7 U.S.C. § 1441 — Price support levels

Page 735 TITLE 7—AGRICULTURE § 1441 (b)(1) During any year in which no set-aside or diversion of acreage is in effect under the Agri- cultural Act of 1949 [7 U.S.C. 1421 et seq.], the Secretary of Agriculture may formulate and ad- minister a program for the production, subject to such terms and conditions as he may pre- scribe, of commodities for conversion into alco- hol or hydrocarbons for use as motor fuel or other fuel. Under such program, producers of wheat, feed grains, upland cotton, and rice shall be paid incentive payments to devote a portion of their acreage to such production. (2) The payments under this subsection shall be made at such rate or rates as the Secretary of Agriculture determines to be fair and reason- able, taking into consideration the participation necessary to ensure an adequate supply of com- modities for such conversion. (3) The Secretary may issue any regulations necessary to carry out the provisions of this subsection. (4) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection. (Pub. L. 95–113, title XX, § 2001, as added Pub. L. 96–294, title II, § 260(a), June 30, 1980, 94 Stat. 709.) Editorial Notes REFERENCES IN TEXT The Agricultural Act of 1949, referred to in subsecs. (a) and (b)(1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. CODIFICATION Section was enacted as part of the Food and Agri- culture Act of 1977 as added by the Biomass Energy and Alcohol Fuels Act of 1980 which is title II of the Energy and Security Act, and not as part of the Agricultural Act of 1949 which is classified principally to this chap- ter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. § 1436. Reimbursement of appropriations avail- able for classing or grading agriculture com- modities without charge On and after June 29, 1949, appropriations available for classing or grading any agricul- tural commodity without charge to the pro- ducers thereof may be reimbursed from non- administrative funds of the Commodity Credit Corporation for the cost of classing or grading any such commodity for producers who obtain Commodity Credit Corporation price support. (June 29, 1949, ch. 280, title I, 63 Stat. 344.) Editorial Notes CODIFICATION Section was formerly classified to section 440 of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Department of Ag- riculture Appropriation Act, 1950, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under sec- tion 1421 of this title and Tables. Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS Functions of Corporations of Department of Agri- culture, boards of directors and officers of such cor- porations; Advisory Board of Commodity Credit Cor- poration; and Farm Credit Administration or any agen- cy, officer or entity of, under, or subject to supervision of the said Administration excepted from functions of officers, agencies, and employees transferred to Sec- retary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. § 1436a. Transfer of nonadministrative funds of Commodity Credit Corporation for classing and grading purposes On and after August 31, 1951, there may be transferred to appropriations available for classing or grading any agricultural commodity without charge to the producers thereof such sums from nonadministrative funds of the Com- modity Credit Corporation as may be necessary in addition to other funds available for these purposes, such transfers to be reimbursed from subsequent appropriations therefor. (Aug. 31, 1951, ch. 374, title I, 65 Stat. 239.) Editorial Notes CODIFICATION Section was formerly classified to section 414a of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Department of Ag- riculture Appropriation Act, 1952, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under sec- tion 1421 of this title and Tables. SUBCHAPTER II—BASIC AGRICULTURAL COMMODITIES § 1441. Price support levels The Secretary of Agriculture (hereinafter called the ‘‘Secretary’’) is authorized and di- rected to make available through loans, pur- chases, or other operations, price support to co- operators for any crop of any basic agricultural commodity, if producers have not disapproved marketing quotas for such crop, at a level not in excess of 90 per centum of the parity price of the commodity nor less than the level provided in subsections (a), (b), and (c) as follows: (a) For corn and wheat, if the supply percent- age as of the beginning of the marketing year is: The level of support shall be not less than the fol- lowing per- centage of the parity price: 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 Page 736 TITLE 7—AGRICULTURE § 1441 1 So in original. The period probably should be a semicolon. 