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7 U.S.C. § 1379f — Conversion factors

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1379f — Conversion factors

Page 691 TITLE 7—AGRICULTURE § 1379f applicable to wheat processors or exporters during the period June 1, 1982, through May 31, 1986.’’ Pub. L. 95–113, title IV, § 403, Sept. 29, 1977, 91 Stat. 926, provided that: ‘‘Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the Agricultural Adjustment Act of 1938 [sections 1379d, 1379e, 1379f, 1379g, 1379h, 1379i, and 1379j of this title] (which deal with marketing certificate re- quirements for processors and exporters) shall not be applicable to wheat processors or exporters during the period July 1, 1973, through May 31, 1982.’’ Pub. L. 91–524, title IV, § 403(b), as added by Pub. L. 93–86, § 1(10), Aug. 10, 1973, 87 Stat. 228, provided in part that: ‘‘Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the Agricultural Adjustment Act of 1938 [sections 1379d, 1379e, 1379f, 1379g, 1379h, 1379i and 1379j of this title] (which deal with marketing certificate require- ments for processors and exporters) shall not be appli- cable to wheat processed or exported during the period July 1, 1973 through June 30, 1978’’. § 1379e. Assistance in purchase and sale of mar- keting certificates; regulations; administra- tive expenses; interest For the purpose of facilitating the purchase and sale of marketing certificates, the Com- modity Credit Corporation is authorized to issue, buy, and sell marketing certificates in ac- cordance with regulations prescribed by the Sec- retary. Such regulations may authorize the Cor- poration to issue and sell certificates in excess of the quantity of certificates which it pur- chases. Such regulations may authorize the Cor- poration in the sale of marketing certificates to charge, in addition to the face value thereof, an amount determined by the Secretary to be ap- propri

