Title 21 — Food and Drugs
Part E · Chapter 13 — Drug Abuse Prevention and Control
§ 889. Production control of controlled substances
Statutory text
Definitions
As used in this section:
The term “controlled substance” has the same meaning given such term in section 802(6) of this title.
The term “Secretary” means the Secretary of Agriculture.
The term “State” means each of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.
Persons ineligible for Federal agricultural program benefits
Notwithstanding any other provision of law, following , any person who is convicted under Federal or State law of planting, cultivation, growing, producing, harvesting, or storing a controlled substance in any crop year shall be ineligible for—
as to any commodity produced during that crop year, and the four succeeding crop years, by such person—
any price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act;
a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h));
crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
a disaster payment made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.); or
a loan made, insured or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Farmers Home Administration; or
a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) for the storage of an agricultural commodity that is—
produced during that crop year, or any of the four succeeding crop years, by such person; and
acquired by the Commodity Credit Corporation.
Regulations
Not later than 180 days after , the Secretary shall issue such regulations as the Secretary determines are necessary to carry out this section, including regulations that—
define the term “person”;
govern the determination of persons who shall be ineligible for program benefits under this section; and
protect the interests of tenants and sharecroppers.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Comprehensive Drug Abuse Prevention and Control Act of 1970
Pub. L. 91–513 title II § 519 · 84 Stat. 1236
Enacted · 21 U.S.C. § 889
Pub. L. 91–513, title II, § 519, formerly Pub. L. 99–198, title XVII, § 1764, Dec. 23, 1985, 99 Stat. 1652
Source evidence
Code source credit
Pub. L. 91–513, title II, § 519, formerly Pub. L. 99–198, title XVII, § 1764, Dec. 23, 1985, 99 Stat. 1652Crime Control Act of 1990
Pub. L. 101–647 title X § 1002(h)(2) · 104 Stat. 4789
Changed · 21 U.S.C. § 889
Pub. L. 101–647 renumbered section 881a of this title as this section
Source evidence
Code amendment note
Pub. L. 101–647 renumbered section 881a of this title as this section.Enacted provision · exact public law section
(2) Transfer of section 1764 of the food security act of 1985.— Section 1764 of the Food Security Act of 1985 is— (A) transferred to the Controlled Substances Act; and (B) redesignated as section 519 of the Controlled Substances Act.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Agricultural Act of 1949, referred to in subsec. (b)(1)(A), (D), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables.
The Commodity Credit Corporation Charter Act, referred to in subsec. (b)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, and is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables.
The Federal Crop Insurance Act, referred to in subsec. (b)(1)(C), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables.
The Consolidated Farm and Rural Development Act, referred to in subsec. (b)(1)(E), is title III of Pub. L. 87–128, , 75 Stat. 307, which is classified principally to chapter 50 (§ 1921 et seq.) of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables.
Codification
Section was classified to section 881a of this title prior to renumbering by Pub. L. 101–647.
Amendments
1990—Pub. L. 101–647 renumbered section 881a of this title as this section.
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Credits
1985–1990 · 2 acts
- 1985Pub. L. 91–513, title II, § 519, formerly Pub. L. 99–198, title XVII, § 1764, , 99 Stat. 1652
- 1990renumbered § 519 of Pub. L. 91–513, Pub. L. 101–647, title X, § 1002(h)(2), , 104 Stat. 4828.
Show as published
(Pub. L. 91–513, title II, § 519, formerly Pub. L. 99–198, title XVII, § 1764, , 99 Stat. 1652; renumbered § 519 of Pub. L. 91–513, Pub. L. 101–647, title X, § 1002(h)(2), , 104 Stat. 4828.)