§ 1446. Price support levels for designated nonbasic agricultural commodities

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be “(G)”.

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. § 1446

   Oct. 31, 1949, ch. 792, title II, § 201, 63 Stat. 1052

   Source evidence

   Code source credit
   Oct. 31, 1949, ch. 792, title II, § 201, 63 Stat. 1052

2. 1954

   Public Law not identified

   Struck · 7 U.S.C. § 1446(a)

   Subsec. (a). Act Aug. 28, 1954, § 709, struck out subsec. (a) relating to support of wool and mohair

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

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 28, 1954, § 709, struck out subsec. (a) relating to support of wool and mohair.

3. 1954

   Public Law not identified

   Struck · 7 U.S.C. § 1446(b)

   Subsec. (b). Act Aug. 28, 1954, § 203(a), struck out reference to Irish potatoes

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

   Source evidence

   Code amendment note
   Subsec. (b). Act Aug. 28, 1954, § 203(a), struck out reference to Irish potatoes.

4. 1954

   Public Law not identified

   Changed · 7 U.S.C. § 1446(c)

   Subsec. (c). Act Aug. 28, 1954, § 204(b), provided for disposal of surplus dairy stocks owned by CCC

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

   Source evidence

   Code amendment note
   Subsec. (c). Act Aug. 28, 1954, § 204(b), provided for disposal of surplus dairy stocks owned by CCC.

5. 1956

   Public Law not identified

   1. Struck · 7 U.S.C. § 1446(c)

      Subsec. (c). Act July 20, 1956, struck out “as are” before “devoted,”

   2. Substituted · 7 U.S.C. § 1446(c)

      Subsec. (c). Act July 20, 1956, substituted “children” for “underprivileged children on a public welfare or charitable basis”

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

   Source evidence

   Code amendment note
   Subsec. (c). Act July 20, 1956, struck out “as are” before “devoted,” and substituted “children” for “underprivileged children on a public welfare or charitable basis”.

   Act Apr. 2, 1956 increased amount authorized for fiscal year 1956 from $50,000,000 to $60,000,000, to authorize $75,000,000 for each of fiscal years 1957 and 1958, and permitted certain institutions devoted to care and training of underprivileged children on a public welfare or charitable basis to share in the program.

6. 1958

   Agricultural Act of 1958

   Pub. L. 85–835 title V § 503 · 72 Stat. 988

   Changed · 7 U.S.C. § 1446(b)

   Pub. L. 85–835 required minimum support level of tung oil to be 65 per centum of parity whenever domestic production is less than anticipated domestic demand

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 85–835 required minimum support level of tung oil to be 65 per centum of parity whenever domestic production is less than anticipated domestic demand.

   Enacted provision · exact public law section
   Sec. 503. Section 201 (b) of the Agricultural Act of 1949, as 7 USC 1446. amended, is amended by changing the semicolon at the end thereof to a colon and adding the following: “Provided, That in any crop year in which the Secretary determines that the domestic production of tung oil will be less than the anticipated domestic demand for such oil, the price of tung nuts shall be supported at not less than 65 per centum of the parity price therefor;”.

7. 1960

   Pub. L. 86–799 · 74 Stat. 1054

   Inserted · 7 U.S.C. § 1446(c)

   Pub. L. 86–799 inserted “Notwithstanding the foregoing provisions, for the period beginning with September 16, 1960, and ending March 31, 1961, the price of milk for manufacturing purposes and the price of butterfat shall be supported at not less than $3.22 per hundredweight and 59.6 cents per pound, respectively.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 86–799 inserted “Notwithstanding the foregoing provisions, for the period beginning with September 16, 1960, and ending March 31, 1961, the price of milk for manufacturing purposes and the price of butterfat shall be supported at not less than $3.22 per hundredweight and 59.6 cents per pound, respectively.”

8. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 title II § 202 · 84 Stat. 1358

   1. Substituted · 7 U.S.C. § 1446

      Pub. L. 91–524 substituted “and milk” for “milk, butterfat, and products of milk and butterfat” in provisions preceding subsec. (a)

   2. Struck · 7 U.S.C. § 1446

      Pub. L. 91–524 struck out provisions for butterfat price supports in subsec. (c)

   Source evidence

   Code amendment note
   Pub. L. 91–524 substituted “and milk” for “milk, butterfat, and products of milk and butterfat” in provisions preceding subsec. (a) and struck out provisions for butterfat price supports in subsec. (c).

   Enacted provision · exact public law section
   Sec. 202. suspension or butterfat support program Effective only with respect to the period beginning April 1, Price supports. 1971, and ending March 31, 1974— (a) The first sentence of section 201 of the Agricultural Act of 1949, Designated non-basic commodities. 63 Stat. 1052. as amended (7 U.S.C. 1446), is amended by striking the words “milk, butterfat, and the products of milk and butterfat” and inserting in lieu thereof the words “and milk”. (b) Paragraph (c) of section 201 of the Agricultural Act of 1949, Milk and butter, fat. 68 Stat. 899; 70 Stat. 86; 74 Stat. 1054. as amended (7 U.S.C. 1446(c)), is amended to read as follows: “(c) The price of milk shall be supported at such level not in excess of 90 per centum nor less than 75 per centum of the parity price therefor as the Secretary determines necessary in order to assure an adequate supply. Such price support shall be provided through purchases of milk and the products of milk.”

