-CITE-
    7 USC Sec. 1379h                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379h. Applicability of provisions to designated persons;
      reports and records; examinations by the Secretary

-STATUTE-
      This section shall apply to processors of wheat, warehousemen and
    exporters of wheat and food products, and all persons purchasing,
    selling, or otherwise dealing in wheat marketing certificates. Any
    such person shall, from time to time on request of the Secretary,
    report to the Secretary such information and keep such records as
    the Secretary finds to be necessary to enable him to carry out the
    provisions of this part. Such information shall be reported and
    such records shall be kept in such manner as the Secretary shall
    prescribe. For the purpose of ascertaining the correctness of any
    report made or record kept, or of obtaining information required to
    be furnished in any report, but not so furnished, the Secretary is
    authorized to examine such books, papers, records, accounts,
    correspondence, contracts, documents, and memorandums as he has
    reason to believe are relevant and are within the control of such
    person.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379h, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 629.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, commences with section 1379a of
    this title.

-MISC1-
                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1991, through May 31, 1996, see section 302 of Pub.
    L. 101-624, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1986, through May 31, 1991, see section 309 of Pub.
    L. 99-198, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1982, through May 31, 1986, see section 302 of Pub.
    L. 97-98, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period July 1, 1973, through May 31, 1982, see section 403 of Pub.
    L. 95-113, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processed or exported during period
    July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L.
    91-524, as added by section 1(10) of Pub. L. 93-86, set out as a
    note under section 1379d of this title.

-End-

-CITE-
    7 USC Sec. 1379i                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379i. Penalties

-STATUTE-
    (a) Forfeitures; amount; civil action
      Any person who knowingly violates or attempts to violate or who
    knowingly participates or aids in the violation of any of the
    provisions of subsection (b) of section 1379d of this title shall
    forfeit to the United States a sum equal to two times the face
    value of the marketing certificates involved in such violation.
    Such forfeiture shall be recoverable in a civil action brought in
    the name of the United States.
    (b) Misdemeanors; punishment
      Any person, except a producer in his capacity as a producer, who
    knowingly violates or attempts to violate or who knowingly
    participates or aids in the violation of any provision of this
    part, or of any regulation, governing the acquisition, disposition,
    or handling of marketing certificates or who knowingly fails to
    make any report or keep any record as required by section 1379h of
    this title shall be deemed guilty of a misdemeanor and upon
    conviction thereof shall be subject to a fine of not more than
    $5,000 for each violation.
    (c) Forfeiture of right to receive certificates; payment of face
      value
      Any person who, in his capacity as a producer, knowingly violates
    or attempts to violate or participates or aids in the violation of
    any provision of this part, or of any regulation, governing the
    acquisition, disposition, or handling of marketing certificates or
    fails to make any report or keep any record as required by section
    1379h of this title shall, (i) forfeit any right to received
    marketing certificates, in whole or in part as the Secretary may
    determine, with respect to the farm or farms and for the marketing
    year with respect to which any such act or default is committed, or
    (ii), if such marketing certificates have already been issued, pay
    to the Secretary, upon demand, the amount of the face value of such
    certificates, or such part thereof as the Secretary may determine.
    Such determination by the Secretary with respect to the amount of
    such marketing certificates to be forfeited or the amount to be
    paid by such producer shall take into consideration the
    circumstances relating to the act or default committed and the
    seriousness of such act or default.
    (d) Felonies; punishment
      Any person who falsely makes, issues, alters, forges, or
    counterfeits any marketing certificate, or with fraudulent intent
    possesses, transfers, or uses any such falsely made, issued,
    altered, forged, or counterfeited marketing certificate, shall be
    deemed guilty of a felony and upon conviction thereof shall be
    subject to a fine of not more than $10,000 or imprisonment of not
    more than ten years, or both.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379i, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 629; amended
    Pub. L. 89-321, title V, Sec. 510(b), Nov. 3, 1965, 79 Stat. 1205.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsecs. (b) and (c), commences with
    section 1379a of this title.

-MISC1-
                                AMENDMENTS                            
      1965 - Subsecs. (a), (b). Pub. L. 89-321 inserted "knowingly"
    after "who" wherever appearing.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Section 510(b) of Pub. L. 89-321 provided that the amendments
    made by that section are effective as of the effective date of the
    original enactment of this section [section 1379i of this title].

                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1991, through May 31, 1996, see section 302 of Pub.
    L. 101-624, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1986, through May 31, 1991, see section 309 of Pub.
    L. 99-198, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1982, through May 31, 1986, see section 302 of Pub.
    L. 97-98, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period July 1, 1973, through May 31, 1982, see section 403 of Pub.
    L. 95-113, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processed or exported during period
    July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L.
    91-524, as added by section 1(10) of Pub. L. 93-86, set out as a
    note under section 1379d of this title.

-End-

-CITE-
    7 USC Sec. 1379j                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part D - Wheat Marketing Allocation

-HEAD-
    Sec. 1379j. Regulations

-STATUTE-
      The Secretary shall prescribe such regulations as may be
    necessary to carry out the provisions of this part including but
    not limited to regulations governing the acquisition, disposition,
    or handling of marketing certificates.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 379j, as added Pub. L. 87-
    703, title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 630.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, commences with section 1379a of
    this title.

