Laws: Cases and Codes : U.S. Code : Title 7


   

U.S. Code as of: 01/03/05
Chapter 35 - Notes
                            GENERAL PROVISIONS                        
    Sec.                                                     
    1281.       Short title.                                          
    1282.       Declaration of policy.                                
    1282a.      Emergency supply of agricultural products             
                  (a)  Establishment of prices to insure orderly,
                        adequate and steady supply of products.       
                  (b)  Adjustments in maximum price of products
                        subject to any price control or freeze order
                        or regulation to increase supply.             
                  (c)  "Agricultural products" defined.               
                  (d)  Implementation of policies to encourage full
                        production in periods of short supply at fair
                        and reasonable prices.                        
     SUBCHAPTER I - ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS,
                       AND DISPOSITION OF SURPLUSES
    1291.       Adjustments in freight rates.                         
                  (a)  Complaints by Secretary of Agriculture; notice
                        of hearings.                                  
                  (b)  Secretary as party to proceedings.             
                  (c)  Utilization of records, services, etc., of
                        Department of Agriculture.                    
                  (d)  Cooperation with complaining farm associations.
    1292.       New uses and markets for commodities.                 
                  (a)  Regional research laboratories.                
                  (b)  Acquisition of land for laboratories;
                        donations.                                    
                  (c)  Cooperation with governmental agencies,
                        associations, etc.                            
                  (d)  Appropriation for purposes of subsection (a).  
                  (e)  Repealed.                                      
                  (f)  Appropriation to Secretary of Commerce.        
                  (g)  Duty of Secretary.                             
    1293.       Transferred.                                          
       SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS,
               MARKETING QUOTAS, AND MARKETING CERTIFICATES
        PART A - DEFINITIONS, LOANS, PARITY PAYMENTS, AND CONSUMER
                                SAFEGUARDS
    1301.       Definitions.                                          
                  (a)  General definitions.                           
                  (b)  Definitions applicable to one or more
                        commodities.                                  
                  (c)  Use of Federal statistics.                     
                  (d)  Exclusion of stocks of certain commodities.    
    1301a.      References to parity prices, etc., in other laws after
                 January 1, 1950.                                     
    1301b, 1302. Repealed.                                            
    1303.       Parity payments.                                      
    1304.       Consumer safeguards.                                  
    1305.       Transfer of acreage allotments or feed grain bases on
                 public lands upon request of State agencies.         
    1306.       Projected yields; determination; base period.         
    1307.       Limitation on payments under wheat, feed grains, and
                 cotton programs for 1974 through 1977 crops.         
    1308.       Payment limitations.                                  
                  (a)  Definitions.                                   
                  (b)  Limitation on direct payments.                 
                  (c)  Limitation on counter-cyclical payments.       
                  (d)  Limitation on marketing loan gains and loan
                        deficiency payments.                          
                  (e)  Definition of person.                          
                  (f)  Public schools.                                
                  (g)  Time limits; reliance.                         
    1308-1.     Prevention of creation of entities to qualify as
                 separate persons; payments limited to active farmers.
                  (a)  Prevention of creation of entities to qualify
                        as separate persons.                          
                  (b)  Payments limited to active farmers.            
    1308-2.     Schemes or devices.                                   
    1308-3.     Foreign persons made ineligible for program benefits. 
                  (a)  In general.                                    
                  (b)  Corporations or other entities.                
                  (c)  Prospective application.                       
    1308-3a.    Adjusted gross income limitation.                     
                  (a)  Definition of average adjusted gross income.   
                  (b)  Limitation.                                    
                  (c)  Certification.                                 
                  (d)  Commensurate reduction.                        
                  (e)  Effective period.                              
    1308-4.     Education program.                                    
                  (a)  In general.                                    
                  (b)  Training.                                      
                  (c)  Administration.                                
                  (d)  Commodity Credit Corporation.                  
    1308-5.     Treatment of multiyear program contract payments.     
                  (a)  In general.                                    
                  (b)  Limitation.                                    
    1308a.      Cost reduction options.                               
                  (a)  Authority of Secretary to take action.         
                  (b)  Reservation of Secretary's right to reopen or
                        change contracts if producer agrees.          
