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7 U.S.C. § 7284 — Personal liability of producers for deficiencies

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7284 — Personal liability of producers for deficiencies

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Source location: Title 7, Chapter 100, § 7284; chapter-100-agricultural-market-transition.md

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**(a) In general** Except as provided in subsection (b), no producer shall be personally liable for any deficiency arising from the sale of the collateral securing any nonrecourse loan made under this chapter 11 So in original. Probably should be followed by a comma. title I of the Farm Security and Rural Investment Act of 2002 [[7 U.S.C. 7901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7901&num=0&edition=prelim) et seq.], title I of the Food, Conservation, and Energy Act of 2008 [[7 U.S.C. 8701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim) et seq.], and title I of the Agricultural Act of 2014 [[7 U.S.C. 9001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9001&num=0&edition=prelim) et seq.] unless the loan was obtained through a fraudulent representation by the producer. **(b) Limitations** Subsection (a) shall not prevent the Commodity Credit Corporation or the Secretary from requiring a producer to assume liability for— (1) a deficiency in the grade, quality, or quantity of a commodity stored on a farm or delivered by the producer; (2) a failure to properly care for and preserve a commodity; or (3) a failure or refusal to deliver a commodity in accordance with a program established under this chapter 1 title I of the Farm Security and Rural Investment Act of 2002 [[7 U.S.C. 7901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7901&num=0&edition=prelim) et seq.], title I of the Food, Conservation, and Energy Act of 2008 [[7 U.S.C. 8701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim) et seq.], and title I of the Agricultural Act of 2014 [[7 U.S.C. 9001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9001&num=0&edition=prelim) et seq.]. **(c) Acquisition of collateral** In the case of a nonrecourse loan made under this chapter 1 title I of the Farm Security and Rural Investment Act of 2002 [[7 U.S.C. 7901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7901&num=0&edition=prelim) et seq.], title I of the Food, Conservation, and Energy Act of 2008 [[7 U.S.C. 8701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim) et seq.], and title I of the Agricultural Act of 2014 [[7 U.S.C. 9001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9001&num=0&edition=prelim) et seq.] or the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), if the Commodity Credit Corporation acquires title to the unredeemed collateral, the Corporation shall be under no obligation to pay for any market value that the collateral may have in excess of the loan indebtedness. **(d) Sugarcane and sugar beets** A security interest obtained by the Commodity Credit Corporation as a result of the execution of a security agreement by the processor of sugarcane or sugar beets shall be superior to all statutory and common law liens on raw cane sugar and refined beet sugar in favor of the producers of sugarcane and sugar beets and all prior recorded and unrecorded liens on the crops of sugarcane and sugar beets from which the sugar was derived.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 714 — Creation and purpose of Corporation

For the purpose of stabilizing, supporting, and protecting farm income and prices, of assisting in the maintenance of balanced and adequate supplies of agricultural commodities, products thereof, foods, feeds, and fibers (hereinafter collectively referred to as “agricultural commodities”), and of facilitating the orderly distribution of agricultural commodities, there is created a body corporate to be known as Commodity Credit Corporation (hereinafter referred to as the “Corporation”), which shall be an agency and instrumentality of the United States, within the Department of Agriculture, subject to the general supervision and direction of the Secretary of Agriculture (hereinafter referred to as the “Secretary”).

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7 U.S.C. § 7901 — Implementation funding and information management

**(a) Additional funds for administrative costs** (1) **In general** — The Secretary of Agriculture, acting through the Farm Service Agency, may use not more than $55,000,000 of funds of the Commodity Credit Corporation to cover administrative costs associated with the implementation of title I and the amendments made by that title. (2) **Availability** — The funds referred to in paragraph (1) shall remain available to the Secretary until expended. (3) **Set-aside** — Of the amount specified in paragraph (1), the Secretary shall use not less than $5,000,000, but not more than $8,000,000, to carry out subsection (b). **(b) Information management** (1) **Development of system** — The Secretary of Agriculture shall develop a comprehensive information management system, using appropriate technologies, to be used in implementing the programs administered by the Federal Crop Insurance Corporation and the Farm Service Agency. (2) **Elements** — The information management system developed under this subsection shall be designed to— (A) improve access by agricultural producers to programs described in paragraph (1); (B) improve and protect the integrity of the information collected; (C) meet the needs of the agencies that require the data in the administration of their programs; (D) improve the timeliness of the collection of the information; (E) contribute to the elimination of duplication of information collection; (F) lower the overall cost to the Department of Agriculture for information collection; and (G) achieve such other goals as the Secretary considers appropriate. (3) **Reconciliation of current information management** — The Secretary shall ensure that all current information of the Federal Crop Insurance Corporation and the Farm Service A

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim). (2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171). **(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c). **(c) Transportation** (1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year. (2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary. (3) **Amount** (A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying— (i) the amount of costs incurred by the geographically di

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7 U.S.C. § 9001 — Implementation

**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title. **(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall— (1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that— (A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary— (i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and (ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture; (B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login; (C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of

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7 U.S.C. § 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.

