7 U.S.C. § 1342 — National marketing quota; proclamation;

Page 641 TITLE 7—AGRICULTURE § 1342 dustrial products moving in interstate and for- eign commerce with consequent diminution of the volume of such commerce in industrial prod- ucts. The conditions affecting the production and marketing of cotton are such that, without Fed- eral assistance, farmers, individually or in co- operation, cannot effectively prevent the recur- rence of excessive supplies of cotton and fluctua- tions in supplies, cannot prevent indiscriminate dumping of excessive supplies on the Nation- wide and foreign markets, cannot maintain nor- mal carry-overs of cotton, and cannot provide for the orderly marketing of cotton in interstate and foreign commerce. It is in the interest of the general welfare that interstate and foreign commerce in cotton be protected from the burdens caused by the mar- keting of excessive supplies of cotton in such commerce, that a supply of cotton be main- tained which is adequate to meet domestic con- sumption and export requirements in years of drought, flood, and other adverse conditions as well as in years of plenty, and that the soil re- sources of the Nation be not wasted in the pro- duction of excessive supplies of cotton. The provisions of this subpart affording a co- operative plan to cotton producers are necessary and appropriate to prevent the burdens on inter- state and foreign commerce caused by the mar- keting in such commerce of excessive supplies, and to promote, foster, and maintain an orderly flow of an adequate supply of cotton in such commerce. (Feb. 16, 1938, ch. 30, title III, § 341, 52 Stat. 55.) 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)(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(a)(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(a)(1) 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)(A) of this title. 1947 MARKETING QUOTAS AND ACREAGE ALLOTMENTS Joint Res. July 24, 1946, ch. 616, 60 Stat. 662, sus- pended marketing quotas and acreage allotments for 1947 in view of the critical shortage of fats and oils and protein feeds. § 1342. National marketing quota; proclamation; amount; date of proclamation Whenever during any calendar year the Sec- retary determines that the total supply of cot- ton for the marketing year beginning in such calendar year will exceed the normal supply for such marketing year, the Secretary shall pro- claim 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) ade- quate, 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 cot- ton: 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 nec- essary after taking into consideration the esti- mated stocks of cotton in the United States (in- cluding 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 esti- mated exports for the marketing year for which such quota is being proclaimed, or (ii) ten mil- lion bales, whichever is larger. Such proclama- tion shall be made not later than October 15 of the calendar year in which such determination is made. Notwithstanding the foregoing provi- sions of this section, the national marketing quota for cotton for 1957 and 1958 shall be not less than the number of bales required to pro- vide 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 allot- ment 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 cen- tum per annum, and the acreage required for such increase shall be in addition to the na- tional acreage allotment for such year. Addi- tional 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 provi- sion 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. (Feb. 16, 1938, ch. 30, title III, § 342, 52 Stat. 56; Aug. 29, 1949, ch. 518, § 1, 63 Stat. 670; May 28, 1956, ch. 327, title III, § 302, 70 Stat. 203; Pub. L. 85–835, title I, § 103(1), (2), Aug. 28, 1958, 72 Stat. 989, 990.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–835, § 103(1), substituted proviso pre- scribing, beginning with the 1961 crop, a minimum na- Page 642 TITLE 7—AGRICULTURE § 1342a tional marketing quota for cotton equal to estimated domestic consumption and exports less imports subject to adjustment assuring maintenance of adequate but not excessive stocks, the adjustment not to reduce the national marketing quota for any year below the larger of (1) estimated domestic consumption and exports less one million bales or (2) ten million bales, for provisions prescribing for a national marketing quota not less than the smaller of ten million bales or one million bales less than estimated domestic consumption plus exports and providing for 1950 a national marketing quota based on a twenty-one million national acreage allotment. Pub. L. 85–835, § 103(2), provided for a national mar- keting quota for upland cotton for 1959 and subsequent years based on a sixteen million national acreage allot- ment. 1956—Act May 28, 1956, provided that national mar- keting quota for cotton for 1957 and 1958 shall not be less than the number of bales required to provide a na- tional acreage allotment for 1957 and 1958 equal to na- tional acreage allotment for 1956. 1949—Act Aug. 29, 1949, amended section generally to set up a national marketing quota and to provide for amount and proclamation of such quota. 