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7 U.S.C. § 1445k — Payments in commodities
Federal law — U.S. Code and appendices · legal_authorities
**(a) In-kind payments by Secretary** In making in-kind payments under any of the annual programs for wheat, feed grains, upland cotton, or rice (other than negotiable marketing certificates for upland cotton or rice), the Secretary may—
(1) acquire and use like commodities that have been pledged to the Commodity Credit Corporation as security for price support loans, including loans made to producers under [section 1445e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1445e&num=0&edition=prelim); and
(2) use other like commodities owned by the Commodity Credit Corporation.
**(b) Methods of payments** The Secretary may make in-kind payments—
(1) by delivery of the commodity to the producer at a warehouse or other similar facility, as determined by the Secretary;
(2) by the transfer of negotiable warehouse receipts;
(3) by the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for a commodity in accordance with regulations prescribed by the Secretary; or
(4) by such other methods as the Secretary determines appropriate to enable the producer to receive payments in an efficient, equitable, and expeditious manner so as to ensure that the producer receives the same total return as if the payments had been made in cash.
**(c) Commodity certificates** The Secretary shall pay interest on the cash redemption of a commodity certificate issued by the Secretary to a producer who holds the certificate for at least 150 days. This subsection shall not apply with respect to commodity certificates issued in connection with the export enhancement program or the marketing promotion program established under the Agricultural Trade Act of 1978.
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Source file: Laws/federal/codes/united-states-code/title-7/section-1445k-payments-in-commodities--1fcc11da5a.md
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Source location: Title 7, Chapter 35A, § 1445k; chapter-35a-price-support-of-agricultural-commodities.md
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**(a) In-kind payments by Secretary** In making in-kind payments under any of the annual programs for wheat, feed grains, upland cotton, or rice (other than negotiable marketing certificates for upland cotton or rice), the Secretary may—
(1) acquire and use like commodities that have been pledged to the Commodity Credit Corporation as security for price support loans, including loans made to producers under [section 1445e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1445e&num=0&edition=prelim); and
(2) use other like commodities owned by the Commodity Credit Corporation.
**(b) Methods of payments** The Secretary may make in-kind payments—
(1) by delivery of the commodity to the producer at a warehouse or other similar facility, as determined by the Secretary;
(2) by the transfer of negotiable warehouse receipts;
(3) by the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for a commodity in accordance with regulations prescribed by the Secretary; or
(4) by such other methods as the Secretary determines appropriate to enable the producer to receive payments in an efficient, equitable, and expeditious manner so as to ensure that the producer receives the same total return as if the payments had been made in cash.
**(c) Commodity certificates** The Secretary shall pay interest on the cash redemption of a commodity certificate issued by the Secretary to a producer who holds the certificate for at least 150 days. This subsection shall not apply with respect to commodity certificates issued in connection with the export enhancement program or the marketing promotion program established under the Agricultural Trade Act of 1978.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this chapter to increase the profitability of farming and to increase opportunities for United States farms and agricultural enterprises by—
(1) increasing the effectiveness of the Department of Agriculture in agricultural export policy formulation and implementation;
(2) improving the competitiveness of United States agricultural commodities and products in the world market; and
(3) providing for the coordination and efficient implementation of all agricultural export programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 5601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall formulate and administer a farmer owned reserve program under which producers of wheat and feed grains will be able to store wheat and feed grains when the commodities are in abundant supply, extend the time period for the orderly marketing of the commodities, and provide for adequate carryover stocks to ensure a reliable supply of the commodities.
**(b) Terms of program**
(1) **Price support loans** — In carrying out this program, the Secretary shall provide extended price support loans for wheat and feed grains. An extended loan shall only be made to a producer after the expiration of a 9-month price support loan (hereafter in this section referred to as the “original loan”) made in accordance with this subchapter.
(2) **Level of loans** — Loans made under this section shall not be less than the then current level of support under the wheat and feed grain programs established under this subchapter.
(3) **Other terms and conditions** — The Secretary shall provide for—
(A) repayment of the extended price support loan 27 months from the date on which the original loan expired unless, at the discretion of the Secretary, the loan has been extended for one 6-month period;
(B) a rate of interest as provided under subsection (c); and
(C) payments to producers for storage as provided in subsection (d).
(4) **Regional differences** — The Secretary shall ensure that producers are afforded a fair and equitable opportunity to participate in the program established under this section, taking into account regional differences in the time of harvest.
