§ 1379d. Marketing restrictions

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

   Food and Agriculture Act of 1962

   Pub. L. 87–703 title III § 324(2) · 76 Stat. 605

   Enacted · 7 U.S.C. § 1379d

   Feb. 16, 1938, ch. 30, title III, § 379d, as added Pub. L. 87–703, title III, § 324(2), Sept. 27, 1962, 76 Stat. 628

   Source evidence

   Code source credit
   Feb. 16, 1938, ch. 30, title III, § 379d, as added Pub. L. 87–703, title III, § 324(2), Sept. 27, 1962, 76 Stat. 628

   Enacted provision · exact public law section
   Sec. 324. wheat marketing allocation program Title III of the Agricultural Adjustment Act of 1938, as 52 Stat. 38. 7 USC 1301 et seq. amended, is hereby amended (1) by designating subtitles D and E as subtitles E and F, respectively, and (2) by inserting after subtitle C a new subtitle D as follows: “Subtitle D— Wheat Marketing Allocation “Sec. 379a. “legislative findings Wheat, in addition to being a basic food, is one of the great export crops of American agriculture and its production for domestic consumption and for export is necessary to the maintenance of a sound national economy and to the general welfare. The movement of wheat from producer to consumer, in the form of the commodity or any of the products thereof, is preponderantly in interstate and foreign commerce. Unreasonably low prices of wheat to producers impair their purchasing power for nonagricultural products and place them in a position of serious disparity with other industrial groups. The conditions affecting the production of wheat are such that without Federal assistance, producers cannot effectively prevent disastrously low prices for wheat: It is necessary, in order to assist wheat producers in obtaining fair prices, to regulate the price of wheat used for domestic food and for exports in the manner provided in this subtitle. “Sec. 379b. “wheat marketing allocation During any marketing year for which a marketing quota is in effect for wheat, beginning with the marketing year for the 1964 crop, a wheat marketing allocation program shall be in effect as provided in this subtitle. Whenever a wheat marketing allocation program is in effect for any marketing year the Secretary shall determine (1) the wheat marketing allocation for such year which shall be the amount of wheat which in determining the national marketing quota for such marketing year he estimated would be used during such year for human consumption in the United States, as food, food products, and beverages, composed wholly or partly of wheat, and that portion of the amount of wheat which in determining such quota he estimated would be exported in the form of wheat or products thereof during the marketing year on which the Secretary determines that marketing certificates shall be issued to producers in order to achieve, insofar as practicable, the price and income objectives of this subtitle, and (2) the national allocation percentage which shall be the percentage which the national marketing allocation is of the national marketing quota. Each farm shall receive a wheat marketing allocation for such marketing year equal to the number of bushels obtained by multiplying the number of acres in the farm acreage allotment for wheat by the normal yield of wheat for the farm as determined by the Secretary, and multiplying the resulting number of bushels by the national allocation percentage. If a noncommercial wheat-producing area is established for any marketing year, farms in such area shall be given wheat marketing allocations which are determined by the Secretary to be fair and reasonable in relation to the wheat marketing allocation given producers in the commercial wheat-producing area. “Sec. 379c. “marketing certificates (a) The Secretary shall provide for the issuance of wheat marketing certificates for each marketing year for which a wheat marketing allocation program is in effect for the purpose of enabling producers on any farm with respect to which certificates are issued to receive, in addition to the other proceeds from the sale of wheat, an amount equal to the value of such certificates. The wheat marketing certificates issued with respect to any farm for any marketing year shall be in the amount of the farm wheat marketing allocation for such year, but not to exceed (i) the actual acreage of wheat planted on the farm for harvest in the calendar year in which the marketing year begins multiplied by the normal yield of wheat for the farm, plus (ii) the amount of wheat stored to avoid or postpone a marketing quota penalty, which is released from storage during the marketing year on account of underplanting or underproduction. The Secretary shall provide for the sharing of wheat marketing certificates among producers on the farm on the basis of their respective shares in the wheat crop produced on the farm, or the proceeds therefrom. “(b) No producer shall be eligible to receive wheat marketing certificates with respect to any farm for any marketing year in which a marketing quota penalty is assessed for any commodity on such farm or in which the farm has not complied with the land-use requirements of section 339 to the extent prescribed by the Secretary, or in which, Ante, p. 622. except as the Secretary may by regulation prescribe, the producer exceeds the farm acreage allotment on any other farm for any commodity in which he has an interest as a producer. No producer shall lie deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 335. Ante, p. 621. “(c) Whenever a wheat marketing allocation program is in effect for any marketing year, the Secretary shall determine and proclaim for such marketing year the face value per bushel of marketing certificates. The face value per bushel of marketing certificates shall be equal to the amount by which the level of price support for wheat accompanied by certificates exceeds the level of price support for wheat not accompanied by certificates (noncertificate wheat). “(d) Marketing certificates and transfers thereof shall be represented by such documents, marketing cards, records, accounts, certifications, or other statements or forms as the Secretary may prescribe. “Sec. 379d. “marketing restrictions (a) All persons are prohibited from acquiring marketing certificates from (he producer to whom such certificates are issued, unless such certificates are acquired in connection with the acquisition from such producer of a number of bushels of wheat equivalent to the marketing certificates. Marketing certificates shall be transferable only in accordance with regulations prescribed by the Secretary. Any unused certificates legally held by persons other than the producer to whom such certificates are issued shall be purchased by Commodity Credit Corporation if tendered to the Corporation for purchase in accordance with regulations prescribed by the Secretary. Notwithstanding the foregoing provisions of this section, Commodity Credit Corporation is authorized to purchase from producers certificates not accompanied by wheat in cases where the Secretary determines that it would constitute an undue hardship to require the producer to transfer his certificates only in connection with the disposition of wheat. “(b) During any marketing year for which a wheat marketing allocation program is in effect, (i) all