-MISC1-
                        INAPPLICABILITY OF SECTION                    
      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(a)(3) of this title.
      Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1991, through May 31, 1996, see section 302 of Pub.
    L. 101-624, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1986, through May 31, 1991, see section 309 of Pub.
    L. 99-198, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period June 1, 1982, through May 31, 1986, see section 302 of Pub.
    L. 97-98, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processors or exporters during
    period July 1, 1973, through May 31, 1982, see section 403 of Pub.
    L. 95-113, set out as a note under section 1379d of this title.
      Section inapplicable to wheat processed or exported during period
    July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L.
    91-524, as added by section 1(10) of Pub. L. 93-86, set out as a
    note under section 1379d of this title.

-End-

-CITE-
    7 USC Part E - Rice Certificates                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part E - Rice Certificates

-HEAD-
                        PART E - RICE CERTIFICATES                    

-MISC1-
                                AMENDMENTS                            
      1962 - Pub. L. 87-703, title III, Sec. 324(1), Sept. 27, 1962, 76
    Stat. 626, redesignated D as E.

-End-

-CITE-
    7 USC Secs. 1380a to 1380p                                  01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part E - Rice Certificates

-HEAD-
    Secs. 1380a to 1380p. Omitted

-COD-
                               CODIFICATION                           
      Sections 1380a to 1380p of this title were effective only with
    respect to 1957 and 1958 rice crops.
      Section 1380a, act Feb. 16, 1938, ch. 30, title III, Sec. 380a,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 208,
    provided legislative findings for this part.
      Section 1380b, act Feb. 16, 1938, ch. 30, title III, Sec. 380b,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 208,
    related to effective date and termination of program.
      Section 1380c, act Feb. 16, 1938, ch. 30, title III, Sec. 380c,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 208,
    related to determination of primary market quota for rice.
      Section 1380d, act Feb. 16, 1938, ch. 30, title III, Sec. 380d,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 209,
    related to apportionment of the primary market quota by the
    Secretary among the States and among farms.
      Section 1380e, act Feb. 16, 1938, ch. 30, title III, Sec. 380e,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 209,
    provided that a farm operator to which a primary market quota
    applied could have such quota reviewed.
      Section 1380f, act Feb. 16, 1938, ch. 30, title III, Sec. 380f,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 209,
    related to price supports made available to cooperators on crops of
    rice.
      Section 1380g, act Feb. 16, 1938, ch. 30, title III, Sec. 380g,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 209,
    related to certificates issued to cooperators.
      Section 1380h, act Feb. 16, 1938, ch. 30, title III, Sec. 380h,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 210,
    related to inventory adjustment payments to persons owning rough
    rice located in continental United States, for purpose of
    facilitating transition from price support program formerly in
    effect.
      Section 1380i, act Feb. 16, 1938, ch. 30, title III, Sec. 380i,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 210,
    related to set-aside of certain rough and processed rice.
      Section 1380j, act Feb. 16, 1938, ch. 30, title III, Sec. 380j,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 210,
    related to exemptions from provisions of this part.
      Section 1380k, act Feb. 16, 1938, ch. 30, title III, Sec. 380k,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 210,
    related to rice processing restrictions.
      Section 1380l, act Feb. 16, 1938, ch. 30, title III, Sec. 380l,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 211,
    related to rice import restrictions.
      Section 1380m, act Feb. 16, 1938, ch. 30, title III, Sec. 380m,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 211,
    directed the Secretary to prescribe regulations governing the
    issuance, redemption, acquisition, use, transfer, and disposition
    of certificates.
      Section 1380n, act Feb. 16, 1938, ch. 30, title III, Sec. 380n,
    as added May 28, 1956, ch 327, title V, Sec. 501(3), 70 Stat. 211,
    related to penalties for violations of import and processing
    restrictions of this part or regulations prescribed by the
    Secretary for enforcing such provisions.
      Section 1380o, act Feb. 16, 1938, ch. 30, title III, Sec. 380o,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 211,
    related to reports and records.
      Section 1380p, act Feb. 16, 1938, ch. 30, title III, Sec. 380p,
    as added May 28, 1956, ch. 327, title V, Sec. 501(3), 70 Stat. 211,
    defined "cooperator", "processing of rough rice", "processed rice",
    "United States", "exporter", "rough rice equivalent", and "import",
    for purposes of this part.

-End-

-CITE-
    7 USC Part F - Miscellaneous Provisions and Appropriations   01/03/2007 

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations

-HEAD-
           PART F - MISCELLANEOUS PROVISIONS AND APPROPRIATIONS       

-MISC1-
                                AMENDMENTS                            
      1962 - Pub. L. 87-703, title III, Sec. 324(1), Sept. 27, 1962, 76
    Stat. 626, redesignated part E as F.
      1956 - Act May 28, 1956, ch. 327, title V, Sec. 501(2), 70 Stat.
    208, redesignated as part E.