9. 1973

   Agriculture and Consumer Protection Act of 1973

   Pub. L. 93–86 § 1(3)(B) · 87 Stat. 221

   1. Inserted · 7 U.S.C. § 1446(c)

      Pub. L. 93–86 inserted “of pure and wholesome milk to meet current needs, reflect changes in the cost of production, and assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs” after “necessary in order to assure an adequate supply”

   2. Inserted · 7 U.S.C. § 1446(c)

      Pub. L. 93–86 inserted provision that for the period August 10, 1973, through March 31, 1975, the price of milk shall be supported at not less than 80 per centum of the parity price therefor

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–86 inserted “of pure and wholesome milk to meet current needs, reflect changes in the cost of production, and assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs” after “necessary in order to assure an adequate supply” and inserted provision that for the period August 10, 1973, through March 31, 1975, the price of milk shall be supported at not less than 80 per centum of the parity price therefor.

   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.”

10. 1973

    Pub. L. 93–225 · 87 Stat. 942

    Changed · 7 U.S.C. § 1446(b)

    Pub. L. 93–225 limited tung nuts price support level provisions to tung nuts through the 1976 crop year. Prior provisions were applicable to tung nuts without any crop year restriction

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–225 limited tung nuts price support level provisions to tung nuts through the 1976 crop year. Prior provisions were applicable to tung nuts without any crop year restriction.

11. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 title II § 203 · 91 Stat. 913

    Inserted · 7 U.S.C. § 1446

    Pub. L. 95–113, §§ 901(1), 902(1), temporarily inserted references to soybeans, sugar beets, and sugar cane in provisions preceding subsec. (a). See Effective and Termination Dates of 1977 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 95–113, §§ 901(1), 902(1), temporarily inserted references to soybeans, sugar beets, and sugar cane in provisions preceding subsec. (a). See Effective and Termination Dates of 1977 Amendment note below.

    Enacted provision · exact public law section
    Sec. 203. milk price support Section 201 of the Agricultural Act of 1949, as amended, is amended by— (1) striking out the second sentence in subsection (c) and inserting in lieu thereof a new sentence as follows: “Notwithstanding the foregoing, effective for the period beginning on the effective date of the Food and Agriculture Act of 1977 and ending March 31, 1979, the price of milk shall be supported at not less than 80 per centum or the parity price therefor.”; and (2) adding at the end thereof a new subsection (d) as follows: “(d) Effective for the period beginning on the effective date of the Food and Agriculture Act of 1977 and ending March 31, 1981, the support price of milk shall be adjusted by the Secretary at the beginning of each semiannual period after the beginning of the marketing year to reflect any estimated change in the parity index during such semiannual period. The Secretary is authorized to adjust the support price of milk at the beginning of each remaining quarter in the marketing year to reflect any substantial change in the parity index during Announcement. such quarterly period. Any adjustment under this subsection shall be announced by the Secretary not more than thirty days prior to the beginning of the period to which it is applicable.”.

12. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 203(1) · 91 Stat. 913

    Substituted · 7 U.S.C. § 1446(c)

    Pub. L. 95–113, § 203(1), substituted the period Oct. 1, 1977, through Mar. 31, 1979, for the period Aug. 10, 1973, through Mar. 31, 1975, as the period during which the price of milk shall be supported at not less than 80 per centum of parity

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–113, § 203(1), substituted the period Oct. 1, 1977, through Mar. 31, 1979, for the period Aug. 10, 1973, through Mar. 31, 1975, as the period during which the price of milk shall be supported at not less than 80 per centum of parity.

    Enacted provision · exact public law section
    (1) striking out the second sentence in subsection (c) and inserting in lieu thereof a new sentence as follows: “Notwithstanding the foregoing, effective for the period beginning on the effective date of the Food and Agriculture Act of 1977 and ending March 31, 1979, the price of milk shall be supported at not less than 80 per centum or the parity price therefor.”; and

13. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 203(2) · 91 Stat. 913

    Added · 7 U.S.C. § 1446(d)

    Pub. L. 95–113, § 203(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–113, § 203(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) adding at the end thereof a new subsection (d) as follows: “(d) Effective for the period beginning on the effective date of the Food and Agriculture Act of 1977 and ending March 31, 1981, the support price of milk shall be adjusted by the Secretary at the beginning of each semiannual period after the beginning of the marketing year to reflect any estimated change in the parity index during such semiannual period. The Secretary is authorized to adjust the support price of milk at the beginning of each remaining quarter in the marketing year to reflect any substantial change in the parity index during Announcement. such quarterly period. Any adjustment under this subsection shall be announced by the Secretary not more than thirty days prior to the beginning of the period to which it is applicable.”.

14. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 title II § 203 · 91 Stat. 913

    Added · 7 U.S.C. § 1446(e); 7 U.S.C. § 1446(f)

    Pub. L. 95–113, §§ 901(2), 902(2), temporarily added subsecs. (e) and (f). See Effective and Termination Dates of 1977 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 95–113, §§ 901(2), 902(2), temporarily added subsecs. (e) and (f). See Effective and Termination Dates of 1977 Amendment note below.

    Enacted provision · exact public law section
    Sec. 203. milk price support Section 201 of the Agricultural Act of 1949, as amended, is amended by— (1) striking out the second sentence in subsection (c) and inserting in lieu thereof a new sentence as follows: “Notwithstanding the foregoing, effective for the period beginning on the effective date of the Food and Agriculture Act of 1977 and ending March 31, 1979, the price of milk shall be supported at not less than 80 per centum or the parity price therefor.”; and (2) adding at the end thereof a new subsection (d) as follows: “(d) Effective for the period beginning on the effective date of the Food and Agriculture Act of 1977 and ending March 31, 1981, the support price of milk shall be adjusted by the Secretary at the beginning of each semiannual period after the beginning of the marketing year to reflect any estimated change in the parity index during such semiannual period. The Secretary is authorized to adjust the support price of milk at the beginning of each remaining quarter in the marketing year to reflect any substantial change in the parity index during Announcement. such quarterly period. Any adjustment under this subsection shall be announced by the Secretary not more than thirty days prior to the beginning of the period to which it is applicable.”.

15. 1979

    Pub. L. 96–127 § 1(a) · 93 Stat. 981

    Substituted · 7 U.S.C. § 1446(c)

    Pub. L. 96–127, § 1(a), substituted Sept. 30, 1981, for Mar. 31, 1979

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–127, § 1(a), substituted Sept. 30, 1981, for Mar. 31, 1979.

16. 1979

    Pub. L. 96–127 § 1(b) · 93 Stat. 981

    Substituted · 7 U.S.C. § 1446(d)

    Pub. L. 96–127, § 1(b), substituted Sept. 30, 1981, for Mar. 31, 1981

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–127, § 1(b), substituted Sept. 30, 1981, for Mar. 31, 1981.

17. 1980

    Agricultural Trade Suspension Adjustment Act of 1980

    Pub. L. 96–494 title II § 202(c) · 94 Stat. 2570

    Inserted · 7 U.S.C. § 1446(e)

    Pub. L. 96–494 inserted proviso that 1981 crop of soybeans shall be supported through loans and purchases at not less than $5.02 per bushel

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–494 inserted proviso that 1981 crop of soybeans shall be supported through loans and purchases at not less than $5.02 per bushel.

    Enacted provision · exact public law section
    (c) Section 201(e) of the Agricultural Act of 1949 is amended by inserting the following before the period at the end thereof: “:Provided further, That the 1981 crop of soybeans shall be supported through loans and purchases at not less than $5.02 per bushel”.

18. 1981

    Pub. L. 97–6 · 95 Stat. 8

    Struck · 7 U.S.C. § 1446(d)

    Pub. L. 97–6 struck out subsec. (d) which required that, for the period Oct. 1, 1977, to Sept. 30, 1981, the support price of milk be adjusted semiannually

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–6 struck out subsec. (d) which required that, for the period Oct. 1, 1977, to Sept. 30, 1981, the support price of milk be adjusted semiannually.

19. 1981

    Pub. L. 97–35 § 150(1) · 95 Stat. 357

    Substituted · 7 U.S.C. § 1446(c)

    Pub. L. 97–35, § 150(1), substituted provisions setting forth price support levels for the period beginning Oct. 1, 1981, and ending Sept. 30, 1985, for provisions setting forth price support levels for the period beginning Oct. 1, 1977, and ending Sept. 30, 1981

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–35, § 150(1), substituted provisions setting forth price support levels for the period beginning Oct. 1, 1981, and ending Sept. 30, 1985, for provisions setting forth price support levels for the period beginning Oct. 1, 1977, and ending Sept. 30, 1981.