persons engaged in the processing of wheat into food products shall, prior to marketing any such product for human food in the United States, acquire marketing certificates equivalent to the number of bushels of wheat contained in such product, and (ii) all persons exporting wheat or food products shall prior to such export acquire marketing certificates equivalent to the number of bushels so exported. Marketing certificates shall be valid to cover only sales or exportations made during the marketing year with respect to which they are issued, and after being once used to cover a sale or export of a food product or an export of wheat shall be void and shall be disposed of in accordance with regulations prescribed by the Secretary. Notwithstanding the foregoing provisions hereof, the Secretary may require marketing certificates issued for any marketing year to be acquired to cover sales or exportations made on or after the date during the calendar year in which wheat harvested in such calendar year begins to be marketed as determined by the Secretary even though such wheat is marketed prior to the beginning of the marketing year, and marketing certificates for such marketing year shall be valid to cover sales or exportations made on or after the date so determined by the Secretary. “(c) Upon the giving of a bond or other undertaking satisfactory to the Secretary to secure the purchase of and payment for such marketing certificates as may be required, and subject to such regulations as he may prescribe, any person required to have marketing certificates in order to market, or export a commodity may be permitted to market any such commodity without having first acquired marketing certificates. “(d) As used in this subtitle, the term ‘food products’ means any product composed wholly or partly of wheat to be used for human consumption, including beverage. “Sec. 379e. “assistance in purchase and sale of marketing certificates For the purpose of facilitating the purchase and sale of marketing certificates, the Commodity Credit Corporation is authorized to issue, buy, and sell marketing certificates in accordance with regulations prescribed by the Secretary. Such regulations may authorize the Corporation to issue and sell certificates in excess of the quantity of certificates which it purchases. Such regulations may authorize the Corporation in the sale of marketing certificates to charge, in addition to the face value thereof, an amount determined by the Secretary to be appropriate to cover estimated administrative costs in connection with the purchase and sale of the certificates and estimated interest incurred on funds of the Corporation invested in certificates purchased by it. “Sec. 379f. “conversion factors The Secretary shall establish conversion factors which shall be used to determine the amount of wheat contained in any food product. The conversion factor for any such food product shall be determined upon the basis of the weight of wheat used in the manufacture of such product. “Sec. 379g. “authority to facilitate transition The Secretary is authorized to take such action as he determines to be necessary to facilitate the transition from the program currently in effect to the program provided for in this subtitle. Notwithstanding any other provision of this subtitle, such authority shall include, but shall not be limited to, the authority to exempt all or a portion of the wheat or food products made therefrom in the channels of trade on the effective date of the program under this subtitle from the marketing restrictions in subsection (b) of section 379d, or to sell certificates to persons owning such wheat or food products at such prices as the Secretary may determine. Any such certificate shall be issued by Commodity Credit Corporation. “Sec. 379h. “reports and records This section shall apply to processors of wheat, warehousemen and exporters of wheat and food products, and all persons purchasing, selling, or otherwise dealing in wheat marketing certificates. Any such person shall, from time to time on request of the Secretary, report to the Secretary such information and keep such records as the Secretary finds to be necessary to enable him to carry out the provisions of this subtitle. Such information shall be reported and such records shall be kept in such manner as the Secretary shall prescribe. For the purpose of ascertaining the correctness of any report made or record kept, or of obtaining information required to be furnished in any report, but not so furnished, the Secretary is hereby authorized to examine such books, papers, records, accounts, correspondence, contracts, documents, and memorandums as he has reason to believe are relevant and are within the control of such person. “Sec. 379i. “penalties (a) Any person who violates or attempts to violate or who participates or aids in the violation of any of the provisions of subsection (b) of section 379d of this Act shall forfeit to the United States a sum equal to two times the face value of the marketing certificates involved in such violation. Such forfeiture shall be recoverable in a civil action brought in the name of the United States. “(b) Any person, except a producer in his capacity as a producer, who violates or attempts to violate or who participates or aids in the violation of any provision of this subtitle, or of any regulation, governing the acquisition, disposition, or handling of marketing certificates or who fails to make any report or keep any record as required by section 379h shall be deemed guilty or a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000 for each violation. “(c) Any person who, in his capacity as a producer, knowingly violates or attempts to violate or participates or aids in the violation of any provision of this subtitle, or of any regulation, governing the acquisition, disposition, or handling of marketing certificates or fails to make any report or keep any record as required by section 379h shall, (i) forfeit any right to receive marketing certificates, in whole or in part as the Secretary may determine, with respect to the farm or farms and for the marketing year with respect to which any such act or default is committed, or (ii), if such marketing certificates have already been issued, pay to the Secretary, upon demand, the amount of the face value of such certificates, or such part thereof as the Secretary may determine. Such determination by the Secretary with respect to the amount of such marketing certificates to be forfeited or the amount to be paid by such producer shall take into consideration the circumstances relating to the act or default committed and the seriousness of such act or default. “(d) Any person who falsely makes, issues, alters, forges, or counterfeits any marketing certificate, or with fraudulent intent possesses, transfers, or uses any such falsely made, issued, altered, forged, or counterfeited marketing certificate, shall be deemed guilty of a felony and upon conviction thereof shall be subject to a fine of not more than $10,000 or imprisonment of not more than ten years, or both. “Sec. 379j. “regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subtitle including but not limited to regulations governing the acquisition, disposition, or handling of marketing certificates.”