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Page 691 TITLE 7—AGRICULTURE § 1379f applicable to wheat processors or exporters during the period June 1, 1982, through May 31, 1986.’’ Pub. L. 95–113, title IV, § 403, Sept. 29, 1977, 91 Stat. 926, provided that: ‘‘Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the Agricultural Adjustment Act of 1938 [sections 1379d, 1379e, 1379f, 1379g, 1379h, 1379i, and 1379j of this title] (which deal with marketing certificate re- quirements for processors and exporters) shall not be applicable to wheat processors or exporters during the period July 1, 1973, through May 31, 1982.’’ Pub. L. 91–524, title IV, § 403(b), as added by Pub. L. 93–86, § 1(10), Aug. 10, 1973, 87 Stat. 228, provided in part that: ‘‘Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the Agricultural Adjustment Act of 1938 [sections 1379d, 1379e, 1379f, 1379g, 1379h, 1379i and 1379j of this title] (which deal with marketing certificate require- ments for processors and exporters) shall not be appli- cable to wheat processed or exported during the period July 1, 1973 through June 30, 1978’’. § 1379e. Assistance in purchase and sale of mar- keting certificates; regulations; administra- tive expenses; interest For the purpose of facilitating the purchase and sale of marketing certificates, the Com- modity Credit Corporation is authorized to issue, buy, and sell marketing certificates in ac- cordance with regulations prescribed by the Sec- retary. Such regulations may authorize the Cor- poration to issue and sell certificates in excess of the quantity of certificates which it pur- chases. Such regulations may authorize the Cor- poration in the sale of marketing certificates to charge, in addition to the face value thereof, an amount determined by the Secretary to be ap- propriate to cover estimated administrative costs in connection with the purchase and sale of the certificates and estimated interest in- curred on funds of the Corporation invested in certificates purchased by it. (Feb. 16, 1938, ch. 30, title III, § 379e, as added Pub. L. 87–703, title III, § 324(2), Sept. 27, 1962, 76 Stat. 628; amended Pub. L. 89–321, title V, § 516, Nov. 3, 1965, 79 Stat. 1206; Pub. L. 90–559, § 1(6), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91–524, title IV, § 403(a)(3), Nov. 30, 1970, 84 Stat. 1366.) Editorial Notes CODIFICATION The sentence added by Pub. L. 89–321, as amended by Pub. L. 90–559, which directed the Commodity Credit Corporation to sell marketing certificates for the mar- keting years for the 1966 through 1970 wheat crops to persons processing food products at the face value thereof less any amount by which price support for wheat accompanied by domestic certificates exceeded $2 per bushel, was omitted as executed. AMENDMENTS 1970—Pub. L. 91–524, temporarily directed the Com- modity Credit Corporation to sell marketing certifi- cates for the marketing years for the 1971, 1972, and 1973 crops of wheat to persons engaged in the processing of food products but directed that, in determining the cost to processors of food products, the face value be 75 cents per bushel. See Effective and Termination Dates of 1970 Amendment note below. 1968—Pub. L. 90–559 provided for a one year extension of period for sale of marketing certificates, sub- stituting ‘‘1966 through the 1970’’ for ‘‘1966 through the 1969’’ wheat crops. 1965—Pub. L. 89–321 required the Commodity Credit Corporation to sell marketing certificates for the mar- keting years for the 1966 through the 1969 wheat crops to persons engaged in the processing of food products at the face value thereof less any amount by which price support for wheat accompanied by domestic certifi- cates exceeds $2 per bushel. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT Section 403(a) of Pub. L. 91–524 provided that the amendment made by that section is effective only with respect to marketing years beginning July 1, 1971, July 1, 1972, and July 1, 1973. 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(a)(3) 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(a)(3) 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(a)(3) of this title. Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title. Section inapplicable to wheat processors or exporters during period June 1, 1991, through May 31, 1996, see section 302 of Pub. L. 101–624, set out as a note under section 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1986, through May 31, 1991, see section 309 of Pub. L. 99–198, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1982, through May 31, 1986, see section 302 of Pub. L. 97–98, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period July 1, 1973, through May 31, 1982, see sec- tion 403 of Pub. L. 95–113, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processed or exported during period July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L. 91–524, as added by section 1(10) of Pub. L. 93–86, set out as a note under section 1379d of this title. § 1379f. Conversion factors The Secretary shall establish conversion fac- tors which shall be used to determine the amount of wheat contained in any food product. The conversion factor for any such food product shall be determined upon the basis of the weight of wheat used in the manufacture of such prod- uct. (Feb. 16, 1938, ch. 30, title III, § 379f, as added Pub. L. 87–703, title III, § 324(2), Sept. 27, 1962, 76 Stat. 629.) 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(a)(3) 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(a)(3) of this title. Page 692 TITLE 7—AGRICULTURE § 1379g 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(a)(3) of this title. Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title. Section inapplicable to wheat processors or exporters during period June 1, 1991, through May 31, 1996, see section 302 of Pub. L. 101–624, set out as a note under section 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1986, through May 31, 1991, see section 309 of Pub. L. 99–198, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1982, through May 31, 1986, see section 302 of Pub. L. 97–98, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period July 1, 1973, through May 31, 1982, see sec- tion 403 of Pub. L. 95–113, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processed or exported during period July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L. 91–524, as added by section 1(10) of Pub. L. 93–86, set out as a note under section 1379d of this title. § 1379g. Authority to facilitate transition (a) The Secretary is authorized to take such action as he determines to be necessary to fa- cilitate the transition from the program cur- rently in effect to the program provided for in this part. Notwithstanding any other provision of this part, such authority shall include, but shall not be limited to, the authority to exempt all or a portion of the wheat or food products made therefrom in the channels of trade on the effective date of the program under this part from the marketing restrictions in subsection (b) of section 1379d of this title, or to sell certifi- cates to persons owning such wheat or food products at such prices as the Secretary may de- termine. Any such certificate shall be issued by Commodity Credit Corporation. (b) Whenever the face value per bushel of do- mestic marketing certificates for a marketing year is substantially different from the face value of domestic marketing certificates for the preceding marketing year, the Secretary is au- thorized to take such action as he determines necessary to facilitate the transition between marketing years. Notwithstanding any other provision of this part, such authority shall in- clude, but shall not be limited to, the authority to sell certificates to persons engaged in the processing of wheat into food products covering such quantities of wheat, at such prices, and under such terms and conditions as the Sec- retary may by regulation provide. Any such cer- tificate shall be issued by Commodity Credit Corporation. (c) The Secretary is authorized to take such action as he determines to be necessary to fa- cilitate the transition from the certificate pro- gram provided for under section 1379d of this title to a program under which no certificates are required. Notwithstanding any other provi- sion of law, such authority shall include, but shall not be limited to the authority to exempt all or a portion of wheat or food products made therefrom in the channels of trade on July 1, 1973, from the marketing restrictions in sub- section (b) of section 1379d of this title, or to sell certificates to persons owning such wheat or food products made therefrom at such price and under such terms and conditions as the Sec- retary may determine. Any such certificate shall be issued by the Commodity Credit Cor- poration. Nothing herein shall authorize the Secretary to require certificates on wheat proc- essed after June 30, 1973. (Feb. 16, 1938, ch. 30, title III, § 379g, as added Pub. L. 87–703, title III, § 324(2), Sept. 27, 1962, 76 Stat. 629; amended Pub. L. 89–321, title V, § 504(d), Nov. 3, 1965, 79 Stat. 1203; Pub. L. 91–524, title IV, § 403(b), Nov. 30, 1970, as added Pub. L. 93–86, § 1(10), Aug. 10, 1973, 87 Stat. 228.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsecs. (a) and (b), com- mences with section 1379a of this title. AMENDMENTS 1973—Subsec. (c). Pub. L. 91–524, § 403(b), as added by Pub. L. 93–86, added subsec. (c). 1965—Pub. L. 89–321 designated existing provisions as subsec. (a) and added subsec. (b). 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(a)(3) 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(a)(3) 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(a)(3) of this title. Section inapplicable to 1996 through 2001 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(a)(1)(H) of this title. Section inapplicable to wheat processors or exporters during period June 1, 1991, through May 31, 1996, see section 302 of Pub. L. 101–624, set out as a note under section 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1986, through May 31, 1991, see section 309 of Pub. L. 99–198, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1982, through May 31, 1986, see section 302 of Pub. L. 97–98, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period July 1, 1973, through May 31, 1982, see sec- tion 403 of Pub. L. 95–113, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processed or exported during period July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L. 91–524, as added by section 1(10) of Pub. L. 93–86, set out as a note under section 1379d of this title. § 1379h. Applicability of provisions to designated persons; reports and records; examinations by the Secretary This section shall apply to processors of wheat, warehousemen and exporters of wheat

