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7 U.S.C. § 1344 — National marketing quota; proclamation; amount; date of proclamation
Federal law — U.S. Code and appendices · legal_authorities
Whenever during any calendar year the Secretary determines that the total supply of cotton for the marketing year beginning in such calendar year will exceed the normal supply for such marketing year, the Secretary shall proclaim such fact and a national marketing quota shall be in effect for the crop of cotton produced in the next calendar year. The Secretary shall also determine and specify in such proclamation the amount of the national marketing quota in terms of the number of bales of cotton (standard bales of five hundred pounds gross weight) adequate, together with (1) the estimated carry-over at the beginning of the marketing year which begins in the next calendar year and (2) the estimated imports during such marketing year, to make available a normal supply of cotton: Provided, That beginning with the 1961 crop, the national marketing quota shall be not less than a number of bales equal to the estimated domestic consumption and estimated exports (less estimated imports) for the marketing year for which the quota is proclaimed, except that the Secretary shall make such adjustment in the amount of such quota as he determines necessary after taking into consideration the estimated stocks of cotton in the United States (including the qualities of such stocks) and stocks in foreign countries which would be available for the marketing year for which the quota is being proclaimed if no adjustment of such quota is made hereunder, to assure the maintenance of adequate but not excessive stocks in the United States to provide a continuous and stable supply of the different qualities of cotton needed in the United States and in foreign cotton consuming countries, and for purposes of national security; but the Secretary, in making such adjustments, may not reduce the natio
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Source file: Laws/federal/codes/united-states-code/title-7/section-1344-national-marketing-quota-proclamation-amount-date-of-proclamation--bd83b0c98b.md
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Source location: Title 7, Chapter 35, § 1344; chapter-035-agricultural-adjustment-act-of-1938.md
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Whenever during any calendar year the Secretary determines that the total supply of cotton for the marketing year beginning in such calendar year will exceed the normal supply for such marketing year, the Secretary shall proclaim such fact and a national marketing quota shall be in effect for the crop of cotton produced in the next calendar year. The Secretary shall also determine and specify in such proclamation the amount of the national marketing quota in terms of the number of bales of cotton (standard bales of five hundred pounds gross weight) adequate, together with (1) the estimated carry-over at the beginning of the marketing year which begins in the next calendar year and (2) the estimated imports during such marketing year, to make available a normal supply of cotton: Provided, That beginning with the 1961 crop, the national marketing quota shall be not less than a number of bales equal to the estimated domestic consumption and estimated exports (less estimated imports) for the marketing year for which the quota is proclaimed, except that the Secretary shall make such adjustment in the amount of such quota as he determines necessary after taking into consideration the estimated stocks of cotton in the United States (including the qualities of such stocks) and stocks in foreign countries which would be available for the marketing year for which the quota is being proclaimed if no adjustment of such quota is made hereunder, to assure the maintenance of adequate but not excessive stocks in the United States to provide a continuous and stable supply of the different qualities of cotton needed in the United States and in foreign cotton consuming countries, and for purposes of national security; but the Secretary, in making such adjustments, may not reduce the national marketing quota for any year below (i) one million bales less than the estimated domestic consumption and estimated exports for the marketing year for which such quota is being proclaimed, or (ii) ten million bales, whichever is larger. Such proclamation shall be made not later than October 15 of the calendar year in which such determination is made. Notwithstanding the foregoing provisions of this section, the national marketing quota for cotton for 1957 and 1958 shall be not less than the number of bales required to provide a national acreage allotment for 1957 and 1958 equal to the national acreage allotment for 1956: Provided, That if the acreage allotment for any State for 1957 or 1958 is less than its allotment for the preceding year by more than 1 per centum, such State allotment shall be increased so that the reduction shall not exceed 1 per centum per annum, and the acreage required for such increase shall be in addition to the national acreage allotment for such year. Additional acreage apportioned to a State for 1957 or 1958 under the foregoing proviso shall not be taken into account in establishing future State allotments. Notwithstanding any other provision of this chapter, the national marketing quota for upland cotton for 1959 and subsequent years shall be not less than the number of bales required to provide a national acreage allotment for each such year of sixteen million acres.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, the Secretary shall permit any producer who is participating in the wheat program under title IV of this Act, in the feed grain program under title V of this Act, or in the cotton program under title VI of this Act, in any year in which an acreage diversion or set-aside program is in effect, under any such program in which such producer is participating, subject to the conditions prescribed in subsection (b) of this section, to plant and harvest hay from 25 per centum of the acreage on the farm diverted from production under such programs or twenty-five acres, whichever is greater.