-End-

-CITE-
    7 USC subpart i - miscellaneous                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
                         SUBPART I - MISCELLANEOUS                     

-End-

-CITE-
    7 USC Secs. 1381 to 1382                                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Secs. 1381 to 1382. Omitted

-COD-
                               CODIFICATION                           
      Section 1381, acts Feb. 16, 1938, ch. 30, title III, Sec. 381, 52
    Stat. 66; Apr. 7, 1938, ch. 107, Sec. 12, 52 Stat. 204, related to
    cotton price adjustment payments with respect to 1937 cotton crop,
    and to transfer of pledged cotton of 1937 crop to Commodity Credit
    Corporation. Subsec. (c) of section 1381, which authorized sale of
    pledged cotton by Commodity Credit Corporation, was repealed by act
    July 3, 1948, ch. 827, title II, Sec. 202(b), 62 Stat. 1255.
      Section 1381a, act June 16, 1938, ch. 464, title I, 52 Stat. 745,
    which was not a part of the Agricultural Adjustment Act of 1938,
    related only to payments for 1937 crops.
      Section 1382, act Feb. 16, 1938, ch. 30, title III, Sec. 382, 52
    Stat. 67, required the Commodity Credit Corporation to provide for
    the extension, from July 31, 1938, to July 31, 1939, of 1937 cotton
    loan.

-End-

-CITE-
    7 USC Sec. 1383                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Sec. 1383. Insurance of cotton; reconcentration

-STATUTE-
      (a) The Commodity Credit Corporation shall place all insurance of
    every nature taken out by it on cotton, and all renewals,
    extensions, or continuations of existing insurance, with insurance
    agents who are bonafide residents of and doing business in the
    State where the cotton is warehoused: Provided, That such insurance
    may be secured at a cost not greater than similar insurance offered
    on said cotton elsewhere.
      (b) Cotton held as security for any loan heretofore or hereafter
    made or arranged for by the Commodity Credit Corporation shall not
    hereafter be reconcentrated without the written consent of the
    producer or borrower.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 383, 52 Stat. 67.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Administration of program of Commodity Credit Corporation
    transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
    Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out
    in the Appendix to Title 5, Government Organization and Employees.

                   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, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67
    Stat. 633, set out as a note under section 2201 of this title.

-End-

-CITE-
    7 USC Sec. 1383a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Sec. 1383a. Written consent for reconcentration of cotton

-STATUTE-
      In the administration of section 1383(b) of this title the
    written consent of the producer or borrower to the reconcentration
    of any cotton held as security for any loan heretofore or hereafter
    made or arranged for by the Commodity Credit Corporation shall not
    be deemed to have been given unless such consent shall have been
    given in an instrument made solely for that purpose.
    Notwithstanding any provision of any loan agreement heretofore
    made, no cotton held under any such agreement as security for any
    such loan shall be moved from one warehouse to another unless the
    written consent of the producer or borrower shall have been
    obtained in a separate instrument given solely for that purpose, as
    required by this section. The giving of written consent for the
    reconcentration of cotton shall not be made a condition upon the
    making of any loan hereafter made or arranged for by the Commodity
    Credit Corporation: Provided, however, That in cases where there is
    congestion and lack of storage facilities, and the local warehouse
    certifies such fact and requests the Commodity Credit Corporation
    to move the cotton for reconcentration to some other point, or when
    the Commodity Credit Corporation determines such loan cotton is
    improperly warehoused and subject to damage, or if uninsured, or if
    any of the terms of the loan agreement are violated, or if carrying
    charges are substantially in excess of the average of carrying
    charges available elsewhere, and the local warehouse, after notice,
    declines to reduce such charges, such written consent as provided
    in this section need not be obtained; and consent to movement under
    any of the conditions of this proviso may be required in future
    loan agreements.

-SOURCE-
    (June 16, 1938, ch. 480, 52 Stat. 762.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Agricultural Adjustment
    Act of 1938 which comprises this chapter.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Administration of program of Commodity Credit Corporation
    transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
    Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out
    in the Appendix to Title 5, Government Organization and Employees.

                   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, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67
    Stat. 633, set out as a note under section 2201 of this title.

-End-

-CITE-
    7 USC Sec. 1384                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Sec. 1384. Repealed.

-MISC1-
    Sec. 1384. Repealed. Aug. 7, 1946, ch. 770, Sec. 1(3), 60 Stat. 866.
      Section, act Feb. 16, 1938, ch. 30, title III, Sec. 384, 52 Stat.
    68, related to reports to Congress by the Secretary of Agriculture.

