dreamproit/uscode huggingface dataset:
7 U.S.C. § 7012 (AGRICULTURE)
§ 7012. Purchase of American-made equipment and products
(a) Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased using funds made available pursuant to this chapter should be American-made.
(b) Notice requirement
In providing financial assistance to, or entering into any contract with, any entity using funds made available pursuant to this chapter, the Secretary, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress.
(Pub. L. 103–354, title II, § 292, Oct. 13, 1994, 108 Stat. 3237.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see Short Title note set out under section 6901 of this title and Tables.
7 U.S.C. § 7201 (AGRICULTURE)
§ 7201. Short title and purpose
(a) Short title
This chapter may be cited as the “Agricultural Market Transition Act”.
(b) Purpose
It is the purpose of this chapter—
(1) to authorize the use of binding production flexibility contracts between the United States and agricultural producers to support farming certainty and flexibility while ensuring continued compliance with farm conservation and wetland protection requirements;
(2) to make nonrecourse marketing assistance loans and loan deficiency payments available for certain crops;
(3) to improve the operation of farm programs for milk, peanuts, and sugar; and
(4) to establish a commission to undertake a comprehensive review of past and future production agriculture in the United States.
(Pub. L. 104–127, title I, § 101, Apr. 4, 1996, 110 Stat. 896.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 896, which enacted this chapter and section 6933 of this title, amended sections 1308, 1308–1, 1308–3, 1358–1, 1358b, 1358c, 1359a, 1373, 1441, 1445j, 1508, 1516, 4504, 6401, 6402, 6413, 6414, and 6932 of this title and sections 713a–14, 714b, 714i, and 714k of Title 15, Commerce and Trade, repealed sections 1426, 1433f, 1441–2, 1444–2, 1444f, 1445b–3a, 1445c–3, 1445h, 1446e to 1446h, and 1519 of this title, enacted provisions set out as notes under sections 1373, 1446e, 1446e–1, and 1508 of this title, and repealed provisions set out as a note under section 1421 of this title. For complete classification of title I to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 1998 Amendment
text: Pub. L. 105–228, § 1, Aug. 12, 1998, 112 Stat. 1516, provided that: “This Act [amending section 7212 of this title] may be cited as the ‘Emergency Farm Financial Relief Act’.”
heading: Short Title
text: Pub. L. 104–127, § 1(a), Apr. 4, 1996, 110 Stat. 888, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Agriculture Improvement and Reform Act of 1996’.”
heading: Severability
text: Pub. L. 104–127, title IX, § 928, Apr. 4, 1996, 110 Stat. 1197, provided that: “If any provision of this Act [see Short Title note above] or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act that can be given effect without regard to the invalid provision or application, and to this end the provisions of this Act are severable.”
7 U.S.C. § 7213 (AGRICULTURE)
§ 7213. Amounts available for contract payments
(a) Fiscal year amounts
The Secretary shall, to the maximum extent practicable, expend the following amounts to satisfy the obligations of the Secretary under all contracts:
(1) For fiscal year 1996, $5,570,000,000.
(2) For fiscal year 1997, $5,385,000,000.
(3) For fiscal year 1998, $5,800,000,000.
(4) For fiscal year 1999, $5,603,000,000.
(5) For fiscal year 2000, $5,130,000,000.
(6) For fiscal year 2001, $4,130,000,000.
(7) For fiscal year 2002, $4,008,000,000.
(b) Allocation
The amount made available for a fiscal year under subsection (a) shall be allocated as follows:
(1) For wheat, 26.26 percent.
(2) For corn, 46.22 percent.
(3) For grain sorghum, 5.11 percent.
(4) For barley, 2.16 percent.
(5) For oats, 0.15 percent.
(6) For upland cotton, 11.63 percent.
(7) For rice, 8.47 percent.
(c) Adjustment
The Secretary shall adjust the amounts allocated for each contract commodity under subsection (b) for a particular fiscal year by—
(1) adding an amount equal to the sum of all repayments of deficiency payments required under section 114(a)(2) of the Agricultural Act of 1949 (7 U.S.C. 1445j(a)(2)) for the commodity;
(2) adding an amount equal to the sum of all refunds of contract payments received during the preceding fiscal year under section 7216 of this title for the commodity; and
(3) subtracting an amount equal to the amount, if any, necessary during that fiscal year to satisfy payment requirements for the commodity under sections 103B, 105B, or 107B of the Agricultural Act of 1949 for the 1994 and 1995 crop years.
(d) Additional rice allocation
In addition to the adjustments required under subsection (c), the amount allocated under subsection (b) for rice contract payments shall be increased by $8,500,000 for each of fiscal years 1997 through 2002.
