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Title 7 — Agriculture

Chapter 35A — Price Support of Agricultural Commodities

§ 1425. Producer rights and liabilities

Statutory text

(a)

Liability for deficiencies

Except as otherwise provided in section 1425a of this title, no producer shall be personally liable for any deficiency arising from the sale of the collateral securing any loan made under authority of this Act unless such loan was obtained through fraudulent representations by the producer. This provision shall not, however, be construed to prevent the Commodity Credit Corporation or the Secretary from requiring producers to assume liability for deficiencies in the grade, quality, or quantity of commodities stored on the farm or delivered by them, for failure properly to care for and preserve commodities, or for failure or refusal to deliver commodities in accordance with the requirements of the program. There is authorized to be included in the terms and conditions of any such nonrecourse loan a provision whereby on and after the maturity of the loan or any extension thereof Commodity Credit Corporation shall have the right to acquire title to the unredeemed collateral without obligation to pay for any market value which such collateral may have in excess of the loan indebtedness.

(b)

Sugarcane and sugar beets

The security interests obtained by the Commodity Credit Corporation as a result of the execution of security agreements by the processors of sugarcane and sugar beets shall be superior to all statutory and common law liens on raw cane sugar and refined beet sugar in favor of the producers of sugarcane and sugar beets and all prior recorded and unrecorded liens on the crops of sugarcane and sugar beets from which the sugar was derived. The preceding sentence shall not affect the application of section 1421(e)(2) of this title.

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. Agricultural Act of 1949

    Pub. L. 81–792 · 63 Stat. 1051

    Enacted · 7 U.S.C. § 1425

    Oct. 31, 1949, ch. 792, title IV, § 405, 63 Stat. 1054

    Source evidence

    Code source credit
    Oct. 31, 1949, ch. 792, title IV, § 405, 63 Stat. 1054

  2. Agricultural Act of 1958

    Pub. L. 85–835 title V § 502 · 72 Stat. 988

    Changed · 7 U.S.C. § 1425

    Pub. L. 85–835 authorized the Commodity Credit Corporation to acquire title to agricultural commodities on which nonrecourse price-support loans have been made without the necessity of computing and making payments to the farmer

    Source evidence

    Code amendment note
    Pub. L. 85–835 authorized the Commodity Credit Corporation to acquire title to agricultural commodities on which nonrecourse price-support loans have been made without the necessity of computing and making payments to the farmer.

    Enacted provision · exact public law section
    Sec. 502. Section 405 of the Agricultural Act of 1949 is amended 7 USC 1425. by adding at the end thereof the following: “There is authorized to be included in the terms and conditions of any such nonrecourse loan a provision whereby on and after the maturity of the loan or any extension thereof Commodity Credit Corporation shall have the right to acquire title to the unredeemed collateral without obligation to pay for any market value which such collateral may have in excess of the loan indebtedness.”

  3. Food Security Act of 1985

    Pub. L. 99–198 title X § 1004 · 99 Stat. 1354

    1. Amended · 7 U.S.C. § 1425

      Pub. L. 99–198 temporarily designated existing provisions as subsec. (a)

    2. Added · 7 U.S.C. § 1425

      Pub. L. 99–198 temporarily added subsec. (b). See Effective and Termination Dates of 1985 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 99–198 temporarily designated existing provisions as subsec. (a) and added subsec. (b). See Effective and Termination Dates of 1985 Amendment note below.

    Enacted provision · exact public law section
    Sec. 1004. interest payment certificates Effective only for the 1986 through 1990 crops, section 405 of the Agricultural Act of 1949 (7 U.S.C. 1425) is amended by— (1) inserting “(a)” after the section designation; and (2) adding at the end thereof the following new subsection: “(b) (1) Notwithstanding any other provision of law, the Secretary Loans. may provide a negotiable certificate to any producer who repays, together with interest, a price support loan made available to such producer under any of the annual programs, for wheat, feed grains, upland cotton, or nee established under this Act. “(2) The amount of such certificates shall be equal to the amount of the interest paid by the producer on such loan. “(3) Such certificate shall be redeemable in wheat, feed grains, upland cotton, or rice, as the case may be, owned by the Commodity Credit Corporation. “(4) The issuance of such certificate shall be subject to the availability of commodities owned by the Corporation.”.

  4. Rural Development, Agriculture, and Related Agencies Appropriations Act, 1989

    Pub. L. 100–460 title VI § 634(a) · 102 Stat. 2229

    Substituted · 7 U.S.C. § 1425(a)

    Pub. L. 100–460 substituted “Except as otherwise provided in section 1425a of this title, no producer” for “No producer”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–460 substituted “Except as otherwise provided in section 1425a of this title, no producer” for “No producer”.