**(b)** Any producer who elects to plant and harvest hay on diverted or set aside acreage pursuant to this section shall first agree not to use any such hay harvested from such acreage unless authorized to do so by the Secretary.
**(c)** When any diverted or set aside acreage has been planted and harvested under authority of this section, the hay harvested therefrom shall be baled and stored in sealed storage on the farm in accordance with such regulations as the Secretary may prescribe and shall be available only for use during periods of emergency declared by the Secretary. In order to avoid deterioration of such hay stored on the farm for emergency purposes pursuant to this section, the Secretary may permit such hay to be removed and used or sold from time to time so long as an amount of hay equal to the amount removed is previously placed in storage and sealed.
**(d)** Any farmer who has hay stored on his farm for emergency purposes pursuant to this section may remove such hay from storage and use it whenever the Secretary has (1) designated as an emergency area the area in which such farm is located, and (2) specifically authorized t
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1342
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Federal law — U.S. Code and appendices · legal_authorities
The several district courts of the United States are vested with jurisdiction specifically to enforce the provisions of this subchapter. If and when the Secretary shall so request, it shall be the duty of the several United States attorneys in their respective districts, under the direction of the Attorney General, to institute proceedings to collect the penalties provided in this subchapter. The remedies and penalties provided for herein shall be in addition to, and not exclusive of, any of the remedies or penalties under existing law. This section also shall be applicable to liquidated damages provided for pursuant to [section 1349 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1349&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1379
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever farm marketing quotas are in effect with respect to any crop of cotton, the producer shall be subject to a penalty on the farm marketing excess at a rate per pound equal to 50 per centum of the parity price per pound for cotton as of June 15 of the calendar year in which such crop is produced.
**(b)** The farm marketing excess of cotton shall be regarded as available for marketing and the amount of penalty shall be computed upon the normal production of the acreage on the farm planted to cotton in excess of the farm acreage allotment. If a downward adjustment in the amount of the farm marketing excess is made pursuant to the proviso in [section 1345 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1345&num=0&edition=prelim), the difference between the amount of the penalty computed upon the farm marketing excess before such adjustment and as computed upon the adjusted farm marketing excess shall be returned to or allowed the producer.
**(c)** The person liable for payment or collection of the penalty shall be liable also for interest thereon at the rate of 6 per centum per annum from the date the penalty becomes due until the date of payment of such penalty.
**(d)** Until the penalty on the farm marketing excess is paid, all cotton produced on the farm and marketed by the producer shall be subject to the penalty provided by this section and a lien on the entire crop of cotton produced on the farm shall be in effect in favor of the United States.
**(e)** Notwithstanding any other provision of this chapter, for the 1966 through 1970 crops of upland cotton, if the farm operator elects to forgo price support for any such crop of cotton by applying to the county committee of the county in which the farm is located
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1349
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Supplementary allotments for 1964 and 1965; acreage limitation; apportionment among States and farms; “export market acreage” on any farm; farm acreage allotment for farms with export acreage; additional allotment; establishment of future allotments without regard to export acreage; exclusion of extra-long-staple cotton and farms receiving additional price support for 1964 and 1965** The acreage allotment established under the provisions of [section 1344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1344&num=0&edition=prelim) for each farm for the 1964 crop may be supplemented by the Secretary by an acreage equal to such percentage, but not more than 10 per centum, of such acreage allotment as he determines will not increase the carryover of upland cotton at the beginning of the marketing year for the next succeeding crop above one million bales less than the carryover on the same date one year earlier, if the carryover on such earlier date exceeds eight million bales. For the 1965 crop, the Secretary may, after such hearing and investigation as he finds necessary, announce an export market acreage which he finds will not increase the carryover of upland cotton at the beginning of the marketing year for the next succeeding crop above one million bales less than the carryover on the same date one year earlier, if the carryover on such earlier date exceeds eight million bales. Such export market acreage shall be apportioned to the States on the basis of the State acreage allotments established under [section 1344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1344&num=0&edition=prelim) and apportioned by the States to farms receiving allotments under [section 1344 of this title](h
