§ 1428. Definitions

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. 1949

   Agricultural Act of 1949

   Pub. L. 81–792 · 63 Stat. 1051

   Enacted · 7 U.S.C. § 1428

   Oct. 31, 1949, ch. 792, title IV, § 408, 63 Stat. 1055

   Source evidence

   Code source credit
   Oct. 31, 1949, ch. 792, title IV, § 408, 63 Stat. 1055

2. 1954

   Public Law not identified

   Inserted · 7 U.S.C. § 1428(b)

   Subsec. (b). Act Aug. 28, 1954, inserted “or wheat” after “corn”, and “or wheat-producing” after “corn producing”

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

   Source evidence

   Code amendment note
   Subsec. (b). Act Aug. 28, 1954, inserted “or wheat” after “corn”, and “or wheat-producing” after “corn producing”.

3. 1965

   Food and Agriculture Act of 1965

   Pub. L. 89–321 title IV § 402(b) · 79 Stat. 1187

   Inserted · 7 U.S.C. § 1428(b)

   Pub. L. 89–321 temporarily inserted proviso. See Effective and Termination Dates of 1965 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–321 temporarily inserted proviso. See Effective and Termination Dates of 1965 Amendment note below.

   Enacted provision · exact public law section
   (b) Section 408(b) of the Agricultural Act of 1949, as amended, 63 Stat. 1055. 7 USC 1428. is amended, effective only for the 1966 through 1969 crops, by changing the period at the end of the first, sentence thereof to a colon and adding the following: “Provided, That for upland cotton a cooperator shall be a producer on whose farm the acreage planted to such cotton does not exceed the cooperator percentage, which shall be in the case of the 1966 crop, 87.5 per centum of such farm acreage allotment and, in the case of each of the 1967, 1968, and 1969 crops, such percentage, not less than 87.5 or more than 100 per centum, of such farm acreage allotment as the Secretary may specify for such crop, except, that in the case of small farms (i.e. farms on which the acreage allotment is 10 acres or less, or on which the projected farm yield times the acreage allotment is 3,600 pounds or less, and the acreage allotment has not been reduced under section 344(m)) the acreage of cotton on the farm 68 Stat. 4. 7 USC 1344. shall not be required to be reduced below the farm acreage allotment.”

4. 1968

   Pub. L. 90–559 § 1(4) · 82 Stat. 996

   Substituted · 7 U.S.C. § 1428(b)

   Pub. L. 90–559 provided for a one year extension, substituting “1967 through 1970” for “1967, 1968, and 1969”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–559 provided for a one year extension, substituting “1967 through 1970” for “1967, 1968, and 1969”.

   Enacted provision · exact public law section
   (1) by striking out “through 1969” wherever it appears and substituting “through 1970”;

5. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 § 604 · 84 Stat. 1358

   Inserted · 7 U.S.C. § 1428(b)

   Pub. L. 91–524, § 604, inserted proviso that, for the 1971, 1972, and 1973 crops of upland cotton, a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under section 1444(e) of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–524, § 604, inserted proviso that, for the 1971, 1972, and 1973 crops of upland cotton, a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under section 1444(e) of this title.

   Enacted provision · exact public law section
   Sec. 604. Section 408(b) of the Agricultural Act of 1949, as amended, is amended by inserting a colon in lieu of the period at the end of the first sentence and adding the following: “And provided, That for the 1971, 1972, and 1973 crops of upland cotton a cooperator shall be a producer on a farm on which a farm base acreage, allotment has been established who has set aside the acreage required under Ante, p. 1375. section 103(e).”

6. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 title IV § 408 · 84 Stat. 1358

   Added · 7 U.S.C. § 1428(k); 7 U.S.C. § 1428(l)

   Pub. L. 91–524, §§ 408, 607, temporarily added subsecs. (k) and (l). See Effective and Termination Dates of 1970 Amendment note below

   Source evidence

   Code amendment note
   Subsecs. (k), (l). Pub. L. 91–524, §§ 408, 607, temporarily added subsecs. (k) and (l). See Effective and Termination Dates of 1970 Amendment note below.