2 So in original. Probably should not be capitalized. (a) For corn and wheat, if the supply percent- age as of the beginning of the marketing year is: The level of support shall be not less than the fol- lowing per- centage of the parity price: More than 130 ..................................................... 75 For rice of the 1959 and 1960 crops, the level of support shall be not less than 75 per centum of the parity price. For rice of the 1961 crop the level of support shall be not less than 70 per cen- tum of the parity price. For the 1962 and subse- quent crops of rice the level of support shall be not less than 65 per centum of the parity price. (b) For cotton, if the supply percentage as of the beginning of the marketing year is: The level of support shall be not less than the fol- lowing per- centage of the parity price: Not more than 108 .............................................. 90 More than 108 but not more than 110 ................. 89 More than 110 but not more than 112 ................. 88 More than 112 but not more than 114 ................. 87 More than 114 but not more than 116 ................. 86 More than 116 but not more than 118 ................. 85 More than 118 but not more than 120 ................. 84 More than 120 but not more than 122 ................. 83 More than 122 but not more than 124 ................. 82 More than 124 but not more than 125 ................. 81 More than 125 but not more than 126 ................. 80 More than 126 but not more than 127 ................. 79 More than 127 but not more than 128 ................. 78 More than 128 but not more than 129 ................. 77 More than 129 but not more than 130 ................. 76 More than 130 ..................................................... 75 (c) Notwithstanding the foregoing provisions of this section— (1) if producers have not disapproved mar- keting quotas for such crop, the level of sup- port to cooperators shall be 90 per centum of the parity price for the 1950 crop of any basic agricultural commodity for which marketing quotas or acreage allotments are in effect; (2) if producers have not disapproved mar- keting quotas for such crop, the level of sup- port to cooperators shall be not less than 80 per centum of the parity price for the 1951 crop of any basic agricultural commodity for which marketing quotas or acreage allotments are in effect; (3) the level of price support to cooperators for any crop of a basic agricultural commodity for which marketing quotas have been dis- approved by producers shall be 50 per centum of the parity price of such commodity; (4) Repealed. Oct. 31, 1949, ch. 792, title I, § 104(b)(3), as added Aug. 28, 1958, Pub. L. 85–835, title II, § 201, 72 Stat. 994; (5) price support may be made available to noncooperators at such levels, not in excess of the level of price support to cooperators, as the Secretary determines will facilitate the ef- fective operation of the program.1 (6) Except 2 as provided in subsection (c) and section 1422 of this title, the level of support to cooperators shall be not more than 90 per centum and not less than 821⁄2 per centum of the parity price for the 1955 crop of any basic agricultural commodity with respect to which producers have not disapproved marketing quotas; within such limits, the minimum level of support shall be fixed as provided in sub- sections (a) and (b) of this section.1 (7) Where 2 a State is designated under sec- tion 1335(e) of this title, as outside the com- mercial wheat-producing area for any crop of wheat, the level of price support for wheat to cooperators in such State for such crop of wheat shall be 75 per centum of the level of price support to cooperators in the commer- cial wheat-producing area. (d) RICE.—The Secretary shall make available to producers of each crop of rice on a farm price support at a level that is not less than 50 per- cent, or more than 90 percent of the parity price for rice as the Secretary determines will not re- sult in increasing stocks of rice to the Com- modity Credit Corporation. (Oct. 31, 1949, ch. 792, title I, §§ 101, 104(b)(3), 63 Stat. 1051; July 17, 1952, ch. 933, §§ 2, 3(1), 66 Stat. 759; Aug. 28, 1954, ch. 1041, title II, §§ 201, 202, 68 Stat. 899; Pub. L. 85–28, Apr. 25, 1957, 71 Stat. 27; Pub. L. 85–497, July 2, 1958, 72 Stat. 296; Pub. L. 85–835, title II, § 201, title III, § 302(a), Aug. 28, 1958, 72 Stat. 993, 994; Pub. L. 86–389, § 2, Feb. 20, 1960, 74 Stat. 7; Pub. L. 90–475, § 5, Aug. 11, 1968, 82 Stat. 702; Pub. L. 94–214, title I, § 102, Feb. 16, 1976, 90 Stat. 183; Pub. L. 95–113, title VI, § 607, title VII, § 702, Sept. 