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7 U.S.C. § 7284 — Personal liability of producers for defi-

Page 1991 TITLE 7—AGRICULTURE § 7284 1 So in original. Probably should be followed by a comma. 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.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- sec. (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 prin- cipally 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 Ta- bles. AMENDMENTS 2002—Subsec. (b). Pub. L. 107–171 substituted ‘‘this chapter and title I of the Farm Security and Rural In- vestment Act of 2002’’ for ‘‘this chapter’’. § 7283. Commodity Credit Corporation interest rate (a) In general Notwithstanding any other provision of law, the monthly Commodity Credit Corporation in- terest rate applicable to loans provided for agri- cultural commodities by the Corporation shall be 100 basis points greater than the rate deter- mined under the applicable interest rate for- mula 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.) Editorial Notes AMENDMENTS 2002—Pub

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7901 — Definitions

Page 2119 TITLE 7—AGRICULTURE § 7901 (b) Administrative expenses Funds appropriated under subsection (a) may not be used for the payment of the expenses or expenditures of the Board in administering a provision of an order. (Pub. L. 106–387, § 1(a) [title XII, § 1214], Oct. 28, 2000, 114 Stat. 1549, 1549A–97.) CHAPTER 106—COMMODITY PROGRAMS Sec. 7901. Definitions. SUBCHAPTER I—DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS 7911. Establishment of base acres and payment acres for a farm. 7912. Establishment of payment yield. 7913. Availability of direct payments. 7914. Availability of counter-cyclical payments. 7915. Producer agreement required as condition of provision of direct payments and counter- cyclical payments. 7916. Planting flexibility. 7917. Relation to remaining payment authority under production flexibility contracts. 7918. Period of effectiveness. SUBCHAPTER II—MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS 7931. Availability of nonrecourse marketing assist- ance loans for loan commodities. 7932. Loan rates for nonrecourse marketing assist- ance loans. 7933. Term of loans. 7934. Repayment of loans. 7935. Loan deficiency payments. 7936. Payments in lieu of loan deficiency payments for grazed acreage. 7937. Special marketing loan provisions for upland cotton. 7938. Special competitive provisions for extra long staple cotton. 7939. Availability of recourse loans for high mois- ture feed grains and seed cotton. SUBCHAPTER III—PEANUTS 7951. Definitions. 7952. Establishment of payment yield and base acres for peanuts for a farm. 7953. Availability of direct payments for peanuts. 7954. Availability of counter-cyclical payments for peanuts. 7955. Producer agreement required as condition on p

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8701 — Definition of Secretary

Page 2219 TITLE 7—AGRICULTURE § 8701 SHORT TITLE Pub. L. 106–224, title III, § 301, June 20, 2000, 114 Stat. 428, which provided that this chapter could be cited as the ‘‘Biomass Research and Development Act of 2000’’, was repealed by Pub. L. 110–234, title IX, § 9001(b), May 22, 2008, 122 Stat. 1333, and Pub. L. 110–246, § 4(a), title IX, § 9001(b), June 18, 2008, 122 Stat. 1664, 2095. [Pub. L. 110–234 and Pub. L. 110–246 repealed Pub. L. 106–224, § 301, formerly set out above. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] CHAPTER 113—AGRICULTURAL COMMODITY SUPPORT PROGRAMS Sec. 8701. Definition of Secretary. 8702. Definitions. SUBCHAPTER I—DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS 8711. Base acres. 8712. Payment yields. 8713 to 8715. Repealed. 8716. Producer agreement required as condition of provision of payments. 8717. Planting flexibility. 8718. Special rule for long grain and medium grain rice. 8719. Period of effectiveness. SUBCHAPTER II—MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS 8731. Availability of nonrecourse marketing assist- ance loans for loan commodities. 8732. Loan rates for nonrecourse marketing assist- ance loans. 8733. Term of loans. 8734. Repayment of loans. 8735. Loan deficiency payments. 8736. Payments in lieu of loan deficiency payments for grazed acreage. 8737. Special marketing loan provisions for upland cotton. 8738. Special competitive provisions for extra long staple cotton. 8739. Availability of recourse loans for high mois- ture feed grains and seed cotton. 8740. Adjustments of loans. SUBCHAPTER III—PEANUTS 8751. Definitions. 8752. Base acres for peanuts for a farm. 8753, 8754. Repealed. 8

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 9001 — Definition of Secretary of Agriculture

Page 2257 TITLE 7—AGRICULTURE § 9001 Sec. 9054. Participation of dairy operations in dairy margin coverage. 9055. Production history of participating dairy op- erations. 9056. Dairy margin coverage payments. 9057. Premiums for dairy margin coverage. 9058. Effect of failure to pay administrative fees or premiums. 9059. Duration. 9060. Administration and enforcement. PART B—MILK DONATION PROGRAM 9071. Milk donation program. 9071a. Dairy donation program. SUBCHAPTER IV—SUPPLEMENTAL AGRICUL- TURAL DISASTER ASSISTANCE PROGRAMS 9081. Supplemental agricultural disaster assist- ance. SUBCHAPTER V—ADMINISTRATION 9091. Administration generally. 9092. Suspension of permanent price support au- thority. 9093. Prevention of deceased individuals receiving payments under farm commodity programs. 9094. Assignment of payments. 9095. Tracking of benefits. 9096. Signature authority. 9097. Implementation. § 9001. Definition of Secretary of Agriculture In this Act, the term ‘‘Secretary’’ means the Secretary of Agriculture. (Pub. L. 113–79, § 2, Feb. 7, 2014, 128 Stat. 658.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 649, known as the Agricultural Act of 2014. For complete classification of this Act to the Code, see Short Title note set out below and Tables. CODIFICATION This section was not enacted as part of title I of Pub. L. 113–79 which comprises this chapter. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–334, § 1(a), Dec. 20, 2018, 132 Stat. 4490, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Agriculture Improvement Act of 2018’.’’ Pub. L. 115–123, div. F, Feb. 9, 2018, 132 Stat. 312, pro- vide

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