7 U.S.C. § 1422 — Increase of price support levels

Page 708 TITLE 7—AGRICULTURE § 1422 crop reports to be distributed by the Secretary during the growing season. The report shall con- tain statements of the conditions of those crops by State, with such explanations, comparisons, and information as may be useful for illus- trating such reports. (b) Special reports (1) In general In addition to the reports compiled pursuant to subsection (a), the Secretary shall annually survey producers for information for reports regarding supply, acreage, production, disposi- tion, and prices for the following commodities as determined by the Secretary: (A) 25 fresh market vegetables; (B) 3 processing vegetables; (C) 6 fruits and nuts; (D) 17 forage and turf seeds; (E) 50 vegetable seeds; and (F) maple syrup. (2) Administrative The Secretary shall annually prepare a re- port containing results of the surveys de- scribed in paragraph (1) in such States as de- termined by the Secretary. Such reports shall be submitted to and officially approved by the Secretary of Agriculture before being issued or published. (c) Tree inventories The Secretary shall survey producers for in- formation for reports regarding fruit and nut tree inventories. Such surveys and reports shall be conducted, printed, and distributed on a reg- ular basis every 3 to 5 years as determined by the Secretary. Reports shall be submitted to and officially approved by the Secretary before being issued or published. (d) Omitted (e) Authorization There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 101–624, title XXV, § 2514, Nov. 28, 1990, 104 Stat. 4074.) Editorial Notes CODIFICATION Section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Agricultural Act of 1949 which is classified prin- cipally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. Section is comprised of section 2514 of Pub. L. 101–624. Subsec. (d) of section 2514 of Pub. L. 101–624 repealed section 411a of this title. § 1422. Increase of price support levels (a) Notwithstanding any other provision of this Act, price support at a level in excess of the maximum level of price support otherwise pre- scribed in this Act may be made available for any agricultural commodity if the Secretary de- termines, after a public hearing of which reason- able notice has been given, that price support at such increased level is necessary in order to pre- vent or alleviate a shortage in the supply of any agricultural commodity essential to the na- tional welfare or in order to increase or main- tain the production of any agricultural com- modity in the interest of national security. The Secretary’s determination and the record of the hearing shall be available to the public. (b) Effective only for the 1991 through 1995 crops of wheat, feed grains, cotton, and rice, the Secretary of Agriculture may provide for annual adjustments in the established prices for such program crops to reflect any change during the last calendar year ending before the beginning of each such crop year in the index of prices paid by farmers for production items, interest, taxes, and wage rates in such calendar year. (Oct. 31, 1949, ch. 792, title IV, § 402, 63 Stat. 1054; Pub. L. 101–624, title XI, § 1127, Nov. 28, 1990, 104 Stat. 3508.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, 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. AMENDMENTS 1990—Pub. L. 101–624 designated existing provisions as subsec. (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. 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)(10) 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)(10) 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)(10) 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)(J) of this title. 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 said Administration excepted from functions of offi- cers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. Page 709 TITLE 7—AGRICULTURE § 1423 § 1423. Adjustments of support prices (a) In general The Secretary may make appropriate adjust- ments in the support price for any commodity (excluding cotton) for differences in grade, type, quality, location and other factors. The adjust- ments shall, so far as practicable, be made in such manner that the average support price for the commodity will, on the basis of the antici- pated incidence of such factors be equal to the level of support determined as provided in this Act. Beginning with the 1991 crops of wheat, feed grains, and soybeans for which price support is provided under this Act, the Secretary shall es- tablish premiums and discounts related to cleanliness factors in addition to any other pre- miums or discounts related to quality. (b) Adjustment in support prices for cotton The Secretary may make appropriate adjust- ments in the support price for cotton for dif- ferences in quality factors and location. Begin- ning with the 1991 crop, the quality differences (premiums