7 U.S.C. § 1442 — Price support and acreage requirements

Page 740 TITLE 7—AGRICULTURE § 1441–2 (2) (if the Secretary and the person agree) other agricultural commodities or the products there- of owned by the Commodity Credit Corporation, at such times, in such manner, and at such price levels as the Secretary determines will best ef- fectuate the purposes of the program established under this section. Notwithstanding any other provision of law, any price restrictions that may otherwise apply to the disposition of agricul- tural commodities by the Commodity Credit Corporation shall not apply to the redemption of certificates under this section. (d) Exchange of certificates for commodities and products Insofar as practicable, the Secretary shall per- mit owners of certificates to designate the com- modities and the products thereof, including storage sites thereof, such owners would prefer to receive in exchange for certificates. If any certificate is not presented for redemption, mar- keting, or exchange within a reasonable number of days after the issuance of such certificate (as determined by the Secretary), reasonable costs of storage and other carrying charges, as deter- mined by the Secretary, shall be deducted from the value of the certificate for the period begin- ning after such reasonable number of days and ending with the date of the presentation of such certificate to the Commodity Credit Corpora- tion. (e) Prevention of adverse effects The Secretary of Agriculture shall take such measures as may be necessary to prevent the marketing or exchange of agricultural commod- ities and the products thereof for certificates under this section from adversely affecting the income of producers of such commodities or products. (f) Transfer of certificates Under regulations prescribed by the Secretary of Agriculture, certificates issued to rice export- ers under this section may be transferred to other exporters and persons approved by the Secretary. (Pub. L. 99–198, title VI, § 603, Dec. 23, 1985, 99 Stat. 1429.) Editorial Notes CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For com- plete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. § 1441–2. Repealed. Pub. L. 104–127, title I, § 171(b)(2)(A), Apr. 4, 1996, 110 Stat. 938 Section, act Oct. 31, 1949, ch. 792, title I, § 101B, as added Nov. 28, 1990, Pub. L. 101–624, title VI, § 601, 104 Stat. 3443; amended Nov. 5, 1990, Pub. L. 101–508, title I, §§ 1101(d), 1102(c), 104 Stat. 1388–1, 1388–2; Dec. 13, 1991, Pub. L. 102–237, title I, §§ 102(a), 104, 106(a), 113(1), 105 Stat. 1821, 1823, 1824, 1837; Aug. 10, 1993, Pub. L. 103–66, title I, § 1104, 107 Stat. 316; May 6, 1994, Pub. L. 103–247, § 1(a), 108 Stat. 618; Oct. 13, 1994, Pub. L. 103–354, title I, § 119(a)(2), 108 Stat. 3207, related to loans, payments, and acreage reduction programs for 1991 through 1995 crops of rice. § 1441a. Cost of production study and establish- ment of current national weighted average cost of production The Secretary of Agriculture, in cooperation with the land grant colleges, commodity organi- zations, general farm organizations, and indi- vidual farmers, shall conduct a cost of produc- tion study of the wheat, feed grain, cotton, and dairy commodities under the various production practices and establish a current national weighted average cost of production. This study shall be updated annually and shall include all typical variable costs, including interest costs, a return on fixed costs, and a return for manage- ment. (Pub. L. 91–524, title VIII, § 808, as added Pub. L. 93–86, § 1(27)(B), Aug. 10, 1973, 87 Stat. 237; amend- ed Pub. L. 97–98, title XI, § 1117, Dec. 22, 1981, 95 Stat. 1271.) Editorial Notes CODIFICATION Section was enacted as part of the Agricultural Act of 1970 as added by the Agriculture and Consumer Pro- tection Act of 1973, and not as part of the Agricultural Act of 1949 which is classified principally to this chap- ter. 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 1981—Pub. L. 97–98 inserted ‘‘including interest costs,’’ after ‘‘variable costs,’’, substituted ‘‘, and a re- turn for management’’ for ‘‘equal to the existing inter- est rates charged by the Federal Land Bank, and return for management comparable to the normal manage- ment fees charged by other comparable industries’’, and struck out provision that these studies be based upon the size unit that requires one man to farm on a full-time basis. Statutory Notes and Related Subsidiaries 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. § 1442. Price support and acreage requirements for corn and other feed grains (a) Conditions of eligibility Notwithstanding any other provision of law, whenever base acreages are in effect for corn, the Secretary shall require, as a condition of eli- gibility for price support on corn, that the pro- ducer (1) devote an acreage of cropland (tilled in normal rotation), at the option of the producer, to either the acreage reserve program for corn or the conservation reserve program, equal to 15 per centum of such producer’s farm base acreage for corn, and (2) not exceed such farm base acre- age for corn: Provided, That price support may be made available to any producer who does not meet the foregoing requirements at such level, not in excess of the level of price support to pro- ducers who meet such requirements, as the Sec- retary determines will facilitate the effective operation of the price support program. Corn acreage allotments shall not be effective for the 1956 crop. Page 741 TITLE 7—AGRICULTURE § 1444 1 See References in Text note