7 U.S.C. § 1445a — Wheat price support levels; ‘‘cooperator’’

Page 761 TITLE 7—AGRICULTURE § 1445a 1 See References in Text note below. modity Credit Corporation on the date that is 2 years after the call of the loans on such to- bacco by the Corporation. (E) Any purchases by a manufacturer from the inventories of the associations or from the Com- modity Credit Corporation for a crop covered by this section in any year of the buy-out period that exceed the quantity of the purchases of the manufacturer required under the agreement, as determined under this section, shall be applied against future purchases required of such manu- facturer. (3) In carrying out this section, manufacturers may confer with one another and, separately or collectively, with associations, the Secretary of Agriculture, and the Commodity Credit Corpora- tion, as may be necessary or appropriate to carry out this section and the purposes of this subtitle.1 (d) Approval of agreements (1)(A) Each agreement entered into under this section shall be submitted to the Secretary of Agriculture for review and approval. (B) In the case of an agreement to purchase to- bacco from the inventory of a producer associa- tion, the agreement shall be submitted by the association. (C) No agreement may become effective until approved by the Secretary. (2) The Secretary of Agriculture shall not ap- prove any agreement submitted under this sec- tion unless the Secretary has determined that— (A) the agreement— (i) will not unduly impair or disrupt the orderly marketing of current and future to- bacco crops during the term of the agree- ment; and (ii) is otherwise consistent with the pur- poses of this subtitle; 1 and (B) the price and other terms of sale are uni- form and nondiscriminatory among various purchasers. (e) Disclosure The limitations on disclosure set forth in sub- sections (c) and (d) of section 1314g 1 of this title shall apply to information submitted by domes- tic manufacturers of cigarettes under this sec- tion with respect to net cigarettes manufac- tured for use, including information provided on ATF Form 3068. Any officer or employee of the Department of Agriculture who violates such limitations on disclosure shall be subject to the penalties set forth in section 1314g(c)(4) 1 of this title. (Pub. L. 99–272, title I, § 1109, Apr. 7, 1986, 100 Stat. 95; Pub. L. 107–296, title XI, § 1112(b), Nov. 25, 2002, 116 Stat. 2276.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsecs. (c)(3) and (d)(2)(A)(ii), is subtitle B (§§ 1101–1112) of title I of Pub. L. 99–272, Apr. 7, 1986, 100 Stat. 83, which enacted sec- tions 1314g, 1314h, and 1445–3 of this title, amended sec- tions 511d, 1301, 1312, 1314c, 1314e, 1372, 1445, 1445–1, and 1445–2 of this title, and enacted provisions set out as notes under sections 1301, 1314c, 1314e, 1314g, 1314h, 1372, 1445, 1445–1, and 1445–2 of this title. For complete classi- fication of this subtitle to the Code, see Tables. Section 1314g of this title, referred to in subsec. (e), was repealed by Pub. L. 108–357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522. CODIFICATION Section was enacted as part of the Consolidated Om- nibus Budget Reconciliation Act of 1985, 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 section 1421 of this title and Tables. AMENDMENTS 2002—Subsec. (c)(2)(A)(i). Pub. L. 107–296 substituted ‘‘by manufacturers of tobacco products to the Tax and Trade Bureau’’ for ‘‘(on ATF Form 3068) by manufac- turers of tobacco products to the Bureau of Alcohol, Tobacco and Firearms’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. RULEMAKING PROCEDURES For implementation of this section by the Secretary of Agriculture without regard to provisions requiring notice and other procedures for public participation in rulemaking contained in section 553 of Title 5, Govern- ment Organization and Employees, or in any other di- rective of the Secretary, see section 1108(c) of Pub. L. 99–272, set out as a note under section 1301 of this title. § 1445a. Wheat price support levels; ‘‘cooperator’’ defined Notwithstanding the provisions of section 1441 of this title, beginning with the 1964 crop— (1) Price support for wheat accompanied by domestic certificates shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Sec- retary determines appropriate, taking into consideration the factors specified in section 1421(b) of this title. (2) Price support for wheat accompanied by export certificates shall be at such level not