and discounts for quality factors) for the upland cotton loan program shall be estab- lished by the Secretary by giving equal weight to (1) loan differences for the preceding crop, and (2) market differences for such crop in the designated United States spot markets. (c) Limitation on adjustments for wheat and feed grains Notwithstanding any other provision of this section, for each of the 1990 through 1995 crops of wheat and feed grains, no adjustment in the loan rate applicable to a particular region, State, or county for the purpose of reflecting transpor- tation differentials may increase or decrease the regional, State, or county loan rate from the level established for the previous year by more than the percentage change in the national av- erage loan rate plus or minus 3 percent. (Oct. 31, 1949, ch. 792, title IV, § 403, 63 Stat. 1054; Pub. L. 85–835, title I, §§ 108, 111, Aug. 28, 1958, 72 Stat. 993; Pub. L. 89–321, title VIII, § 802, Nov. 3, 1965, 79 Stat. 1213; Pub. L. 97–98, title V, § 507, Dec. 22, 1981, 95 Stat. 1241; Pub. L. 100–203, title I, § 1105, Dec. 22, 1987, 101 Stat. 1330–5; Pub. L. 101–624, title XI, § 1128, title XX, § 2011, Nov. 28, 1990, 104 Stat. 3508, 3932.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, 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. AMENDMENTS 1990—Pub. L. 101–624, § 2011, inserted at end of subsec. (a) ‘‘Beginning with the 1991 crops of wheat, feed grains, and soybeans for which price support is pro- vided under this Act, the Secretary shall establish pre- miums and discounts related to cleanliness factors in addition to any other premiums or discounts related to quality.’’ Pub. L. 101–624, § 1128, in amending section generally, designated part of existing text as subsecs. (a), (b), and (c), and in subsec. (a) inserted provisions excluding cot- ton, in subsec. (b) substituted reference to 1991 crop for reference to 1982 crop, and substituted reference to quality factors for reference to grade, staple and micronaire, and in subsec. (c) substituted reference to 1990 through 1995 crops for reference to 1988 through 1990 crops, substituted reference to 3 percent for ref- erence to 2 percent, and struck out provisions relating to establishment and duties of a study committee and authority of Secretary to review and revise procedures and criteria for establishing values of premiums and discounts for grade, staple and micronaire for upland cotton program. 1987—Pub. L. 100–203 inserted at end ‘‘Notwith- standing the preceding provisions of this section, for each of the 1988 through 1990 crops of wheat and feed grains, no adjustment in the loan rate applicable to a particular region, State, or county for the purpose of reflecting transportation differentials may increase or decrease such regional, State, or county loan rate from the level established for the previous year by more than the percentage change in the national average loan rate plus or minus 2 percent.’’ 1981—Pub. L. 97–98 inserted provision directing that beginning with 1982 crop of upland cotton, the quality differences for the loan program be established by giv- ing equal weight to the loan differences for the pre- ceding crop and to the market differences for the crop in the nine designated United States spot markets and authorizing the Secretary to establish a study com- mittee to study and report on alternative methods of establishing values of premiums and discounts for grade, staple, and micronaire for the upland cotton loan program that accurately represent true relative market values and reflect actual market demand for upland cotton produced in the United States and to re- view procedures and criteria for determining quality differences, prior to the announcement of the loan rate differences for the 1982 crop of upland cotton, and based on such review, revise such procedures and criteria to actually reflect the actual market value of upland cot- ton produced in the United States. 1965—Pub. L. 89–321 provided that, in determining support prices for 1966 and 1967 rice crops, the Secretary shall use head and broken rice value factors for the var- ious varieties which are not lower than those with re- spect to the 1965 crop and which do not differ as be- tween any two varieties by a greater amount than the value factors used with respect to the 1965 crop for such two varieties differed. 1958—Pub. L. 85–835 provided for support of split grades and struck out, effective with the 1961 crop, sen- tence prescribing standard cotton grade for parity and price support purposes. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 1128 of Pub. L. 101–624 effec- tive beginning with 1991 crop of an agricultural com- modity, with provision 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. 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)(10) 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)(10) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable