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7 U.S.C. § 1310a — Normal supply of commodity for 1986
Federal law — U.S. Code and appendices · legal_authorities
Page 615
TITLE 7—AGRICULTURE
§ 1310a
1978—Subsec. (b). Pub. L. 95–334 added applicability to
rice.
Pub. L. 95–279 designated existing provisions as sub-
sec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–624 effective beginning
with 1991 crop of an agricultural commodity, with pro-
vision for prior crops, see section 1171 of Pub. L. 101–624,
set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective Dec. 22, 1981,
see section 1801 of Pub. L. 97–98, set out as an Effective
Date note under section 4301 of this title.
EFFECTIVE AND TERMINATION DATES OF 1980
AMENDMENT
Pub. L. 96–213, § 6, Mar. 18, 1980, 94 Stat. 120, provided
that the amendment made by that section is effective
for the 1980 and 1981 crops.
EFFECTIVE DATE OF 1978 AMENDMENTS
Pub. L. 95–334, title V, § 501(b), Aug. 4, 1978, 92 Stat.
434, provided that: ‘‘This section [amending this sec-
tion] shall become effective October 1, 1978, and any
producers who, prior to such date, receive payments on
the 1978 crop of rice as computed under the Agricul-
tural Act of 1949 [see Short Title note set out under
section 1421 of this title], as amended by the Food and
Agriculture Act of 1977 [see Short Title of 1977 Amend-
ment note set out under section 1281 of this title], may
elect after September 30, 1978, to receive payments as
computed under section 1001(b) of the Food and Agri-
culture Act of 1977, as amended by this section.’’
Pub. L. 95–279, title I, § 103, May 15, 1978, 92 Stat. 241,
provided that: ‘‘Sections 101 and 102 [amending this sec-
tion and section 1444 of this title] of this title shall be-
come effective October 1, 1978, and any producers
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Page 615
TITLE 7—AGRICULTURE
§ 1310a
1978—Subsec. (b). Pub. L. 95–334 added applicability to
rice.
Pub. L. 95–279 designated existing provisions as sub-
sec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–624 effective beginning
with 1991 crop of an agricultural commodity, with pro-
vision for prior crops, see section 1171 of Pub. L. 101–624,
set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective Dec. 22, 1981,
see section 1801 of Pub. L. 97–98, set out as an Effective
Date note under section 4301 of this title.
EFFECTIVE AND TERMINATION DATES OF 1980
AMENDMENT
Pub. L. 96–213, § 6, Mar. 18, 1980, 94 Stat. 120, provided
that the amendment made by that section is effective
for the 1980 and 1981 crops.
EFFECTIVE DATE OF 1978 AMENDMENTS
Pub. L. 95–334, title V, § 501(b), Aug. 4, 1978, 92 Stat.
434, provided that: ‘‘This section [amending this sec-
tion] shall become effective October 1, 1978, and any
producers who, prior to such date, receive payments on
the 1978 crop of rice as computed under the Agricul-
tural Act of 1949 [see Short Title note set out under
section 1421 of this title], as amended by the Food and
Agriculture Act of 1977 [see Short Title of 1977 Amend-
ment note set out under section 1281 of this title], may
elect after September 30, 1978, to receive payments as
computed under section 1001(b) of the Food and Agri-
culture Act of 1977, as amended by this section.’’
Pub. L. 95–279, title I, § 103, May 15, 1978, 92 Stat. 241,
provided that: ‘‘Sections 101 and 102 [amending this sec-
tion and section 1444 of this title] of this title shall be-
come effective October 1, 1978, and any producers who,
prior to such date, receive loans and payments on the
1978 crop of the commodity as computed under the Ag-
ricultural Act of 1949 [see Short Title note set out
under section 1421 of this title], as amended by the
Food and Agriculture Act of 1977 [see Short Title of
1977 Amendment note set out under section 1281 of this
title] may elect after September 30, 1978, to receive
loans and payments as computed under this title.’’
EFFECTIVE DATE
Section effective Oct. 1, 1977, see section 1901 of Pub.
