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7 U.S.C. § 1334 — Legislative finding of effect on interstate and foreign commerce and necessity of regulation
Federal law — U.S. Code and appendices · legal_authorities
Wheat is a basic source of food for the Nation, is produced throughout the United States by more than a million farmers, is sold on the country-wide market and, as wheat or flour, flows almost entirely through instrumentalities of interstate and foreign commerce from producers to consumers.
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Source location: Title 7, Chapter 35, § 1334; chapter-035-agricultural-adjustment-act-of-1938.md
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Wheat is a basic source of food for the Nation, is produced throughout the United States by more than a million farmers, is sold on the country-wide market and, as wheat or flour, flows almost entirely through instrumentalities of interstate and foreign commerce from producers to consumers.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections provided for establishment of a commercial corn-producing area and corn acreage allotments, which were discontinued. See sections 1329a, 1444a, and 1444b of this title.
Section 1327, acts Feb. 16, 1938, ch. 30, title III, § 327, 52 Stat. 51; Aug. 28, 1954, ch. 1041, title III, § 304, 68 Stat. 903, provided for proclamation of commercial corn-producing area not later than February 1 of each year.
Section 1328, acts Feb. 16, 1938, ch. 30, title III, § 328, 52 Stat. 52; Apr. 7, 1938, ch. 107, § 6, 52 Stat. 202; July 3, 1948, ch. 827, title II, § 207(a), 62 Stat. 1257; Oct. 31, 1949, ch. 792, title IV, § 409(f), 63 Stat. 1057; Aug. 28, 1954, ch. 1041, title III, § 305, 68 Stat. 903, provided for establishment of acreage allotment of corn for each calendar year and proclamation of such acreage allotment not later than February 1 of each year.
Section 1329, acts Feb. 16, 1938, ch. 30, title III, § 329, 52 Stat. 52; Aug. 28, 1954, ch. 1041, title III, § 306, 68 Stat. 903, provided for apportionment of acreage allotment for corn.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Complaints by Secretary of Agriculture; notice of hearings** The Secretary of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard.
**(b) Secretary as party to proceedings** If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Board shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Board’s determination. The liability of the Secretary in any such case shall extend only to liability for court costs.
**(c) Utilization of records, services, etc., of Department of Agriculture** For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture.
**(d) Cooperation with complaining farm associations** The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.
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Federal law — U.S. Code and appendices · legal_authorities
In the establishment of State, county, and farm acreage allotments for wheat under the Agricultural Adjustment Act of 1938, as amended [[7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.], the acreage which is determined under regulations of the Secretary to have been diverted from the production of wheat under the special programs formulated pursuant to section 307 of this Act, section 339 of the Agricultural Adjustment Act of 1938, as amended [[7 U.S.C. 1339](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1339&num=0&edition=prelim)], and section 124 of the Agricultural Act of 1961, shall be credited to the State, county, and farm as though such acreage had actually been devoted to the production of wheat.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the provisions of the Agricultural Adjustment Act of 1938, as amended [[7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.] (hereinafter referred to as the Act)—
(1) The farm marketing quota for any crop of wheat shall be the actual production of the acreage planted to such crop of wheat on the farm less the farm marketing excess. The farm marketing excess shall be an amount equal to twice the projected farm yield multiplied by the number of acres of such crop of wheat on the farm in excess of the farm acreage allotment for such crop unless the producer, in accordance with regulations issued by the Secretary and within the time prescribed therein, establishes to the satisfaction of the Secretary the actual production of such crop of wheat on the farm. If such actual production is so established, the farm marketing excess shall be an amount equal to the actual production of the number of acres of wheat on the farm in excess of the farm acreage allotment for such crop. In determining the farm marketing quota and farm marketing excess, any acreage of wheat remaining after the date prescribed by the Secretary for the disposal of excess acres of wheat shall be included as acreage of wheat on the farm, and the production thereof shall be appraised in such manner as the Secretary determines will provide a reasonably accurate estimate of such production. Any acreage of wheat disposed of in accordance with regulations issued by the Secretary prior to such date as may be prescribed by the Secretary shall be excluded in determining the farm marketing quota and farm marketing excess. Self-seeded (volunteer) wheat shall be included in determining the acreage of wheat. Marketing quotas for any
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Federal law — U.S. Code and appendices · legal_authorities
Page 623
TITLE 7—AGRICULTURE
§ 1334
ment for each crop of wheat. See Effective and Termi-
nation Dates of 1985 Amendment note below.
1965—Pub. L. 89–321 substituted projected national
yield for expected yield in the determination of the
basis to be used in arriving at the national acreage al-
lotment, inserted limiting parenthetical reference to
acreage other than that harvested because of program
incentives, and struck out references to expected pro-
duction on the increases in acreage allotments for
farms based upon small-farm base acreages pursuant to
section 1335 of this title and to the expected production
on the increased acreages resulting from the small-
farm exemption pursuant to section 1335 of this title.
1962—Pub. L. 87–703 substituted provision for procla-
mation of a national acreage allotment at the time of
proclamation of the national marketing quota in an
amount that would be the number of acres which on the
basis of expected yields would, together with the ex-
pected production on increases in acreage allotments
for small farms and on increased acreages resulting
from the small-farm exemption, make available a sup-
ply equal to the national marketing quota for provision
for determination of the national acreage allotment as
such acreage as on the basis of the national average
yield would produce an amount, which, with estimated
carryover and imports, would make available a supply
equal to a normal year’s domestic consumption and ex-
ports plus 30 per centum and prescribing a national
acreage allotment for wheat for 1938 at sixty-two mil-
lion five hundred thousand acres and for any year at
not less than fifty-five million acres.
1948—Act July 3, 1948, required the Secretary to take
imports into consideration in determining acreag
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