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7 U.S.C. § 518 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this subchapter and subchapter II:
(1) **Agricultural Act of 1949** — The term “Agricultural Act of 1949” means the Agricultural Act of 1949 ([7 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421&num=0&edition=prelim) et seq.), as in effect on the day before October 22, 2004.
(2) **Agricultural Adjustment Act of 1938** — The term “Agricultural Adjustment Act of 1938” means the Agricultural Adjustment Act of 1938 ([7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.), as in effect on the day before October 22, 2004.
(3) **Considered planted** — The term “considered planted” means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary.
(4) **Contract** — The term “contract” means a contract entered into under section 518a or 518b of this title.
(5) **Contract payment** — The term “contract payment” means a payment made under section 518a or 518b of this title pursuant to a contract.
(6) **Producer of quota tobacco** — The term “producer of quota tobacco” means an owner, operator, landlord, tenant, or sharecropper that shared in the risk of producing tobacco on a farm where tobacco was produced or considered planted pursuant to a tobacco farm poundage quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ([7 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1311&num=0&edition=prelim) et seq.).
(7) **Quota tobacco** — The term ‘quota tobacco’ 11 So in original. means a kind of tobacco that is subject to a farm marketing quota or farm acreage allotment for the 2004 tobacco marketin
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Source location: Title 7, Chapter 21C, § 518; chapter-21c-tobacco-reform.md
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In this subchapter and subchapter II:
(1) **Agricultural Act of 1949** — The term “Agricultural Act of 1949” means the Agricultural Act of 1949 ([7 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421&num=0&edition=prelim) et seq.), as in effect on the day before October 22, 2004.
(2) **Agricultural Adjustment Act of 1938** — The term “Agricultural Adjustment Act of 1938” means the Agricultural Adjustment Act of 1938 ([7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.), as in effect on the day before October 22, 2004.
(3) **Considered planted** — The term “considered planted” means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary.
(4) **Contract** — The term “contract” means a contract entered into under section 518a or 518b of this title.
(5) **Contract payment** — The term “contract payment” means a payment made under section 518a or 518b of this title pursuant to a contract.
(6) **Producer of quota tobacco** — The term “producer of quota tobacco” means an owner, operator, landlord, tenant, or sharecropper that shared in the risk of producing tobacco on a farm where tobacco was produced or considered planted pursuant to a tobacco farm poundage quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ([7 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1311&num=0&edition=prelim) et seq.).
(7) **Quota tobacco** — The term ‘quota tobacco’ 11 So in original. means a kind of tobacco that is subject to a farm marketing quota or farm acreage allotment for the 2004 tobacco marketing year under a marketing quota or allotment program established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ([7 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1311&num=0&edition=prelim) et seq.).
(8) **Tobacco** — The term “tobacco” means each of the following kinds of tobacco:
(A) Flue-cured tobacco, comprising types 11, 12, 13, and 14.
(B) Fire-cured tobacco, comprising types 22 and 23.
(C) Dark air-cured tobacco, comprising types 35 and 36.
(D) Virginia sun-cured tobacco, comprising type 37.
(E) Virginia fire-cured tobacco, comprising type 21.
(F) Burley tobacco, comprising type 31.
(G) Cigar-filler and cigar-binder tobacco, comprising types 42, 43, 44, 53, 54, and 55.
(9) **Tobacco quota holder** — The term “tobacco quota holder” means a person that was an owner of a farm, as of October 22, 2004, for which a basic tobacco farm marketing quota or farm acreage allotment for quota tobacco was established for the 2004 tobacco marketing year.
(10) **Tobacco Trust Fund** — The term “Tobacco Trust Fund” means the Tobacco Trust Fund established under [section 518e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section518e&num=0&edition=prelim).
(11) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
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Federal law — U.S. Code and appendices · legal_authorities
In the fulfillment of its purposes and in carrying out its annual budget programs submitted to and approved by the Congress pursuant to chapter 91 of title 31, the Corporation is authorized to use its general powers only to—
**(a)** Support the prices of agricultural commodities (other than tobacco) through loans, purchases, payments, and other operations.
**(b)** Make available materials and facilities required in connection with the production and marketing of agricultural commodities (other than tobacco).
**(c)** Procure agricultural commodities (other than tobacco) for sale to other Government agencies, foreign governments, and domestic, foreign, or international relief or rehabilitation agencies, and to meet domestic requirements.
**(d)** Remove and dispose of or aid in the removal or disposition of surplus agricultural commodities (other than tobacco).
**(e)** Increase the domestic consumption of agricultural commodities (other than tobacco) by expanding or aiding in the expansion of domestic markets or by developing or aiding in the development of new and additional markets, marketing facilities, and uses for such commodities.
**(f)** Export or cause to be exported, or aid in the development of foreign markets for, agricultural commodities (other than tobacco) (including fish and fish products, without regard to whether such fish are harvested in aquacultural operations).
**(g)** Carry out conservation or environmental programs authorized by law.
**(h)** Carry out such other operations as the Congress may specifically authorize or provide for.In the Corporation’s purchasing and selling operations with respect to agricultural commodities (other than tobacco) (except sales to other Government agencies), and in the warehousing, transporting, processing, or h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established in the Commodity Credit Corporation a revolving trust fund, to be known as the “Tobacco Trust Fund”, which shall be used in carrying out this subchapter. The Tobacco Trust Fund shall consist of the following:
(1) Assessments collected under [section 518d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section518d&num=0&edition=prelim).
