Title 7 — Agriculture
Chapter 35A — Price Support of Agricultural Commodities
§ 1445k. Payments in commodities
Statutory text
In-kind payments by Secretary
In making in-kind payments under any of the annual programs for wheat, feed grains, upland cotton, or rice (other than negotiable marketing certificates for upland cotton or rice), the Secretary may—
acquire and use like commodities that have been pledged to the Commodity Credit Corporation as security for price support loans, including loans made to producers under section 1445e of this title; and
use other like commodities owned by the Commodity Credit Corporation.
Methods of payments
The Secretary may make in-kind payments—
by delivery of the commodity to the producer at a warehouse or other similar facility, as determined by the Secretary;
by the transfer of negotiable warehouse receipts;
by the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for a commodity in accordance with regulations prescribed by the Secretary; or
by such other methods as the Secretary determines appropriate to enable the producer to receive payments in an efficient, equitable, and expeditious manner so as to ensure that the producer receives the same total return as if the payments had been made in cash.
Commodity certificates
The Secretary shall pay interest on the cash redemption of a commodity certificate issued by the Secretary to a producer who holds the certificate for at least 150 days. This subsection shall not apply with respect to commodity certificates issued in connection with the export enhancement program or the marketing promotion program established under the Agricultural Trade Act of 1978.
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.
Food Security Act of 1985
Pub. L. 99–198 title X § 1005 · 99 Stat. 1354
Enacted · 7 U.S.C. § 1445k
Oct. 31, 1949, ch. 792, title I, § 115, formerly § 107E, as added Pub. L. 99–198, title X, § 1005, Dec. 23, 1985, 99 Stat. 1448
Source evidence
Code source credit
Oct. 31, 1949, ch. 792, title I, § 115, formerly § 107E, as added Pub. L. 99–198, title X, § 1005, Dec. 23, 1985, 99 Stat. 1448Enacted provision · exact public law section
Sec. 1005. payments in commodities The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) is amended by inserting after section 107D (as added by section 308 of this Act) the following new section: “Sec. 107E. (a) In making in-kind payments under any of the annual programs for wheat, feed grains, upland cotton, or rice (other than negotiable marketing certificates for upland cotton or rice), the Secretary may— “(1) acquire and use like commodities that have been pledged to the Commodity Credit Corporation as security for price support 7 USC 1445e. loans, including loans made to producers under section 110; and “(2) use other like commodities owned by the Commodity Credit Corporation. “(b) The Secretary may make in-kind payments— “(1) by delivery of the commodity to the producer at a ware house or other similar facility, as determined by the Secretary; “(2) by the transfer of negotiable warehouse receipts; “(3) by the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for a commodity in accordance with regulations prescribed by the Secretary; or “(4) by such other methods as the Secretary determines appropriate to enable the producer to receive payments in an efficient, equitable, and expeditious manner so as to ensure that the producer receives the same total return as if the payments had been made in cash.”.Food, Agriculture, Conservation, and Trade Act of 1990
Pub. L. 101–624 § 1122(a) · 104 Stat. 3359
Added · 7 U.S.C. § 1445k(c)
Pub. L. 101–624, § 1122(a), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–624, § 1122(a), added subsec. (c).Enacted provision · exact public law section
(a) In General.— Section 107E of the Agricultural Act of 1949 (7 U.S.C. 1445b–4) is amended by adding at the end the following new subsection: “(c) The Secretary shall pay interest on the cash redemption of a commodity certificate issued by the Secretary to a producer who holds the certificate for at least 150 days. This subsection shall not apply with respect to commodity certificates issued in connection with the export enhancement program or the marketing promotion program established under the Agricultural Trade Act of 1978.”.Effective date note
Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
The Agricultural Trade Act of 1978, referred to in subsec. (c), is Pub. L. 95–501, , 92 Stat. 1685, as amended generally by Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3668, which is classified generally to chapter 87 (§ 5601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title and Tables.
Codification
Section was classified to section 1445b–4 of this title prior to its renumbering by Pub. L. 101–624.
Amendments
1990—Subsec. (c). Pub. L. 101–624, § 1122(a), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.
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)(7) 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)(7) 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)(7) 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)(G) of this title.
Redemption of Commodity Certificates
Pub. L. 101–624, title XI, § 1122(b), , 104 Stat. 3503, provided that:
“(1) In general.—
A subsequent holder of a commodity certificate issued by the Commodity Credit Corporation shall be allowed to exchange the expired commodity certificate under the same rules that apply to an original holder of the certificate.
“(2) Application and redemption limitations.—
This subsection shall only apply during the 180-day period beginning on the date of enactment of this Act []. No person may redeem more than $1,000 worth of certificates under this subsection.
“(3) Redemption limitations.—
In no event shall a person receive a payment from the Commodity Credit Corporation for a certificate that is redeemed under this subsection in an amount greater than the price paid for the certificate by the person. No expired certificate shall be exchanged under this section if the owner purchased the certificate after .”
Credits
1949–1990 · 2 acts
- 1949Oct. 31, 1949, ch. 792, title I, § 115, formerly § 107E, as added Pub. L. 99–198, title X, § 1005, , 99 Stat. 1448
- 1990renumbered § 115 and amended Pub. L. 101–624, title XI, §§ 1122(a), 1161(a)(1), , 104 Stat. 3503, 3520.
Show as published
(Oct. 31, 1949, ch. 792, title I, § 115, formerly § 107E, as added Pub. L. 99–198, title X, § 1005, , 99 Stat. 1448; renumbered § 115 and amended Pub. L. 101–624, title XI, §§ 1122(a), 1161(a)(1), , 104 Stat. 3503, 3520.)