    Enacted provision · exact public law section
    (1) striking out the second sentence of subsection (c) and inserting in lieu thereof the following: “Notwithstanding the foregoing, effective for the period beginning October 1, 1981, and ending September 30, 1985, the price of milk for the marketing year beginning on October 1 of each year shall be supported at a level determined according to the following procedure: The Net Government purchases, estimate. Secretary shall estimate Government price support purchases net of sales for unrestricted use for the marketing year using the amount of such purchases made during the most recent six-month period adjusted to an annual level on the basis of the most recent ten year experience. The Secretary shall adjust this Adjustment. estimate of net Government purchases to reflect the effect of current and expected availability of feed, feed prices, milk-feed price ratio, utility cow prices, dairy cow numbers and dairy heifer replacement stocks on milk production during the marketing year. After making this final estimate, the Secretary shall support the price of milk at not less than the level indicated by the following schedule, nor more than 90 per centum of the parity price therefor: “Price as percent of parity The higher of anticipated annual rate of net Government purchases Nonfat dry milk (million pounds) Milk equivalent (butterfat basal) of butter and cheese (billion pounds)  75  more than 500  5.5 or more.  76  450–499.9  5.0–5.499.  77  400–449.9  4.5–4.999.  78  350–399.9  4.0–4.499.  79  300–349.9  3.5–3.999.  80  250–299.9  3.0–8.499.  81  200–249.9  2.5–2.999.  82  150–199.9  2.0–2.499.  83  100–149.9  1.5–1.999.  84  50–99.9  1.0–1.499.  85  less than 50  less than 1.0. In no event shall the support price be less than the dollar amount of the support price then currently in effect for milk: Provided, That if the Secretary determines that the inventory of dairy products, at the end of the marketing year, exceeds five hundred million pounds of nonfat dry milk or five and one-half billion pounds milk equivalent of butter and cheese, the support price for the next marketing year shall be established at the minimum level indicated by this schedule based upon estimated Government price support purchases net of sales for unrestricted use for Notification to congressional committees. such year. The Secretary shall notify, in writing, the chairman of the Senate Committee on Agriculture, Nutrition, and Forestry and the chairman of the House Committee on Agriculture of the Secretary’s decision and reasons therefor thirty days prior to the effective date of the new support level. Notwithstanding the foregoing, if during any marketing year dairy product imports into the United States are incrased as the result of an expansion of imports or termination of import restraints established pursuant 7 USC 624. to section 22 of the Agricultural Adjustment Act, the support price shall be redetermined by reducing the final estimate of net Government purchases by the milk equivalent (butterfat basis) of products or nonfat dry milk or its equivalent of other products derived from such increased imports. The increased support price so determined shall become effective simultaneously with the announcement of the expansion of dairy product imports. A similar reduction in the net Government purchases for the marketing year in which the imports are entered into the United States shall be made when determining the support price level for subsequent years.”; and

20. 1981

    Pub. L. 97–35 § 150(2) · 95 Stat. 357

    Added · 7 U.S.C. § 1446(d)

    Pub. L. 97–35, § 150(2), added subsec. (d)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–35, § 150(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) inserting a new subsection (d) as follows: “(d) Effective for the period beginning October 1, 1982, and ending on September 30, 1985, the support price of milk shall be adjusted by the Secretary at the beginning of each semiannual period to reflect any estimated change in the parity index during said semiannual period. If a review of net Government purchases as provided for in subsection (c) indicates that purchases during the most recent six-month period are being made at an annual rate exceeding five and one-half billion pounds milk equivalent (butterfat basis), or five hundred million pounds of nonfat dry milk, the support price of milk need not be adjusted unless such adjustment is necessary to prevent a support price at less than 75 per centum of parity as determined at Notification to congressional committees. the beginning of the semiannual period. The Secretary shall notify, in writing, the chairman of the Senate Committee on Agriculture, Nutrition, and Forestry and the chairman of the House Committee on Agriculture of the Secretary’s decision and the reasons therefor thirty days prior to the effective date of such semiannual adjustment.”.

21. 1981

    Agriculture and Food Act of 1981

    Pub. L. 97–98 title I § 103 · 95 Stat. 1213

    Inserted · 7 U.S.C. § 1446

    Pub. L. 97–98, §§ 801(1), 901(1), temporarily inserted reference in provision preceding subsec. (a) to soybeans, sugar beets, and sugarcane. See Effective and Termination Dates of 1981 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 97–98, §§ 801(1), 901(1), temporarily inserted reference in provision preceding subsec. (a) to soybeans, sugar beets, and sugarcane. See Effective and Termination Dates of 1981 Amendment note below.

    Enacted provision · exact public law section
    Sec. 103. milk price support Section 201 of the Agricultural Act of 1949, as amended by section 150 of the Omnibus Budget Reconciliation Act of 1981, is Ante, p. 369. amended by— (1) striking out everything in subsection (c) after the first sentence and inserting in lieu thereof the following: “Notwithstanding the foregoing, (1) effective for the period beginning with the date of enactment of this sentence and ending September 30, 1982, the price of milk shall be supported at such level as determined by the Secretary, but not less than $13.10 per hundredweight for milk containing 3.67 per centum milk fat; and (2) effective for each of the fiscal years ending September 30, 1983, September 30, 1984, and September 30, 1985, the price of milk shall be supported at such level as determined by the Secretary, but not less than $13.25, $14.00, and $14.60, respectively, per hundredweight for milk containing 3.67 per centum milk fat: Provided, That, for each fiscal year during the period beginning October 1, 1982, and ending September 30, 1985, if the Secretary estimates as of the beginning of any such fiscal year that the net cost of Government price support purchases of milk or the products of milk will be less than $1,000,000,000 during the fiscal year, the price of milk shall be supported at such level as determined by the Secretary, but not less than 70 per centum of the parity price therefor as of the beginning of the relevant fiscal year: Provided further, That if the Secretary estimates that net Government price support purchases of milk or the products of milk will be less than 4.0 billion pounds (milk equivalent) in fiscal year 1983; 3.5 billion pounds (milk equivalent) in fiscal year 1984; and 2.69 billion pounds (milk equivalent) in fiscal year 1985, the price of milk shall be supported at such level as determined by the Secretary, but not less than 75 per centum of the parity price therefor as of the beginning of the relevant fiscal year. Such price support shall be provided through the purchase of milk and the products of milk.”; and (2) repealing subsection (d).