(e) Exclusion of certain amounts from contract payments
Any amount added pursuant to paragraphs (1) and (2) of subsection (c) to the amount available under subsection (a) for a fiscal year and paid to owners and producers under a contract shall not be treated as a contract payment for purposes of section 7215 of this title or section 1308(1) 1 of this title. However, the amount of a payment covered by this subsection may not exceed $50,000 per person.
(f) Effect of payment limitation
The amount available under subsection (a) for a fiscal year shall be reduced by an amount equal to the total amount of contract payments for the fiscal year that owners and producers forgo as a result of operation of the payment limitation under section 1308(1) 1 of this title.
(Pub. L. 104–127, title I, § 113, Apr. 4, 1996, 110 Stat. 900.)
heading: Editorial Notes
heading: References in Text
text: Sections 103B, 105B, and 107B of the Agricultural Act of 1949, referred to in subsec. (c)(3), were classified to sections 1444–2, 1444f, and 1445b–3a, respectively, of this title prior to repeal by section 7301(b)(2)(A)–(D) of this title.
Section 1308(1) of this title, referred to in subsecs. (e), (f), was repealed by Pub. L. 107–171, title I, § 1603(a), May 13, 2002, 116 Stat. 213.
7 U.S.C. § 7218 (AGRICULTURE)
§ 7218. Planting flexibility
(a) Permitted crops
Subject to subsection (b), any commodity or crop may be planted on contract acreage on a farm.
(b) Limitations and exceptions regarding fruits and vegetables
(1) Limitations
The planting of fruits and vegetables (other than lentils, mung beans, and dry peas) shall be prohibited on contract acreage.
(2) Exceptions
Paragraph (1) shall not limit the planting of a fruit or vegetable—
(A) in any region in which there is a history of double-cropping of contract commodities with fruits or vegetables, as determined by the Secretary, in which case the double-cropping shall be permitted;
(B) on a farm that the Secretary determines has a history of planting fruits or vegetables on contract acreage, except that a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable; or
(C) by a producer who the Secretary determines has an established planting history of a specific fruit or vegetable, except that—
(i) the quantity planted may not exceed the producer’s average annual planting history of the fruit or vegetable in the 1991 through 1995 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and
(ii) a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable.
(Pub. L. 104–127, title I, § 118, Apr. 4, 1996, 110 Stat. 904.)
heading: Statutory Notes and Related Subsidiaries
heading: Contract Payments for Wild Rice Acreage
text: Pub. L. 106–78, title VII, § 727, Oct. 22, 1999, 113 Stat. 1164, provided that: “None of the funds appropriated or otherwise available to the Department of Agriculture in fiscal year 2000 or thereafter may be used to administer the provision of contract payments to a producer under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) for contract acreage on which wild rice is planted unless the contract payment is reduced by an acre for each contract acre planted to wild rice.”
Similar provisions were contained in the following prior appropriations acts:
Pub. L. 105–277, div. A, § 101(a) [title VII, § 727], Oct. 21, 1998, 112 Stat. 2681, 2681–28.
Pub. L. 105–86, title VII, § 734, Nov. 18, 1997, 111 Stat. 2110.
7 U.S.C. § 7231 (AGRICULTURE)
§ 7231. Availability of nonrecourse marketing assistance loans
(a) Nonrecourse loans available
For each of the 1996 through 2002 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm. The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 7232 of this title for the loan commodity.
(b) Eligible production
The following production shall be eligible for a marketing assistance loan under subsection (a):
(1) In the case of a marketing assistance loan for a contract commodity, any production by a producer on a farm containing eligible cropland covered by a production flexibility contract.
(2) In the case of a marketing assistance loan for extra long staple cotton and oilseeds, any production.
(c) Compliance with conservation and wetlands requirements
As a condition of the receipt of a marketing assistance loan under subsection (a), the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection requirements under subtitle C of title XII of the Act (16 U.S.C. 3821 et seq.) during the term of the loan.
(d) Additional outlays prohibited
The Secretary shall carry out this subchapter in such a manner that there are no additional outlays under this subchapter as a result of the reconstitution of a farm that occurs as a result of the combination of another farm that does not contain eligible cropland covered by a production flexibility contract.
(Pub. L. 104–127, title I, § 131, Apr. 4, 1996, 110 Stat. 905.)
heading: Editorial Notes
heading: References in Text
text: The Food Security Act of 1985, referred to in subsec. (c), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, as amended. Subtitles B and C of title XII of the Act are classified generally to subchapters II (§ 3811 et seq.) and III (§ 3821 et seq.), respectively, 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.