below. (b) Referendum of producers of corn Not later than December 15, 1956, the Sec- retary shall conduct a referendum of producers of corn in 1956 in the commercial corn-producing area to determine whether such producers favor a price-support program as provided in sub- section (c) of this section for the 1957 and subse- quent crops in lieu of acreage allotments as pro- vided in the Agricultural Adjustment Act of 1938, as amended [7 U.S.C. 1281 et seq.], and price support as provided in section 1441 of this title. (c) Restriction on acreage allotment of corn; price support level Notwithstanding any other provision of law, if two-thirds or more of the producers voting in the referendum conducted pursuant to sub- section (b) favor a price-support program as pro- vided in this subsection, no acreage allotment of corn shall be established for the commercial corn-producing area for any county, or for any farm, with respect to the 1957 and subsequent crops, and price support made available for such crops by Commodity Credit Corporation shall be at such level as the Secretary determines will assist producers in marketing corn in the nor- mal channels of trade but not encourage the un- economic production of corn. (d) Price support level for 1956 and 1957 crops of grain sorghums, barley, rye, oats, and corn Notwithstanding any other provision of law, (1) the level of price support for the 1956 crop of grain sorghums, barley, rye, and oats, respec- tively, shall be 76 per centum of the parity price for the commodity as of May 1, 1956, (2) the level of price support for corn produced outside the commercial corn-producing area, for any crop for which base acreages are in effect (except as provided in (3) below), shall be 821⁄2 per centum of the level of price support for corn in the com- mercial corn-producing area to producers com- plying with acreage limitations, and (3) if price support is made available for the 1957 crop of corn in the commercial corn-producing area to producers not complying with acreage limita- tions, price support shall be made available for the 1957 crop of grain sorghums, barley, rye, oats, and corn produced outside the commercial corn-producing area, respectively, at a level, not less than 70 per centum of the parity price as of the beginning of the marketing year, deter- mined by the Secretary to be fair and reasonable in relation to the level at which price support is made available for corn in the commercial corn- producing area to producers not complying with acreage limitations, taking into consideration the normal price relationships between such commodity and corn in the commercial area, the feed value of such commodity in relation to corn, the supply of such commodity in relation to the demand therefor, and the ability to dis- pose of stocks of such commodity acquired through price support programs. (May 28, 1956, ch. 327, title III, § 308, 70 Stat. 206.) Editorial Notes REFERENCES IN TEXT The Agricultural Adjustment Act of 1938, referred to in subsec. (b), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables. CODIFICATION Section was enacted as part of the Agricultural Act of 1956, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For com- plete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. Statutory Notes and Related Subsidiaries REFERENDUM OF PRODUCERS OF CORN The referendum provided for in subsec. (b) of this sec- tion was held on Dec. 11, 1956, and the required two- thirds vote was not obtained in favor of the price sup- port program provided for in subsec. (c) of this section. See 22 F.R. 480. § 1443. Omitted Editorial Notes CODIFICATION Section, act Oct. 31, 1949, ch. 792, title I, § 102, as added Aug. 28, 1958, Pub. L. 85–835, title I, § 101, 72 Stat. 988, related to acreage allotment and price support lev- els for the 1959 and 1960 crops of upland cotton. § 1444. Cotton price support levels (a) Basic support levels for 1961 and subsequent years Notwithstanding the provisions of section 1441 of this title, price support to cooperators for each crop of upland cotton, beginning with the 1961 crop, for which producers have not dis- approved marketing quotas shall be at such level not more than 90 per centum of the parity price therefor nor less than the minimum level prescribed below as the Secretary determines appropriate after consideration of the factors specified in section 1421(b) of this title. For the 1961 crop the minimum level shall be 70 per cen- tum of the parity price therefor, and for each subsequent crop the minimum level shall be 65 per centum of the parity price therefor: Pro- vided, That the price support for the 1965 crop shall be a national average support price which reflects 30 cents per pound for Middling one-inch cotton. Price support in the case of noncoopera- tors and in case marketing quotas are dis- approved shall be as provided in section 1441(d)(3) and (5) 1 of this title. (b) Additional support levels for 1964 and 1965 If producers have not disapproved marketing quotas, the Secretary shall provide additional price support on the 1964 and 1965 crops of up- land cotton to cooperators on whose farms the acreage planted to upland cotton for harvest does not exceed the farm domestic allotment es- tablished under section 1350 of this title. Such additional support shall be at a level up to 15 per centum in excess of the basic level of support es- tablished under subsection (a) and shall be pro- vided on the normal yield of the acreage planted for harvest within the farm domestic allotment. For purposes of this subsection, an acreage on