22. 1981

    Agriculture and Food Act of 1981

    Pub. L. 97–98 § 103(1) · 95 Stat. 1213

    Substituted · 7 U.S.C. § 1446(c)

    Pub. L. 97–98, § 103(1), substituted provision specifying milk price supports for the period beginning Dec. 22, 1981, and ending Sept. 30, 1982, and for fiscal years ending Sept. 30, 1983, 1984, and 1985, with authority for Secretary to set milk price supports if he estimates that for such a fiscal year the net cost of Government price support purchases will be less than $1,000,000,000 for that fiscal year or if he estimates that the net Government price support purchases will be less than a specified poundage per fiscal year for provision specifying the procedure and setting a schedule to be used to determine milk price supports for the period beginning Oct. 1, 1981, and ending Sept. 30, 1985

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–98, § 103(1), substituted provision specifying milk price supports for the period beginning Dec. 22, 1981, and ending Sept. 30, 1982, and for fiscal years ending Sept. 30, 1983, 1984, and 1985, with authority for Secretary to set milk price supports if he estimates that for such a fiscal year the net cost of Government price support purchases will be less than $1,000,000,000 for that fiscal year or if he estimates that the net Government price support purchases will be less than a specified poundage per fiscal year for provision specifying the procedure and setting a schedule to be used to determine milk price supports for the period beginning Oct. 1, 1981, and ending Sept. 30, 1985.

    Enacted provision · exact public law section
    (1) striking out everything in subsection (c) after the first sentence and inserting in lieu thereof the following: “Notwithstanding the foregoing, (1) effective for the period beginning with the date of enactment of this sentence and ending September 30, 1982, the price of milk shall be supported at such level as determined by the Secretary, but not less than $13.10 per hundredweight for milk containing 3.67 per centum milk fat; and (2) effective for each of the fiscal years ending September 30, 1983, September 30, 1984, and September 30, 1985, the price of milk shall be supported at such level as determined by the Secretary, but not less than $13.25, $14.00, and $14.60, respectively, per hundredweight for milk containing 3.67 per centum milk fat: Provided, That, for each fiscal year during the period beginning October 1, 1982, and ending September 30, 1985, if the Secretary estimates as of the beginning of any such fiscal year that the net cost of Government price support purchases of milk or the products of milk will be less than $1,000,000,000 during the fiscal year, the price of milk shall be supported at such level as determined by the Secretary, but not less than 70 per centum of the parity price therefor as of the beginning of the relevant fiscal year: Provided further, That if the Secretary estimates that net Government price support purchases of milk or the products of milk will be less than 4.0 billion pounds (milk equivalent) in fiscal year 1983; 3.5 billion pounds (milk equivalent) in fiscal year 1984; and 2.69 billion pounds (milk equivalent) in fiscal year 1985, the price of milk shall be supported at such level as determined by the Secretary, but not less than 75 per centum of the parity price therefor as of the beginning of the relevant fiscal year. Such price support shall be provided through the purchase of milk and the products of milk.”; and

23. 1981

    Agriculture and Food Act of 1981

    Pub. L. 97–98 § 103(2) · 95 Stat. 1213

    Struck · 7 U.S.C. § 1446(d)

    Pub. L. 97–98, § 103(2), struck out subsec. (d) which provided that, effective for the period beginning Oct. 1, 1982, and ending Sept. 30, 1985, the support price of milk be adjusted by the Secretary at the beginning of each semiannual period to reflect the estimated change in the parity index during such semiannual period

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–98, § 103(2), struck out subsec. (d) which provided that, effective for the period beginning Oct. 1, 1982, and ending Sept. 30, 1985, the support price of milk be adjusted by the Secretary at the beginning of each semiannual period to reflect the estimated change in the parity index during such semiannual period.

    Enacted provision · exact public law section
    (2) repealing subsection (d).

24. 1981

    Agriculture and Food Act of 1981

    Pub. L. 97–98 title I § 103 · 95 Stat. 1213

    Added · 7 U.S.C. § 1446(g); 7 U.S.C. § 1446(h)

    Pub. L. 97–98, §§ 801(2), 901(2), temporarily added subsecs. (g) and (h). See Effective and Termination Dates of 1981 Amendments note below

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 97–98, §§ 801(2), 901(2), temporarily added subsecs. (g) and (h). See Effective and Termination Dates of 1981 Amendments note below.

