Title 7 — Agriculture
Part B · Chapter 35 — Agricultural Adjustment Act of 1938
§ 1343. Referendum
Statutory text
Not later than December 15 following the issuance of the marketing quota proclamation provided for in section 1342 of this title, the Secretary shall conduct a referendum, by secret ballot, of farmers engaged in the production of cotton in the calendar year in which the referendum is held, to determine whether such farmers are in favor of or opposed to the quota so proclaimed. If more than one-third of the farmers voting in the referendum oppose the national marketing quota, such quota shall become ineffective upon proclamation of the results of the referendum. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum. Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for cotton for the marketing year beginning , may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress.
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. § 1343
Feb. 16, 1938, ch. 30, title III, § 343, 52 Stat. 56
Source evidence
Code source credit
Feb. 16, 1938, ch. 30, title III, § 343, 52 Stat. 56Public Law not identified
Substituted · 7 U.S.C. § 1343(c)
Subsec. (c). Act Apr. 7, 1938, substituted “for any year” for “for 1938 and 1939”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act Apr. 7, 1938, substituted “for any year” for “for 1938 and 1939”.Public Law not identified
Inserted · 7 U.S.C. § 1343(b)
Subsec. (b). Act July 26, 1939, inserted last sentence
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act July 26, 1939, inserted last sentence.Public Law not identified
Changed · 7 U.S.C. § 1343(a)
Subsec. (a). Act July 3, 1948, required Secretary to take imports into consideration in determining acreage allotments for purposes of marketing quotas
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act July 3, 1948, required Secretary to take imports into consideration in determining acreage allotments for purposes of marketing quotas.Public Law not identified
Repealed · 7 U.S.C. § 1343(a)
Subsec. (a). Act Oct. 31, 1949, repealed amendatory provisions of act July 3, 1948
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Oct. 31, 1949, repealed amendatory provisions of act July 3, 1948.Pub. L. 97–77 § 2(c) · 95 Stat. 1069
Inserted · 7 U.S.C. § 1343
Pub. L. 97–77 inserted provision that the referendum with respect to the national marketing quota for cotton for the marketing year beginning Aug. 1, 1982, be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) Jan. 1, 1982
Source evidence
Code amendment note
Pub. L. 97–77 inserted provision that the referendum with respect to the national marketing quota for cotton for the marketing year beginning Aug. 1, 1982, be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) Jan. 1, 1982.Enacted provision · exact public law section
(c) Section 343 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1343) is amended by adding at the end thereof the following new sentence: “Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for cotton for the marketing year beginning August 1, 1982, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) January 1, 1982.”.Pub. L. 99–157 § 4 · 99 Stat. 818
Amended · 7 U.S.C. § 1343
Pub. L. 99–157 amended last sentence generally
Substituted · 7 U.S.C. § 1343
Pub. L. 99–157 substituting “August 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress” for “August 1, 1982, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) January 1, 1982”
Source evidence
Code amendment note
Pub. L. 99–157 amended last sentence generally, substituting “August 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress” for “August 1, 1982, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) January 1, 1982”.Enacted provision · exact public law section
Sec. 4. Section 343 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1343) is amended by striking out the last sentence and inserting in lieu thereof the following: “Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for cotton for the marketing year beginning August 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress.”.
3 of 8 references resolved to an enrolled provision · 1 partial · 4 unresolved
Editorial Notes
Codification
Provision that if marketing quotas were proclaimed for the 1950 crop, farmers eligible to vote in the referendum with respect to such crop were to be those farmers who had produced cotton in the 1948 calendar year was omitted from the Code.
Amendments1938–1985 · 6 rounds
1985
Pub. L. 99–157 amended last sentence generally, substituting “, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress” for “, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) ”.
1981
Pub. L. 97–77 inserted provision that the referendum with respect to the national marketing quota for cotton for the marketing year beginning , be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) .
1949
Act , amended section generally by providing for a secret referendum. Former provisions of this section are now covered by section 1342 of this title.
Subsec. (a). Act , repealed amendatory provisions of act .
1948
Subsec. (a). Act , required Secretary to take imports into consideration in determining acreage allotments for purposes of marketing quotas.
1939
Subsec. (b). Act , inserted last sentence.
1938
Subsec. (c). Act , substituted “for any year” for “for 1938 and 1939”.
Statutory Notes and Related Subsidiaries
Effective Date of 1948 Amendment
Amendment by act , effective , see section 303 of act , set out as a note under section 1301 of this title.
Inapplicability of Section
Section inapplicable to 1984 and subsequent crops of extra long staple cotton, see section 3 of Pub. L. 98–88, set out as a note under section 1342 of this title.
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 upland cotton, see section 502 of Pub. L. 101–624, set out as a note under section 1342 of this title.
Section inapplicable to 1986 through 1990 crops of upland cotton, see section 502 of Pub. L. 99–198, set out as a note under section 1342 of this title.
Section inapplicable to 1982 through 1985 crops of upland cotton, see section 501 of Pub. L. 97–98, set out as a note under section 1342 of this title.
Section inapplicable to 1978 through 1981 crops of upland cotton, see section 601 of Pub. L. 95–113, set out as a note under section 1342 of this title.
Pub. L. 91–524, title VI, § 601(1), , 84 Stat. 1371, as amended by Pub. L. 93–86, § 1(19)(A), , 87 Stat. 233, provided that this section is inapplicable to 1971 through 1977 crops of upland cotton.
Credits
1938–1985 · 8 acts
- 1938Feb. 16, 1938, ch. 30, title III, § 343, 52 Stat. 56
- 1938Apr. 7, 1938, ch. 107, § 8, 52 Stat. 203
- 1939July 26, 1939, ch. 376, 53 Stat. 1125
- 1948July 3, 1948, ch. 827, title II, § 207(c), 62 Stat. 1257
- 1949Aug. 29, 1949, ch. 518, § 1, 63 Stat. 670
- 1949Oct. 31, 1949, ch. 792, title IV, § 415(e), 63 Stat. 1058
- 1981Pub. L. 97–77, § 2(c), , 95 Stat. 1069
- 1985Pub. L. 99–157, § 4, , 99 Stat. 818.
Show as published
(Feb. 16, 1938, ch. 30, title III, § 343, 52 Stat. 56; Apr. 7, 1938, ch. 107, § 8, 52 Stat. 203; July 26, 1939, ch. 376, 53 Stat. 1125; July 3, 1948, ch. 827, title II, § 207(c), 62 Stat. 1257; Aug. 29, 1949, ch. 518, § 1, 63 Stat. 670; Oct. 31, 1949, ch. 792, title IV, § 415(e), 63 Stat. 1058; Pub. L. 97–77, § 2(c), , 95 Stat. 1069; Pub. L. 99–157, § 4, , 99 Stat. 818.)