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7 U.S.C. § 1340 — Wheat diversion programs; credits in establishment of State, county and farm acreage allotments for wheat
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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Source file: Laws/federal/codes/united-states-code/title-7/section-1340-wheat-diversion-programs-credits-in-establishment-of-state-county-and-fa--c1be7e1f07.md
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Source location: Title 7, Chapter 35, § 1340; chapter-035-agricultural-adjustment-act-of-1938.md
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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
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
If a national marketing quota for wheat for one, two, or three marketing years is proclaimed, the Secretary shall, not later than August 1 of the calendar year in which such national marketing quota is proclaimed, conduct a referendum, by secret ballot, of farmers to determine whether they favor or oppose marketing quotas for the marketing year or years for which proclaimed. Any producer who has a farm acreage allotment shall be eligible to vote in any referendum held pursuant to this section, except that a producer who has a farm acreage allotment of less than fifteen acres shall not be eligible to vote unless the farm operator elected pursuant to [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1335&num=0&edition=prelim) to be subject to the farm marketing quota. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum, and if the Secretary determines that more than one-third of the farmers voting in the referendum voted against marketing quotas, the Secretary shall proclaim that marketing quotas will not be in effect with respect to the crop of wheat produced for harvest in the calendar year following the calendar year in which the referendum is held. If the Secretary determines that two-thirds or more of the farmers voting in a referendum approve marketing quotas for a period of two or three marketing years, no referendum shall be held for the subsequent year or years of such period. Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1986, may be conducted not later than thirty-one days after December 20, 1985.
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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
### Statutory Notes
#### Codification
Section, acts May 26, 1941, ch. 133, 55 Stat. 203; Dec. 26, 1941, ch. 626, § 2, 55 Stat. 860; Dec. 26, 1941, ch. 636, 55 Stat. 872; Aug. 29, 1949, ch. 518, § 3(b), 63 Stat. 676; July 14, 1953, ch. 194, § 3, 67 Stat. 151; Aug. 28, 1954, ch. 1041, title III, § 313, 68 Stat. 905, initially contained supplemental provisions relating to wheat and corn marketing quotas; marketing penalty for cotton and rice; crop loans on cotton, corn, wheat, rice, tobacco, and peanuts, but was amended generally in 1954 to make it inapplicable to corn. See [section 1340 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1340&num=0&edition=prelim).
Section was not enacted as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1333
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Apportionment among States; special acreage reserve** The national allotment for wheat, less a reserve of not to exceed 1 per centum thereof for apportionment as provided in this subsection and less the special acreage reserve provided for in this subsection, shall be apportioned by the Secretary among the States on the basis of the preceding year’s allotment for each such State, including all amounts allotted to the State and including for 1967 the increased acreage in the State allotted for 1966 under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1335&num=0&edition=prelim), adjusted to the extent deemed necessary by the Secretary to establish a fair and equitable apportionment base for each State, taking into consideration established crop rotation practices, estimated decrease in farm allotments because of loss of history, and other relevant factors. The reserve acreage set aside herein for apportionment by the Secretary shall be used (1) to make allotments to counties in addition to the county allotments made under subsection (b) of this section, on the basis of the relative needs of counties for additional allotments because of reclamation and other new areas coming into production of wheat, or (2) to increase the allotment for any county, in which wheat is the principal grain crop produced, on the basis of its relative need for such increase if the average ratio of wheat acreage allotment to cropland on old wheat farms in such county is less by at least 20 per centum than such average ratio on old wheat farms in an adjoining county or counties in which wheat is the principal grain crop produced or if there is a definable contiguous area consisting of at least 10 per centum of the cropland acreage in s
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1334b
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of this subpart, no farm marketing quota for any crop of wheat shall be applicable to any farm with a farm acreage allotment of less than fifteen acres if the acreage of such crop of wheat does not exceed the small-farm base acreage determined for the farm, unless the operator elects in writing on a form and within the time prescribed by the Secretary to be subject to the farm acreage allotment and marketing quota. The small-farm base acreage for a farm shall be the smaller of (A) the average acreage of the crop of wheat planted for harvest in the three years 1959, 1960, and 1961, or such later three-year period, excluding 1963, determined by the Secretary to be representative, with adjustments for abnormal weather conditions, established crop-rotation practices on the farm, and such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable small-farm base acreage, or (B) fifteen acres. The acreage allotment for any farm shall be the larger of (1) the small-farm base acreage determined as provided above on the basis of the three-year period 1959–1961, reduced by the same percentage by which the national acreage allotment for the crop is reduced below fifty-five million acres, or (2) the acreage allotment determined without regard to (1) above. If the operator of any such farm fails to make such election with respect to any crop of wheat, (i) for the purposes of [section 1340 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1340&num=0&edition=prelim), the farm acreage allotment for such crop of wheat shall be deemed to be the larger of (A) the small-farm base acreage or (B) the acreage allotment for the farm, (ii) the land-use provisions
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agricultural Adjustment Act of 1938**
(1) **Suspensions** — The following provisions of 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.] shall not be applicable to the 1996 through 2001 crops of loan commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on April 4, 1996, and ending on December 31, 2002:
(A) Parts II through V of subtitle B of title III ([7 U.S.C. 1326–135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1326–135&num=0&edition=prelim)1) [[7 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1321&num=0&edition=prelim) et seq., 1331 et seq., 1341 et seq., 1351].
(B) Subsections (a) through (j) of section 358 ([7 U.S.C. 1358](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1358&num=0&edition=prelim)).11 See References in Text note below.
(C) Subsections (a) through (h) of section 358a ([7 U.S.C. 1358a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1358a&num=0&edition=prelim)).1
(D) Subsections (a), (b), (d), and (e) of section 358d ([7 U.S.C. 1359](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359&num=0&edition=prelim)).1
(E) Part VII of subtitle B of title III ([7 U.S.C. 1359aa–135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359aa–135&num=0&edition=prelim)9jj).
(F) In the case of peanuts, part I of subtitle C of title III ([7 U.S.C. 1361–136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1361–136&num=0&edition=prelim)8).
(G) In the case of upland cotton, section
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Federal law — U.S. Code and appendices · legal_authorities
Page 585
TITLE 7—AGRICULTURE
§ 1281
Sec.
1349.
Export market acreage.
1350.
National base acreage allotment.
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.
1359cc.
Establishment of flexible marketing allot-
ments.
1359dd.
Allocation of marketing allotments.
1359ee.
Reassignment of deficits.
1359ff.
Provisions applicable to producers.
1359gg.
Special rules.
1359hh.
Regulations; violations; publication of Sec-
retary’s determinations; jurisdiction of the
courts; United States attorneys.
1359ii.
Appeals.
1359jj.
Administration.
1359kk.
Administration of tariff rate quotas.
1359ll.
Period of effectiveness.
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 jurisdic-
tion.
1368.
Effect of increase on other quotas.
SUBPART II—ADJUSTMENT OF QUOTAS AND ENFORCEMENT
1371.
General adjustment of quotas.
1372.
Payment, collection, and refund of penalties.
1373.
Reports and records.
1374.
Measurement of farms and report of plant-
ings; remeasurement.
1375.
Regulations.
1376.
Court jurisdiction; duties of United States at-
torneys; remedies and penalties as addi-
tional.
1377.
Preservation of unused acreage allotments.
1378.
Transfer of acreage allotments ensuing from
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1281
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Federal law — U.S. Code and appendices · legal_authorities
Page 634
TITLE 7—AGRICULTURE
§ 1337
Section inapplicable to 1982 through 1985 crops of
wheat, see section 303 of Pub. L. 97–98, set out as a note
under section 1331 of this title.
Section inapplicable to 1978 through 1981 crops of
wheat, see section 404 of Pub. L. 95–113, set out as a
note under section 1331 of this title.
Pub. L. 91–524, title IV, § 404(1), Nov. 30, 1970, 84 Stat.
1366, as amended by Pub. L. 93–86, § 1(11), Aug. 10, 1973,
87 Stat. 229, provided that this section is not applicable
to 1971 through 1977 crops of wheat.
DATE OF REFERENDUM FOR 1954 CROP
Act July 14, 1953, ch. 194, § 4(b), 67 Stat. 152, provided
that the referendum with respect to 1954 crop of wheat
could be held as late as Aug. 15, 1953.
§ 1337. Repealed. Pub. L. 87–703, title III, § 317,
Sept. 27, 1962, 76 Stat. 622
Section, act Feb. 16, 1938, ch. 30, title III, § 337, 52
Stat. 55, related to adjustment and suspension of
quotas.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective only with respect to programs appli-
cable to crops planted for harvest in calendar year 1964
or any subsequent year and marketing years beginning
in calendar year 1964, or any subsequent year, see sec-
tion 323 of Pub. L. 87–703, set out as a note under sec-
tion 1301 of this title.
§ 1338. Transfer of quotas
Farm marketing quotas for wheat shall not be
transferable, but, in accordance with regula-
tions prescribed by the Secretary for such pur-
pose, any farm marketing quota in excess of the
supply of wheat for such farm for any marketing
year may be allocated to other farms on which
the acreage allotment has not been exceeded.
(Feb. 16, 1938, ch. 30, title III, § 338, 52 Stat. 55;
Pub. L. 99–198, title III, § 307, Dec. 23, 1985, 99
Stat. 1382.)
Editor
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Federal law — U.S. Code and appendices · legal_authorities
Page 638
TITLE 7—AGRICULTURE
§ 1340
Editorial Notes
REFERENCES IN TEXT
The wheat program under title IV of this Act, the
feed grain program under title V of this Act, and the
cotton program under title VI of this Act, referred to
in subsec. (a), mean the programs for such crops as set
out in the Agricultural Act of 1970, Pub. L. 91–524, Nov.
30, 1970, 84 Stat. 1358. Title IV of that Act enacted sec-
tion 1334a–1 of this title, amended sections 1301, 1305,
1306, 1378, 1379, 1379b, 1379c, 1379d, 1379e, 1379g, 1385, 1427,
1428, and 1445a of this title, and enacted provisions set
out as notes under sections 1301, 1305, 1306, 1330 to 1334,
1335, 1336, 1338, 1339, and 1379c of this title. Title V of
that Act amended section 1444b of this title and provi-
sions set out as a note under section 1444b of this title.
Title VI of that Act enacted sections 1342a, 1350a, and
2119 of this title, amended sections 1305, 1344b, 1350,
1374, 1378, 1379, 1385, 1427, 1428, 1444, and 1444a of this
title, and enacted provisions set out as notes under sec-
tions 1305, 1342, 1342a, 1343, 1344, 1344b, 1345, 1346, 1377,
1378, 1379, 1385, 1427, 1428, 1444, and 1446d of this title.
For complete classification of this Act to the Code, see
Short Title of 1970 Amendment note set out under sec-
tion 1281 of this title and Tables.
CODIFICATION
Section was enacted as part of the Agricultural Act
of 1970, and not as part of the Agricultural Adjustment
Act of 1938 which comprises this chapter.
§ 1340.
Supplemental
provisions
relating
to
wheat marketing quotas; marketing penalty
for rice; crop loans on cotton, wheat, rice, to-
bacco, and peanuts
Notwithstanding the provisions of the Agricul-
tural Adjustment Act of 1938, as amended [7
U.S.C. 1281 et seq.] (hereinafter referred
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1340
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