**(c) Interest charges**
(1) **Levying of interest** — The Secretary may charge interest on loans under this section whenever the price of wheat or feed grains is equal to or exceeds
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1445e
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act Oct. 31, 1949, ch. 792, title I, § 107E, as added Dec. 23, 1985, Pub. L. 99–198, title X, § 1005, 99 Stat. 1448, and amended, which related to payments in commodities, was renumbered section 115 of act Oct. 31, 1949, by Pub. L. 101–624, title XI, § 1161(a)(1), Nov. 28, 1990, 104 Stat. 3520, and transferred to [section 1445k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1445k&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1445b–4
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agricultural Adjustment Act of 1938** 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 2002 through 2007 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on May 13, 2002, through December 31, 2007:
(1) 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].
(2) In the case of upland cotton, section 377 ([7 U.S.C. 1377](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1377&num=0&edition=prelim)).
(3) Subtitle D of title III ([7 U.S.C. 1379a–137](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1379a–137&num=0&edition=prelim)9j).
(4) Title IV ([7 U.S.C. 1401–140](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1401–140&num=0&edition=prelim)7).
**(b) Agricultural Act of 1949** The following provisions of 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.] shall not be applicable to the 2002 through 2007 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on May 13, 2002, and through December 31, 2007:
(1) Section 101 ([7 U.S.C. 1441](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7993
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agricultural Adjustment Act of 1938** 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 2008 through 2012 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2012:
(1) Parts II through V of subtitle B of title III ([7 U.S.C. 1326](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1326&num=0&edition=prelim) et seq.) [[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].
(2) In the case of upland cotton, section 377 ([7 U.S.C. 1377](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1377&num=0&edition=prelim)).
(3) Subtitle D of title III ([7 U.S.C. 1379a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1379a&num=0&edition=prelim) et seq.).
(4) Title IV ([7 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1401&num=0&edition=prelim) et seq.).
**(b) Agricultural Act of 1949** The following provisions of 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.] shall not be applicable to the 2008 through 2012 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act and through December 31, 2012:
(1) Section 101 ([7 U.S.C. 1441](https://uscode.house.gov/view.xhtml?re
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8784
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agricultural Adjustment Act of 1938** 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 2014 through 2023 crops of covered commodities (as defined in [section 9011 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9011&num=0&edition=prelim)), cotton, and sugar and shall not be applicable to milk during the period beginning on February 7, 2014, through December 31, 2023:
(1) Parts II through V of subtitle B of title III ([7 U.S.C. 1326](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1326&num=0&edition=prelim) et seq.) [[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].
(2) In the case of upland cotton, section 377 ([7 U.S.C. 1377](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1377&num=0&edition=prelim)).
(3) Subtitle D of title III ([7 U.S.C. 1379a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1379a&num=0&edition=prelim) et seq.).
(4) Title IV ([7 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1401&num=0&edition=prelim) et seq.).
**(b) Agricultural Act of 1949** The following provisions of 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.] shall not be applicable to the 2014 through 2023 crops of covered commodities (as defined in [section 9011 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9093
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Federal law — U.S. Code and appendices · legal_authorities
Page 773
TITLE 7—AGRICULTURE
§ 1445k
‘‘(A) the producers received an advance deficiency
payment for the 1988 or 1989 crop of a commodity
under section 107C(a) of the Agricultural Act of 1949
(7 U.S.C. 1445b–2(a));
‘‘(B) the producers are required to provide a refund
of at least $1,500 under subparagraph (G) or (H) of sec-
tion 107C(a)(2) of such Act with respect to the ad-
vance deficiency payments;
‘‘(C) the producers reside in a county, or in a coun-
ty that is contiguous to a county, where the Sec-
retary of Agriculture has found that farming, ranch-
ing, or aquaculture operations have been substan-
tially affected as evidenced by a reduction in normal
production for the county of at least 30 percent dur-
ing two of the three crop years 1988, 1989, and 1990 by
a natural disaster or by a major disaster or emer-
gency designated by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.); and
‘‘(D) the total quantity of the 1988 or 1989 crop of
the commodity that the producers were able to har-
vest is less than the result of multiplying 65 percent
of the farm payment yield established by the Sec-
retary for the crop by the sum of the acreage planted
for the harvest and the acreage prevented from being
planted (because of the disaster or emergency re-
ferred to in subparagraph (C)) for the crop.’’
ADVANCE DEFICIENCY PAYMENTS
Pub. L. 99–509, title I, § 1021, Oct. 21, 1986, 100 Stat.
1877, required Secretary of Agriculture to make ad-
vance deficiency payments available for 1987 crops of
wheat, feed grains, upland cotton, and rice, and pro-
vided that percentage of projected payment rate used
in computing such payments shall not be less than (1)
40 percent in the case of wheat and feed grains, a
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1445k
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