7 U.S.C. § 7255 (AGRICULTURE)
§ 7255. Milk manufacturing marketing adjustment
(a) Maximum allowances established
No State shall provide for a manufacturing allowance for the processing of milk in excess of—
(1) $1.65 per hundredweight of milk for milk manufactured into butter and nonfat dry milk; and
(2) $1.80 per hundredweight of milk for milk manufactured into cheese.
(b) “Manufacturing allowance” defined
In this section, the term “manufacturing allowance” means—
(1) the amount by which the product price value of butter and nonfat dry milk manufactured from a hundred pounds of milk containing 3.5 pounds of butterfat and 8.7 pounds of milk solids not fat resulting from a State’s yield and product price formulas exceeds the class price for the milk used to produce those products; or
(2) the amount by which the product price value of cheese manufactured from a hundred pounds of milk containing 3.5 pounds of butterfat and 8.7 pounds of milk solids not fat resulting from a State’s yield and product price formulas exceeds the class price for the milk used to produce cheese.
(c) Effect of violation
If the Secretary determines following a hearing that a State has in effect a manufacturing allowance that exceeds the manufacturing allowance authorized in subsection (a), the Secretary shall suspend purchases of cheddar cheese, butter, and nonfat dry milk produced in that State until such time as the State complies with such subsection.
(d) Effective date; implementation
This section (other than subsection (e) 1) shall be effective during the period beginning on the first day of the first month beginning after April 4, 1996, and ending on December 31, 1999. During that period, the Secretary may exercise the authority provided to the Secretary under this section without regard to the issuance of regulations intended to carry out this section.
(Pub. L. 104–127, title I, § 145, Apr. 4, 1996, 110 Stat. 917.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of section 145 of Pub. L. 104–127. Subsec. (e) of section 145 of Pub. L. 104–127 repealed section 1446e–1 of this title and enacted provisions set out as a note under section 1446e–1 of this title.
7 U.S.C. § 7257 (AGRICULTURE)
§ 7257. Authority to assist in establishment and maintenance of one or more export trading companies
The Secretary of Agriculture shall, consistent with the obligations of the United States as a member of the World Trade Organization, provide such advice and assistance to the United States dairy industry as may be necessary to enable that industry to establish and maintain one or more export trading companies under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the international market development for and exportation of dairy products produced in the United States.
(Pub. L. 104–127, title I, § 149, Apr. 4, 1996, 110 Stat. 921.)
heading: Editorial Notes
heading: References in Text
text: The Export Trading Company Act of 1982, referred to in text, is title I of Pub. L. 97–290, Oct. 8, 1982, 96 Stat. 1233, as amended, which is classified generally to subchapter I (§ 4001 et seq.) of chapter 66 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 15 and Tables.
7 U.S.C. § 7258 (AGRICULTURE)
§ 7258. Standby authority to indicate entity best suited to provide international market development and export services
(a) Indication of entity best suited to assist international market development for and export of United States dairy products
The Secretary of Agriculture shall indicate which entity or entities autonomous of the Government of the United States, which seeks such a designation, is best suited to facilitate the international market development for and exportation of United States dairy products, if the Secretary determines that—
(1) the United States dairy industry has not established an export trading company under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the international market development for an exportation of dairy products produced in the United States on or before June 30, 1997; or
(2) the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1998 does not exceed the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1997 by 1.5 billion pounds (milk equivalent, total solids basis).
(b) Funding of export activities
The Secretary shall assist the entity or entities identified under subsection (a) in identifying sources of funding for the activities specified in subsection (a) from within the dairy industry and elsewhere.
(c) Application of section
This section shall apply only during the period beginning on July 1, 1997 and ending on September 30, 2000.
(Pub. L. 104–127, title I, § 150, Apr. 4, 1996, 110 Stat. 921.)
heading: Editorial Notes
heading: References in Text
text: The Export Trading Company Act of 1982, referred to in subsec. (a)(1), is title I of Pub. L. 97–290, Oct. 8, 1982, 96 Stat. 1233, as amended, which is classified generally to subchapter I (§ 4001 et seq.) of chapter 66 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 15 and Tables.
7 U.S.C. § 7281 (AGRICULTURE)
§ 7281. Administration
(a) Use of Commodity Credit Corporation
The Secretary shall carry out this chapter through the Commodity Credit Corporation.
(b) Omitted
(c) Determinations by Secretary
A determination made by the Secretary under this chapter shall be final and conclusive.
(d) Regulations
Not later than 90 days after April 4, 1996, the Secretary and the Commodity Credit Corporation, as appropriate, shall issue such regulations as are necessary to implement this chapter. The issuance of the regulations shall be made without regard to—
(1) the notice and comment provisions of section 553 of title 5;
(2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly know 1 as the “Paperwork Reduction Act”).
