7 U.S.C. § 1335 — Small-farm exemption; small-farm base

Page 631 TITLE 7—AGRICULTURE § 1335 allotments for such crop and marketing quotas for the marketing year therefor shall not be ap- plicable to any farm in such State. Acreage al- lotments in any State shall not be increased by reason of such designation. (Feb. 16, 1938, ch. 30, title III, § 334a, as added Pub. L. 87–703, title III, § 314, Sept. 27, 1962, 76 Stat. 620.) Editorial Notes REFERENCES IN TEXT The Agricultural Act of 1949, referred to in text, 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective only with respect to programs appli- cable to crops planted for harvest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see sec- tion 323 of Pub. L. 87–703, set out as an Effective Date of 1962 Amendment note under section 1301 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(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. Section inapplicable to 1991 through 1995 crops of wheat, see section 303 of Pub. L. 101–624, set out as a note under section 1331 of this title. § 1335. Small-farm exemption; small-farm base acreage; election; acreage allotment; land-use provisions; price support; wheat marketing certificates Notwithstanding any other provision of this subpart, no farm marketing quota for any crop of wheat shall be applicable to any farm with a farm acreage allotment of less than fifteen acres if the acreage of such crop of wheat does not ex- ceed the small-farm base acreage determined for the farm, unless the operator elects in writing on a form and within the time prescribed by the Secretary to be subject to the farm acreage al- lotment and marketing quota. The small-farm base acreage for a farm shall be the smaller of (A) the average acreage of the crop of wheat planted for harvest in the three years 1959, 1960, and 1961, or such later three-year period, exclud- ing 1963, determined by the Secretary to be rep- resentative, with adjustments for abnormal weather conditions, established crop-rotation practices on the farm, and such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equi- table small-farm base acreage, or (B) fifteen acres. The acreage allotment for any farm shall be the larger of (1) the small-farm base acreage determined as provided above on the basis of the three-year period 1959–1961, reduced by the same percentage by which the national acreage allot- ment for the crop is reduced below fifty-five mil- lion acres, or (2) the acreage allotment deter- mined without regard to (1) above. If the oper- ator of any such farm fails to make such elec- tion with respect to any crop of wheat, (i) for the purposes of section 1340 of this title, the farm acreage allotment for such crop of wheat shall be deemed to be the larger of (A) the small- farm base acreage or (B) the acreage allotment for the farm, (ii) the land-use provisions of sec- tion 1339 of this title shall be inapplicable to the farm, (iii) such crop of wheat shall not be eligi- ble for price support, and (iv) wheat marketing certificates applicable to such crop shall not be issued with respect to the farm. The additional acreage required to provide acreage allotments for farms based upon small-farm base acreages under this section shall be in addition to Na- tional, State, and county acreage allotments. This section shall not be applicable to the crops planted for harvest in 1967 and subsequent years. (Feb. 16, 1938, ch. 30, title III, § 335, 52 Stat. 54; July 26, 1939, ch. 379, 53 Stat. 1126; June 6, 1940, ch. 237, 54 Stat. 232; July 3, 1948, ch. 827, title II, §§ 204(a), 62 Stat. 1256; Aug. 28, 1954, ch. 1041, title III, § 309, 68 Stat. 903; Pub. L. 85–203, § 1, Aug. 28, 1957, 71 Stat. 477; Pub. L. 87–128, title I, § 122(e), Aug. 8, 1961, 75 Stat. 297; Pub. L. 87–703, title III, § 315, Sept. 27, 1962, 76 Stat. 621; Pub. L. 89–321, title V, § 501(8), Nov. 3, 1965, 79 Stat. 1201; Pub. L. 99–198, title III, § 305, Dec. 23, 1985, 99 Stat. 1380.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, tem- porarily substituting provisions relating to marketing penalties for provisions for small-farm exemptions from marketing quotas. See Effective and Termination Dates of 1985 Amendment note below. 1965—Pub. L. 89–321 made section inapplicable to crops planted for harvest in 1967 and subsequent years. 1962—Pub. L. 87–703 substituted provisions for small- farm exemption from marketing quotas for provisions of subsecs. (a), (b), (c), (e), and (f), respecting the estab- lishment of marketing quotas, the amount of national and farm marketing quotas, designation of States out- side commercial wheat-producing areas (now covered by section 1334b of this title), and feed wheat exemption permitting any producer to harvest up to 30 acres of wheat without penalty if the entire crop is used on the farm where produced. 1961—Subsec. (d). Pub. L. 87–128 repealed subsec. (d) which provided that no farm marketing quota with re- spect to wheat shall be applicable in any marketing year to any farm on which the normal production of the acreage planted to wheat of the current crop is less than 200 bushels. 1957—Subsec. (f). Pub. L. 85–203 added subsec. (f). 1954—Subsec. (a). Act Aug. 28, 1954, § 309(a), sub- stituted ‘‘May 15’’ for ‘‘July 1’’. Subsec. (e). Act Aug. 28, 1954, § 309(b), added subsec. (e). 1948—Subsec. (a). Act July 3, 1948, changed conditions which must be determined by the Secretary to exist be- fore marketing quotas can be imposed. 