Title 7 — Agriculture
Part B · Chapter 35 — Agricultural Adjustment Act of 1938
§ 1338. Transfer of quotas
Statutory text
Farm marketing quotas for wheat shall not be transferable, but, in accordance with regulations prescribed by the Secretary for such purpose, any farm marketing quota in excess of the supply of wheat for such farm for any marketing year may be allocated to other farms on which the acreage allotment has not been exceeded.
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.
Agricultural Adjustment Act of 1938
Pub. L. 75–30 · 52 Stat. 31
Enacted · 7 U.S.C. § 1338
Feb. 16, 1938, ch. 30, title III, § 338, 52 Stat. 55
Source evidence
Code source credit
Feb. 16, 1938, ch. 30, title III, § 338, 52 Stat. 55Food Security Act of 1985
Pub. L. 99–198 title III § 307 · 99 Stat. 1354
Substituted · 7 U.S.C. § 1338
Pub. L. 99–198 amended section generally, temporarily substituting provisions for voluntary surrender of any part of a farm marketing quota by the producer and reallocation by the Secretary to other farms having farm marketing quotas for provisions authorizing allocation of excess quotas to other farms on which the acreage allotment had not been exceeded. 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 for voluntary surrender of any part of a farm marketing quota by the producer and reallocation by the Secretary to other farms having farm marketing quotas for provisions authorizing allocation of excess quotas to other farms on which the acreage allotment had not been exceeded. See Effective and Termination Dates of 1985 Amendment note below.Enacted provision · exact public law section
Sec. 307. transfer of farm marketing quotas Effective only for the 1987 through 1990 crops of wheat, section 338 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1338) is amended to read as follows: “Sec. 338. “transfer of farm marketing quotas (a) Except as provided in subsection (b), farm marketing quotas shall not be transferable. “(b) In accordance with regulations prescribed by the Secretary for such purpose— “(1) the farm marketing quota for a farm for any marketing year, or any portion thereof, may be voluntarily surrendered to the Secretary by the producer; and “(2) the Secretary may reallocate any farm marketing quotas so surrendered to other farms having farm marketing quotas on such basis as the Secretary may determine.”.Effective date note
Pub. L. 99–198, title III, § 307, Dec. 23, 1985, 99 Stat. 1382, provided that the amendment made by Pub. L. 99–198 is effective only for the 1987 through 1990 crops of wheat.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
1985—Pub. L. 99–198 amended section generally, temporarily substituting provisions for voluntary surrender of any part of a farm marketing quota by the producer and reallocation by the Secretary to other farms having farm marketing quotas for provisions authorizing allocation of excess quotas to other farms on which the acreage allotment had not been exceeded. See Effective and Termination Dates of 1985 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1985 Amendment
Pub. L. 99–198, title III, § 307, , 99 Stat. 1382, provided that the amendment made by Pub. L. 99–198 is effective only for the 1987 through 1990 crops of wheat.
Inapplicability of Section
Section inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning , through , see section 9092(a)(1) of this title.
Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see section 8782(a)(1) of this title.
Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , 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 , and ending , 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), , 84 Stat. 1366, as amended by Pub. L. 93–86, § 1(11), , 87 Stat. 229, provided that this section is not applicable to 1971 through 1977 crops of wheat.
Credits
1938–1985 · 2 acts
- 1938Feb. 16, 1938, ch. 30, title III, § 338, 52 Stat. 55
- 1985Pub. L. 99–198, title III, § 307, , 99 Stat. 1382.
Show as published
(Feb. 16, 1938, ch. 30, title III, § 338, 52 Stat. 55; Pub. L. 99–198, title III, § 307, , 99 Stat. 1382.)