    Enacted provision · exact public law section
    Sec. 103. milk price support Section 201 of the Agricultural Act of 1949, as amended by section 150 of the Omnibus Budget Reconciliation Act of 1981, is Ante, p. 369. amended by— (1) striking out everything in subsection (c) after the first sentence and inserting in lieu thereof the following: “Notwithstanding the foregoing, (1) effective for the period beginning with the date of enactment of this sentence and ending September 30, 1982, the price of milk shall be supported at such level as determined by the Secretary, but not less than $13.10 per hundredweight for milk containing 3.67 per centum milk fat; and (2) effective for each of the fiscal years ending September 30, 1983, September 30, 1984, and September 30, 1985, the price of milk shall be supported at such level as determined by the Secretary, but not less than $13.25, $14.00, and $14.60, respectively, per hundredweight for milk containing 3.67 per centum milk fat: Provided, That, for each fiscal year during the period beginning October 1, 1982, and ending September 30, 1985, if the Secretary estimates as of the beginning of any such fiscal year that the net cost of Government price support purchases of milk or the products of milk will be less than $1,000,000,000 during the fiscal year, the price of milk shall be supported at such level as determined by the Secretary, but not less than 70 per centum of the parity price therefor as of the beginning of the relevant fiscal year: Provided further, That if the Secretary estimates that net Government price support purchases of milk or the products of milk will be less than 4.0 billion pounds (milk equivalent) in fiscal year 1983; 3.5 billion pounds (milk equivalent) in fiscal year 1984; and 2.69 billion pounds (milk equivalent) in fiscal year 1985, the price of milk shall be supported at such level as determined by the Secretary, but not less than 75 per centum of the parity price therefor as of the beginning of the relevant fiscal year. Such price support shall be provided through the purchase of milk and the products of milk.”; and (2) repealing subsection (d).

25. 1982

    Pub. L. 97–253 § 101(1) · 96 Stat. 763

    Struck · 7 U.S.C. § 1446(c)

    Pub. L. 97–253, § 101(1), struck out provision specifying milk price supports for the period beginning Dec. 22, 1981, and ending Sept. 30, 1982, and for fiscal years ending Sept. 30, 1983, 1984, and 1985, with authority for Secretary to set milk price supports if he estimated that for such a fiscal year the net cost of Government price support purchases would be less than $1,000,000,000 for that fiscal year or if he estimated that the net Government price support purchases would be less than a specified poundage per fiscal year

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–253, § 101(1), struck out provision specifying milk price supports for the period beginning Dec. 22, 1981, and ending Sept. 30, 1982, and for fiscal years ending Sept. 30, 1983, 1984, and 1985, with authority for Secretary to set milk price supports if he estimated that for such a fiscal year the net cost of Government price support purchases would be less than $1,000,000,000 for that fiscal year or if he estimated that the net Government price support purchases would be less than a specified poundage per fiscal year.

26. 1982

    Pub. L. 97–253 § 101(2) · 96 Stat. 763

    Added · 7 U.S.C. § 1446(d)

    Pub. L. 97–253, § 101(2), added subsec. (d)

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–253, § 101(2), added subsec. (d).

27. 1983

    Dairy Production Stabilization Act of 1983

    Pub. L. 98–180 title I § 102(a) · 97 Stat. 1128

    1. Amended · 7 U.S.C. § 1446(d)

       Pub. L. 98–180 amended subsec. (d) generally

    2. Substituted · 7 U.S.C. § 1446(d)

       Pub. L. 98–180 substituting provision designed to adjust milk production to levels consistent with the national demand for milk and milk products by reducing the price support to $12.60 per hundredweight, with provision for further increase or decrease depending on volume, providing a 50 cents reduction per hundredweight in the price on all milk produced in the United States and marketed by producers for commercial use, and establishing a milk diversion program to reduce milk production for provision which kept the price support at $13.10 per hundredweight and authorized Secretary to collect $1.00 from farmers for every hundredweight of production sold, with the first 50 cents, payable beginning Oct. 1, 1982, to be nonrefundable, and the second 50 cents, payable beginning Apr. 1, 1983, refundable if the farmer could demonstrate reduced commercial marketings from such marketings during a defined base period

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–180 amended subsec. (d) generally, substituting provision designed to adjust milk production to levels consistent with the national demand for milk and milk products by reducing the price support to $12.60 per hundredweight, with provision for further increase or decrease depending on volume, providing a 50 cents reduction per hundredweight in the price on all milk produced in the United States and marketed by producers for commercial use, and establishing a milk diversion program to reduce milk production for provision which kept the price support at $13.10 per hundredweight and authorized Secretary to collect $1.00 from farmers for every hundredweight of production sold, with the first 50 cents, payable beginning Oct. 1, 1982, to be nonrefundable, and the second 50 cents, payable beginning Apr. 1, 1983, refundable if the farmer could demonstrate reduced commercial marketings from such marketings during a defined base period.