1940—Subsec. (d). Act June 6, 1940, substituted ‘‘two hundred’’ for ‘‘one hundred’’. Page 632 TITLE 7—AGRICULTURE § 1336 Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Pub. L. 99–198, title III, § 305, Dec. 23, 1985, 99 Stat. 1380, provided that the amendment made by Pub. L. 99–198 is effective only for the 1987 through 1990 crops of wheat. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–321 effective beginning with the crop planted for harvest in calendar year 1966, see section 501 of Pub. L. 89–321, set out as a note under section 1332 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–703 effective only with re- spect to programs applicable to crops planted for har- vest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a note under section 1301 of this title. EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–128, title I, § 122(e), Aug. 8, 1961, 75 Stat. 297, provided that the amendment made by Pub. L. 87–128 is effective with the 1962 crop of wheat. EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 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(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. Section inapplicable to 1991 through 1995 crops of wheat, see section 303 of Pub. L. 101–624, set out as a note under section 1331 of this title. Section inapplicable to 1986 crop of wheat, see section 310(a) of Pub. L. 99–198, set out as a note under section 1332 of this title. Section inapplicable to 1982 through 1985 crops of wheat, see section 303 of Pub. L. 97–98, set out as a note under section 1331 of this title. Section inapplicable to 1978 through 1981 crops of wheat, see section 404 of Pub. L. 95–113, set out as a note under section 1331 of this title. Pub. L. 91–524, title IV, § 404(1), Nov. 30, 1970, 84 Stat. 1366, as amended by Pub. L. 93–86, § 1(11), Aug. 10, 1973, 87 Stat. 229, provided that this section is not applicable to 1971 through 1977 crops of wheat. § 1336. Referendum If a national marketing quota for wheat for one, two, or three marketing years is pro- claimed, the Secretary shall, not later than Au- gust 1 of the calendar year in which such na- tional marketing quota is proclaimed, conduct a referendum, by secret ballot, of farmers to de- termine whether they favor or oppose marketing quotas for the marketing year or years for which proclaimed. Any producer who has a farm acreage allotment shall be eligible to vote in any referendum held pursuant to this section, except that a producer who has a farm acreage allotment of less than fifteen acres shall not be eligible to vote unless the farm operator elected pursuant to section 1335 of this title to be sub- ject to the farm marketing quota. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum, and if the Secretary deter- mines that more than one-third of the farmers voting in the referendum voted against mar- keting quotas, the Secretary shall proclaim that marketing quotas will not be in effect with re- spect to the crop of wheat produced for harvest in the calendar year following the calendar year in which the referendum is held. If the Secretary determines that two-thirds or more of the farm- ers voting in a referendum approve marketing quotas for a period of two or three marketing years, no referendum shall be held for the subse- quent year or years of such period. Notwith- standing any other provision hereof, the ref- erendum with respect to the national marketing quota for wheat for the marketing year begin- ning June 1, 1986, may be conducted not later than thirty-one days after December 20, 1985. (Feb. 16, 1938, ch. 30, title III, § 336, 52 Stat. 55; July 3, 1948, ch. 827, title II, § 204(b), 62 Stat. 1256; Pub. L. 87–104, July 25, 1961, 75 Stat. 220; Pub. L. 87–128, title I, § 122(f), Aug. 8, 1961, 75 Stat. 297; Pub. L. 87–540, July 19, 1962, 76 Stat. 170; Pub. L. 87–703, title III, § 316, Sept. 27, 1962, 76 Stat. 621; Pub. L. 88–297, title II, § 202(6), Apr. 11, 1964, 78 Stat. 179; Pub. L. 89–82, July 24, 1965, 79 Stat. 258; Pub. L. 91–348, July 23, 1970, 84 Stat. 448; Pub. L. 91–455, Oct. 15, 1970, 84 Stat. 969; Pub. L. 93–68, July 10, 1973, 87 Stat. 161; Pub. L. 95–48, June 17, 1977, 91 Stat. 229; Pub. L. 97–24, § 1, July 23, 1981, 95 Stat. 143; Pub. L. 97–62, Oct. 14, 1981, 95 Stat. 1010; Pub. L. 97–67, § 2, Oct. 20, 1981, 95 Stat. 1039; Pub. L. 97–77, § 2(b), Nov. 13, 1981, 95 Stat. 1069; Pub. L. 99–63, July 11, 1985, 99 Stat. 119; Pub. L. 99–198, title III, § 306, Dec. 23, 1985, 99 Stat. 1382.) Editorial Notes CODIFICATION ‘‘December 20, 1985’’ substituted in text for ‘‘adjourn- ment sine die of the first session of the Ninety-ninth Congress’’. AMENDMENTS 1985—Pub. L. 99–198, temporarily amended section generally. Prior to amendment, section read as follows: ‘‘If a national marketing quota for wheat for one, two, or three marketing years is proclaimed, the Secretary shall, not later than August 1 of the calendar year in which such national marketing quota is proclaimed, conduct a referendum, by secret ballot, of farmers to determine whether they favor or oppose marketing quotas for the marketing year or years for which pro- claimed. Any producer who has a farm acreage allot- ment shall be eligible to vote in any referendum held pursuant to this section, except that a producer who has a farm acreage allotment of less than fifteen acres shall not be eligible to vote unless the farm operator elected pursuant to section 1335 of this title to be sub- ject to the farm marketing quota. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum, and if the Secretary determines that more than one- third of the farmers voting in the referendum voted