    Enacted provision · exact public law section
    (a) Effective beginning with the 1989 crop year for honey, Effective date. section 405 of the Agricultural Act of 1949 (7 U.S.C. 1425) is amended, in the text of subsection (a) (as so designated by section 1004(1) of the Food Security Act of 1985 effective for the 1986 through 1990 crops), by striking out “No producer” and inserting in lieu thereof “Except as otherwise provided in section 405A, no producer”.

    Effective date note
    Pub. L. 100–460, title VI, § 634(a), Oct. 1, 1988, 102 Stat. 2263, provided that the amendment made by section 634(a) is effective beginning with 1989 crop year for honey.

  5. Pub. L. 102–237 title I § 111(b) · 105 Stat. 1818

    Amended · 7 U.S.C. § 1425(b)

    Pub. L. 102–237 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–237 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

    “(1) Notwithstanding any other provision of law, the Secretary may provide a negotiable certificate to any producer who repays, together with interest, a price support loan made available to such producer under any of the annual programs, for wheat, feed grains, upland cotton, or rice established under this Act. “(2) The amount of such certificates shall be equal to the amount of the interest paid by the producer on such loan. “(3) Such certificate shall be redeemable in wheat, feed grains, upland cotton, or rice, as the case may be, owned by the Commodity Credit Corporation. “(4) The issuance of such certificate shall be subject to the availability of commodities owned by the Corporation.”

    Enacted provision · exact public law section
    (b) Security Interests.— Subsection (b) of section 405 (7 U.S.C. 1425) is amended to read as follows: “(b) Sugarcane and Sugar Beets.— The security interests obtained by the Commodity Credit Corporation as a result of the execution of security agreements by the processors of sugarcane and sugar beets shall be superior to all statutory and common law liens on raw cane sugar and refined beet sugar in favor of the producers of sugarcane and sugar beets and all prior recorded and unrecorded liens on the crops of sugarcane and sugar beets from which the sugar was derived. The preceding sentence shall not affect the application of section 401(e)(2).”.

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.

Amendments1958–1991 · 4 rounds

1991

Subsec. (b). Pub. L. 102–237 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

“(1) Notwithstanding any other provision of law, the Secretary may provide a negotiable certificate to any producer who repays, together with interest, a price support loan made available to such producer under any of the annual programs, for wheat, feed grains, upland cotton, or rice established under this Act.

“(2) The amount of such certificates shall be equal to the amount of the interest paid by the producer on such loan.

“(3) Such certificate shall be redeemable in wheat, feed grains, upland cotton, or rice, as the case may be, owned by the Commodity Credit Corporation.

“(4) The issuance of such certificate shall be subject to the availability of commodities owned by the Corporation.”

1988

Subsec. (a). Pub. L. 100–460 substituted “Except as otherwise provided in section 1425a of this title, no producer” for “No producer”.

1985

Pub. L. 99–198 temporarily designated existing provisions as subsec. (a) and added subsec. (b). See Effective and Termination Dates of 1985 Amendment note below.

1958

Pub. L. 85–835 authorized the Commodity Credit Corporation to acquire title to agricultural commodities on which nonrecourse price-support loans have been made without the necessity of computing and making payments to the farmer.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–460, title VI, § 634(a), , 102 Stat. 2263, provided that the amendment made by section 634(a) is effective beginning with 1989 crop year for honey.

Effective and Termination Dates of 1985 Amendment

Pub. L. 99–198, title X, § 1004, , 99 Stat. 1447, provided that the amendment made by section 1004 is effective only for the 1986 through 1990 crops.

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(b)(10) 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(b)(10) 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(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning , and ending , see section 7301(b)(1)(J) of this title.

Executive Documents

Exceptions From Transfer of Functions

Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective , 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

Credits

1949–1991 · 5 acts
  1. 1949Oct. 31, 1949, ch. 792, title IV, § 405, 63 Stat. 1054
  2. 1958Pub. L. 85–835, title V, § 502, , 72 Stat. 996
  3. 1985Pub. L. 99–198, title X, § 1004, , 99 Stat. 1447
  4. 1988Pub. L. 100–460, title VI, § 634(a), , 102 Stat. 2263
  5. 1991Pub. L. 102–237, title I, § 111(b), , 105 Stat. 1830.
Show as published

(Oct. 31, 1949, ch. 792, title IV, § 405, 63 Stat. 1054; Pub. L. 85–835, title V, § 502, , 72 Stat. 996; Pub. L. 99–198, title X, § 1004, , 99 Stat. 1447; Pub. L. 100–460, title VI, § 634(a), , 102 Stat. 2263; Pub. L. 102–237, title I, § 111(b), , 105 Stat. 1830.)

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