-End-

-CITE-
    7 USC Sec. 1385                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Sec. 1385. Finality of payments and loans; substitution of
      beneficiaries

-STATUTE-
      The facts constituting the basis for any chapter 3B of title 16
    payment, any payment under the wheat, feed grain, upland cotton,
    extra long staple cotton, and rice programs authorized by chapter
    35A of this title and this chapter, any loan, or price support
    operation, or the amount thereof, when officially determined in
    conformity with the applicable regulations prescribed by the
    Secretary or by the Commodity Credit Corporation, shall be final
    and conclusive and shall not be reviewable by any other officer or
    agency of the Government. In case any person who is entitled to any
    such payment dies, becomes incompetent, or disappears before
    receiving such payment, or is succeeded by another who renders or
    completes the required performance, the payment shall, without
    regard to any other provisions of law, be made as the Secretary of
    Agriculture may determine to be fair and reasonable in all the
    circumstances and provide by regulations. This section also shall
    be applicable to payments provided for under section 1348 of this
    title.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 385, 52 Stat. 68; July 2,
    1940, ch. 521, Sec. 7, 54 Stat. 728; July 3, 1948, ch. 827, title
    II, Sec. 207(e), 62 Stat. 1257; Pub. L. 87-703, title III, Sec.
    322, Sept. 27, 1962, 76 Stat. 626; Pub. L. 88-297, title I, Sec.
    102, Apr. 11, 1964, 78 Stat. 174; Pub. L. 91-524, title IV, Sec.
    404(5), title VI, Sec. 605(3), Nov. 30, 1970, 84 Stat. 1366, 1378;
    Pub. L. 94-214, title III, Sec. 302, Feb. 16, 1976, 90 Stat. 187;
    Pub. L. 95-113, title IV, Sec. 405, Sept. 29, 1977, 91 Stat. 927;
    Pub. L. 97-98, title XI, Sec. 1102, Dec. 22, 1981, 95 Stat. 1263;
    Pub. L. 99-198, title X, Sec. 1017(a), Dec. 23, 1985, 99 Stat.
    1459.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter 3B [Sec. 590a et seq.] of title 16, referred to in text,
    was in the original a reference to the Soil Conservation Act,
    probably meaning the Soil Conservation and Domestic Allotment Act.
      Chapter 35A [Sec. 1421 et seq.] of this title, referred to in
    text, was in the original a reference to the Agricultural Act of
    1949.

-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-198 inserted "extra long staple cotton," after
    "upland cotton," in first sentence.
      1981 - Pub. L. 97-98 amended first sentence generally.
      1977 - Pub. L. 95-113 temporarily amended first sentence
    generally. See Effective and Termination Dates of 1977 Amendment
    note below.
      1976 - Pub. L. 94-214 temporarily inserted reference to payments
    under the rice program authorized by section 1441(g) of this title.
    See Effective and Termination Dates of 1976 Amendment note below.
      1970 - Pub. L. 91-524 temporarily inserted references to payments
    under the cotton set-aside program and to payments (including
    certificates) under the wheat and feed grain set-aside programs.
    See Effective and Termination Dates of 1970 Amendment note below.
      1964 - Pub. L. 88-297 provided for application of this section to
    payments in kind to equalize cost of cotton to domestic and foreign
    users.
      1962 - Pub. L. 87-703 inserted "payment under section 1339 of
    this title," after "parity payment,".
      1948 - Act July 3, 1948, substituted "loan, or price support
    operation" for "or loan".
      1940 - Act July 2, 1940, inserted last sentence.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
    1801 of Pub. L. 97-98, set out as an Effective Date note under
    section 4301 of this title.

             EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT         
      Section 405 of Pub. L. 95-113 provided that the amendment made by
    that section is effective only for 1978 through 1981 crops.

             EFFECTIVE AND TERMINATION DATES OF 1976 AMENDMENT         
      Section 302 of Pub. L. 94-214 provided that the amendment made by
    that section is effective only with respect to 1976 and 1977 crops
    of rice.

             EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT         
      Sections 404 and 605 of Pub. L. 91-524, as amended by Pub. L. 93-
    86, Sec. 1(11), (22), Aug. 10, 1973, 87 Stat. 229, 235, provided
    that the amendments made by those sections are effective only with
    respect to 1971 through 1977 crops.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-703 effective only with respect to
    programs applicable to crops planted for harvest in calendar year
    1964 or any subsequent year and marketing years beginning in
    calendar year 1964, or any subsequent year, see section 323 of Pub.
    L. 87-703, set out as a note under section 1301 of this title.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act July 3, 1948, effective Jan. 1, 1950, see
    section 303 of act July 3, 1948, set out as a note under section
    1301 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Administration of program of Commodity Credit Corporation
    transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
    Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out
    in the Appendix to Title 5, Government Organization and Employees.

                   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, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67
    Stat. 633, set out as a note under section 2201 of this title.

-MISC2-
    DETERMINATION OF RATE OF LOANS, PAYMENTS, AND PURCHASES UNDER PRICE
      SUPPORT PROGRAM FOR 1986 THROUGH 1990 CROPS; NOTICE AND PUBLIC
                 PARTICIPATION IN RULEMAKING NOT REQUIRED
      Section 1017(b) of Pub. L. 99-198, as amended by Pub. L. 101-624,
    title XI, Sec. 1144, Nov. 28, 1990, 104 Stat. 3516, provided that:
    "The Secretary of Agriculture shall determine the rate of loans,
    payments, and purchases under a program established under the
    Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for any of the
    1991 through 1995 crops of a commodity without regard to the
    requirements for notice and public participation in rulemaking
    prescribed in section 553 of title 5, United States Code, or in any
    directive of the Secretary."