    Enacted provision · exact public law section
    (a) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) is amended to read as follows: “(d) Notwithstanding any other provision of law— “(1) (A) Effective for the period beginning with the date of enactment of the Dairy Production Stabilization Act of 1983 and ending on the last day of the month of enactment of such Act, the price of milk shall be supported at a rate equivalent to $13.10 per hundredweight for milk containing 3.67 per centum milkfat. “(B) Effective for the period beginning on the first day of the first calendar month following the date of enactment of the Dairy Production Stabilization Act of 1983 and ending on September 30, 1985, the price of milk shall be supported at a rate equivalent to $12.60 per hundredweight for milk containing 3.67 per centum milkfat, except that— “(i) on April 1, 1985, if the Secretary estimates that for the twelve-month period beginning on such date net price support purchases of milk or the products of milk would be in excess of six billion pounds milk equivalent, the Secretary may reduce the price support rate in effect on such date in the amount of 50 cents per hundredweight; and “(ii) on July 1, 1985— “(I) if the Secretary estimates that for the twelvemonth period beginning on such date net price support purchases of milk or the products of milk would be in excess of five billion pounds milk equivalent, the Secretary may reduce the price support rate in effect on such date in the amount of 50 cents per hundredweight; or “(II) if the Secretary estimates that for the twelvemonth period beginning on such date net price support purchases of milk or the products of milk would be five billion pounds milk equivalent or less and if the Secretary determines it necessary in order to assure an adequate supply of pure and wholesome milk to meet current needs, the Secretary may increase the price support rate in effect on such date in an amount not less than 50 cents per hundredweight. “(C) The price of milk shall be supported through the purchase of milk and the products of milk. “(2) (A) (i) Effective for the period beginning with the first day of the first calendar month following the date of enactment of the Dairy Production Stabilization Act of 1983 and ending on March 31, 1985, to encourage the adjustment of milk production to levels consistent with the national demand for milk and the products of milk, the Secretary shall provide for a reduction of 50 cents per hundredweight to be made in the price received on all milk produced in the United States and marketed by producers for commercial use. “(ii) Effective for the period beginning with the date of enactment of the Dairy Production Stabilization Act of 1983 and ending on the last day of the month of enactment of such Act, the provisions of paragraphs (2) through (7) of subsection (d) of this section, as in effect on the day immediately prior to the date of enactment of the Dairy Production Stabilization Act of 1983, shall be applicable to all milk produced in the United States and marketed by producers for commercial use. Enactment of the Dairy Production Stabilization Act of 1983 shall not affect in any manner the collection or enforcement of any deduction from the price of milk previously implemented by the Secretary under this subsection as in effect for any milk marketed for commercial use prior to the effective date of the reduction provided for in this paragraph, as added by section 102(a) of the Dairy Production Stabilization Act of 1983. “(B) The funds represented by the reduction in the price required to be applied to the marketings of milk by a producer under subparagraph (A) shall be collected and remitted to the Commodity Credit Corporation, at such time and in such manner as prescribed by the Secretary, by each person making payment to a producer for milk purchased from the producer, except that in the case of a producer who markets milk of the producer’s own production directly to consumers, such funds shall be remitted directly to the Corporation by the producer. “(C) To the extent that funds collected under this paragraph are inadequate to make the payments to producers who reduce marketings under paragraph (3), such payments shall be made using funds otherwise available to the Corporation. The funds remitted to the Corporation under this paragraph shall be considered as included in the payments to a producer of milk for purposes of the minimum price provisions of the Agricultural Adjustment Act of 1933, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937. “(3) (A) The Secretary shall, not later than January 1, 1984, provide for a milk diversion program under which the Secretary shall offer to enter into a contract, at any time up to February 1, 1984, with any producer of milk in the United States for the purpose of reducing the quantity of milk marketed by the producer for commercial use during the fifteen-month period beginning on January 1, 1984. Each producer of milk in the United States seeking to enter into a contract for diversion payments under this paragraph shall, prior to entering into such contract, provide the Secretary with a plan that (i) describes the manner in which the producer intends to achieve the reduction in milk marketings that would be required under such contract, and (ii) includes an estimate by the producer of the amount of such reduction which the producer intends to achieve through increased slaughter of dairy cattle (including the approximate number of dairy cattle that will be sold for slaughter during each month of the contract). In setting the terms and conditions of such contracts, the Secretary shall take into account any adverse impact of the reductions in milk production on beef, pork, and poultry producers in the United States and shall take all feasible steps to minimize such impact. “(B) Each such contract shall require that— “(i) the producer shall reduce the quantity of milk marketed for commercial use in an amount equal to a percentage specified by the producer, but not less than 5 per centum nor more than 30 per centum, of the quantity of milk marketed by such producer for commercial use during the marketing history period described in subparagraph (F); “(ii) any production capacity of a facility that becomes available for use because a producer reduces milk production in order to comply with the contract shall not be used by the producer, or made available by the producer for use by any other person, for the production of milk; “(iii) any dairy cattle that would or could have been used by the producer for the production of milk if the producer had not entered