   Enacted provision · exact public law section
   Sec. 408. Effective only with respect to the 1971, 1972, and 1973 crops of the commodity the Agricultural Act of 1949 as amended is further amended by adding in section 408 a new subsection (k) as 63 Stat. 1055. 7 USC 1428. follows: “(k) “references to terms made applicable to wheat and feed grains References made in sections 402, 403, 406, and 416 to the terms ‘support price,’ ‘level of support,’ and ‘level of price support’ shall be considered to apply as well to the level of loans and purchases for wheat and feed grains under this Act; and references made to the terms ‘price support,’ ‘price support operations,’ and ‘price support program’ in such sections and in section 401(a) shall be considered as applying as well to the loan and purchase operations for wheat and feed grains under this Act.”

7. 1973

   Agriculture and Consumer Protection Act of 1973

   Pub. L. 93–86 § 1(22) · 87 Stat. 221

   Substituted · 7 U.S.C. § 1428(b)

   Pub. L. 93–86 substituted “1971 through 1977” for “1971, 1972, and 1973” in proviso requiring that for such designated crops of upland cotton a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under section 1444(e) of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–86 substituted “1971 through 1977” for “1971, 1972, and 1973” in proviso requiring that for such designated crops of upland cotton a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under section 1444(e) of this title.

   Enacted provision · exact public law section
   (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

8. 1976

   Pub. L. 94–214 § 303 · 90 Stat. 181

   Inserted · 7 U.S.C. § 1428(b)

   Pub. L. 94–214, § 303, inserted proviso defining “cooperator” for 1976 and 1977 crops of rice

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–214, § 303, inserted proviso defining “cooperator” for 1976 and 1977 crops of rice.

   Enacted provision · exact public law section
   Sec. 303. definition of cooperator Section 408(b) of the Agricultural Act of 1949 is amended 7 USC 1428. by striking out the period at the end of the first sentence and inserting in lieu thereof the fol lowing: “: Provided further, That for the 1976 and 1977 crops of rice, a cooperator shall be a person who produces rice on a farm for which a farm acreage allotment has teen established or to which a producer acreage allotment has been allocated and, if a set-aside is in effect, who has set aside any acreage required under section 101(g). ”.

9. 1976

   Pub. L. 94–214 § 304 · 90 Stat. 181

   Added · 7 U.S.C. § 1428(m)

   Pub. L. 94–214, § 304, temporarily added subsec. (m). See Effective and Termination Dates of 1976 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 94–214, § 304, temporarily added subsec. (m). See Effective and Termination Dates of 1976 Amendment note below.

   Enacted provision · exact public law section
   Sec. 304. conforming amendment Effective only with respect to the 1976 and 1977 crops of rice, section 408 of the Agricultural Act of 1949 is amended by adding at the end thereof the following new subsection: “(m) “Reference to Terms Made Available to Rice Reference made in sections 402,403,406,407, and 416 to terms ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the level of loans and purchases for rice under this Act, and references made to the terms ‘price support’, ‘price support operation’, and ‘price support programs such sections and 7 USC 1421. in section 401 (a) shall be considered as applying as well to the loan and purchase operations for such rice in this Act.”.

10. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 title IV § 407 · 91 Stat. 913

    1. Inserted · 7 U.S.C. § 1428(b)

       Pub. L. 95–113, §§ 604(a), 704, inserted proviso defining cooperator for purposes of the 1978 through 1981 crops of upland cotton as a producer on a farm who has set aside the acreage required under section 1444(f) of this title

    2. Substituted · 7 U.S.C. § 1428(b)

       Pub. L. 95–113, §§ 604(a), 704, substituted “1976 through 1981 crops of rice” for “1976 and 1977 crops of rice” in proviso defining cooperator for purposes of specific crops of rice

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–113, §§ 604(a), 704, inserted proviso defining cooperator for purposes of the 1978 through 1981 crops of upland cotton as a producer on a farm who has set aside the acreage required under section 1444(f) of this title and substituted “1976 through 1981 crops of rice” for “1976 and 1977 crops of rice” in proviso defining cooperator for purposes of specific crops of rice.

