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7 U.S.C. § 7202 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Agricultural Act of 1949** — Except in [section 7301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301&num=0&edition=prelim), 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 prior to the suspensions under [section 7301(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301/b/1&num=0&edition=prelim).
(2) **Considered planted** — The term “considered planted” means acreage that is considered planted under title V of the Agricultural Act of 1949 ([7 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1461&num=0&edition=prelim) et seq.) and such other acreage as the Secretary considers fair and equitable.
(3) **Contract** — The terms “contract” and “production flexibility contract” mean a production flexibility contract entered into under [section 7211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7211&num=0&edition=prelim).
(4) **Contract acreage** — The term “contract acreage” means 1 or more crop acreage bases established for contract commodities under title V of the Agricultural Act of 1949 ([7 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1461&num=0&edition=prelim) et seq.) that would have been in effect for the 1996 crop (but for suspension under [section 7301(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301/b/1&num=0&edition=prelim)).
(5) **Contract commodity** — The term “contract commodity” means wheat, corn, grain
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Source location: Title 7, Chapter 100, § 7202; chapter-100-agricultural-market-transition.md
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In this chapter:
(1) **Agricultural Act of 1949** — Except in [section 7301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301&num=0&edition=prelim), 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 prior to the suspensions under [section 7301(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301/b/1&num=0&edition=prelim).
(2) **Considered planted** — The term “considered planted” means acreage that is considered planted under title V of the Agricultural Act of 1949 ([7 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1461&num=0&edition=prelim) et seq.) and such other acreage as the Secretary considers fair and equitable.
(3) **Contract** — The terms “contract” and “production flexibility contract” mean a production flexibility contract entered into under [section 7211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7211&num=0&edition=prelim).
(4) **Contract acreage** — The term “contract acreage” means 1 or more crop acreage bases established for contract commodities under title V of the Agricultural Act of 1949 ([7 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1461&num=0&edition=prelim) et seq.) that would have been in effect for the 1996 crop (but for suspension under [section 7301(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301/b/1&num=0&edition=prelim)).
(5) **Contract commodity** — The term “contract commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, and rice.
(6) **Contract payment** — The term “contract payment” means a payment made under this subchapter 11 So in original. Probably should be “chapter”. pursuant to a contract.
(7) **Department** — The term “Department” means the Department of Agriculture.
(8) **Extra long staple cotton** — The term “extra long staple cotton” means cotton that—
(A) is produced from pure strain varieties of the Barbadense species or any hybrid thereof, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and
(B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes.
(9) **Farm program payment yield** — The term “farm program payment yield” means the farm program payment yield established for the 1995 crop of a contract commodity under section 505 of the Agricultural Act of 1949 ([7 U.S.C. 1465](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1465&num=0&edition=prelim)). The Secretary shall adjust the farm program payment yield for the 1995 crop of a contract commodity to account for any additional yield payments made with respect to that crop under subsection (b)(2) of the section.
(10) **Loan commodity** — The term “loan commodity” means each contract commodity, extra long staple cotton, and oilseed.
(11) **Oilseed** — The term “oilseed” means a crop of soybeans, sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, or, if designated by the Secretary, other oilseeds.
(12) **Producer** — The term “producer” means an owner, operator, landlord, tenant, or sharecropper who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract.
(13) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
(14) **State** — The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
(15) **United States** — The term “United States”, when used in a geographical sense, means all of the States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Offer and terms** The Secretary shall offer to enter into a production flexibility contract with an eligible owner or producer described in subsection (b) on a farm containing eligible cropland. Under the terms of a contract, the owner or producer shall agree, in exchange for annual contract payments, to—
(1) comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ([16 U.S.C. 3811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3811&num=0&edition=prelim) et seq.);
(2) comply with applicable wetland protection requirements under subtitle C of title XII of the Act ([16 U.S.C. 3821](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3821&num=0&edition=prelim) et seq.);
(3) comply with the planting flexibility requirements of [section 7218 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7218&num=0&edition=prelim); and
(4) use the land subject to the contract for an agricultural or related activity, but not for a nonagricultural commercial or industrial use, as determined by the Secretary.