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)(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(a)(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(a)(1) 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)(A) of this title. Pub. L. 101–624, title V, § 502, Nov. 28, 1990, 104 Stat. 3440, provided that: ‘‘Sections 342, 343, 344, 345, 346, and 377 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1342–1346 and 1377) shall not be applicable to any of the 1991 through 1995 crops of upland cotton.’’ Pub. L. 99–198, title V, § 502, Dec. 23, 1985, 99 Stat. 1418, provided that: ‘‘Sections 342, 343, 344, 345, 346, and 377 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1342–1346 and 1377) [7 U.S.C. 1342, 1343, 1344, 1345, 1346, and 1377] shall not be applicable to any of the 1986 through 1990 crops of upland cotton.’’ Pub. L. 98–88, § 3, Aug. 26, 1983, 97 Stat. 494, provided that: ‘‘Sections 342, 343, 344, 344a, 345, 346, and 377 of the Agricultural Adjustment Act of 1938, as amended [sec- tions 1342, 1343, 1344, 1344b, 1345, 1346, and 1377 of this title], shall not be applicable to the 1984 and subsequent crops of extra long staple cotton.’’ Pub. L. 97–98, title V, § 501, Dec. 22, 1981, 95 Stat. 1234, provided that: ‘‘Sections 342, 343, 344, 345, 346, and 377 of the Agricultural Adjustment Act of 1938 [sections 1342, 1343, 1344, 1345, 1346, and 1377 of this title] shall not be applicable to upland cotton of the 1982 through 1985 crops.’’ Pub. L. 95–113, title VI, § 601, Sept. 29, 1977, 91 Stat. 933, provided that: ‘‘Sections 342, 343, 344, 345, 346, and 377 of the Agricultural Adjustment Act of 1938, as amended [sections 1342, 1343, 1344, 1345, 1346, and 1377 of this title], shall not be applicable to upland cotton of the 1978 through 1981 crops.’’ Pub. L. 91–524, title VI, § 601(1), Nov. 30, 1970, 84 Stat. 1371, as amended by Pub. L. 93–86, § 1(19)(A), Aug. 10, 1973, 87 Stat. 233, provided that this section shall not be applicable to upland cotton of 1971 through 1977 crops. PRELIMINARY ALLOTMENTS FOR 1996 CROP OF UPLAND COTTON Pub. L. 101–624, title V, § 505, Nov. 28, 1990, 104 Stat. 3440, provided that: ‘‘Notwithstanding any other provi- sion of law, the permanent State, county, and farm base acreage allotments for the 1977 crop of upland cot- ton, adjusted for any underplantings in 1977 and recon- stituted as provided in section 379 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379), shall be the pre- liminary allotments for the 1996 crop.’’ PRELIMINARY ALLOTMENTS FOR 1991 CROP OF UPLAND COTTON Pub. L. 99–198, title V, § 506, Dec. 23, 1985, 99 Stat. 1418, provided that: ‘‘Notwithstanding any other provision of law, the permanent State, county, and farm base acre- age allotments for the 1977 crop of upland cotton, ad- justed for any underplantings in 1977 and reconstituted as provided in section 379 of the Agricultural Adjust- ment Act of 1938 (7 U.S.C. 1379), shall be the prelimi- nary allotments for the 1991 crop.’’ PRELIMINARY ALLOTMENTS FOR 1986 CROP OF UPLAND COTTON Pub. L. 97–98, title V, § 506, Dec. 22, 1981, 95 Stat. 1241, provided that: ‘‘Notwithstanding any other provision of law, the permanent State, county, and farm base acre- age allotments for the 1977 crop of upland cotton, ad- justed for any underplantings in 1977 and reconstituted as provided in section 379 of the Agricultural Adjust- ment Act of 1938, as amended [section 1379 of this title], shall again become effective as preliminary allotments for the 1986 crop.’’ PRELIMINARY ALLOTMENTS FOR 1982 CROP OF UPLAND COTTON Pub. L. 95–113, title VI, § 606, Sept. 29, 1977, 91 Stat. 940, provided that: ‘‘Notwithstanding any other provi- sion of law, the permanent State, county, and farm base acreage allotments for the 1977 crop of upland cot- ton, adjusted for any underplantings in 1977 and recon- stituted as provided in section 379 of the Agricultural Adjustment Act of 1938, as amended [section 1379 of this title], shall again become effective as preliminary al- lotments for the 1982 crop.’’ § 1342a. National cotton production goal The Secretary shall, not later than November 15, of the calendar years 1970 through 1976 pro- claim a national cotton production goal for the 1971 and subsequent crops of upland cotton. The national cotton production goal for any year shall be the number of bales of upland cotton (standard bales of four hundred and eighty pounds net weight) equal to the estimated do- mestic consumption and estimated exports for the marketing year beginning in the calendar year for which such national cotton production goal is proclaimed, plus an allowance of not less than 5 per centum of such estimated consump- tion and estimated exports for market expan- sion except that the Secretary shall make such adjustments in the amount of such production goal as he determines necessary after taking into consideration the estimated stocks of up- land cotton in the United States (including the qualities of such stocks) and stocks in foreign countries, which would be available for the mar- keting year, to assure the maintenance of ade- quate but not excessive carryover stocks in the United States (not less than 50 per centum of the average offtake for the three preceding mar- keting years) to provide a continuous and stable supply of the different qualities of upland cotton needed in the United States and in foreign cot-