                  (c)  Purchase from other sources of commodities
                        covered by nonrecourse loans.                 
                  (d)  Reduction in settlement price of nonrecourse
                        loans.                                        
                  (e)  Reopening of production control or loan
                        programs to allow for payment in kind.        
                  (f)  Other authorities of Secretary not affected.   
    1309.       Normally planted acreage and target prices.           
                  (a)  Authorized planted acreage for 1982 through
                        1995 crops of wheat and feed grains as
                        prerequisite for loan, etc.; eligibility;
                        determinations; records.                      
                  (b)  Established price payments.                    
                  (c)  Marketing quotas in effect for 1987 through
                        1995 crops of wheat; reduction in normally
                        planted acreage as condition prerequisite for
                        loan, etc.                                    
    1310.       American agriculture protection program.              
                  (a)  Determination of short supply; suspension of
                        commercial export sales; parity price.        
                  (b)  Duration of loan level.                        
                  (c)  "Commodity" defined.                           
    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.                             
                  (a)  Proclamation; duration of program.             
                  (b)  Amount; minimum.                               
                  (c)  National emergencies or material increase in
                        demand; investigation; increase or
                        termination.                                  
                  (d)  Farm marketing quotas for wheat crops planted
                        in calendar years 1966-1970.                  
    1333.       National acreage allotment.                           
    1334.       Apportionment of national acreage allotment.          
                  (a)  Apportionment among States; special acreage
                        reserve.                                      
                  (b)  Apportionment among counties.                  
                  (c)  Apportionment among farms; overplanted
                        allotments; reductions; notice.               
                  (d)  Repealed.                                      
                  (e)  Increase in acreage allotments and marketing
                        quotas for class II durum wheat.              
                  (f)  Voluntary surrender of acreage allotment.      
                  (g)  Plantings in excess of allotments or where no
                        allotment is established.                     
                  (h)  Omitted.                                       
                  (i)  Increase in acreage allotments for any kind of
                        wheat in short supply; storage reduction and
                        land-use provisions inapplicable to such
                        wheat.                                        
                  (j)  Increased durum wheat acreage allotments to
                        Tulelake area, California, for 1970 and
                        subsequent years; factors determinative;
                        effect of increased allotments on marketing
                        allocations and diversion payments.           
                  (k)  Transfer of farm wheat acreage allotments in
                        case of natural disasters.                    
    1334a.      Omitted.                                              
    1334a-1.    Summer fallow farms; upper limit on required set aside
                 acreage for 1971 through 1977 wheat, feed grain, and
                 cotton crops.                                        
    1334b.      Designation of States outside commercial
                 wheat-producing areas.                               
    1335.       Small-farm exemption; small-farm base acreage;
                 election; acreage allotment; land-use provisions;
                 price support; wheat marketing certificates.         
    1336.       Referendum.                                           
    1337.       Repealed.                                             
    1338.       Transfer of quotas.                                   
    1339.       Land use.                                             
                  (a)  Penalties: computation, lien, joint and several
                        liability and interest; exceptions: nonsurplus
                        supply crops, substantial impairment, and
                        nonproduction of wheat; diverted acreage:
                        amount, annual identity, and grazing; crops
                        available for marketing.                      
                  (b)  Payment program for 1964 through 1970 crops;
                        terms and conditions; amount; additional
                        diverted acreage; conservation and
                        soil-conserving uses; adjustment; knowledge of
                        exceeding acreage allotment; acreage allotment
                        not exceeded by delivery to Secretary of farm
                        marketing excess or storage in accordance with
                        regulations to avoid or postpone payment of
                        penalty or by farms exempt from marketing
                        quota; new farms ineligible for payments;
                        sharing and medium of payments.               
                  (c)  Adjustment of payments.                        
                  (d)  Advance payments.                              
                  (e)  Diverted acreage used for production of certain
                        crops; rate of payment; limitation on rate.   
                  (f)  Additional terms and conditions.               
                  (g)  Regulations.                                   
                  (h)  Commodity Credit Corporation funds and
                        authorization of appropriations for payments
                        and administrative expenses.                  
    1339a.      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.         
                  (a)  Basis.                                         
                  (b)  Apportionment among States for year 1953 and
                        subsequent years; adjustment; national acreage
                        reserve.                                      