    Enacted provision · exact public law section
    Sec. 407. application of terms in the agricultural act of 1949 Section 408(k) of the Agricultural Act of 1949, as added by the Agricultural Act of 1970, as amended, to be effective for the 7 USC 1428. 1971 through 1977 crops, shall be effective for the 1978 through 1981 crops, and shall read as follows: “(k) References made in sections 402, 403, 406, and 416 to the terms Post, p. 956. 7 USC 1736, 1431. ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the level of loans and purchases for wheat and feed grains under this Act; and references made, to the terms ‘price support’, ‘price support operations’, and ‘price support program’ in such sections and in section 401(a) shall be considered as Post, p. 956. applying as well to the loan and purchase operations for wheat and feed grains under this Act.”.

11. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 title IV § 407 · 91 Stat. 913

    Amended · 7 U.S.C. § 1428(k)(m)

    Pub. L. 95–113, §§ 407, 604(b), 705, temporarily amended subsecs. (k) to (m) generally. See Effective and Termination Dates of 1977 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (k) to (m). Pub. L. 95–113, §§ 407, 604(b), 705, temporarily amended subsecs. (k) to (m) generally. See Effective and Termination Dates of 1977 Amendment note below.

    Enacted provision · exact public law section
    Sec. 407. application of terms in the agricultural act of 1949 Section 408(k) of the Agricultural Act of 1949, as added by the Agricultural Act of 1970, as amended, to be effective for the 7 USC 1428. 1971 through 1977 crops, shall be effective for the 1978 through 1981 crops, and shall read as follows: “(k) References made in sections 402, 403, 406, and 416 to the terms Post, p. 956. 7 USC 1736, 1431. ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the level of loans and purchases for wheat and feed grains under this Act; and references made, to the terms ‘price support’, ‘price support operations’, and ‘price support program’ in such sections and in section 401(a) shall be considered as Post, p. 956. applying as well to the loan and purchase operations for wheat and feed grains under this Act.”.

12. 1981

    Agriculture and Food Act of 1981

    Pub. L. 97–98 title XI § 1104 · 95 Stat. 1213

    1. Substituted · 7 U.S.C. § 1428(k)

       Pub. L. 97–98 temporarily substituted “Reference made” for “References made”

    2. Inserted · 7 U.S.C. § 1428(k)

       Pub. L. 97–98 temporarily inserted reference to section 1427 of this title and to upland cotton and rice. See Effective and Termination Dates of 1981 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 97–98 temporarily substituted “Reference made” for “References made” and inserted reference to section 1427 of this title and to upland cotton and rice. See Effective and Termination Dates of 1981 Amendment note below.

    Enacted provision · exact public law section
    Sec. 1104. application of terms in the agricultural act of 1949 Effective only for the 1982 through 1985 crops of wheat, feed grains, upland cotton, and rice, section 408(k) of the Agricultural 7 USC 1428. Act of 1949 is amended to read as follows: “(k) “references to terms made applicable to wheat, feed grains, upland cotton, and rice Reference made in sections 402, 403, 406, 407, and 416 to the terms ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the level of loans and purchases for wheat, feed grains, upland cotton, and rice under this Act; and references made to the terms ‘price support’, ‘price support operations’, and ‘price support program’ in such sections and in section 7 USC 1421. 401(a) shall be considered as applying as well to the loan and purchase operations for wheat, feed grains, upland cotton, and rice under this Act.”.

13. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title X § 1018 · 99 Stat. 1354

    1. Amended · 7 U.S.C. § 1428(k)

       Pub. L. 99–198 temporarily amended subsec. (k) generally

    2. Amended · 7 U.S.C. § 1428(k)

       Pub. L. 99–198 temporarily designating provisions before the semicolon as par. (1)

    3. Substituted · 7 U.S.C. § 1428(k)

       Pub. L. 99–198 temporarily substituting “loan and purchase level” for “level of loans and purchases”

    4. Amended · 7 U.S.C. § 1428(k)

       Pub. L. 99–198 temporarily designating provisions after the semicolon as par. (2). See Effective and Termination Dates of 1985 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 99–198 temporarily amended subsec. (k) generally, designating provisions before the semicolon as par. (1) and substituting “loan and purchase level” for “level of loans and purchases”, and designating provisions after the semicolon as par. (2). See Effective and Termination Dates of 1985 Amendment note below.