2. 1964

   Agricultural Act of 1964

   Pub. L. 88–297 § 202(15) · 78 Stat. 173

   1. Struck · 7 U.S.C. § 1379d(a)

      Pub. L. 88–297, § 202(15), struck out provisions prohibiting persons from acquiring marketing certificates from the producer to whom such certificates were issued, unless such certificates were acquired in connection with acquisition from such producer of a number of bushels of wheat equivalent to the marketing certificates and authorizing the CCC to purchase from producers certificates not accompanied by wheat in cases where the Secretary determined that it would constitute an undue hardship to require the producer to transfer his certificates only in connection with the disposition of wheat

   2. Substituted · 7 U.S.C. § 1379d(a)

      Pub. L. 88–297, § 202(15), substituted “by any person” for “by persons other than the producer to whom such certificates are issued”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 88–297, § 202(15), struck out provisions prohibiting persons from acquiring marketing certificates from the producer to whom such certificates were issued, unless such certificates were acquired in connection with acquisition from such producer of a number of bushels of wheat equivalent to the marketing certificates and authorizing the CCC to purchase from producers certificates not accompanied by wheat in cases where the Secretary determined that it would constitute an undue hardship to require the producer to transfer his certificates only in connection with the disposition of wheat and substituted “by any person” for “by persons other than the producer to whom such certificates are issued”.

   Enacted provision · exact public law section
   (15) Section 379d(a) is amended (1) by striking the first and last 7 USC 1379d. sentences therefrom, and (2) by striking from the second sentence remaining “by persons other than the producer to whom such certificates are issued” and substituting “by any person”.

3. 1964

   Agricultural Act of 1964

   Pub. L. 88–297 § 202(16) · 78 Stat. 173

   1. Substituted · 7 U.S.C. § 1379d(b)

      Pub. L. 88–297, § 202(16), in cl. (i) substituted “marketing any such food product or removing such food product for sale or consumption” for “marketing any such product for human food in the United States”

   2. Struck and inserted · 7 U.S.C. § 1379d(b)

      Pub. L. 88–297, § 202(16), in cl. (i) inserted “domestic” before “marketing certificates”; in cl. (ii) struck out “or food products” after “wheat” and inserted “export” before “marketing certificates”; inserted references to removals for sale or consumption in two other places and to removals in two places to make it clear that certificates were required on all wheat processed into food products whether sold, removed for sale, or removed for consumption; required the CCC to refund to the exporter such part of the cost of the certificate as the Secretary determined would make United States wheat and wheat flour generally competitive in the world market, avoid disruption of world market prices, and fulfill the international obligations of the United States; and authorized the Secretary to exempt from the requirement to have marketing certificates, wheat which was donated abroad and wheat processed for use on the farm where grown

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 88–297, § 202(16), in cl. (i) substituted “marketing any such food product or removing such food product for sale or consumption” for “marketing any such product for human food in the United States” and inserted “domestic” before “marketing certificates”; in cl. (ii) struck out “or food products” after “wheat” and inserted “export” before “marketing certificates”; inserted references to removals for sale or consumption in two other places and to removals in two places to make it clear that certificates were required on all wheat processed into food products whether sold, removed for sale, or removed for consumption; required the CCC to refund to the exporter such part of the cost of the certificate as the Secretary determined would make United States wheat and wheat flour generally competitive in the world market, avoid disruption of world market prices, and fulfill the international obligations of the United States; and authorized the Secretary to exempt from the requirement to have marketing certificates, wheat which was donated abroad and wheat processed for use on the farm where grown.

   Enacted provision · exact public law section
   (16) Section 379d(b) is amended to read as follows: “(b) During any marketing year for which a wheat marketing allocation program is in effect, (i) all persons engaged in the processing of wheat into food products shall, prior to marketing any such food product or removing such food product for sale or consumption, acquire domestic marketing certificates equivalent to the number of bushels of wheat contained in such product and (ii) all persons exporting wheat shall, prior to such export, acquire export marketing certificates equivalent to the number of bushels so exported. In order to Wheat. International trade, expansion expand international trade in wheat and wheat flour and promote equitable and stable prices therefor the Commodity Credit Corporation shall, upon the exportation from the United States of any wheat or wheat flour, make a refund to the exporter or allow him a credit Refunds or credits for certificates. against the amount payable by him for marketing certificates, in such amount as the Secretary determines will make United States wheat and wheat flour generally competitive in the world market, avoid disruption of world market prices, and fulfill the international obligations of the United States. The Secretary may exempt wheat exported Exemptions from requirements. for donation abroad and other noncommercial exports of wheat and wheat processed for use on the farm where grown from the requirements of this subsection. Marketing certificates shall be valid to cover only sales or removals for sale or consumption or exportations made during the marketing year with respect to which they are issued, and after being once used to cover a sale or removal for sale or consumption or export of a food product or an export of wheat shall be void and shall be disposed of in accordance with regulations prescribed by the Secretary. Notwithstanding the foregoing provisions hereof, the Secretary may require marketing certificates issued for any marketing year to be acquired to cover sales, removals, or exportations made on or after the date during the calendar year in which wheat harvested in such calendar year begins to be marketed as determined by the Secre-tary even though such wheat is marketed prior to the beginning of the marketing year, and marketing certificates for such marketing year shall be valid to cover sales, removals, or exportations made on or after the date so determined by the Secretary.”

4. 1964

   Agricultural Act of 1964

   Pub. L. 88–297 § 202(17) · 78 Stat. 173

   Changed · 7 U.S.C. § 1379d(d)

   Pub. L. 88–297, § 202(17), redefined “food products” to mean flour, semolina, farina, bulgur, beverage, and any other product composed wholly or partly of wheat which the Secretary may determine to be a food product instead of any product composed wholly or partly of wheat to be used for human consumption, including beverage

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 88–297, § 202(17), redefined “food products” to mean flour, semolina, farina, bulgur, beverage, and any other product composed wholly or partly of wheat which the Secretary may determine to be a food product instead of any product composed wholly or partly of wheat to be used for human consumption, including beverage.

   Enacted provision · exact public law section
   (17) Section 379d(d) is amended to read as follows: “(d) As used in this subtitle, the term ‘food products’ means flour, semolina, farina, bulgur, beverage, and any other product composed wholly or partly of wheat which the Secretary may determine to be a food product.”