more than 90 per centum of the parity price therefor as the Secretary determines appro- priate, taking into consideration the factors specified in section 1421(b) of this title. (3) Price support for wheat not accompanied by marketing certificates shall be at such level, not in excess of 90 per centum of the par- ity price therefor, as the Secretary determines appropriate, taking into consideration com- petitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made avail- able for feed grains. (4) Price support shall be made available only to cooperators: and, if a commercial wheat-producing area is established for such crop, price support shall be made available only in the commercial wheat-producing area. (5) Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, the level of price support for any crop of wheat for which a national mar- Page 762 TITLE 7—AGRICULTURE § 1445a keting quota is not proclaimed or for which marketing quotas have been disapproved by producers shall be as provided in section 1441 of this title. (6) A ‘‘cooperator’’ with respect to any crop of wheat produced on a farm shall be a pro- ducer who (i) does not knowingly exceed (A) the farm acreage allotment for wheat on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allot- ment for wheat on any other farm on which the producer shares in the production of wheat, and (ii) complies with the land-use re- quirements of section 1339 of this title, to the extent prescribed by the Secretary. Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, if marketing quotas are not in effect for the crop of wheat, a ‘‘cooperator’’ with respect to any crop of wheat produced on a farm shall be a producer who does not knowingly exceed the farm acreage allotment for wheat. No pro- ducer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is deliv- ered to the Secretary or stored in accordance with applicable regulations to avoid or post- pone payment of the penalty, but the producer shall not be eligible to receive price support on such marketing excess. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 1335 of this title. No producer shall be deemed to have ex- ceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to the provisions of section 1379c(b) of this title, but the producer shall not be eligible to re- ceive price support on the wheat so stored. (Oct. 31, 1949, ch. 792, title I, § 107, as added Pub. L. 87–703, title III, § 325(1), Sept. 27, 1962, 76 Stat. 630; amended Pub. L. 88–297, title II, § 203, Apr. 11, 1964, 78 Stat. 182; Pub. L. 89–321, title V, § 506, Nov. 3, 1965, 79 Stat. 1203; Pub. L. 90–559, § 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91–524, title IV, § 401, Nov. 30, 1970, 84 Stat. 1362; Pub. L. 93–86, § 1(8), Aug. 10, 1973, 87 Stat. 224; Pub. L. 93–125, § 1(b), Oct. 18, 1973, 87 Stat. 450; Pub. L. 93–228, § 1(a), Dec. 29, 1973, 87 Stat. 944.) Editorial Notes AMENDMENTS 1973—Subsec. (a). Pub. L. 93–86, § 1(8)(A), temporarily amended subsec. (a) generally, substituting ‘‘$1.37 per bushel’’ for ‘‘$1.25 per bushel’’. See Effective and Termi- nation Dates of 1970 and 1973 Amendment notes below. Subsec. (b). Pub. L. 93–86, § 1(8)(B), temporarily sub- stituted ‘‘payments’’ for ‘‘certificates’’. See Effective and Termination Dates of 1970 and 1973 Amendment notes below. Subsec. (c). Pub. L. 93–228 substituted ‘‘(or of cotton, corn, grain sorghums, or barley planted in lieu of wheat)’’ for ‘‘(or other nonconserving crop planted in- stead of wheat)’’, in two places. Pub. L. 93–125 substituted ‘‘prevented from planting any portion’’ for ‘‘prevented from planting, any por- tion’’. Pub. L. 93–86, § 1(8)(C), (D), temporarily added subsec. (c). See Effective and Termination Dates of 1970 and 1973 Amendment notes below. 1970—Pub. L. 91–524 temporarily revised section into subsecs. (a) and (b) which provided for loans on wheat at such levels not in excess of the parity price as the Secretary determines appropriate, taking into consid- eration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains, provided that, if a set-aside program is in effect, program benefits would be made available only to pro- ducers who comply with such set-aside program, and placed a floor on the loan of $1.25 per bushel. See Effec- tive and Termination Dates of 1970 Amendment note below. 1968—Subsec. (2). Pub. L. 90–559 provided for a one year extension through 1970. 