L. 95–113, set out as an Effective Date of 1977 Amend-
ment note under section 1307 of this title.
§ 1310. American agriculture protection program
(a) Determination of short supply; suspension of
commercial export sales; parity price
Notwithstanding any other provision of law,
whenever the President or any other member of
the executive branch of the Federal Government
causes to be suspended, based upon a determina-
tion of short supply, the commercial export
sales of any commodity, as defined in subsection
(c) of this section, to any country or area with
which the United States otherwise continues
commercial trade, the Secretary of Agriculture
shall, on the day the suspension is initiated, set
the loan level for such commodity under the Ag-
ricultural Act of 1949, as amended [7 U.S.C. 1421
et seq.], if a loan program is in effect for the
commodity, at 90 per centum of the parity price
for the commodity, as such parity price is deter-
mined on the day the suspension is initiated.
(b) Duration of loan level
Any loan level established pursuant to sub-
section (a) of this section shall remain in effect
as long as the suspension of commercial export
sales described in subsection (a) remains in ef-
fect.
(c) ‘‘Commodity’’ defined
For purposes of this section, the term ‘‘com-
modity’’ shall include any of the following:
wheat, corn, grain sorghum, soybeans, oats, rye,
barley, rice, flaxseed, and cotton.
(Pub. L. 95–113, title X, § 1002, Sept. 29, 1977, 91
Stat. 950.)
Editorial Notes
REFERENCES IN TEXT
The Agricultural Act of 1949, referred to in subsec.
(a), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is
classified principally to chapter 35A (§ 1421 et seq.) of
this title. 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, and not as part of the Agricultural
Adjustment Act of 1938 which comprises this chapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1977, see section 1901 of Pub.
L. 95–113, set out as an Effective Date of 1977 Amend-
ment note under section 1307 of this title.
§ 1310a. Normal supply of commodity for 1986
through 1995 crops
Notwithstanding any other provision of law, if
the Secretary of Agriculture determines that
the supply of wheat, corn, upland cotton, or rice
for the marketing year for any of the 1986
through 1995 crops of such commodity is not
likely to be excessive and that program meas-
ures to reduce or control the planted acreage of
the crop are not necessary, such a decision shall
constitute a determination that the total supply
of the commodity does not exceed the normal
supply and no determination to the contrary
shall be made by the Secretary with respect to
such commodity for such marketing year.
(Pub. L. 99–198, title X, § 1019, Dec. 23, 1985, 99
Stat. 1459; Pub. L. 101–624, title XI, § 1142, Nov.
28, 1990, 104 Stat. 3515.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Food Security Act
of 1985, and not as part of the Agricultural Adjustment
Act of 1938 which comprises this chapter.
PRIOR PROVISIONS
A prior section 1310a, Pub. L. 97–98, title XI, § 1107,
Dec. 22, 1981, 95 Stat. 1266, provided for a normal supply
of commodities for the 1982 through 1985 crops.
AMENDMENTS
1990—Pub. L. 101–624 substituted ‘‘1995’’ for ‘‘1990’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–624 effective beginning
with 1991 crop of an agricultural commodity, with pro-
Page 616
TITLE 7—AGRICULTURE
§§ 1311 to 1314–1
vision for prior crops, see section 1171 of Pub. L. 101–624,
set out as a note under section 1421 of this title.
PART B—MARKETING QUOTAS
SUBPART I—MARKETING QUOTAS—TOBACCO
§§ 1311 to 1314–1. Repealed. Pub. L. 108–357, title
VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522
Section 1311, act Feb. 16, 1938, ch. 30, title III, § 311, 52
Stat. 45, set forth legislative findings.
Section 1312, acts Feb. 16, 1938, ch. 30, title III, § 312,
52 Stat. 46; Mar. 26, 1938, ch. 54, 52 Stat. 120; Aug. 7, 1939,
ch. 562, 563, 53 Stat. 1261; June 13, 1940, ch. 360, §§ 2, 3, 54
Stat. 392; Nov. 22, 1940, ch. 914, §§ 2, 5, 54 Stat. 1209, 1210;
Feb. 28, 1942, ch. 123, 56 Stat. 121; July 3, 1948, ch. 827,
title II, § 208, 62 Stat. 1257; Aug. 9, 1955, ch. 639, 69 Stat.