5. 1965

   Food and Agriculture Act of 1965

   Pub. L. 89–321 title V · 79 Stat. 1187

   Amended · 7 U.S.C. § 1379d(b)

   Pub. L. 89–321, §§ 504(a), (c), 513(a), among other changes, amended second sentence, and also authorized the Secretary to exempt from the requirements of this subsection wheat produced by a State or agency thereof and processed for use by the State or agency thereof, wheat processed for donations, and wheat processed for uses determined by the Secretary to be noncommercial, permitted exemptions to be made applicable with respect to any wheat processed or exported beginning July 1, 1964, exempted from requirements of this subsection beverage distilled from wheat prior to July 1, 1964, required beverage distilled from wheat after July 1, 1964, to be deemed as being removed for sale or consumption at the time it is placed in barrels for aging, permitted upon the giving of a bond as prescribed by the Secretary, the purchase of and payment for such marketing certificates as may be required to be deferred until such beverage is bottled for sale, required wheat shipped to a Canadian port for storage in bond, or storage under a similar arrangement, and subsequent exportation, to be deemed as having been exported for purposes of this subsection when it is exported from the Canadian port, and, whenever the face value per bushel of domestic marketing certificates for a marketing year is different from the face value of domestic marketing certificates for the preceding marketing year, empowered the Secretary to require marketing certificates issued for the preceding marketing year to be acquired to cover all wheat processed into food products during such preceding marketing year even though the food product may be marketed or removed for sale or consumption after the end of the marketing year

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–321, §§ 504(a), (c), 513(a), among other changes, amended second sentence, and also authorized the Secretary to exempt from the requirements of this subsection wheat produced by a State or agency thereof and processed for use by the State or agency thereof, wheat processed for donations, and wheat processed for uses determined by the Secretary to be noncommercial, permitted exemptions to be made applicable with respect to any wheat processed or exported beginning July 1, 1964, exempted from requirements of this subsection beverage distilled from wheat prior to July 1, 1964, required beverage distilled from wheat after July 1, 1964, to be deemed as being removed for sale or consumption at the time it is placed in barrels for aging, permitted upon the giving of a bond as prescribed by the Secretary, the purchase of and payment for such marketing certificates as may be required to be deferred until such beverage is bottled for sale, required wheat shipped to a Canadian port for storage in bond, or storage under a similar arrangement, and subsequent exportation, to be deemed as having been exported for purposes of this subsection when it is exported from the Canadian port, and, whenever the face value per bushel of domestic marketing certificates for a marketing year is different from the face value of domestic marketing certificates for the preceding marketing year, empowered the Secretary to require marketing certificates issued for the preceding marketing year to be acquired to cover all wheat processed into food products during such preceding marketing year even though the food product may be marketed or removed for sale or consumption after the end of the marketing year.