**(b) Eligible owners and producers described** The following producers and owners shall be eligible to enter into a contract:
(1) An owner of eligible cropland who assumes all or a part of the risk of producing a crop.
(2) A producer (other than an owner) on eligible cropland with a share-rent lease of the eligible cropland, regardless of the length of the lease, if the owner enters into the same contract.
(3) A producer (other than an owner) on eligible cropland who cash rents the eligible cropland under a lease expiring on or after September 30, 2002, in which case the owner is not required to enter into the contract.
(4)
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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) 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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Election by owner of base acres calculation method**
(1) **Alternative calculation methods** — For the purpose of making direct payments and counter-cyclical payments with respect to a farm, the Secretary shall give an owner of the farm an opportunity to elect 1 of the following as the method by which the base acres of all covered commodities on the farm are to be determined:
(A) Subject to paragraphs (3) and (4), the 4-year average of the following:
(i) Acreage planted on the farm to covered commodities for harvest, grazing, haying, silage, or other similar purposes for the 1998 through 2001 crop years.
(ii) Any acreage on the farm that the producers were prevented from planting during the 1998 through 2001 crop years to covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary.
(B) Subject to paragraph (3), the sum of the following:
(i) The contract acreage (as defined in [section 7202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7202&num=0&edition=prelim)) used by the Secretary to calculate the fiscal year 2002 payment authorized under [section 7214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7214&num=0&edition=prelim) for the covered commodities on the farm.
(ii) The 4-year average of eligible oilseed acreage on the farm for the 1998 through 2001 crop years, as determined by the Secretary under paragraph (2).
(2) **Eligible oilseed acreage**
(A) *Calculation* — For purposes of paragraph (1)(B)(ii), the eligible acreage for each oilseed on a farm during each of the 1998 through 2001 crop years shall be determined in the manner provided in p
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permitted crops** Subject to subsection (b), any commodity or crop may be planted on base acres on a farm.
**(b) Limitations regarding certain commodities**
(1) **General limitation** — The planting of an agricultural commodity specified in paragraph (3) shall be prohibited on base acres unless the commodity, if planted, is destroyed before harvest.
(2) **Treatment of trees and other perennials** — The planting of an agricultural commodity specified in paragraph (3) that is produced on a tree or other perennial plant shall be prohibited on base acres.
(3) **Covered agricultural commodities** — Paragraphs (1) and (2) apply to the following agricultural commodities:
(A) Fruits.
(B) Vegetables (other than lentils, mung beans, and dry peas).
(C) Wild rice.
**(c) Exceptions** Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection—
(1) in any region in which there is a history of double-cropping of covered commodities with agricultural commodities specified in subsection (b)(3), as determined by the Secretary, in which case the double-cropping shall be permitted;
(2) on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on base acres, except that direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or
(3) by the producers on a farm that the Secretary determines has an established planting history of a specific agricultural commodity specified in subsection (b)(3), except that—
(A) the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1
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Federal law — U.S. Code and appendices · legal_authorities
Page 701
TITLE 7—AGRICULTURE
§ 1421
Sec.
1430.
Retroactive effect.
1431.
Disposition of commodities to prevent
waste.
1431a.
Cotton donations to educational institu-
tions.
1431b.
Distribution of surplus commodities to
other United States areas.
1431c.
Enrichment and packaging of cornmeal,
grits, rice, and white flour available
for distribution.
1431d.
Donations for school feeding programs
abroad; student financing; priorities.
1431e.
Distribution of surplus commodities to
special nutrition projects; reprocessing
agreements with private companies.
1431f.
Assistance to foreign countries to miti-
gate effects of HIV and AIDS.
1432.
Extension of price support on long staple
cotton seeds and products.
1433.
Repealed.
1433a.
Forgiveness of violations; determina-
tions.
1433b.
Processing of surplus agricultural com-
modities into liquid fuels and agricul-
tural commodity byproducts.
1433c.
Advance recourse commodity loans.
1433c–1.
Advance recourse loans.
1433d to 1433f. Omitted or Repealed.
1434.
Encouragement of production of crops of
which United States is a net importer
and for which price support programs
are not in effect; authority to plant on
set-aside acreage with no reduction in
payment rate.