557; June 22, 1956, ch. 427, 70 Stat. 330; Pub. L. 99–272,
title I, § 1104(a), Apr. 7, 1986, 100 Stat. 89, related to na-
tional tobacco marketing quotas.
Section 1313, acts Feb. 16, 1938, ch. 30, title III, § 313,
52 Stat. 47; Apr. 7, 1938, ch. 107, § 5, 52 Stat. 202; May 31,
1938, ch. 292, § 2, 52 Stat. 586; Aug. 7, 1939, ch. 564, 53
Stat. 1261; June 13, 1940, ch. 360, § 4, 54 Stat. 392; Feb. 6,
1942, ch. 44, § 1, 56 Stat. 51; Apr. 29, 1943, ch. 80, 57 Stat.
69; Oct. 17, 1951, ch. 511, 65 Stat. 422; Mar. 31, 1955, ch.
21, §§ 3, 4, 69 Stat. 24; Aug. 11, 1955, ch. 789, 69 Stat. 670;
Aug. 11, 1955, ch. 799, 69 Stat. 684; Pub. L. 85–489, § 1,
July 2, 1958, 72 Stat. 291; Feb. 16, 1938, ch. 30, title III,
§ 378(d), as added Pub. L. 85–835, title V, § 501, Aug. 28,
1958, 72 Stat. 995; Pub. L. 89–12, § 2, Apr. 16, 1965, 79 Stat.
72; Pub. L. 90–106, Oct. 12, 1967, 81 Stat. 275, related to
apportionment of national marketing quotas.
Section 1314, acts Feb. 16, 1938, ch. 30, title III, § 314,
52 Stat. 48; Aug. 7, 1939, ch. 565, 53 Stat. 1262; June 13,
1940, ch. 360, § 5, 54 Stat. 393; Feb. 19, 1946, ch. 31, § 2, 60
Stat. 21; June 22, 1954, ch. 339, 68 Stat. 270; Mar. 31, 1955,
ch. 21, § 5, 69 Stat. 24; Pub. L. 97–218, title I, § 103, title
II, § 206(a), July 20, 1982, 96 Stat. 201, 206, related to pen-
alties for marketing of tobacco which is in excess of
quotas or not eligible for price supports.
Section 1314–1, act Feb. 16, 1938, ch. 30, title III, § 314A,
as added Pub. L. 97–218, title III, § 306, July 20, 1982, 96
Stat. 215, related to limitation on sale of tobacco floor
sweepings.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal 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 section 518 of this title.
SAVINGS PROVISION
Repeal not to affect the liability of any person under
this subpart 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.
§ 1314a. Repealed. Pub. L. 90–51, § 2, July 7, 1967,
81 Stat. 121
Section, act Feb. 16, 1938, ch. 30, title III, § 315, as
added Aug. 21, 1958, Pub. L. 85–705, 72 Stat. 703, provided
for a referendum among producers of type 21 (Virginia)
fire-cured tobacco and type 37 Virginia sun-cured to-
bacco on the question of a single combined tobacco
acreage allotment and provided for establishment and
subsequent increases and decreases in allotments.
§§ 1314b to 1314j. Repealed. Pub. L. 108–357, title
VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522
Section 1314b, act Feb. 16, 1938, ch. 30, title III, § 316,
as added Pub. L. 87–200, Sept. 6, 1961, 75 Stat. 469;
amended Pub. L. 87–530, July 10, 1962, 76 Stat. 151; Pub.
L. 87–824, Oct. 15, 1962, 76 Stat. 947; Pub. L. 88–68, July
19, 1963, 77 Stat. 81; Pub. L. 88–80, July 30, 1963, 77 Stat.
114; Pub. L. 88–469, §§ 1, 2, Aug. 20, 1964, 78 Stat. 581; Pub.
L. 89–29, May 27, 1965, 79 Stat. 118; Pub. L. 89–321, title
VII, § 703, Nov. 3, 1965, 79 Stat. 1210; Pub. L. 89–471, June
24, 1966, 80 Stat. 220; Pub. L. 90–6, Mar. 29, 1967, 81 Stat.
6; Pub. L. 90–52, July 7, 1967, 81 Stat. 121; Pub. L. 90–559,
§ 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91–284, §§ 1–4,
June 19, 1970, 84 Stat. 314; Pub. L. 92–311, June 6, 1972,
86 Stat. 215; Pub. L. 93–80, Aug. 1, 1973, 87 Stat. 178; Pub.
L. 93–464, Oct. 24, 1974, 88 Stat. 1416; Pub. L. 94–445, Oct.
1, 1976, 90 Stat. 1489; Pub. L. 95–54, June 25, 1977, 91 Stat.
250; Pub. L. 97–218, title II, § 201, July 20, 1982, 96 Stat.
201; Pub. L. 98–180, title II, §§ 205(a), 206, Nov. 29, 1983, 97
Stat. 1145, 1147; Pub. L. 100–203, title I, § 1112(a), Dec. 22,
1987, 101 Stat. 1330–7; Pub. L. 101–134, § 2(b), Oct. 30, 1989,
103 Stat. 781; Pub. L. 106–78, title VIII, § 803(c)(6)(A), (B),
Oct. 22, 1999, 113 Stat. 1177, 1178; Pub. L. 107–171, title I,
§ 1611(a), May 13, 2002, 116 Stat. 218, related to lease or
sale of acreage allotments.
Section 1314b–1, act Feb. 16, 1938, ch. 30, title III,
§ 316A, as added Pub. L. 97–218, title II, § 202, July 20,
1982, 96 Stat. 205; amended Pub. L. 98–180, title II,
§ 207(a), Nov. 29, 1983, 97 Stat. 1148, related to mandatory
sale of certain Flue-cured tobacco acreage allotments
and marketing quotas.
Section 1314b–2, act Feb. 16, 1938, ch. 30, title III,
§ 316B, as added Pub. L. 97–218, title III, § 302, July 20,
1982, 96 Stat. 210; amended Pub. L. 98–180, title II,
§ 207(b), Nov. 29, 1983, 97 Stat. 1148, related to mandatory
sale of certain Burley tobacco acreage allotments and
marketing quotas.
Section 1314c, act Feb. 16, 1938, ch. 30, title III, § 317,
as added Pub. L. 89–12, § 1, Apr. 16, 1965, 79 Stat. 66;
amended Pub. L. 91–284, § 5, June 19, 1970, 84 Stat. 314;
Pub. L. 97–218, title II, §§ 203, 205(a), 206(b), July 20, 1982,
96 Stat. 205–207; Pub. L. 98–180, title II, §§ 205(b), 208–210,
Nov. 29, 1983, 97 Stat. 1147–1149; Pub. L. 99–182, § 4, Dec.
13, 1985, 99 Stat. 1173; Pub. L. 99–241, § 1, Jan. 30, 1986, 100
Stat. 3; Pub. L. 99–272, title I, §§ 1103(b), 1104(c),
1105(a)(1), Apr. 7, 1986, 100 Stat. 86, 89, 90; Pub. L.
100–203, title I, § 1112(b), Dec. 22, 1987, 101 Stat. 1330–8;
Pub. L. 101–134, § 2(a)(2), Oct. 30, 1989, 103 Stat. 781; Pub.
L. 103–66, title I, § 1106(d)(2), Aug. 10, 1993, 107 Stat. 323;
Pub. L. 103–437, § 4(a)(5), Nov. 2, 1994, 108 Stat. 4581, re-
lated to acreage-poundage quotas.
Section 1314d, act Feb. 16, 1938, ch. 30, title III, § 318,
as added Pub. L. 90–51, § 1, July 7, 1967, 81 Stat. 120;
amended Pub. L. 90–387, July 5, 1968, 82 Stat. 293; Pub.