    Enacted provision · exact public law section
    Sec. 1018. application of terms in the agricultural act of 1949 Effective only for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice, subsection (k) of section 408 of the Agricultural Act of 1949 (7 U.S.C. 1428(k)) is amended to read as follows: “(k) (1) Reference made in sections 402, 403, 406, 407, and 416 to Loans. 7 USC 1422, 1423, 1426, 1427, 1431. the terms ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the loan and purchase level for wheat, feed grains, upland cotton, and rice under this Act. “(2) References made to the terms ‘price support’, Loans. ‘price support operations’, and ‘price support program’ in such sections and in section 401(a) shall be considered as applying as well to loan and 7 USC 1421. purchase operations for wheat, feed grains, upland cotton, and rice under this Act.”.

14. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 1131(a) · 104 Stat. 3359

    Amended · 7 U.S.C. § 1428(k)

    Pub. L. 101–624, § 1131(a), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows:

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 101–624, § 1131(a), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows:

    “(1) Reference made in sections 1422, 1423, 1426, 1427, and 1431 of this title to the terms ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the loan and purchase level for wheat, feed grains, upland cotton, and rice under this Act. “(2) References made to the terms ‘price support’, ‘price support operations’, and ‘price support program’ in such sections and in section 1421(a) of this title shall be considered as applying as well to loan and purchase operations for wheat, feed grains, upland cotton, and rice under this Act.”

    Enacted provision · exact public law section
    (a) In General.— Subsection (k) of section 408 of the Agricultural Act of 1949 (7 U.S.C. 1428(k)) is amended to read as follows: “(k) (1) Reference made in sections 402, 403, 406, 407, and 416 to the terms ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the loan and purchase level for wheat, feed grains, upland cotton, extra long staple cotton, honey, oilseeds and rice under this Act. “(2) References made to the terms ‘price support’, ‘price support operations’, and ‘price support program’ in such sections and in section 401(a) shall be considered as applying as well to loan and purchase operations for wheat, feed grains, upland cotton, extra long staple cotton, honey, oilseeds and rice under this Act. “(3) Notwithstanding any other provision of law, this subsection shall be effective only for the 1991 through 1995 crops of wheat, feed grains, upland cotton, extra long staple cotton, honey, oilseeds and rice.”.

15. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 1131(b) · 104 Stat. 3359

    1. Added · 7 U.S.C. § 1428(l); 7 U.S.C. § 1428(m)

       Pub. L. 101–624, § 1131(b), added subsec. (l)

    2. Struck · 7 U.S.C. § 1428(l); 7 U.S.C. § 1428(m)

       Pub. L. 101–624, § 1131(b), struck out former subsecs. (l) and (m). See 1977 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (l), (m). Pub. L. 101–624, § 1131(b), added subsec. (l) and struck out former subsecs. (l) and (m). See 1977 Amendment note below.

    Enacted provision · exact public law section
    (b) Producer.— Section 408 of such Act is amended by striking 7 USC 1428. subsections (1) and (m) and inserting the following new subsection: “(l) ‘Producer’ shall include a person growing hybrid seed under contract. In determining the interest of a grower of hybrid seed in a crop, the Secretary shall not take into consideration the existence of a hybrid seed contract.” .

16. 2002

    Pub. L. 107–171 title I § 1310(a)(2)(B) · 116 Stat. 134

    Struck · 7 U.S.C. § 1428(c)

    Pub. L. 107–171 struck out “peanuts,” before “rice,”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–171 struck out “peanuts,” before “rice,”.

    Enacted provision · exact public law section
    (B) in section 408(c) (7 U.S.C. 1428(c)), by striking “peanuts,”.

17. 2004

    Fair and Equitable Tobacco Reform Act of 2004

    Pub. L. 108–357 title VI § 612(c) · 118 Stat. 1418

    Struck · 7 U.S.C. § 1428(c)

    Pub. L. 108–357 struck out “tobacco,” before “and wheat”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–357 struck out “tobacco,” before “and wheat”.

    Enacted provision · exact public law section
    (c) Definition of Basic Agricultural Commodity.— Section 408(c) of the Agricultural Act of 1949 (7 U.S.C. 1428(c)) is amended by striking “tobacco,”.

    Effective date note
    Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title.

21 of 23 references resolved to an enrolled provision · 1 partial · 1 unresolved