29, 1977, 91 Stat. 940; Pub. L. 96–176, Dec. 31, 1979, 93 Stat. 1290; Pub. L. 96–213, § 4(a), Mar. 18, 1980, 94 Stat. 119; Pub. L. 96–365, title II, § 201(a), Sept. 26, 1980, 94 Stat. 1319; Pub. L. 97–98, title V, § 508, title VI, § 602, Dec. 22, 1981, 95 Stat. 1242; Pub. L. 97–253, title I, § 125, Sept. 8, 1982, 96 Stat. 771; Pub. L. 98–88, § 2, Aug. 26, 1983, 97 Stat. 494; Pub. L. 98–258, title IV, §§ 401, 402, Apr. 10, 1984, 98 Stat. 135; Pub. L. 99–198, title VI, § 602, Dec. 23, 1985, 99 Stat. 1427; Pub. L. 104–127, title I, § 171(b)(3), Apr. 4, 1996, 110 Stat. 938; Pub. L. 107–171, title I, § 1310(a)(2)(A), May 13, 2002, 116 Stat. 182; Pub. L. 108–357, title VI, § 612(b), Oct. 22, 2004, 118 Stat. 1523.) Editorial Notes REFERENCES IN TEXT Subsec. (e) of section 1335 of this title, referred to in subsec. (c)(7), was eliminated and other provisions sub- stituted by Pub. L. 87–703, title III, § 315, Sept. 27, 1962, 76 Stat. 621. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–357, § 612(b)(1), sub- stituted ‘‘corn’’ for ‘‘tobacco (except as otherwise pro- vided herein), corn,’’ in first sentence. Subsec. (c). Pub. L. 108–357, § 612(b)(2), (4), redesig- nated subsec. (d) as (c) and struck out former subsec. (c), which related to level of support for tobacco if mar- keting quotas are in effect. Subsec. (d). Pub. L. 108–357, § 612(b)(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (d)(3). Pub. L. 108–357, § 612(b)(3), struck out ‘‘, except tobacco,’’ after ‘‘agricultural commodity’’ and ‘‘and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers;’’ at end. Subsec. (e). Pub. L. 108–357, § 612(b)(4), redesignated subsec. (e) as (d). Subsecs. (g) to (i). Pub. L. 108–357, § 612(b)(2), directed the repeal of subsecs. (g) to (i), which related to tem- porary programs for 1976 and 1977 crops of rice, 1978 through 1981 crops of rice, and 1982 through 1985 crops of rice, respectively. See 1976, 1977, and 1981 Amend- ment notes below. Page 737 TITLE 7—AGRICULTURE § 1441 2002—Subsec. (b). Pub. L. 107–171 struck out ‘‘and pea- nuts’’ after ‘‘cotton’’. 1996—Subsec. (e). Pub. L. 104–127 added subsec. (e). 1985—Subsec. (i)(1). Pub. L. 99–198 temporarily redes- ignated existing provisions as subpar. (A) and added subpars. (B) to (D). See Effective and Termination Dates of 1985 Amendment note below. 1984—Subsec. (i)(2)(C). Pub. L. 98–258, § 401, sub- stituted ‘‘and $11.90 per hundredweight for the 1984 and 1985 crops’’ for ‘‘$11.90 per hundredweight for the 1984 crop, and $12.40 per hundredweight for the 1985 crop’’. Subsec. (i)(5)(A). Pub. L. 98–258, § 402(1), substituted ‘‘third, fourth, and fifth’’ for ‘‘third and fourth’’ after ‘‘Notwithstanding any other provision of law, except as provided in the’’. Pub. L. 98–258, § 402(2), inserted sentence providing: ‘‘For the 1985 crop of rice, if the Secretary estimates that the quantity of rice on hand in the United States on July 31, 1985 (not including any quantity of rice pro- duced in the United States during calendar year 1985), will exceed twenty-five million hundredweight, the Secretary shall provide for a combination of an acreage limitation program as described under this subpara- graph and a land diversion program as described under subparagraph (B) under which the acreage planted to rice for harvest on the farm would be limited to the acreage base for the farm reduced by a total of not less than 25 per centum, consisting of a reduction of 20 per centum under the acreage limitation program and a re- duction under the land diversion program equal to the difference between the total reduction for the farm and the 20 per centum reduction under the acreage limita- tion program.’’ Pub. L. 98–258, § 402(3), substituted ‘‘1983 and 1985 crops of rice’’ for ‘‘1983 crop of rice’’ after ‘‘As a condi- tion of eligibility for loans, purchases, and payments on the’’. Subsec. (i)(5)(B). Pub. L. 98–258, § 402(4), inserted sen- tence providing that if the Secretary implements a land diversion program for the 1985 crop of rice under the provisions of subparagraph (A), the Secretary shall make crop retirement and conservation payments to any producer of the 1985 crop of rice whose acreage planted to rice for harvest on the farm is reduced so that it does not exceed the rice acreage base for the farm less an amount equivalent to the percentage of the acreage base specified by the Secretary, but not less than 5 per centum, in addition to the reduction re- quired under the acreage limitation program under sub- paragraph (A), and who devotes to approved conserva- tion uses an acreage of cropland equivalent to the re- duction required from the rice acreage base under