L. 92–144, Oct. 23, 1971, 85 Stat. 393; Pub. L. 98–180, title
II, § 212(a), Nov. 29, 1983, 97 Stat. 1149; Pub. L. 102–566, § 1,
Oct. 28, 1992, 106 Stat. 4269; Pub. L. 106–224, title II,
§ 204(b)(8), June 20, 2000, 114 Stat. 402, related to trans-
fers involving fire-cured, dark air-cured, and Virginia
sun-cured tobacco.
Section 1314e, act Feb. 16, 1938, ch. 30, title III, § 319,
as added Pub. L. 92–10, § 1, Apr. 14, 1971, 85 Stat. 23;
amended Pub. L. 97–218, title III, § 303(b)–(j), July 20,
1982, 96 Stat. 211–214; Pub. L. 98–59, § 2, July 25, 1983, 97
Stat. 296; Pub. L. 98–180, title II, § 211, Nov. 29, 1983, 97
Stat. 1149; Pub. L. 99–241, § 2, Jan. 30, 1986, 100 Stat. 3;
Pub. L. 99–272, title I, §§ 1103(c), 1104(b), (d), 1105(a)(2),
1107, Apr. 7, 1986, 100 Stat. 86, 89–91; Pub. L. 100–387, title
III, § 304(a)(1), Aug. 11, 1988, 102 Stat. 948; Pub. L. 101–134,
§ 2(a)(1), Oct. 30, 1989, 103 Stat. 781; Pub. L. 101–577, § 2(a),
(b), (d), (e), Nov. 15, 1990, 104 Stat. 2856, 2857; Pub. L.
102–237, title I, § 116(1), Dec. 13, 1991, 105 Stat. 1840; Pub.
L. 103–66, title I, § 1106(d)(1), Aug. 10, 1993, 107 Stat. 323;
Pub. L. 106–78, title VII, § 755(a), Oct. 22, 1999, 113 Stat.
1170; Pub. L. 106–224, title II, § 204(b)(9)–(12), June 20,
2000, 114 Stat. 403; Pub. L. 108–7, div. A, title VII,
§ 765(a), Feb. 20, 2003, 117 Stat. 47, related to farm pound-
age quotas for certain kinds of tobacco.
Section 1314f, act Feb. 16, 1938, ch. 30, title III, § 320,
as added Pub. L. 93–411, Sept. 3, 1974, 88 Stat. 1089;
amended Pub. L. 95–592, § 17, Nov. 4, 1978, 92 Stat. 2534;
Pub. L. 97–98, title XI, § 1108, Dec. 22, 1981, 95 Stat. 1266;
Pub. L. 97–218, title II, § 204, July 20, 1982, 96 Stat. 206,
related to nonquota tobacco subject to quota.
Section 1314g, act Feb. 16, 1938, ch. 30, title III, § 320A,
as added Pub. L. 99–272, title I, § 1103(d), Apr. 7, 1986, 100
Stat. 88, related to submission of purchase intentions
by cigarette manufacturers.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary to take action** Notwithstanding any other provision of law, whenever the Secretary of Agriculture determines that an action authorized under subsection (c), (d), or (e) will reduce the total of the direct and indirect costs to the Federal Government of a commodity program administered by the Secretary without adversely affecting income to small- and medium-sized producers participating in such program, the Secretary shall take such action with respect to the commodity program involved.
**(b) Reservation of Secretary’s right to reopen or change contracts if producer agrees** In the announcement of the specific provisions of any commodity program administered by the Secretary of Agriculture, the Secretary shall include a statement setting forth which, if any, of the actions are to be initially included in the program, and a statement that the Secretary reserves the right to initiate at a later date any action not previously included but authorized by this section, including the right to reopen and change a contract entered into by a producer under the program if the producer voluntarily agrees to the change.
**(c) Purchase from other sources of commodities covered by nonrecourse loans** When a nonrecourse loan program is in effect for a crop of a commodity, the Secretary may enter the commercial market to purchase such commodity if the Secretary determines that the cost of such purchases plus appropriate carrying charges will probably be less than the comparable cost of later acquiring the commodity through defaults on nonrecourse loans under the program.
**(d) Reduction in settlement price of nonrecourse loans** When the domestic market price of a commodity for which a nonrecourse loan program (including the program authorized by [section
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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
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
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