-End-

-CITE-
    7 USC Sec. 1386                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Sec. 1386. Exemption from laws prohibiting interest of Members of
      Congress in contracts

-STATUTE-
      The provisions of section 22 of title 41 and sections 431 and 432
    of title 18 shall not be applicable to loans or payments made under
    this chapter (except under section 1383(a) of this title).

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 386, 52 Stat. 68.)

-COD-
                               CODIFICATION                           
      "Sections 431 and 432 of title 18" substituted in text for
    "sections 114 and 115 of the Criminal Code of the United States
    (U.S.C., 1934 edition, title 18, secs. 204 and 205)" on authority
    of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of
    which enacted Title 18, Crimes and Criminal Procedure.

-MISC1-
                           WOOL SUPPORT PROGRAM                       
      Wool support program, application of this section to, see note
    set out under section 713a-8 of Title 15, Commerce and Trade.

-End-

-CITE-
    7 USC Sec. 1387                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Sec. 1387. Photographic reproductions and maps

-STATUTE-
      The Secretary may furnish reproductions of information such as
    geo-referenced data from all sources, aerial or other photographs,
    mosaics, and maps as have been obtained in connection with the
    authorized work of the Department to farmers and governmental
    agencies at the estimated cost of furnishing such reproductions,
    and to persons other than farmers at such prices as the Secretary
    may determine (but not less than the estimated costs of data
    processing, updating, revising, reformatting, repackaging and
    furnishing the reproductions and information), the money received
    from such sales to be deposited in the Treasury to the credit of
    the appropriation charged with the cost of making such
    reproductions. This section shall not affect the power of the
    Secretary to make other disposition of such or similar materials
    under any other provisions of existing law.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 387, 52 Stat. 68; Pub. L.
    106-113, div. B, Sec. 1000(a)(3) [title IV, Sec. 407], Nov. 29,
    1999, 113 Stat. 1535, 1501A-214.)

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-113 substituted "information such as geo-
    referenced data from all sources, aerial" for "such aerial",
    struck out "(not less than estimated cost of furnishing such
    reproductions)" after "such prices", and inserted "(but not less
    than the estimated costs of data processing, updating, revising,
    reformatting, repackaging and furnishing the reproductions and
    information)" after "determine".

                           WOOL SUPPORT PROGRAM                       
      Wool support program, application of this section to, see note
    set out under section 713a-8 of Title 15, Commerce and Trade.

-End-

-CITE-
    7 USC Sec. 1388                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Sec. 1388. Utilization of local agencies

-STATUTE-
    (a) Designation of local agencies and local administrative areas
      The provisions of sections 590h(b) and 590k of title 16, relating
    to the utilization of State, county, local committees, the
    extension service, and other approved agencies, and to recognition
    and encouragement of cooperative associations, shall apply in the
    administration of this chapter; and the Secretary shall, for such
    purposes, utilize the same local, county, and State committees as
    are utilized under sections 590g, 590h, 590i, and 590j to 590q of
    title 16. The local administrative areas designated under section
    590h(b) of title 16, for the administration of programs under
    chapter 3B of title 16, and the local administrative areas
    designated for the administration of this chapter shall be the
    same.
    (b) Payments to county committees for administrative expenses
      (1) The Secretary is authorized and directed, from any funds made
    available for the purposes of this chapter and chapter 3B of title
    16 in connection with which county committees are utilized, to make
    payments to county committees of farmers to cover the estimated
    administrative expenses incurred or to be incurred by them in
    cooperating in carrying out the provisions of this chapter and
    chapter 3B of title 16. All or part of such estimated
    administrative expenses of any such committee may be deducted pro
    rata from chapter 3B of title 16 payments, parity payments, or
    loans, or other payments under this chapter and chapter 3B of title
    16, made unless payment of such expenses is otherwise provided by
    law. The Secretary may make such payments to such committees in
    advance of determination of performance by farmers.
      (2)(A) The Secretary shall provide compensation to members of
    such county committees (at not less than the level in effect on
    December 31, 1985 for county committees) for work actually
    performed by such persons in cooperating in carrying out this
    chapter and chapter 3B of title 16 in connection with which such
    committees are used.
      (B) The rate of compensation received by such persons for such
    work on December 23, 1985, shall be increased at the discretion of
    the Secretary.
    (c) Travel expenses
      (1) The Secretary shall make payments to members of local,
    county, and State committees to cover expenses for travel incurred
    by such persons (including, in the case of a member of a local or
    county committee, travel between the home of such member and the
    local county office of the Agricultural Stabilization and
    Conservation Service) in cooperating in carrying out this chapter
    and chapter 3B of title 16 in connection with which such Committees
    (!1) are used.

      (2) Such travel expenses shall be paid in the manner authorized
    under section 5703 of title 5 for the payment of expenses and
    allowances for individuals employed intermittently in the Federal
    Government service.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 388, 52 Stat. 68; Pub. L.
    99-198, title XVII, Sec. 1713(a), (b), Dec. 23, 1985, 99 Stat.
    1636, 1637.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter 3B [Sec. 590a et seq.] of title 16, referred to in text,
    was in the original a reference to the Soil Conservation and
    Domestic Allotment Act, as amended.