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1351
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which, during any year beginning with 1956, the acreage planted to a commodity on any farm is less than the acreage allotment for such farm, the entire acreage allotment for such farm (excluding any allotment released from the farm or reapportioned to the farm and any allotment provided for the farm pursuant to subsection (f)(7)(A) of [section 1344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1344&num=0&edition=prelim)) shall, except as provided herein, be considered for the purpose of establishing future State, county and farm acreage allotments, to have been planted to such commodity in such year on such farm, but the 1956 acreage allotment of any commodity shall be regarded as planted under this section only if the owner or operator on such farm notified the county committee prior to the sixtieth day preceding the beginning of the marketing year for such commodity of his desire to preserve such allotment: Provided, That beginning with the 1960 crop, except for federally owned land, the current farm acreage allotment established for a commodity shall not be preserved as history acreage pursuant to the provisions of this section unless for the current year or either of the two preceding years an acreage equal to 75 per centum or more of the farm acreage allotment for such year or, in the case of upland cotton on a farm which qualified for price support on the crop produced in any such year under [section 1444(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1444/b&num=0&edition=prelim), 75 per centum of the farm domestic allotment established under [section 1350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1350&num=0&editi
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1379a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic support levels for 1961 and subsequent years** Notwithstanding the provisions of [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1441&num=0&edition=prelim), price support to cooperators for each crop of upland cotton, beginning with the 1961 crop, for which producers have not disapproved marketing quotas shall be at such level not more than 90 per centum of the parity price therefor nor less than the minimum level prescribed below as the Secretary determines appropriate after consideration of the factors specified in [section 1421(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421/b&num=0&edition=prelim). For the 1961 crop the minimum level shall be 70 per centum of the parity price therefor, and for each subsequent crop the minimum level shall be 65 per centum of the parity price therefor: Provided, That the price support for the 1965 crop shall be a national average support price which reflects 30 cents per pound for Middling one-inch cotton. Price support in the case of noncooperators and in case marketing quotas are disapproved shall be as provided in section 1441(d)(3) and (5) 11 See References in Text note below. of this title.
**(b) Additional support levels for 1964 and 1965** If producers have not disapproved marketing quotas, the Secretary shall provide additional price support on the 1964 and 1965 crops of upland cotton to cooperators on whose farms the acreage planted to upland cotton for harvest does not exceed the farm domestic allotment established under [section 1350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1350&num=0&edition=prelim). Such additional support shall be at a level up to 15 per c
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1444
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Federal law — U.S. Code and appendices · legal_authorities
Page 644
TITLE 7—AGRICULTURE
§ 1344
1973, 87 Stat. 233, provided that this section is inappli-
cable to 1971 through 1977 crops of upland cotton.
§ 1344. Apportionment of national acreage allot-
ments
(a) Basis
Whenever a national marketing quota is pro-
claimed under section 1342 of this title, the Sec-
retary shall determine and proclaim a national
acreage allotment for the crop of cotton to be
produced in the next calendar year. The na-
tional acreage allotment for cotton shall be that
acreage, based upon the national average yield
per acre of cotton for the four years imme-
diately preceding the calendar year in which the
national marketing quota is proclaimed, re-
quired to make available from such crop an
amount of cotton equal to the national mar-
keting quota.
(b) Apportionment among States for year 1953
and subsequent years; adjustment; national
acreage reserve
The national acreage allotment for cotton for
1953 and subsequent years shall be apportioned
to the States on the basis of the acreage planted
to cotton (including the acreage regarded as
having been planted to cotton under the provi-
sions of Public Law 12, Seventy-ninth Congress)
during the five calendar years immediately pre-
ceding the calendar year in which the national
marketing quota is proclaimed, with adjust-
ments for abnormal weather conditions during
such period: Provided, That there is established
a national acreage reserve consisting of three
hundred and ten thousand acres which shall be
in addition to the national acreage allotment;
and such reserve shall be apportioned to the
States on the basis of their needs for additional
acreage for establishing minimum farm allot-
ments under subsection (f)(1), as determined by
the Secretary without regard to State and coun
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1344
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