this subparagraph. Pub. L. 98–258, § 402(5), substituted ‘‘Diversion pay- ments made to producers under this subparagraph shall be made in an amount computed by multiplying’’ for ‘‘Such payments shall be made in an amount computed by multiplying’’. Pub. L. 98–258, § 402(6), substituted ‘‘$3.00 per hundred- weight for the 1983 crop of rice, except that the rate may be reduced up to 10 per centum if the Secretary de- termines that the same program objective could be achieved with the lower rate, and at not less than $2.70 per hundredweight for the 1985 crop of rice’’ for ‘‘$3.00 per hundredweight, except that the rate may be re- duced up to 10 per centum if the Secretary determines that the same program objective could be achieved with the lower rate’’ after ‘‘The diversion payment rate shall be established by the Secretary at not less than’’ and inserted a proviso that if the Secretary estimates that the quantity of rice on hand in the United States on July 31, 1985 (not including any quantity of rice pro- duced in the United States during calendar year 1985), will exceed (I) thirty-five million hundredweight, such rate shall be established by the Secretary at not less than $3.25 per hundredweight, and (II) forty-two million five hundred thousand hundredweight, such rate shall be established by the Secretary at not less than $3.50 per hundredweight. Pub. L. 98–258, § 402(7), substituted ‘‘1983 and 1985 crops’’ for ‘‘1983 crop’’ after ‘‘The Secretary shall make not less than 50 per centum of any payments under this subparagraph to producers of the’’. 1983—Subsec. (f). Pub. L. 98–88 struck out subsec. (f) which read as follows: ‘‘The provisions of this Act re- lating to price support for cotton shall apply severally to (1) American upland cotton and (2) extra long staple cotton described in subsection (a) of this section and ginned as required by subsection (e) of section 1347 of this title, except that, notwithstanding any other pro- vision of this Act, price support shall be made available for the 1982 and each subsequent crop of extra long sta- ple cotton through nonrecourse loans as provided in this subsection. If producers have not disapproved mar- keting quotas for any crop of extra long staple cotton, price support loans shall be made available to coopera- tors for such crop at a level which is not less than 75 per centum or more than 125 per centum in excess of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of such crop at average location in the United States. If producers have disapproved mar- keting quotas for any crop of extra long staple cotton, price support loans shall be made available to coopera- tors for such crop at a level which shall be 50 per cen- tum in excess of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of such crop at average lo- cation in the United States. Nothing contained herein shall affect the authority of the Secretary to make price support available for extra long staple cotton in accordance with section 1422 of this title.’’ See section 1444(h) of this title. 1982—Subsec. (i)(5)(A). Pub. L. 97–253, § 125(1)–(3), sub- stituted ‘‘Notwithstanding any other provision of law, except as provided in the third and fourth sentences of this paragraph, the’’ for ‘‘Notwithstanding any other provision of this subsection, the’’, following second sen- tence, inserted provision that for the 1983 crop of rice, the Secretary shall provide for a combination of (i) an acreage limitation program as described under this subparagraph and (ii) a diversion program as described under subpar. (B) under which the acreage planted to rice for harvest on the farm would be limited to the acreage base for the farm reduced by a total of 20 per centum, consisting of a reduction of 15 per centum under the acreage limitation program and a reduction of 5 per centum under the diversion program, and that as a condition of eligibility for loans, purchases, and payments on the 1983 crop of rice, the producers on a farm must comply with the terms and conditions of the combined acreage limitation and diversion program, and, following ninth sentence, inserted provision that notwithstanding the other provisions of this subpara- graph, the acreage base to be used for the farm under the program for the 1983 crop of rice shall be the same as the acreage base applicable to the farm under the acreage limitation program for the 1982 crop, adjusted to reflect established crop-rotation practices and to re- flect such other factors as the Secretary determines should be considered in determining a fair and equi- table base. Subsec. (i)(5)(B). Pub. L. 97–253, § 125(4), inserted pro- vision requiring the