-MISC1-
                                AMENDMENTS                            
      1985 - Subsecs. (b), (c). Pub. L. 99-198 designated existing
    provisions of subsec. (b) as par. (1), added par. (2), and added
    subsec. (c).

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Section 1713(c) of Pub. L. 99-198 provided that: "The amendments
    made by this section [amending this section] shall become effective
    on January 1, 1986."

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

-End-

-CITE-
    7 USC Sec. 1389                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Sec. 1389. Personnel

-STATUTE-
      The Secretary is authorized and directed to provide for the
    execution by the Agricultural Adjustment Administration of such of
    the powers conferred upon him by this chapter as he deems may be
    appropriately exercised by such Administration; and for such
    purposes the provisions of law applicable to appointment and
    compensation of persons employed by the Agricultural Adjustment
    Administration shall apply.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 389, 52 Stat. 69.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of all officers, agencies, and employees of Department
    of Agriculture transferred, with certain exceptions, to Secretary
    of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,
    1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section
    2201 of this title.
      Functions of Agricultural Adjustment Administration transferred
    to Secretary of Agriculture by 1946 Reorg. Plan No. 3, Sec. 501,
    eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the
    Appendix to Title 5, Government Organization and Employees. See
    note set out under section 610 of this title.
      Agricultural Adjustment Administration consolidated with other
    agencies into Agricultural Conservation and Adjustment
    Administration for duration of war, see Ex. Ord. No. 9069.

-End-

-CITE-
    7 USC Sec. 1390                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart i - miscellaneous

-HEAD-
    Sec. 1390. Separability

-STATUTE-
      If any provision of this chapter, or the application thereof to
    any person or circumstance, is held invalid, the validity of the
    remainder of the chapter and the application of such provision to
    other persons or circumstances, and the provisions of chapter 3B of
    title 16, shall not be affected thereby. Without limiting the
    generality of the foregoing, if any provision of this chapter
    should be held not to be within the power of the Congress to
    regulate interstate and foreign commerce, such provision shall not
    be held invalid if it is within the power of the Congress to
    provide for the general welfare or any other power of the Congress.
    If any provision of this chapter for marketing quotas with respect
    to any commodity should be held invalid, no provision of this
    chapter for marketing quotas with respect to any other commodity
    shall be affected thereby. If the application of any provision for
    a referendum should be held invalid, the application of other
    provisions shall not be affected thereby. If by reason of any
    provision for a referendum the application of any such other
    provision to any person or circumstance is held invalid, the
    application of such other provision to other persons or
    circumstances shall not be affected thereby.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 390, 52 Stat. 69.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter 3B [Sec. 590a et seq.] of title 16, referred to in text,
    was in the original a reference to the Soil Conservation and
    Domestic Allotment Act, as amended.

-End-

-CITE-
    7 USC subpart ii - appropriations and administrative
           expenses                                        01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart ii - appropriations and administrative expenses

-HEAD-
          SUBPART II - APPROPRIATIONS AND ADMINISTRATIVE EXPENSES      

-End-

-CITE-
    7 USC Sec. 1391                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart ii - appropriations and administrative expenses

-HEAD-
    Sec. 1391. Authorization of appropriations; loans from Commodity
      Credit Corporation

-STATUTE-
      (a) Beginning with the fiscal year ending June 30, 1938, there is
    hereby authorized to be appropriated, for each fiscal year for the
    administration of this chapter and for the making of soil
    conservation and other payments such sums as Congress may
    determine, in addition to any amount made available pursuant to
    section 590o of title 16.
      (b) For the administration of this chapter (and the provisions of
    chapter 36 of this title) during the fiscal year ending June 30,
    1938, there is hereby authorized to be made available from the
    funds appropriated for such fiscal year for carrying out the
    purposes of section 590g, 590h, 590i, and 590j to 590q of title 16,
    a sum not to exceed $5,000,000.
      (c) During each fiscal year, beginning with the fiscal year
    ending June 30, 1941, the Commodity Credit Corporation is
    authorized and directed to loan to the Secretary such sums, not to
    exceed $50,000,000, as he estimates will be required during such
    fiscal year, to make crop insurance premium advances and to make
    advances pursuant to the applicable provisions of sections 590h and
    590l of title 16, in connection with programs applicable to crops
    harvested in the calendar year in which such fiscal year ends, and
    to pay the administrative expenses of county agricultural
    conservation associations for the calendar year in which such
    fiscal year ends. The sums so loaned during any fiscal year shall
    be transferred to the current appropriation available for carrying
    out sections 590g, 590h, 590i, and 590j to 590q of title 16 and
    shall be repaid, with interest at a rate to be determined by the
    Secretary but not less than the cost of money to the Commodity
    Credit Corporation for a comparable period, during the succeeding
    fiscal year from the appropriation available for that year or from
    any unobligated balance of the appropriation for any other year.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 391, 52 Stat. 69; July 2,
    1940, ch. 521, Sec. 8, 54 Stat. 728.)