                  (c)  Apportionment among States for years 1950 and
                        1951; computation and adjustment.             
                  (d)  Apportionment for year 1952; adjustment.       
                  (e)  Apportionment among counties; reservation of
                        acreage; additional acreage for establishing
                        minimum farm allotments.                      
                  (f)  Apportionment among farms.                     
                  (g)  Law and conditions governing establishment of
                        acreage allotments and yields.                
                  (h)  Repealed.                                      
                  (i)  Excess planting; old and new farm allotment.   
                  (j)  Availability of records for inspection.        
                  (k)  Minimum allotments to States.                  
                  (l)  Administration of law governing war crops.     
                  (m)  Acreage allotments, 1954; increases;
                        apportionments; limitations; unallotted farm
                        acreage; reapportionment of surrendered
                        acreage; extra long staple cotton; reserve
                        acreage.                                      
                  (n)  Transfer of farm cotton acreage allotments in
                        case of natural disasters; eligibility for
                        allotment.                                    
    1344a.      Exclusion of 1949 acreage in computation of future
                 allotments.                                          
    1344b.      Sale, lease, or transfer of cotton acreage allotments.
                  (a)  Authority for calendar years 1966 through 1970;
                        transfer periods.                             
                  (b)  Requisite conditions for transfer of acreage
                        allotments.                                   
                  (c)  Extent of estate transferred.                  
                  (d)  Period of ineligibility of land for new
                        allotment.                                    
                  (e)  Transfer of allotments established under
                        minimum allotment provisions.                 
                  (f)  Rules and regulations.                         
                  (g)  Adjustment upon transfer of land covered by
                        conservation reserve contract.                
                  (h)  Exchange of cotton acreage allotments for rice
                        acreage allotments.                           
                  (i)  Applicability to cotton restricted to upland
                        cotton.                                       
    1345.       Farm marketing quotas; farm marketing excess.         
    1346.       Penalties.                                            
    1347.       Repealed.                                             
    1348.       Payments in kind to equalize cost of cotton to
                 domestic and foreign users; rules and regulations;
                 termination date; persons eligible; amount; terms and
                 conditions; raw cotton in inventory.                 
    1349.       Export market acreage.                                
                  (a)  Supplementary allotments for 1964 and 1965;
                        acreage limitation; apportionment among States
                        and farms; "export market acreage" on any
                        farm; farm acreage allotment for farms with
                        export acreage; additional allotment;
                        establishment of future allotments without
                        regard to export acreage; exclusion of
                        extra-long-staple cotton and farms receiving
                        additional price support for 1964 and 1965.   
                  (b)  Bond, other undertaking, and lieu payments for
                        exportation without subsidy and within
                        specified period; terms and conditions;
                        liquidated damages; farm acreage allotment
                        upon noncompliance with conditions; remissions
                        to CCC for defraying costs of encouraging
                        export sales of cotton.                       
    1350.       National base acreage allotment.                      
                  (a)  Establishment.                                 
                  (b)  Apportionment to States.                       
                  (c)  Apportionment to counties.                     
                  (d)  Adjustment of apportionment bases for counties.
                  (e)  Apportionment to farms.                        
                  (f)  Surrender of farm base acreage allotments.     
                  (g)  Compliance with set-aside requirements.        
                  (h)  Transfer of farm base acreage allotments not
                        planted because of natural disaster or
                        conditions beyond control of producer.        
    1350a.      Repealed.                                             
                    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.              
                  (a)  Sugar estimates.                               
                  (b)  Sugar allotments.                              
                  (c)  Prohibitions.                                  
    1359cc.     Establishment of flexible marketing allotments.       
                  (a)  In general.                                    
                  (b)  Overall allotment quantity.                    
                  (c)  Marketing allotment for sugar derived from
                        sugar beets and sugar derived from sugarcane. 
                  (d)  Filling cane sugar and beet sugar allotments.  
                  (e)  State cane sugar allotments.                   
                  (f)  Filling cane sugar allotments.                 
                  (g)  Adjustment of marketing allotments.            
                  (h)  Suspension of allotments.                      
    1359dd.     Allocation of marketing allotments.                   
                  (a)  Allocation to processors.                      
