§ 1335. Small-farm exemption; small-farm base acreage; election; acreage allotment; land-use provisions; price support; wheat marketing certificates

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.

1. 1938

   Agricultural Adjustment Act of 1938

   Pub. L. 75–30 · 52 Stat. 31

   Enacted · 7 U.S.C. § 1335

   Feb. 16, 1938, ch. 30, title III, § 335, 52 Stat. 54

   Source evidence

   Code source credit
   Feb. 16, 1938, ch. 30, title III, § 335, 52 Stat. 54

2. 1940

   Public Law not identified

   Substituted · 7 U.S.C. § 1335(d)

   Subsec. (d). Act June 6, 1940, substituted “two hundred” for “one hundred”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (d). Act June 6, 1940, substituted “two hundred” for “one hundred”.

3. 1948

   Public Law not identified

   Changed · 7 U.S.C. § 1335(a)

   Subsec. (a). Act July 3, 1948, changed conditions which must be determined by the Secretary to exist before marketing quotas can be imposed

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act July 3, 1948, changed conditions which must be determined by the Secretary to exist before marketing quotas can be imposed.

4. 1954

   Public Law not identified

   Substituted · 7 U.S.C. § 1335(a)

   Subsec. (a). Act Aug. 28, 1954, § 309(a), substituted “May 15” for “July 1”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 28, 1954, § 309(a), substituted “May 15” for “July 1”.

5. 1954

   Public Law not identified

   Added · 7 U.S.C. § 1335(e)

   Subsec. (e). Act Aug. 28, 1954, § 309(b), added subsec. (e)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (e). Act Aug. 28, 1954, § 309(b), added subsec. (e).

6. 1957

   Pub. L. 85–203 § 1 · 71 Stat. 477

   Added · 7 U.S.C. § 1335(f)

   Pub. L. 85–203 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 85–203 added subsec. (f).

7. 1961

   Agricultural Act of 1961

   Pub. L. 87–128 title I § 122(e) · 75 Stat. 294

   Repealed · 7 U.S.C. § 1335(d)

   Pub. L. 87–128 repealed subsec. (d) which provided that no farm marketing quota with respect 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

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 87–128 repealed subsec. (d) which provided that no farm marketing quota with respect 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.

   Enacted provision · exact public law section
   (e) Subsection (d) of section 335 of the Agricultural Adjustment Repeal. Act of 1938, as amended (7 U.S.C. 1335(d)), is hereby repealed effective 52 Stat. 55. with the 1962 crop of wheat.

8. 1962

   Food and Agriculture Act of 1962

   Pub. L. 87–703 title III § 315 · 76 Stat. 605

   Substituted · 7 U.S.C. § 1335

   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 establishment of marketing quotas, the amount of national and farm marketing quotas, designation of States outside 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

   Source evidence

   Code amendment note
   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 establishment of marketing quotas, the amount of national and farm marketing quotas, designation of States outside 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.

   Enacted provision · exact public law section
   Sec. 315. Section 335 of the Agricultural Adjustment Act of 1938, as amended, is hereby amended to read as follows: 52 Stat. 54. 7 USC 1335. “Sec. 335. “small farm exemption Notwithstanding any other provision of this part, 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 exceed 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 allotment 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, excluding 1963, determined by the Secretary to be representative, 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 equitable 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 allotment for the crop is reduced below fifty-five million acres, or (2) the acreage allotment determined without, regard to (1) above. If the operator of any such farm fails to make such election with respect to any crop of wheat, (i) for the purposes of Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340), as amended, the farm acreage allotment 55 Stat. 203. 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 section 339 shall be inapplicable to the Post, p. 622. farm, (iii) such crop of wheat shall not be eligible 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 National, State, and county acreage allotments.”

9. 1965

   Food and Agriculture Act of 1965

   Pub. L. 89–321 title V § 501(8) · 79 Stat. 1187

   Changed · 7 U.S.C. § 1335

   Pub. L. 89–321 made section inapplicable to crops planted for harvest in 1967 and subsequent years

   Source evidence

   Code amendment note
   Pub. L. 89–321 made section inapplicable to crops planted for harvest in 1967 and subsequent years.

   Enacted provision · exact public law section
   (8) Section 335 is amended by adding at the end thereof the following: 76 Stat. 621. 7 USC 1335. “This section shall not be applicable to the crops planted for harvest in 1967 and subsequent years.”

10. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title III § 305 · 99 Stat. 1354

    Substituted · 7 U.S.C. § 1335

    Pub. L. 99–198 amended section generally, temporarily 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

    Source evidence

    Code amendment note
    Pub. L. 99–198 amended section generally, temporarily 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.

    Enacted provision · exact public law section
    Sec. 305. marketing penalties Effective only for the 1987 through 1990 crops of wheat, section 335 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1335) is amended to read as follows: “Sec. 335. “marketing penalties (a) The marketing of wheat produced on a farm in excess of a farm marketing quota shall be subject to a penalty at a rate per bushel equal to 75 percent of the national average market price for wheat during the immediately preceding marketing year. “(b) The penalty provided for in subsection (a) shall be paid— “(1) in the case of wheat marketed by sale to a person within the United States, by the person who acquired the wheat from the producer, except that an amount equivalent to the penalty may be deducted by the buyer from the price paid to the producer; “(2) in the case of wheat marketed through a warehouseman or agent, by the warehouseman or agent, who may deduct an amount equivalent to the penalty from the price paid to the producer; or “(3) in the case of wheat marketed directly to any person outside the United States, by the producer. “(c) If any producer falsely identifies, or fails to certify, the acreage planted to wheat for harvest or fails to account for the disposition of any wheat produced on such planted acreage in accordance with regulations issued by the Secretary— “(1) a quantity of wheat equal to the product obtained by multiplying— “(A) the farm program payment yield, as determined by the Secretary under title V of the Agricultural Act of 1949; 7 USC 1461. by “(B) the planted acreage, shall be deemed to have been marketed in excess of the farm marketing quota; and “(2) the penalty provided for in subsection (a) on such quantity of wheat shall be paid by the producer. “(d) Each producer having an interest in the crop of wheat on any farm for which a penalty is determined shall be jointly and severally liable for the entire amount of the penalty. “(e) Wheat subject to a farm marketing quota may be carried over by the producer from one marketing year to the succeeding marketing year, and may be marketed without incurring a penalty under this section in the succeeding marketing year, to the extent that— “(1) the total quantity of wheat available for marketing from the farm in the marketing year from which the wheat is carried over does not exceed the farm marketing quota; or “(2) the total quantity of wheat available for marketing in the succeeding marketing year (including any quantity of wheat carried over) does not exceed the farm marketing quota for the succeeding marketing year. “(f) Wheat produced in a calendar year in which marketing quotas are in effect for the marketing year beginning therein shall be subject to such quotas even though it is marketed prior to the date on which such marketing year begins. “(g) (1) The Secretary, shall require collection of the penalty provided Regulations. for in this section on a proportion of each unit of wheat marketed from the farm equal to the proportion that the wheat available for marketing from the farm in excess of the farm marketing quota is of the total quantity of wheat available for marketing from the farm, if satisfactory proof is not furnished to the Secretary as to the disposition to be made of the excess wheat, in accordance with regulations issued by the Secretary, prior to the marketing of any wheat from the farm. “(2) All funds collected under this section during a marketing year Regulations. shall be deposited in a special account established in the Treasury of the United States until the end of the next succeeding marketing year. On certification of the Secretary, there shall be paid out of such special account to a person designated by the Secretary the amount by which the penalty collected exceeds that amount of penalty due on wheat marketed in excess of the farm marketing quota for a farm. Such special account shall be administered by the Secretary. The basis for, the amount of, and the person entitled to receive a payment from such account, when determined in accordance with regulations prescribed by the Secretary, shall be final and conclusive. “(h) Until the amount of the penalty provided by this section is paid, a lien on— “(1) the wheat with respect to which such penalty is incurred; and “(2) any subsequent wheat subject to marketing quotas in which the person liable for the payment of such penalty has an interest, shall be in effect in favor of the United States for the amount of the penalty. “(i) A person liable for the payment or collection of a penalty on any quantity of wheat shall be liable also for interest thereon from the date the penalty becomes due until the date of payment of such penalty at a rate per annum equal to the rate of interest that was charged the Commodity Credit Corporation by the Treasurer of the United States on the date such penalty became due. “(j) (1) If marketing quotas for wheat are not in effect for any marketing year, all previous marketing quotas applicable to wheat shall be terminated, effective as of the first day of such marketing year. “(2) Such termination shall not— “(A) abate any penalty previously incurred by a producer; or “(B) relieve any buyer of the duty to remit penalties previously collected”.

    Effective date note
    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.

4 of 10 references resolved to an enrolled provision · 2 partial · 4 unresolved