-MISC1-
                                AMENDMENTS                            
      1940 - Subsec. (c). Act July 2, 1940, added subsec. (c).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Administration of program of Commodity Credit Corporation
    transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
    Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out
    in the Appendix to Title 5, Government Organization and Employees.

                   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, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67
    Stat. 633, set out as a note under section 2201 of this title.

-End-

-CITE-
    7 USC Sec. 1392                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart ii - appropriations and administrative expenses

-HEAD-
    Sec. 1392. Administrative expenses; posting names and compensation
      of local employees

-STATUTE-
      (a) The Secretary is authorized and directed to make such
    expenditures as he deems necessary to carry out the provisions of
    this chapter and sections 590g, 590h, 590i, and 590j to 590q of
    title 16, including personal services and rents in the District of
    Columbia and elsewhere; traveling expenses; supplies and equipment;
    lawbooks, books of reference, directories, periodicals, and
    newspapers; and the preparation and display of exhibits, including
    such displays at community, county, State, interstate, and
    international fairs within the United States. The Secretary of the
    Treasury is authorized and directed upon the request of the
    Secretary to establish one or more separate appropriation accounts
    into which there shall be transferred from the respective funds
    available for the purposes of this chapter and chapter 3B of title
    16, in connection with which personnel or other facilities of the
    Agricultural Adjustment Administration are utilized, proportionate
    amounts estimated by the Secretary to be required by the
    Agricultural Adjustment Administration for administrative expenses
    in carrying out or cooperating in carrying out any of the
    provisions of this chapter and chapter 3B of title 16.
      (b) In the administration of this subchapter and sections 590g,
    590h, 590i, and 590j to 590q of title 16, the aggregate amount
    expended in any fiscal year, beginning with the fiscal year ending
    June 30, 1942, for administrative expenses in the District of
    Columbia, including regional offices, and in the several States
    (not including the expenses of county and local committees) shall
    not exceed 3 per centum of the total amount available for such
    fiscal year for carrying out the purposes of this subchapter and
    chapter 3B of title 16, unless otherwise provided by appropriation
    or other law. In the administration of section 612c of this title,
    and sections 601, 602, 608a, 608b, 608c, 608d, 610, 612, 614, 624,
    and 671 to 673 of this title, the aggregate amount expended in any
    fiscal year beginning with the fiscal year ending June 30, 1942,
    for administrative expenses in the District of Columbia, including
    regional offices, and in the several States (not including the
    expenses of county and local committees) shall not exceed 4 per
    centum of the total amount available for such fiscal year for
    carrying out the purposes of said sections, unless otherwise
    provided by appropriation or other law. In the event any
    administrative expenses of any county or local committee are
    deducted in any fiscal year, beginning with the fiscal year ending
    June 30, 1939, from chapter 3B of title 16 payments, parity
    payments, or loans, each farmer receiving benefits under such
    provisions shall be apprised of the amount or percentage deducted
    from such benefit payment or loan on account of such administrative
    expenses. The names and addresses of the members and employees of
    any county or local committee, and the amount of such compensation
    received by each of them, shall be posted annually in a conspicuous
    place in the area within which they are employed.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 392, 52 Stat. 69; Jan. 31,
    1942, ch. 32, 56 Stat. 41; Aug. 3, 1956, ch. 950, Sec. 7, 70 Stat.
    1034.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter 3B [Sec. 590a et seq.] of title 16, referred to in text,
    was in the original a reference to the Soil Conservation and
    Domestic Allotment Act, as amended.

-MISC1-
                                AMENDMENTS                            
      1956 - Subsec. (b). Act Aug. 3, 1956, changed the period to a
    comma at end of first and second sentences and inserted "unless
    otherwise provided by appropriation or other law".
      1942 - Subsecs. (a), (b). Act Jan. 31, 1942, among other changes,
    inserted reference to sections of title 16, after "this chapter"
    and "this subchapter".

                     EFFECTIVE DATE OF 1942 AMENDMENT                 
      Act Jan. 31, 1942, provided that the amendments made by that act
    are effective for the fiscal year 1942 and subsequent fiscal years.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Agricultural Adjustment Administration consolidated into
    Production and Marketing Administration by 1946 Reorg. Plan No. 3,
    eff. July 4, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the
    Appendix to Title 5, Government Organization and Employees. See
    note set out under section 610 of this title.

-MISC2-
     EXPENSES OF AN ADVISORY COMMITTEE ON SOIL AND WATER CONSERVATION 
      Act Aug. 3, 1956, ch. 934, 70 Stat. 989, provided: "That the
    Secretary of Agriculture is authorized to pay expenses of an
    Advisory Committee on Soil and Water Conservation and related
    matters, but such Committee members (other than ex officio members)
    shall not be deemed to be employees of the United States and shall
    not receive compensation."