                  (b)  Hearing and notice.                            
    1359ee.     Reassignment of deficits.                             
                  (a)  Estimates of deficits.                         
                  (b)  Reassignment of deficits.                      
    1359ff.     Provisions applicable to producers.                   
                  (a)  Processor assurances.                          
                  (b)  Sugar beet processing facility closures.       
                  (c)  Proportionate shares of certain allotments.    
    1359gg.     Special rules.                                        
                  (a)  Transfer of acreage base history.              
                  (b)  Preservation of acreage base history.          
                  (c)  Revisions of allocations and proportionate
                        shares.                                       
                  (d)  Transfers of mill allocations.                 
    1359hh.     Regulations; violations; publication of Secretary's
                 determinations; jurisdiction of the courts; United
                 States attorneys.                                    
                  (a)  Regulations.                                   
                  (b)  Violation.                                     
                  (c)  Publication in Federal Register.               
                  (d)  Jurisdiction of courts; United States
                        attorneys.                                    
                  (e)  Nonexclusivity of remedies.                    
    1359ii.     Appeals.                                              
                  (a)  In general.                                    
                  (b)  Procedure.                                     
                  (c)  Special appeal process regarding beet sugar
                        allocations.                                  
    1359jj.     Administration.                                       
                  (a)  Use of certain agencies.                       
                  (b)  Use of Commodity Credit Corporation.           
    1359kk.     Reallocating sugar quota import shortfalls.           
                  (a)  In general.                                    
                  (b)  Qualified supplying country defined.           
                    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.                         
                  (a)  Investigation and adjustment to maintain normal
                        supply.                                       
                  (b)  Adjustment because of emergency or export
                        demand.                                       
                  (c)  Increase of farm quota on increase of national
                        quota.                                        
    1372.       Payment, collection, and refund of penalties.         
    1373.       Reports and records.                                  
                  (a)  Persons reporting.                             
                  (b)  Proof of acreage yield.                        
                  (c)  Data as confidential.                          
    1374.       Measurement of farms and report of plantings;
                 remeasurement.                                       
    1375.       Regulations.                                          
    1376.       Court jurisdiction; duties of United States attorneys;
                 remedies and penalties as additional.                
    1377.       Preservation of unused acreage allotments.            
    1378.       Transfer of acreage allotments ensuing from agency
                 acquisition of farmlands.                            
                  (a)  Allotment pool.                                
                  (b)  Circumstances precluding application of
                        provisions.                                   
                  (c)  Time of displacement determining application of
                        provisions.                                   
    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.                               
                  (a)  Issuance; amount; reduction; sharing among
                        producers; domestic and export certificates.  
                  (b)  Producers eligible for certificates; storage
                        conditions.                                   
                  (c)  Face value.                                    
                  (d)  Statement or form of certificates and
                        transfers.                                    
                  (e)  Failure of producer to comply with programs;
                        issuance of certificates.                     
    1379d.      Marketing restrictions.                               
                  (a)  Transfers of certificates; purchases by
                        Commodity Credit Corporation.                 
                  (b)  Processor and exporter acquisition of domestic
                        and export certificates; international trade,
                        expansion; refunds or credits for
                        certificates; exemptions from requirements.   
                  (c)  Undertaking to secure marketing of commodity
                        without certificate.                          
                  (d)  "Food products" defined; exemption of flour
                        second clears.                                
    1379e.      Assistance in purchase and sale of marketing
                 certificates; regulations; administrative expenses;
                 interest.                                            
    1379f.      Conversion factors.                                   
    1379g.      Authority to facilitate transition.                   
    1379h.      Applicability of provisions to designated persons;
                 reports and records; examinations by the Secretary.  
    1379i.      Penalties.                                            
                  (a)  Forfeitures; amount; civil action.             
                  (b)  Misdemeanors; punishment.                      
                  (c)  Forfeiture of right to receive certificates;
                        payment of face value.                        
                  (d)  Felonies; punishment.                          
    1379j.      Regulations.                                          
                        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.                        
                  (a)  Designation of local agencies and local
                        administrative areas.                         
                  (b)  Payments to county committees for
                        administrative expenses.                      
                  (c)  Travel expenses.                               
    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.                                            
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