(2) Such amounts as are necessary from the Commodity Credit Corporation.
(3) Any interest earned on investment of amounts in the Tobacco Trust Fund under subsection (c).
**(b) Expenditures**
(1) **Authorized expenditures** — Subject to paragraph (2), and notwithstanding any other provision of law, the Secretary shall use amounts in the Tobacco Trust Fund, in such amounts as the Secretary determines are necessary—
(A) to make payments under sections 518a and 518b of this title;
(B) to provide reimbursement under [section 519(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section519/c&num=0&edition=prelim);
(C) to reimburse the Commodity Credit Corporation for costs incurred by the Commodity Credit Corporation under paragraph (2); and
(D) to make payments to financial institutions to satisfy contractual obligations under section 518a or 518b of this title.
(2) **Expenditures by Commodity Credit Corporation** — Notwithstanding any other provision of law, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to make payments described in paragraph (1). Not later than January 1, 2015, the Secretary shall use amounts in the Tobacco Trust Fund to fully reimburse, with interest, the Commodity Credit Corporation for all funds of the Commodity Credit Corporation expended
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him.
**(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton.
**(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi
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Federal law — U.S. Code and appendices · legal_authorities
**(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 oth
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590a&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 sh
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1311, act Feb. 16, 1938, ch. 30, title III, § 311, 52 Stat. 45, set forth legislative findings.
Section 1312, acts Feb. 16, 1938, ch. 30, title III, § 312, 52 Stat. 46; Mar. 26, 1938, ch. 54, 52 Stat. 120; Aug. 7, 1939, ch. 562, 563, 53 Stat. 1261; June 13, 1940, ch. 360, §§ 2, 3, 54 Stat. 392; Nov. 22, 1940, ch. 914, §§ 2, 5, 54 Stat. 1209, 1210; Feb. 28, 1942, ch. 123, 56 Stat. 121; July 3, 1948, ch. 827, title II, § 208, 62 Stat. 1257; Aug. 9, 1955, ch. 639, 69 Stat. 557; June 22, 1956, ch. 427, 70 Stat. 330; Pub. L. 99–272, title I, § 1104(a), Apr. 7, 1986, 100 Stat. 89, related to national tobacco marketing quotas.
Section 1313, acts Feb. 16, 1938, ch. 30, title III, § 313, 52 Stat. 47; Apr. 7, 1938, ch. 107, § 5, 52 Stat. 202; May 31, 1938, ch. 292, § 2, 52 Stat. 586; Aug. 7, 1939, ch. 564, 53 Stat. 1261; June 13, 1940, ch. 360, § 4, 54 Stat. 392; Feb. 6, 1942, ch. 44, § 1, 56 Stat. 51; Apr. 29, 1943, ch. 80, 57 Stat. 69; Oct. 17, 1951, ch. 511, 65 Stat. 422; Mar. 31, 1955, ch. 21, §§ 3, 4, 69 Stat. 24; Aug. 11, 1955, ch. 789, 69 Stat. 670; Aug. 11, 1955, ch. 799, 69 Stat. 684; Pub. L. 85–489, § 1, July 2, 1958, 72 Stat. 291; Feb. 16, 1938, ch. 30, title III, § 378(d), as added Pub. L. 85–835, title V, § 501, Aug. 28, 1958, 72 Stat. 995; Pub. L. 89–12, § 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, § 314, 52 Stat. 48; Aug. 7, 1939, ch. 565, 53 Stat. 1262; June 13, 1940, ch. 360, § 5, 54 Stat. 393; Feb. 19, 1946, ch. 31, § 2, 60 Stat. 21; June 22, 1954, ch. 339, 68 Stat. 270; Mar. 31, 1955, ch. 21, § 5, 69 Stat. 24; Pub. L. 97–218, title I, § 103, title II, § 206(a), July 20, 1982, 96 Stat. 201, 2
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1314b, act Feb. 16, 1938, ch. 30, title III, § 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, §§ 1, 2, Aug. 20, 1964, 78 Stat. 581; Pub. L. 89–29, May 27, 1965, 79 Stat. 118; Pub. L. 89–321, title VII, § 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, § 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91–284, §§ 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, § 201, July 20, 1982, 96 Stat. 201; Pub. L. 98–180, title II, §§ 205(a), 206, Nov. 29, 1983, 97 Stat. 1145, 1147; Pub. L. 100–203, title I, § 1112(a), Dec. 22, 1987, 101 Stat. 1330–7; Pub. L. 101–134, § 2(b), Oct. 30, 1989, 103 Stat. 781; Pub. L. 106–78, title VIII, § 803(c)(6)(A), (B), Oct. 22, 1999, 113 Stat. 1177, 1178; Pub. L. 107–171, title I, § 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, § 316A, as added Pub. L. 97–218, title II, § 202, July 20, 1982, 96 Stat. 205; amended Pub. L. 98–180, title II, § 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, § 316B, as added Pub. L. 97–218, tit
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts July 12, 1952, ch. 709, 66 Stat. 597; Mar. 31, 1955, ch. 21, § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section518&num=0&edition=prelim).
#### 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section515&num=0&edition=prelim).
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