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. See section 14
    of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-
    7 USC Sec. 1393                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
                     MARKETING QUOTAS, AND MARKETING CERTIFICATES
    Part F - Miscellaneous Provisions and Appropriations
    subpart ii - appropriations and administrative expenses

-HEAD-
    Sec. 1393. Allotment of appropriations

-STATUTE-
      All funds for carrying out the provisions of this chapter shall
    be available for allotment to bureaus and offices of the
    Department, and for transfer to such other agencies of the Federal
    Government, and to such State agencies, as the Secretary may
    request to cooperate or assist in carrying out the provisions of
    this chapter.

-SOURCE-
    (Feb. 16, 1938, ch. 30, title III, Sec. 393, 52 Stat. 70.)

-End-

-CITE-
    7 USC SUBCHAPTER III - COTTON POOL PARTICIPATION TRUST
           CERTIFICATES                                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER III - COTTON POOL PARTICIPATION TRUST CERTIFICATES

-HEAD-
       SUBCHAPTER III - COTTON POOL PARTICIPATION TRUST CERTIFICATES   

-End-

-CITE-
    7 USC Secs. 1401 to 1407                                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938
    SUBCHAPTER III - COTTON POOL PARTICIPATION TRUST CERTIFICATES

-HEAD-
    Secs. 1401 to 1407. Omitted

-COD-
                               CODIFICATION                           
      Section 1401, act Feb. 16, 1938, ch. 30, title IV, Sec. 401, 52
    Stat. 70, authorized an appropriation of $1,800,000 to accomplish
    the purposes declared in former provisions of this subchapter and
    provided for payments by Secretary of Treasury upon order of
    Secretary of Agriculture.
      Section 1402, act Feb. 16, 1938, ch. 30, title IV, Sec. 402, 52
    Stat. 70, provided for deposit of appropriation to credit of the
    Secretary of Agriculture for disbursement for purposes stated in
    former provisions of this subchapter.
      Section 1403, acts Feb. 16, 1938, ch. 30, title IV, Sec. 403, 52
    Stat. 70; Apr. 7, 1938, ch. 107, Sec. 13, 52 Stat. 204, provided
    allotment of funds to manager of cotton pool for purchase of pool
    participation trust certificates, to be tendered by lawful holder
    and owner thereof on or before May 1, 1938, at rate of $1 per five-
    hundred-pound bale, payment of costs and expenses incident to such
    purchases and covering into the Treasury as miscellaneous receipts
    balance remaining at expiration of purchase period.
      Section 1404, acts Feb. 16, 1938, ch. 30, title IV, Sec. 404, 52
    Stat. 71; Apr. 7, 1938, ch. 107, Sec. 14, 52 Stat. 204, extended
    the time limit for purchase of outstanding pool participation
    certificates to and including July 31, 1938, authorized issuance of
    rules and regulations and prohibited purchases from other than
    record holders on or before May 1, 1938.
      Section 1404a, acts June 16, 1938, ch. 464, title I, 52 Stat.
    747; Apr. 5, 1939, ch. 44, 53 Stat. 572, extended the time limit
    for purchase of certificates to and including Sept. 30, 1939 and
    made the date of May 1, 1938 inapplicable.
      Section 1404b, act June 16, 1938, ch. 464, title I, 52 Stat. 747,
    provided for issuance of regulations for payments on participation
    trust certificates in case of death, incompetence or disappearance
    of payee.
      Section 1405, act Feb. 16, 1938, ch. 30, title IV, Sec. 405, 52
    Stat. 71, authorized continuance of 1933 cotton producers pool as
    long as necessary to effectuate purposes of former provisions of
    this subchapter and use of funds for payment of expenses.
      Section 1406, act Feb. 16, 1938, ch. 30, title IV, Sec. 406, 52
    Stat. 71, prohibited purchase of certificates after expiration of
    time limit.
      Section 1407, acts Feb. 16, 1938, ch. 30, title IV, Sec. 407, 52
    Stat. 71; Apr. 7, 1938, ch. 107, Sec. 15, 52 Stat. 204, provided
    for payment by assignee of certificate transferred subsequent to
    May 1, 1937, limited to the purchase price paid by the assignee,
    with interest at rate of four per centum from date of purchase, not
    exceeding an amount of $1 per bale, payment to be based upon
    affidavit of assignee.

-MISC1-
                       INAPPLICABILITY OF SUBCHAPTER                   
      Subchapter, with the exception of former sections 1404a and
    1404b, 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(a)(4) of this title.
      Subchapter, with the exception of former sections 1404a and
    1404b, inapplicable to 1996 through 2001 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(a)(1)(I)
    of this title.

                 SETTLEMENT OF CERTAIN CLAIMS AND ACCOUNTS             
      Act June 5, 1942, ch. 349, Secs. 2, 3, 56 Stat. 324, authorized
    Comptroller General to relieve disbursing and certifying officers
    from liability for payments made under former provisions of this
    subchapter upon certificate of Secretary of Agriculture that such
    payments were made in good faith, and also provided that no action
    should be taken to recover such excess payments, if the Secretary
    of Agriculture should further certify that, in view of the good
    faith of the parties or other circumstances of the case, such
    attempt to recover them would be inadvisable or inequitable.

-End-