   Enacted provision · exact public law
   TITLE V— WHEAT Sec. 501. Effective beginning with the crop planted for harvest in the calendar year 1966, the Agricultural Adjustment Act of 1938, as amended, is amended as follows: (1) Section 332 is amended by changing item (iv) in subsection (b) 76 Stat. 619. 7 USC 1332. to read: “will be utilized during such marketing year in the United States as livestock (including poultry) feed, excluding the estimated quantity of wheat which will be utilized for such purpose as a result of the substitution of wheat for feed grains under section 328 of the Food and Agriculture Act of 1962” and by adding the following new 76 Stat. 631. 7 USC 1339c. subsection: “(d) Notwithstanding any other provision of this Act, the Secretary shall not proclaim a national marketing quota for the crops of wheat planted for harvest, in the calendar years 1966 through 1969, and farm marketing quotas shall not be in effect for such crops of wheat.” (2) Section 333 is amended to read as follows: “The Secretary shall 76 Stat. 620. 7 USC 1333. proclaim a national acreage allotment for each crop of wheat. The amount of the national acreage allotment for any crop of wheat shall be the number of acres which the Secretary determines on the basis of the projected national yield and expected under plantings (acreage other than that not harvested because of program incentives) of farm acreage allotments will produce an amount of wheat equal to the national marketing quota for wheat for the marketing year for such crop, or if a national marketing quota was not proclaimed, the quota which would have been determined if one had been proclaimed.” (3) Subsection (a) of section 334 is amended to read as follows: 52 Stat. 53. 7 USC 1334. National allotment. “(a) The national allotment for wheat, less a reserve of not to exceed 1 per centum thereof for apportionment as provided in this subsection and less the special acreage reserve provided for in this subsection, shall be apportioned by the Secretary among the States on the basis of the preceding year’s allotment for each such State, including all amounts allotted to the State and including for 1967 the increased 76 Stat. 621. 7 USC 1335. acreage in the State allotted for 1966 under section 335, adjusted to the extent deemed necessary by the Secretary to establish a fair and equitable apportionment base for each State, taking into consideration established crop rotation practices, estimated decrease in farm allotments because of loss of history, and other relevant factors. The reserve acreage set aside herein for apportionment by the Secretary shall be used to make allotments to counties in addition to the county allotments made under subsection (b) of this section, on the basis of the relative needs of counties for additional allotments because of reclamation and other new areas coming into production of wheat. There also shall be made available a special acreage reserve of not in excess of one million acres as determined by the Secretary to be desirable for the purposes hereof which shall be in addition to the national acreage reserve provided for in this subsection. Such special acreage reserve shall be made available to the States to make additional allotments to counties on the basis of the relative needs of counties, as determined by the Secretary, for additional allotments to make adjustments in the allotments on old wheat farms (that is, farms on which wheat has been seeded or regarded as seeded to one or more of the three crops immediately preceding the crop for which the allotment is established) on which the ratio of wheat acreage allotment to cropland on the farm is less than one-half the average ratio of wheat acreage allotment to cropland on old wheat farms in the county. Such adjustments shall not provide an allotment for any farm which would result in an allotment-cropland ratio for the farm in excess of one-half of such county average ratio and the total of such adjustments in any county shall not exceed the acreage made available therefor in the county. Such apportionment from the special acreage reserve shall be made only to counties where wheat is a major income-producing crop, only to farms on which there is limited opportunity for the production of an alternative income-producing crop, and only if an efficient farming operation on the farm requires the allotment of additional acreage from the special acreage reserve. For the purposes of making adjustments hereunder the cropland on the farm shall not include any land developed as cropland subsequent to the 1963 crop year.” (4) Subsection (b) of section 334 is amended to read as follows: “(b) The State acreage allotment for wheat, less a reserve of not to exceed 3 per centum thereof for apportionment as provided in subsection (c) of this section, shall be apportioned by the Secretary among the counties in the State, on the basis of the preceding year’s wheat allotment in each such county, including for 1967 the increased acreage in the county allotted for 1966 pursuant to section 335, adjusted to the extent deemed necessary by the Secretary in order to establish a fair and equitable apportionment base for each county, taking into consideration established crop rotation practices, estimated decrease in farm allotments because of loss of history, and other relevant factors.” (5) Subsection (c) of section 334 is amended by adding new paragraphs (3) and (4) to read as follows: “(3) Notwithstanding the provisions of paragraph (1) of this subsection, the past acreage of wheat for 1967 and any subsequent year shall be the acreage of wheat planted, plus the acreage regarded as planted, for harvest as grain on the farm which is not in excess of the farm acreage allotment. “(4) Notwithstanding any other provision of this subsection (c), the farm acreage allotment for the 1967 and any subsequent crop of wheat shall be’ established for each old farm by apportioning the county wheat acreage allotment among farms in the comity on which wheat has been planted, or is considered to have been planted, for harvest, as grain in any one of the three years immediately preceding the year for which allotments are determined on the basis of past acreage of wheat and the farm acreage allotment for the year immediately preceding the year for which the allotment is being established, adjusted as hereinafter provided. For purposes of this paragraph, the acreage allotment for the immediately preceding year may be adjusted to reflect established crop-rotation practices, may be adjusted downward to reflect a reduction in the tillable acreage on the farm, and may be adjusted upward to reflect such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable allotment: Provided, That (i) for the purposes of computing the allotment for any year, the acreage allotment for the farm for the immediately preceding year shall be decreased by 7 per centum if for the year immediately preceding the year for which such reduction is made neither a voluntary diversion program nor a voluntary certificate program was in effect and there was noncompliance with the farm acreage allotment for such year; (ii) for purposes of clause (i), any farm on which the entire amount of farm marketing excess is delivered to the Secretary, stored, or adjusted to zero in accordance with applicable regulations to avoid or postpone payment of the penalty when farm marketing quotas are in effect, shall be considered in compliance with the allotment, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, the allotment for such farm next computed after determination of such depletion shall be reduced by reducing the allotment for the immediately preceding year by 7 per centum; and (iii) for purposes of clause (i) if the Secretary determines that the reduction in the allotment does not provide fair and equitable treatment to producers on farms following special crop rotation practices, he may modify such reduction in the allotment as he determines to be necessary to provide fair and equitable treatment to such producers.” (6) Subsection (d) of section 334 is repealed. Repeal. 74 Stat. 39. 7 USC 1334. 71 Stat. 477; 72 Stat. 80; 76 Stat. 620. (7) Subsection (g) of section 334 is amended by striking out the language “except as prescribed in the provisos to the first sentence of subsections (a) and (b), respectively, of this section” in the first sentence. (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.” (9) Section 339(b) is amended (1) by striking out “1964 and 1965 7 USC 1339. crops of wheat” and substituting “crops of wheat planted for harvest in the calendar years 1964 through 1969”; and, (2) by striking out of the third sentence “20 per centum of the farm acreage allotment” and “fifteen acres” and substituting “50 per centum of the farm acreage allotment” and “twenty-five acres”, respectively. (10) Section 339(e) is amended to read as follows: “(e) The Secretary Diverted acreage. may permit all or any part of the diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plant ago ovate, and flaxseed, if he determines that such production of the commodity is needed to provide an adequate supply, is not likely to increase the cost, of the price-support program and will not adversely affect farm income, subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: Provided, That, in no event shall the payment exceed one-half the rate which otherwise, would be applicable if such acreage were devoted to conservation uses.” Sec. 502. Effective only with respect to the crops of wheat planted for harvest in the calendar years 1966 through 1969, and the marketing 78 Stat. 179. 