1435.
Production of commodities for conver-
sion into alcohol or hydrocarbons for
use as motor fuels or other fuels; terms
and conditions; determinations; pay-
ments, etc., for program.
1436.
Reimbursement of appropriations avail-
able for classing or grading agriculture
commodities without charge.
1436a.
Transfer of nonadministrative funds of
Commodity
Credit
Corporation
for
classing and grading purposes.
SUBCHAPTER II—BASIC AGRICULTURAL
COMMODITIES
1441.
Price support levels.
1441–1.
Omitted.
1441–1a.
Marketing
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
Page 787
TITLE 7—AGRICULTURE
§§ 1461 to 1469
Not more than 102 ...........................................
90
More than 102 but not more than 104 ..............
89
More than 104 but not more than 106 ..............
88
More than 106 but not more than 108 ..............
87
More than 108 but not more than 110 ..............
86
More than 110 but not more than 112 ..............
85
More than 112 but not more than 114 ..............
84
More than 114 but not more than 116 ..............
83
More than 116 but not more than 118 ..............
82
More than 118 but not more than 120 ..............
81
More than 120 but not more than 122 ..............
80
More than 122 but not more than 124 ..............
79
More than 124 but not more than 126 ..............
78
More than 126 but not more than 128 ..............
77
More than 128 but not more than 130 ..............
76
More than 130 ..................................................
75
Provided, That the level of price support may
be less than the minimum level provided in the
foregoing table if the Secretary, after examina-
tion of the availability of funds for mandatory
price support programs and consideration of the
other factors specified in section 1421(b) of this
title, determines that such lower level is desir-
able and proper.
(Oct. 31, 1949, ch. 792, title III, § 302, 63 Stat. 1053.)
Statutory Notes and Related Subsidiaries
INAPPLICABILITY OF SECTION
Section inapplicable to 2014 through 2018 crops of cov-
ered commodities, cotton, and sugar and inapplicable
to milk during period beginning Feb. 7, 2014, through
Dec. 31, 2018, see section 9092(b)(9) of this title.
Section inapplicable to 2008 through 2012 crops of cov-
ered commodities, peanuts, and sugar and inapplicable
to milk during period beginning June 18, 2008
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1461
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Federal law — U.S. Code and appendices · legal_authorities
Page 1970
TITLE 7—AGRICULTURE
§ 7201
1 So in original. Probably should be ‘‘chapter’’.
Sec.
7302.
Effect of chapter.
SUBCHAPTER VII—COMMISSION ON 21ST CENTURY
PRODUCTION AGRICULTURE
7311.
Establishment.
7312.
Composition.
7313.
Comprehensive review of past and future of
production agriculture.
7314.
Reports.
7315.
Powers.
7316.
Commission procedures.
7317.
Personnel matters.
7318.
Termination of Commission.
SUBCHAPTER VIII—MISCELLANEOUS COMMODITY
PROVISIONS
7331.
Options pilot program.
7332.
Risk management education.
7333.
Administration and operation of noninsured
crop assistance program.
7334.
Repealed.
SUBCHAPTER I—SHORT TITLE, PURPOSE,
AND DEFINITIONS
§ 7201. Short title and purpose
(a) Short title
This chapter may be cited as the ‘‘Agricul-
tural Market Transition Act’’.
(b) Purpose
It is the purpose of this chapter—
(1) to authorize the use of binding produc-
tion flexibility contracts between the United
States and agricultural producers to support
farming certainty and flexibility while ensur-
ing continued compliance with farm conserva-
tion and wetland protection requirements;
(2) to make nonrecourse marketing assist-
ance loans and loan deficiency payments
available for certain crops;
(3) to improve the operation of farm pro-
grams for milk, peanuts, and sugar; and
(4) to establish a commission to undertake a
comprehensive review of past and future pro-
duction agriculture in the United States.
(Pub. L. 104–127, title I, § 101, Apr. 4, 1996, 110
Stat. 896.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title I of Pub. L. 104–127, Apr. 4,
1996, 110 Stat. 896, which enacted this chapter and sec-
tion 6933 of this title, amended sections 1308,
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7202
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