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1379f — Marketing certificates

**(a) Issuance; amount; reduction; sharing among producers; domestic and export certificates** The Secretary shall provide for the issuance of wheat marketing certificates for each marketing year for which a wheat marketing allocation program is in effect for the purpose of enabling producers on any farm with respect to which certificates are issued to receive, in addition to the other proceeds from the sale of wheat, an amount equal to the value of such certificates. The wheat marketing certificates issued with respect to any farm for any marketing year shall be in the amount of the farm wheat marketing allocation for such year, but not to exceed (i) the actual acreage of wheat planted on the farm for harvest in the calendar year in which the marketing year begins multiplied by the normal yield of wheat for the farm, plus (ii) the amount of wheat stored under subsection (b) or to avoid or postpone a marketing quota penalty, which is released from storage during the marketing year on account of underplanting or underproduction, and if this limitation operates to reduce the amount of wheat marketing certificates which would otherwise be issued with respect to the farm, such reduction shall be made first from the amount of export certificates which would otherwise be issued. The Secretary shall provide for the sharing of wheat marketing certificates among producers on the farm on the basis of their respective shares in the wheat crop produced on the farm, or the proceeds therefrom; except that in any case in which the Secretary determines that such basis would not be fair and equitable, the Secretary shall provide for such sharing on such other basis as he may determine to be fair and equitable. The Secretary shall, in accordance with such regulation as he may prescribe,

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