(Pub. L. 104–127, title I, § 161, Apr. 4, 1996, 110 Stat. 934.)
heading: Editorial Notes
heading: References in Text
text: For definition of “this chapter”, referred to in text, see note set out under section 7201 of this title.
heading: Codification
text: Section is comprised of section 161 of Pub. L. 104–127. Subsec. (b) of section 161 of Pub. L. 104–127 amended sections 714b, 714i, and 714k of Title 15, Commerce and Trade.
7 U.S.C. § 7282 (AGRICULTURE)
§ 7282. Adjustments of loans
(a) Adjustment authority
The Secretary may make appropriate adjustments in the loan rates for any commodity for differences in grade, type, quality, location, and other factors.
(b) Manner of adjustment
The adjustments under the authority of this section shall, to the maximum extent practicable, be made in such manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined as provided in this chapter and title I of the Farm Security and Rural Investment Act of 2002 [7 U.S.C. 7901 et seq.].
(c) Adjustment on county basis
The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest such rate being 95 percent of the national average loan rate, except that such action shall not result in an increase in outlays. Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.
(Pub. L. 104–127, title I, § 162, Apr. 4, 1996, 110 Stat. 935; Pub. L. 107–171, title I, § 1606, May 13, 2002, 116 Stat. 218.)
heading: Editorial Notes
heading: References in Text
text: For definition of “this chapter”, referred to in subsec. (b), see note set out under section 7201 of this title.
The Farm Security and Rural Investment Act of 2002, referred to in subsec. (b), is Pub. L. 107–171, May 13, 2002, 116 Stat. 134. Title I of the Act is classified principally to chapter 106 (§ 7901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note under section 7901 of this title and Tables.
heading: Amendments
text: 2002—Subsec. (b). Pub. L. 107–171 substituted “this chapter and title I of the Farm Security and Rural Investment Act of 2002” for “this chapter”.
7 U.S.C. § 7283 (AGRICULTURE)
§ 7283. Commodity Credit Corporation interest rate
(a) In general
Notwithstanding any other provision of law, the monthly Commodity Credit Corporation interest rate applicable to loans provided for agricultural commodities by the Corporation shall be 100 basis points greater than the rate determined under the applicable interest rate formula in effect on October 1, 1995.
(b) Sugar
For purposes of this section, raw cane sugar, refined beet sugar, and in-process sugar eligible for a loan under section 7272 of this title shall not be considered an agricultural commodity.
(Pub. L. 104–127, title I, § 163, Apr. 4, 1996, 110 Stat. 935; Pub. L. 107–171, title I, § 1401(c), May 13, 2002, 116 Stat. 187.)
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–171 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
7 U.S.C. § 7285 (AGRICULTURE)
§ 7285. Commodity Credit Corporation sales price restrictions
(a) General sales authority
The Commodity Credit Corporation may sell any commodity owned or controlled by the Corporation at any price that the Secretary determines will maximize returns to the Corporation.
(b) Nonapplication of sales price restrictions
Subsection (a) shall not apply to—
(1) a sale for a new or byproduct use;
(2) a sale of peanuts or oilseeds for the extraction of oil;
(3) a sale for seed or feed if the sale will not substantially impair any loan program;
(4) a sale of a commodity that has substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spoilage;
(5) a sale for the purpose of establishing a claim arising out of a contract or against a person who has committed fraud, misrepresentation, or other wrongful act with respect to the commodity;
(6) a sale for export, as determined by the Corporation; and
(7) a sale for other than a primary use.
(c) Presidential disaster areas
(1) In general
Notwithstanding subsection (a), on such terms and conditions as the Secretary may consider in the public interest, the Corporation may make available any commodity or product owned or controlled by the Corporation for use in relieving distress—
(A) in any area in the United States (including the Virgin Islands) declared by the President to be an acute distress area because of unemployment or other economic cause, if the President finds that the use will not displace or interfere with normal marketing of agricultural commodities; and
(B) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) Costs
Except on a reimbursable basis, the Corporation shall not bear any costs in connection with making a commodity available under paragraph (1) beyond the cost of the commodity to the Corporation incurred in—
(A) the storage of the commodity; and
(B) the handling and transportation costs in making delivery of the commodity to designated agencies at 1 or more central locations in each State or other area.
(d) Efficient operations
Subsection (a) shall not apply to the sale of a commodity the disposition of which is desirable in the interest of the effective and efficient conduct of the operations of the Corporation because of the small quantity of the commodity involved, or because of the age, location, or questionable continued storability of the commodity.
(Pub. L. 104–127, title I, § 165, Apr. 4, 1996, 110 Stat. 936.)
heading: Editorial Notes
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1)(B), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.