Secretary to implement a land di- version program for the 1983 crop of rice under which the Secretary shall make crop retirement and con- servation payments to producers making a reduction additional to that required under subpar. (A) and devot- ing an equivalent acreage of cropland to conservation purposes, and provisions for the computation of pay- ments, and establishment of payment rates by the Sec- retary, as well as payment by the Secretary of not less than 50 per centum of any payments under this sub- paragraph to 1983 crop producers as soon as practicable after any such producer enters into a land diversion contract with the Secretary and in advance of any de- termination of performance, but in no case prior to Oct. 1, 1982, and repayment of advances, with interest, in the event of noncompliance by such producer with such contract. 1981—Subsec. (f). Pub. L. 97–98, § 508, substituted pro- visions authorizing price support for extra long staple Page 738 TITLE 7—AGRICULTURE § 1441 cotton for the 1982 crop and each subsequent crop through nonrecourse loans as provided in this sub- section and prescribing the level of price support loans available to cooperators if producers have not, or have, disapproved marketing quotas for any crop of extra long staple cotton as specified percentages of the loan level established for Strict Low Middling one and one- sixteenth inch upland cotton, micronaire 3.5 through 4.9, of such crop at average location in the United States for provisions authorizing price support for extra long staple cotton to cooperators for the 1980 crop and each subsequent crop based on the loan level estab- lished for Strict Low Middling one and one-sixteenth inch upland cotton and adjusted by the specified fac- tors, provisions determining the computation of acre- age allotments of extra long staple cotton, provisions authorizing the Secretary to establish the price-sup- port payment factor, provisions authorizing the man- ner and mode of payments authorized under this sec- tion, and provisions making operative subsec. (d)(3) of this section upon the disapproval by producers of the national marketing quota established pursuant to sec- tion 1347 of this title. Subsec. (i). Pub. L. 97–98, § 602, temporarily added sub- sec. (i). See Effective and Termination Dates of 1981 Amendment note below. 1980—Subsec. (h)(4)(B). Pub. L. 96–365, § 201(a)(1), sub- stituted ‘‘Except as otherwise provided in subparagraph (D) of this paragraph, effective with respect to the 1978 through 1981 crops of rice’’ for ‘‘Effective only with re- spect to the 1978, 1979, and 1980 crops of rice’’. Pub. L. 96–213, § 4(a)(1), substituted ‘‘1978, 1979, and 1980 crops of rice’’ for ‘‘1978 and 1979 crops of rice’’. Subsec. (h)(4)(C). Pub. L. 96–365, § 201(a)(2), substituted ‘‘Except as otherwise provided in subparagraph (D) of this paragraph, effective with respect to the 1978 through 1981 crops of rice’’ for ‘‘Effective only with re- spect to the 1978, 1979, and 1980 crops of rice’’. Pub. L. 96–213, § 4(a)(2), substituted ‘‘1978, 1979, and 1980 crops of rice’’ for ‘‘1978 and 1979 crops of rice’’. Subsec. (h)(4)(D), (E). Pub. L. 96–365, § 201(a)(3), added subpar. (D) and redesignated former subpar. (D) as (E). 1979—Subsec. (f). Pub. L. 96–176 substituted ‘‘1980’’ for ‘‘1968’’, ‘‘85’’ for ‘‘50’’, ‘‘135’’ for ‘‘100’’, and ‘‘55’’ for ‘‘65’’. 1977—Subsec. (f). Pub. L. 95–113, § 607, substituted ‘‘Strict Low Middling one and one-sixteenth inch’’ for ‘‘Middling one-inch’’. Subsec. (h). Pub. L. 95–113, § 702, temporarily added subsec. (h). See Effective and Termination Dates of 1977 Amendment note below. 1976—Subsec. (g). Pub. L. 94–214 temporarily added subsec. (g). See Effective and Termination Dates of 1976 Amendment note below. 1968—Subsec. (f). Pub. L. 90–475 substituted provisions authorizing price support for extra long staple cotton for the 1968 crop and each subsequent crop based on the loan level established for Middling one-inch upland cot- ton and adjusted by the specified factors, provisions de- termining the computation of acreage allotments of extra long staple cotton, provisions authorizing the Secretary to establish the price-support payment fac- tor, and provisions authorizing the manner and mode of payments authorized under this section, for provisions authorizing price support for extra long staple cotton for the 1957 crop and each subsequent crop based on the parity price for the 1956 crop and adjusted by certain specified factors, with a minimum price support level of not less than 60 percent of the parity price, and pro- visions making operative subsec. (d)(3) of this section upon the disapproval by producers of the national mar- keting quota established pursuant to section 1347 of this title. 1960—Subsec. (e). Pub. L. 86–389 repealed subsec. (e) which provided that: ‘‘Notwithstanding any of the pro- visions of this Act, section 2 of the Act of July 28, 1945 (59 Stat. 506) shall continue in effect.’’ 1958—Subsec. (a). Pub. L. 85–835, § 302(a), substituted ‘‘and wheat’’ for ‘‘wheat, and rice’’ and added par. re- quiring rice price support levels to be not less than 75, 70, and 65 per centum of parity for 1959 and 1960, 1961, and 1962 and subsequent crop years, respectively. Subsec. (d)(4). Act Oct. 31, 1949, § 104(b)(3), as added Pub. L. 85–835, § 201, repealed par. (4) which provided for price support level for corn to cooperators outside the commercial corn-producing area at 75 per centum of the level of price support to cooperators in the com- mercial corn-producing area. Subsec. (f). Pub. L. 85–497 provided that the level of support for crops of extra long staple cotton shall not exceed the same per centum of the parity price as for the 1956 crop, required such level to be determined after consideration of the factors specified in section 1421(b) of this title and the price levels for similar qualities of cotton produced outside the United States, and estab- lished a minimum of not less than 60 per centum of the parity price as the level for extra long staple cotton. 1957—Subsec. (f). Pub. L. 85–28 set the price support for extra long staple cotton for 1957 and each subse- quent crop at same per centum of parity price as for 1956 crop. 1954—Subsec. (d)(6). Act Aug. 28, 1954, § 201(a), pro- vided for flexible price supports. Subsec. (d)(7). Act Aug. 28, 1954, § 201(b), added par. (7). Subsec. (f). Act Aug. 28, 1954, § 202, set the price sup- port for long staple cotton at the minimum determined in accordance with the schedule in subsec. (b) of this section. 1952—Subsec. (d)(6). Act July 17, 1952, § 2, added par. (6). Subsec. (f). Act July 17, 1952, § 3(1), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under sec- tion 518 of this title. EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Pub. L. 99–198, title VI, § 602, Dec. 23, 1985, 99 Stat. 1427, provided that the amendment made by section 602 is effective for the 1985 crop of rice. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–88, § 2, Aug. 26, 1983, 97 Stat. 494, provided that the amendment made by section 2 is effective be- ginning with the 1984 crop of extra long staple cotton. EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT Pub. L. 97–98, title V, § 508, Dec. 22, 1981, 95 Stat. 1242, provided that the amendment made by section 508 is ef- fective beginning with the 1982 crop of extra long staple cotton. Pub. L. 97–98, title VI, § 602, Dec. 22, 1981, 95 Stat. 1242, provided that the amendment made by section 602 is ef- fective only for the 1982 through 1985 crops of rice. EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–176 provided that the amendment made by that section is effective with respect to 1980 and subse- quent crops of extra long staple cotton. EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT Pub. L. 95–113, title VII, § 702, Sept. 29, 1977, 91 Stat. 940, provided that the amendment made by section 702 is effective only for the 1978 through 1981 crops of rice. Amendment by Pub. L. 95–113 effective Oct. 1, 1977, except as otherwise provided, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. EFFECTIVE AND TERMINATION DATES OF 1976 AMENDMENT Pub. L. 94–214, title I, § 102, Feb. 16, 1976, 90 Stat. 183, provided that the amendment made by section 102 is ef- fective for the 1976 and 1977 crops of rice. Page 739 TITLE 7—AGRICULTURE § 1441–1a EFFECTIVE DATE OF 1958 AMENDMENT Act Oct. 31, 1949, ch. 792, title I, § 104(b)(3), as added by Pub. L. 85–835, title II, § 201, Aug. 28, 1958, 72 Stat. 994, provided for repeal of subsec. (d)(4) of this section effec- tive with the 1959 crop, to be operative as provided in section 1444a(b) of this title. See 1958 Referendum for Selection of Alternative Corn Program and Operative Status of Certain Provisions note set out under section 1444a of this title. Pub. L. 85–835, title III, § 302(a), Aug. 28, 1958, 72 Stat. 994, provided that the amendment made by section 302(a) is effective beginning with the 1959 crop. SAVINGS PROVISION Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any pro- vision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. 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)(1) 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, through Dec. 31, 2012, see section 8782(b)(1) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(1) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(A) of this title. Pub. L. 101–624, title VIII, § 808, Nov. 28, 1990, 104 Stat. 3478, provided that: ‘‘Section 101 of the Agricultural Act of 1949 (7 U.S.C. 1441) shall not be applicable to the 1991 through 1995 crops of peanuts.’’ Pub. L. 99–198, title VII, § 707, Dec. 23, 1985, 99 Stat. 1441, provided that: ‘‘Section 101 of the Agricultural Act of 1949 (7 U.S.C. 1441) shall not be applicable to the 1986 through 1990 crops of peanuts.’’ Pub. L. 97–98, title VII, § 707, Dec. 22, 1981, 95 Stat. 1256, provided that: ‘‘Section 101 of the Agricultural Act of 1949 [7 U.S.C. 1441] shall not be applicable to the 1982 through 1985 crops of peanuts.’’ REPORT ON TRADING OF RICE FUTURES Pub. L. 97–98, title VI, § 603, Dec. 22, 1981, 95 Stat. 1248, required Secretary of Agriculture to submit a report to Congress evaluating the trading of rice futures on com- modity exchanges by July 31, 1983. EXEMPTION OF DISASTER PAYMENT LIMITATIONS RE- SPECTING 1977 CROPS OF WHEAT, FEED GRAINS, UP- LAND COTTON, AND RICE Term ‘‘payments’’ as used in subsec. (g)(13) of this section shall not include any part of any payment which is determined by the Secretary of Agriculture to represent compensation for disaster loss with respect to 1977 crops of wheat, feed grains, upland cotton, and rice, see Pub. L. 95–156, set out as a note under section 1307 of this title. 1963 WHEAT CROP Pub. L. 87–703, title III, § 306, Sept. 27, 1962, 76 Stat. 615, required that price support for 1963 crop of wheat be made available as provided in section 1441 of this title with certain exceptions. 1962 WHEAT CROP Pub. L. 87–128, title I, § 123, Aug. 8, 1961, 75 Stat. 297, required that price support for 1962 crop of wheat be made available as provided in section 1441 of this title with certain exceptions. § 1441–1. Omitted Editorial Notes CODIFICATION Section, act Oct. 31, 1949, ch. 792, title I, § 101A, as added Dec. 23, 1985, Pub. L. 99–198, title VI, § 601, 99 Stat. 1419; amended Mar. 20, 1986, Pub. L. 99–260, § 2(d), 100 Stat. 47; May 27, 1987, Pub. L. 100–45, § 5, 101 Stat. 320; Dec. 22, 1987, Pub. L. 100–203, title I, §§ 1101(e), 1102(d), 1113(d), 101 Stat. 1330–2, 1330–3, 1330–10, related to loan rates, target prices, disaster payments, acreage limita- tion program, and land diversion. See Effective and Termination Dates note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Pub. L. 99–198, title VI, § 601, Dec. 23, 1985, 99 Stat. 1419, provided that this section is effective only for the 1986 through 1990 crops of rice. § 1441–1a. Marketing certificates for rice (a) Authority of Commodity Credit Corporation to issue negotiable marketing certificates Notwithstanding any other provision of law, whenever, during the period beginning August 1, 1986, and ending July 31, 1991, the world price for a class of rice (adjusted to United States quali- ties and location), as determined by the Sec- retary of Agriculture, is below the current loan repayment rate for that class of rice, to make United States rice competitive in world markets and to maintain and expand exports of rice pro- duced in the United States, the Commodity Credit Corporation, under such regulations as the Secretary may prescribe, shall make pay- ments, through the issuance of negotiable mar- keting certificates, to persons who have entered into an agreement with the Commodity Credit Corporation to participate in the program estab- lished under this section. Such payments shall be made in such monetary amounts and subject to such terms and conditions as the Secretary determines will make rice produced in the United States available at competitive prices consistent with the purposes of this section, in- cluding such payments as may be necessary to make rice in inventory on August 1, 1986, avail- able on the same basis. (b) Determination of value of certificates The value of each certificate issued under sub- section (a) shall be based on the difference be- tween— (1) the loan repayment rate for the class of rice; and (2) the prevailing world market price for the class of rice, as determined by the Secretary of Agriculture under a published formula sub- mitted for public comment before its adoption. (c) Commodity Credit Corporation assistance in redemption, marketing, or exchange of cer- tificates The Commodity Credit Corporation, under regulations prescribed by the Secretary of Agri- culture, may assist any person receiving mar- keting certificates under this section in the re- demption of certificates for cash, or marketing or exchange of such certificates for (1) rice owned by the Commodity Credit Corporation or