1965—Pub. L. 89–321 temporarily raised the wheat sup- port level to 100 per centum of parity or as near to 100 per centum as the Secretary determines to be prac- ticable, placed a floor of 100 per centum of parity for wheat accompanied by marketing certificates and $1.25 for wheat not so accompanied under the 1966 crop, guar- anteed to cooperators for 1967 through 1969 crops a total average rate of return per bushel of not less than the total average rate of return per bushel made available to cooperators through loans and domestic marketing certificates for the 1966 crop where the diversion factor is not less than 10 per centum, and eliminated reference to classification as cooperators of producers who do not knowingly exceed the farm acreage allotment for wheat in cases where marketing quotas are not in ef- fect. See Effective and Termination Dates of 1965 Amendment note below. 1964—Subsec. (1). Pub. L. 88–297 substituted ‘‘domestic certificates’’ for ‘‘marketing certificates’’. Subsec. (2). Pub. L. 88–297 added subsec. (2). Former subsec. (2) redesignated (3). Subsec. (3). Pub. L. 88–297 redesignated former subsec. (2) as (3), struck out introductory clause ‘‘if marketing quotas are in effect for wheat’’, and inserted ‘‘not in ex- cess of 90 per centum of the parity price therefor.’’ Former subsec. (3) redesignated (4). Subsec. (4). Pub. L. 88–297 redesignated former subsec. (3) as (4). Former subsec. (4) redesignated (5). Subsec. (5). Pub. L. 88–297 redesignated former subsec. (4) as (5) and inserted introductory phrase ‘‘Effective with respect to crops planted for harvest in the cal- endar year 1966 and any subsequent year,’’. Former sub- sec. (5) redesignated (6). Subsec. (6). Pub. L. 88–297 redesignated former subsec. (5) as (6), struck out introductory clause ‘‘if marketing quotas are in effect for the crop of wheat’’, struck out from cl. (i)(A) ‘‘or any other commodity’’ after ‘‘wheat’’, substituted in cl. (i)(B) ‘‘the farm acreage al- lotment for wheat on any other farm on which the pro- ducer shares in the production of wheat’’ for ‘‘the farm acreage allotment on any other farm for any com- modity in which he has an interest as a producer’’, in- serted ‘‘Effective with respect to crops planted for har- vest in the calendar year 1966 and any subsequent year,’’ before ‘‘if marketing quotas’’, and inserted pro- vision for deeming a producer as not having exceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to section 1379c(b) of this title, but making the producer ineligible to receive price support on the wheat so stored. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1973 AMENDMENT Pub. L. 93–86, § 1(8), Aug. 10, 1973, 87 Stat. 224, provided that the amendment made by section 1(8) is effective beginning with the 1974 crop. EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT Pub. L. 91–524, title IV, § 401, Nov. 30, 1970, 84 Stat. 1362, as amended by Pub. L. 93–86, § 1(8), Aug. 10, 1973, 87 Page 763 TITLE 7—AGRICULTURE § 1445b–5 Stat. 224, provided that the amendment made by sec- tion 401 is effective only with respect to the 1971 through 1977 crops of wheat. EFFECTIVE AND TERMINATION DATES OF 1965 AMENDMENT Pub. L. 89–321, title V, § 506, Nov. 3, 1965, 79 Stat. 1203, as amended by Pub. L. 90–559, § 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment made by sec- tion 506 is effective only with respect to the 1966 through 1970 crops. 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)(4) 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)(4) 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)(4) 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)(D) of this title. Pub. L. 101–624, title III, § 305, Nov. 28, 1990, 104 Stat. 3400, provided that: ‘‘Section 107 of the Agricultural Act of 1949 (7 U.S.C. 1445a) shall not be applicable to the 1991 through 1995 crops of wheat.’’ Pub. L. 99–198, title III, § 312, Dec. 23, 1985, 99 Stat. 1395, provided that: ‘‘Section 107 of the Agricultural Act of 1949 (7 U.S.C. 1445a) shall not be applicable to the 1986 through 1990 crops of wheat.’’ Pub. L. 97–98, title III, § 305, Dec. 22, 1981, 95 Stat. 1227, provided that: ‘‘Section 107 of the Agricultural Act of 1949 [this section] shall not be applicable to the 1982 through 1985 crops of wheat.’’ Pub. L. 95–113, title IV, § 409, Sept. 29, 1977, 91 Stat. 928, provided that: ‘‘Section 107 of the Agricultural Act of 1949, as amended [this section], shall not be applica- ble to the 1977 through 1981 crops of wheat.’’ Pub. L. 95–113, title IV, § 410, Sept. 29, 1977, 91 Stat. 928, provided that: ‘‘Except as otherwise provided in section 401 of this Act [enacting section 1445b(a)–(c) of this title effective only for the 1977 through 1981 crops of wheat], section 107 of the Agricultural Act of 1949, as added by the Agricultural Act of 1970, as amended [this section as amended by Pub. L. 91–524, as amended], to be effective only for the 1974 through 1977 crops of wheat, shall not be applicable to the 1977 crop of wheat.’’ §§ 1445b, 1445b–1. Repealed. Pub. L. 101–624, title III, § 301(1), Nov. 28, 1990, 104 Stat. 3382 Section 1445b, act Oct. 31, 1949, ch. 792, title I, § 107A, as added Sept. 29, 1977, Pub. L. 95–113, title IV, §§ 401, 402, 91 Stat. 921, 924; amended Mar. 18, 1980, Pub. L. 96–213, §§ 3, 4(d), 94 Stat. 119, 120; Sept. 26, 1980, Pub. L. 96–365, title II, § 201(d), 94 Stat. 1320; Dec. 3, 1980, Pub. L. 96–494, title II, § 202(b), 94 Stat. 2570, related to loan rates and target prices for the 1977 through 1981 crops of wheat. Section 1445b–1, act Oct. 31, 1949, ch. 792, title I, § 107B, as added Dec. 22, 1981, Pub. L. 97–98, title III, § 301, 95 Stat. 1221; Sept. 8, 1982, Pub. L. 97–253, title I, §§ 121, 122, 96 Stat. 768; amended Sept. 29, 1983, Pub. L. 98–100, § 1(b), 97 Stat. 718; Apr. 10, 1984, Pub. L. 98–258, title I, §§ 101–103, 98 Stat. 130, 131, related to loan rates and tar- get prices for 1982 through 1985 wheat crops. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective beginning with 1991 crop of an agri- cultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title. § 1445b–2. Transferred Editorial Notes CODIFICATION Section, act Oct. 31, 1949, ch. 792, title I, § 107C, as added Sept. 8, 1982, Pub. L. 97–253, title I, § 120, 96 Stat. 766, and amended, which related to advance deficiency and diversion payments, was renumbered section 114 of act Oct. 31, 1949, by Pub. L. 101–624, title XI, § 1161(a)(1), Nov. 28, 1990, 104 Stat. 3520, and transferred to section 1445j of this title. § 1445b–3. Omitted Editorial Notes CODIFICATION Section, act Oct. 31, 1949, ch. 792, title I, § 107A, for- merly § 107D, as added Dec. 23, 1985, Pub. L. 99–198, title III, § 308, 99 Stat. 1383; amended Feb. 28, 1986, Pub. L. 99–253, § 1, 100 Stat. 36; Mar. 20, 1986, Pub. L. 99–260, §§ 2(a), 7(a), 100 Stat. 45, 50; Oct. 18, 1986, Pub. L. 99–500, § 152, 100 Stat. 1783–352, and Oct. 30, 1986, Pub. L. 99–591, § 152, 100 Stat. 3341–355; Nov. 10, 1986, Pub. L. 99–641, title II, § 202, 100 Stat. 3563; May 27, 1987, Pub. L. 100–45, § 2, 101 Stat. 318; Dec. 22, 1987, Pub. L. 100–203, title I, §§ 1101(a), 1102(a), 1111, 1113(a), 1201, 101 Stat. 1330–1, 1330–2, 1330–7, 1330–8, 1330–10; renumbered § 107A, Nov. 28, 1990, Pub. L. 101–624, title III, § 301(2), 104 Stat. 3382, re- lated to loan rates and target prices. See Effective and Termination Dates note below. A prior section 107A of act Oct. 31, 1949, ch. 792, title I, as added Sept. 29, 1977, Pub. L. 95–113, title IV, §§ 401, 402, 91 Stat. 921, 924, was classified to section 1445b of this title, prior to repeal by section 301(1) of Pub. L. 101–624. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Pub. L. 99–198, title III, § 308, Dec. 23, 1985, 99 Stat. 1383, provided that this section is effective only for the 1986 through 1990 crops of wheat. § 1445b–3a. Repealed. Pub. L. 104–127, title I, § 171(b)(2)(D), Apr. 4, 1996, 110 Stat. 938 Section, act Oct. 31, 1949, ch. 792, title I, § 107B, as added Nov. 28, 1990, Pub. L. 101–624, title III, § 301(3), 104 Stat. 3382; amended Nov. 5, 1990, Pub. L. 101–508, title I, §§ 1101(a), 1102(a), 104 Stat. 1388–1; Dec. 13, 1991, Pub. L. 102–237, title I, §§ 102(d), 103(b), 106(d), 113(6), 105 Stat. 1822, 1823, 1826, 1837; Aug. 10, 1993, Pub. L. 103–66, title I, § 1102, 107 Stat. 314; Oct. 13, 1994, Pub. L. 103–354, title I, § 119(a)(5), 108 Stat. 3207, related to loans, payments, and acreage reduction programs for 1991 through 1995 crops of wheat. § 1445b–4. Transferred Editorial Notes CODIFICATION Section, act Oct. 31, 1949, ch. 792, title I, § 107E, as added Dec. 23, 1985, Pub. L. 99–198, title X, § 1005, 99 Stat. 1448, and amended, which related to payments in com- modities, was renumbered section 115 of act Oct. 31, 1949, by Pub. L. 101–624, title XI, § 1161(a)(1), Nov. 28, 1990, 104 Stat. 3520, and transferred to section 1445k of this title. § 1445b–5. Repealed. Pub. L. 101–624, title XI, § 1161(a)(2), Nov. 28, 1990, 104 Stat. 3520 Section, act Oct. 31, 1949, ch. 792, title I, § 107F, as added Dec. 23, 1985, Pub. L. 99–198, title X, § 1006, 99 Stat.