7 USC 1379b. years for such crops, section 379b is amended to read as follows: “Sec. 379b. A wheat marketing allocation program as provided in this subtitle shall be in effect for the marketing years for the crops planted for harvest in the calendar years 1966 through 1969. Whenever a wheat marketing allocation program is in effect for any marketing year the Secretary shall determine (1) the wheat marketing allocation for such year which shall be the amount of wheat he estimates will be used during such year for food products for consumption in the United States, but the amount of wheat included in the marketing allocation for food products for consumption in the United States shall not be less than five hundred million bushels, and (2) the national allocation percentage for such year which shall be the percentage which, when applied to the farm as provided in this section, will result in marketing certificates being issued to producers in the amount of the national wheat marketing allocation. The cost of any domestic marketing certificates issued to producers in excess of the number of certificates acquired by processors as a result of the application of the five hundred million bushel minimum or an overestimate of the amount of wheat used during such year for food products for consumption in the United States shall be borne by Commodity Credit Corporation. Each farm shall receive a wheat marketing allocation for such marketing year equal to the number of bushels obtained by multiplying the number of acres in the farm acreage allotment for wheat by the projected farm yield, and multiplying the resulting number of bushels by the national allocation percentage.” Sec. 503. Effective beginning with the 1970 crop, section 379b is amended by striking out “normal yield of wheat for the farm as determined by the Secretary” and substituting “projected farm yield”. Sec. 504. (a) Effective upon the enactment of this Act, section 78 Stat. 181. 7 USC 1379d. 379d (b) is amended by striking out the third sentence and substituting the following: “The Secretary may exempt from the requirements of this subsection wheat exported for donation abroad and other non-commercial exports of wheat, wheat processed for use on the farm where grown, wheat produced by a State or agency thereof and processed for use by the State or agency thereof, wheat processed for donation, and wheat processed for uses determined by the Secretary to be noncommercial. Such exemptions may be made applicable with respect to any wheat processed or exported beginning July 1, 4964. There shall be exempt from the requirements of this subsection beverage distilled from wheat prior to July 1, 1964. A beverage distilled from wheat after July 1, 1964, shall be deemed to be removed for sale or consumption at the time it is placed in barrels for aging except that upon the giving of a land as prescribed by the Secretary, the purchase of and payment for such marketing certificates as may be required may be deferred until such beverage is bottled for sale. Wheat, shipped to a Canadian port for storage in bond, or storage under a similar arrangement, and subsequent exportation, shall be deemed to have been exported for purposes of this subsection when it is exported from the Canadian port.” (b) Section 379d(d) is amended by inserting after the word “flour” the following: “(excluding flour second clears not used for human consumption as determined by the Secretary)”, and by inserting at the end thereof the following: “The Secretary may at his election administer the exemption for wheat processed into flour second clears through refunds either to processors of such wheat or to the users of such clears. For the purpose of such refunds, the wheat equivalent of flour second clears may be determined on the basis of conversion factor’s authorized by section 379f of the Agricultural Adjustment Act of 1938, even though certificates had been surrendered on the basis of 76 Stat. 629. 7 USC 1379f. the weight of the wheat.” This subsection shall be effective as to products sold, or removed for Effective date. sale or consumption on or after sixty days following enactment of this Act, unless the Secretary shall by regulation designate an earlier effective date within such sixty-day period. (c) Section 379d(b) is amended by adding at the end thereof the 78 Stat. 181. 7 USC 1379d. following: “Whenever the face value per bushel of domestic marketing certificates for a marketing year is different from the face value of domestic marketing certificates for the preceding marketing year, the, Secretary may require marketing certificates issued for the preceding marketing year to be acquired to cover all wheat processed into food products during such preceding marketing year even though the food product may be marketed or removed for sale or consumption after the end of the marketing year.” (d) Section 379g is amend eel by inserting “(a)” after “Sec. 379g” 76 Stat. 629. 7 USC 1379g. and adding a new subsection (b) as follows: “(b) Whenever the face value per bushel of domestic marketing certificates for a marketing year is substantially different from the face value of domestic marketing certificates for the preceding marketing year, the Secretary is authorized to take such action as he determines necessary to facilitate the transition between marketing years. Notwithstanding any other provision of this subtitle, such authority shall include, but shall not be limited to, the authority to sell certificates to persons engaged in the processing of wheat into food products covering such quantities of wheat, at such prices, and under such terms and conditions as the Secretary may by regulation provide. Any such certificate shall be issued by Commodity Credit Corporation.” Sec. 505. The Agricultural Act of 1964 is amended as follows: (1) Amendment (7) of section 202 is amended by striking out 78 Stat. 179. 7 USC 1339 note. “1964 and 1965” and substituting “the calendar years 1964 through 1969”. (2) Amendment (13) of section 202 is amended by striking out 7 USC 1379c note. “only with respect to the crop planted for harvest in the calendar year 1965” and substituting “with respect to the crops planted for harvest in the calendar years 1965 through 1969”. (3) Section 204 is amended by striking out “1964 and 1965” and 7 USC 1427 note. substituting “1964 through 1969”. Sec. 506. Effective only with respect to the 1966 through 1969 crops, section 107 of the Agricultural Act, of 1949, as amended (7 U.S.C. 1445a), is amended to read as follows: 78 Stat. 182. “Sec. 107. Notwithstanding the provisions of section 101 of this Act, for any marketing year— 63 Stat. 1051. 7 USC 1441. “(1) (a) Price support for wheat accompanied by domestic certificates shall be at 100 per centum of the parity price or as near thereto as the Secretary determines practicable, and (b) price support for wheat not accompanied by marketing certificates shall be at such level, not in excess of the parity price therefor, as the Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains. “(2) notwithstanding the provisions of paragraph (1), for the 1966 crop, price support for wheat accompanied by domestic marketing certificates shall be at 100 per centum of the parity price therefor, and price support for wheat not accompanied by mar-keting certificates shall be. not less than $1.25 per bushel. For any crop of wheat planted for harvest during the calendar years 1967 through 1969 for which the diversion factor established pursuant to section 339(a) of the Agricultural Adjustment Act or 1938, as 76 Stat. 622; 78 Stat. 175. 7 USC 1339. amended, is not less than 10 per centum, the total average rate of return per bushel made available to a cooperator on the estimated {)reduction of his allotment based on projected yield through cans, domestic marketing certificates, estimated returns from export marketing certificates, and diversion payments for acreage diverted pursuant to section 339(a) of the Agricultural Adjustment Act of 1938, as amended, shall not be less than the total average rate of return per bushel made available to cooperators through loans and domestic marketing certificates for the 1966 crop. “(3) Price support shall be made available only to cooperators, and “(4) A ‘cooperator’ with respect, to any crop of wheat produced on a farm shall be a producer who (i) does not knowingly exceed (A) the farm acreage allotment for wheat on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment for wheat on any other farm on which the producer shares in the production of wheat, and (ii) complies with the land-use requirements of section 339 of the Agricultural Adjustment Act of 1938, as amended, to the extent prescribed by the Secretary. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to the 76 Stat. 627; 78 Stat. 180. 7 USC 1379c. provisions of section 379c(b), but the producer shall not be eligible to receive price support on the wheat so stored.” Sec. 507. Effective beginning with the crop planted for harvest in the calendar year 1967, section 339(a) (1) of the Agricultural Adjustment Act of 1938, as amended, is amended by inserting after the words “national acreage allotment”, wherever they appear, the following: “(less an acreage equal to the increased acreage allotted for 1966 pursuant 76 Stat. 621. 7 USC 1335. to section 335)”. Sec. 508. Effective beginning with the crop planted for harvest in the calendar year 1966, section 379c(a) of the Agricultural Adjustment Act of 1938, as amended, is amended by inserting before the period at the end of the third sentence thereof a semicolon and the following: “except that in any case in which the Secretary determines that such basis would not be fair and equitable, the Secretary shall provide for such sharing on such other basis as he may determine to be fair and equitable.”, and by adding at the end thereof the following: “An acreage on the farm not planted to wheat because of drought, flood, or other natural disaster shall be deemed to be an actual acreage of wheat planted for harvest for purposes of this subsection provided such acreage is not subsequently planted to any other income-producing crops during such year. Producers on any farm who have planted not less than 90 per centum of the acreage of wheat required to be planted in order to earn the full amount of marketing certificates for which the farm is eligible shall be deemed to have planted the entire acreage required to be planted for that purpose.” Sec. 509. Section 301(b) of the Agricultural Adjustment Act of 52 Stat. 38. 7 USC 1301. 1938, as amended, is amended as follows: (1) Paragraph (8) is amended by inserting “(A)” after “(8)” and adding the following new subparagraph: “(B) ‘Projected national yield’ as applied to any crop of wheat, shall be determined on the basis of the national yield per harvested acre of the commodity during each of the five calendar years immedi-ately preceding the year in which such projected national yield is determined, adjusted for abnormal weather conditions affecting such yield, for trends in yields and for any significant changes in production practices.” (2) Paragraph (13) is amended by adding the following new 52 Stat. 38. 7 USC 1301. subparagraphs: “(J) ‘Projected county yield’ for any crop of wheat shall be determined “Projected county yield.” on the basis of the yield per harvested acre of such commodity in the county during each of the five calendar years immediately preceding the year in which such projected county yield is determined, adjusted for abnormal weather conditions affecting such yield, for trends in yields and for any significant changes in production practices. “(K) ‘Projected farm yield’ for any crop of wheat shall be determined “Projected farm yield.” on the basis of the yield per harvested acre of such commodity on the farm during each of the three calendar years immediately preceding the year in which such projected farm yield is determined, adjusted for abnormal weather conditions affecting such yield, for trends in yields and for any significant changes in production practices, but m no event, shall such projected farm yield be less than the normal yield for such farm as provided in subparagraph (E) of this paragraph.” 70 Stat. 212. Sec. 510. (a) Section 379c(b) of the Agricultural Adjustment Act of 1938, as amended, is amended, effective beginning with the 1966 76 Stat. 627; 78 Stat. 180. 7 USC 1379c. crop, by striking out of the fifth sentence the words “normal yield of wheat tier acre established for the farm” and substituting therefor the words “projected farm yield”. (b) Section 379i of the Agricultural Adjustment Act of 1938, as amended, is amended, effective as of the effective date of the original 7 USC 1379i. enactment of that section, by inserting in subsections (a) and (b) after the word “who”, wherever it appeal’s, the word “knowingly”. Sec. 511. (a) Effective beginning with the crop planted for harvest in 1966, paragraph (9) of section 301 (b) of the Agricultural Adjustment Act of 1938, as amended, is amended by striking out “cotton” and “wheat” and by adding at the end thereof the following: “ ‘Normal production’ as applied to any number of acres of cotton or wheat means the projected farm yield times such number of acres.” (b) Public Law 74, Seventy-seventh Congress, as amended, is 76 Stat. 624. 7 USC 1340. amended by changing the words “normal yield of wheat per acre established for the farm” in paragraph (1) to the words “projected farm yield”. Sec. 512. The national, State, comity, and farm acreage allotments for the 1966 crop of wheat shall be established in accordance with the provisions of law in effect prior to the enactment of this Act. Sec. 513. (a) Section 379d(b) of the Agricultural Adjustment Act of 1938 is amended by striking out the second sentence and substituting 78 Stat. 181. 7 USC 1379d. the following: “The cost of the export marketing certificates per bushel to the exporter shall be that amount determined by the Secretary on a daily basis which would make United States wheat and wheat flour generally competitive in the world market, avoid disruption of world market prices, and fulfill the international obligations of the United States.” (b) Section 379c(a) of such Act is amended by striking out everything in the next to the last sentence beginning with the words “United States” and substituting the following: “United States. The Secretary shall also provide for the issuance of export, marketing certificates to eligible producers at the end of the marketing year on a pro rata basis. For such purposes, the value per bushel of export marketing certificates shall be an average of the total net proceeds from the sale of export marketing certificates during the marketing year after deducting the total amount of wheat export subsidies paid to exporters.” (c) Section 379c(c) of such Act is amended by striking out “and the face value per bushel of export certificates shall be the amount by which the level of price support for wheat accompanied by export certificates exceeds the level of price support for noncertificate wheat”. Sec. 514. Section 328 of the Food and Agriculture Act of 1962 is amended by adding to the end thereof the following: “In establishing terms and conditions for permitting wheat to be planted in lieu or oats and rye, the Secretary may take into account the number of feed units per acre of wheat in relation to the number of feed units per acre of oats and rye.” Sec. 515. Section 379c of the Agricultural Adjustment Act of 1938, 76 Stat. 627. as amended, is amended, effective beginning with the crop planted for harvest in the calendar year 1964, by adding the following subsection: “(e) In any case in which the failure of a producer to comply fully with the terms and conditions of the programs formulated under this Act preclude the issuance of marketing certificates, the Secretary may, nevertheless, issue such certificates in such amounts as he determines to be equitable in relation to the seriousness of the default.” Sec. 516. Section 379e of the Agricultural Adjustment Act of 1938, 7 USC 1379e. as amended, is amended by adding at the end thereof the following: “Notwithstanding any other provision of this Act, Commodity Credit. Corporation shall sell marketing certificates for the marketing years for the 1966 through the 1969 wheat crops to persons engaged in the processing of food products at the face value thereof less any amount by which price support for wheat accompanied by domestic certificates exceeds $2 per bushel.” Sec. 517. Subsection (b) of section 379c of the Agricultural Adjustment Act of 1938 is amended by inserting immediately preceding the words “stored” wherever it appears, in the fourth through the sixth sentences, the words “delivered to the Secretary or”, and by adding at the end thereof the following: “Any wheat delivered to the Secretary hereunder shall become the property of the United States and shall be disposed of by the Secretary for relief purposes in the United States or in foreign countries or m such other manner as he shall determine will divert it from the normal channels of trade and commerce. Notwithstanding any other provision of this Act, the Secretary may provide that a producer shall not be eligible to receive marketing certificates, or may adjust the amount of marketing certificates to be received by the producer, with respect to any farm for any year in which a variety of wheat is planted on the farm which has been determined by the Secretary, after consultation with State Agricultural Experiment Stations, agronomists, cereal chemists and other qualified technicians, to have undesirable milling or baking qualities and has made public announcement thereof.”

6. 1965

   Food and Agriculture Act of 1965

   Pub. L. 89–321 § 504(b) · 79 Stat. 1187

   Changed · 7 U.S.C. § 1379d(d)

   Pub. L. 89–321, § 504(b), excluded four second clears not used for human consumption from term “food products”, authorized the Secretary at his election to administer the exemption for wheat processed into flour second clears through refunds either to processors of such wheat or to the users of such clears, and permitted, for the purpose of such refunds, the wheat equivalent of flour second clears to be determined on the basis of conversion factors authorized by section 1379f of this title, even though certificates had been surrendered on the basis of the weight of the wheat

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 89–321, § 504(b), excluded four second clears not used for human consumption from term “food products”, authorized the Secretary at his election to administer the exemption for wheat processed into flour second clears through refunds either to processors of such wheat or to the users of such clears, and permitted, for the purpose of such refunds, the wheat equivalent of flour second clears to be determined on the basis of conversion factors authorized by section 1379f of this title, even though certificates had been surrendered on the basis of the weight of the wheat.

   Enacted provision · exact public law section
   (b) Section 379d(d) is amended by inserting after the word “flour” the following: “(excluding flour second clears not used for human consumption as determined by the Secretary)”, and by inserting at the end thereof the following: “The Secretary may at his election administer the exemption for wheat processed into flour second clears through refunds either to processors of such wheat or to the users of such clears. For the purpose of such refunds, the wheat equivalent of flour second clears may be determined on the basis of conversion factor’s authorized by section 379f of the Agricultural Adjustment Act of 1938, even though certificates had been surrendered on the basis of 76 Stat. 629. 7 USC 1379f. the weight of the wheat.” This subsection shall be effective as to products sold, or removed for Effective date. sale or consumption on or after sixty days following enactment of this Act, unless the Secretary shall by regulation designate an earlier effective date within such sixty-day period.

7. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 title IV § 403(a)(1) · 84 Stat. 1358

   Struck and inserted · 7 U.S.C. § 1379d(b)

   Pub. L. 91–524, temporarily struck out provision limiting the section to only those marketing years for which a wheat marketing allocation program is in effect and inserted provisions authorizing the Secretary to temporarily suspend the requirement for export marketing certificates for the period beginning July 1, 1971, and ending June 30, 1974. See Effective and Termination Dates of 1970 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–524, temporarily struck out provision limiting the section to only those marketing years for which a wheat marketing allocation program is in effect and inserted provisions authorizing the Secretary to temporarily suspend the requirement for export marketing certificates for the period beginning July 1, 1971, and ending June 30, 1974. See Effective and Termination Dates of 1970 Amendment note below.

   Enacted provision · exact public law section
   Sec. 403. Effective only with respect to the marketing years beginning July J, 1971, July 1, 1972, and July 1, 1973, the Agricultural Adjustment Act of 1938, as amended, is further amended as follows: (1) by deleting in the first sentence of section 379d(b) the words “During any marketing year for which a wheat marketing allocation program is in effect,” and substituting “During each marketing year,”; (2) by adding at the end of section 379d(b) the following: “Notwithstanding the foregoing, the Secretary is authorized, to temporarily suspend the requirement for export, marketing certificates for the period beginning July 1, 1971, and ending June 30, 1974. (3) by adding at the end of section 379e the following: “Notwithstanding any other provision of this Act, Commodity Credit Corporation shall sell marketing certificates for the marketing years for the 1971, 1972, and 1973 crops of wheat to persons engaged in the processing of food products but in determining the cost to processors the face value shall be 75 cents per bushel.”

   Effective date note
   Pub. L. 91–524, title IV, § 403(a), formerly § 403, Nov. 30, 1970, 84 Stat. 1366, as renumbered by Pub. L. 93–86, § 1(10), Aug. 10, 1973, 87 Stat. 228, provided that the amendment made by Pub. L. 91–524 is effective only with respect to the marketing years beginning July 1, 1971, July 1, 1972, and July 1, 1973.

8 of 9 references resolved to an enrolled provision · 1 partial