into and complied with such contract shall not have been sold, leased, or otherwise transferred to another person after November 8, 1983, except as permitted by the Secretary up to the date of enactment of the Dairy Production Stabilization Act of 1983 in order to further the purposes of this Act, or unless such cattle are sold for slaughter or sold or transferred to another producer with respect to whom there is in effect a contract entered into under this subsection, except that the Secretary may, to the extent practicable and to the extent deemed consistent with the goals of the diversion program, permit the sale of registered, purebred cattle for breeding purposes subject to such terms and conditions as the Secretary may prescribe based on a history of such sales by the producer or the sale or transfer of any dairy cattle if the Secretary determines that such sale or transfer does not result in adversely affecting the purpose of the program; and “(iv) the producer shall repay to the Secretary the entire payment received under this paragraph, including simple interest payable at a rate prescribed by the Secretary which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the United States Treasury, commencing on the date payment is first received under this paragraph, if the producer fails to comply with such contract. “(C) Except as provided in subparagraph (D), the Secretary shall pay to a producer who complies with a contract, entered into under this paragraph, an amount equal to the product of $10 per hundredweight and the amount, measured in hundredweights, by which the quantity of milk marketed by such producer for commercial use during the period specified in such contract is less than the quantity of milk marketed by such producer for commercial use during the marketing history period. “(D) No payment may be made under subparagraph (C) to a producer with respect to— “(i) any reduction in the quantity of milk marketed by the producer for commercial use that exceeds the lesser of 30 per centum of the aggregate quantity of milk marketed by the producer for commercial use during the producer’s marketing history period, or the sum of— “(I) the reduction in the quantity of milk marketed for commercial use required under the provisions of the contract the producer has entered into under this paragraph, after any adjustment by the Secretary under subparagraph (E); and “(II) 3 per centum of the quantity of milk marketed by the producer for commercial use during such producer’s marketing history period; “(ii) any reduction in the quantity of milk marketed by the producer for commercial use if such reduction is less than the larger of 5 per centum of the aggregate quantity of milk marketed by the producer for commercial use during the producer’s marketing history period, or the difference between— “(I) the reduction in the quantity of milk marketed for commercial use required under the provisions of the contract the producer has entered into under this paragraph, after any adjustment by the Secretary under subparagraph (E); and “(II) 3 per centum of the quantity of milk marketed by the producer for commercial use during such producer’s marketing history period; “(iii) except as provided in subparagraph (H), any reduction in the quantity of milk marketed for commercial use by a producer who, as determined by the Secretary, was not actively engaged in the production of milk for commercial use as of the date of enactment of the Dairy Production Stabilization Act of 1983; and “(iv) any reduction in the quantity of milk marketed for commercial use by a producer who violates any requirement specified in this paragraph. “(E) The Secretary may, in accordance with such rules or procedures as prescribed by the Secretary, modify contracts entered into under this paragraph if the Secretary determines that, as a result of contracts entered into under this paragraph, (i) there would be an excessive reduction in the level of milk production in the United States, or (ii) there has been a substantial hardship to producers of beef cattle, dairy cattle, hogs, or poultry sold for slaughter. If, under the provisions of clause (ii), the Secretary should specify a reduction in marketings in any quarter that is less than the percentage specified in the contract, such modification shall not be so great as to require the producer to make a reduction in excess of 150 per centum of the reduction required by the contract in any succeeding quarter: Provided, That after making any adjustments in milk marketed for commercial use in any period of the contract, except to the extent required by the foregoing provisions of this sentence, the aggregate reduction in milk marketed for commercial use for the entire diversion period must continue to be at least equal to the total reduction required by the contract. In the event of a modification, under clause (i) of this subparagraph, the Secretary may reduce the required reduction among all contracts on such basis as the Secretary determines will serve to reduce future dairy surpluses. In no event shall any reduction under this paragraph be apportioned on the basis of geographic region or area. “(F) Any producer of milk in the United States seeking to enter into a contract for diversion payments under this paragraph shall provide the Secretary with evidence of such producer’s marketing history. The marketing history shall be the marketings of milk by such producer for commercial use during calendar year 1982 (with production during the January through March quarter to be counted by the Secretary as corresponding to both the first and the last quarters of the fifteen-month diversion contract) or, at the option of the producer, the average marketings of milk by the producer during calendar years 1981 and 1982 (with production during the January through March quarter of each such year to be counted by the Secretary as corresponding to both the first and last quarters of the fifteen-month diversion contract). The producer’s marketing history may be adjusted as the Secretary determines necessary to correct for abnormally low production resulting from a natural disaster or other condition beyond the control of the producer or such other factors as the Secretary determines necessary to provide a fair and equitable marketing history. “(G) No marketing history shall be assigned to any producer who commenced marketing of milk after December 31, 1982, except as provided in subparagraph (H). “(H) A producer’s marketing history established under this paragraph shall not be transferable to any other person, unless the entire milk production facility used by the producer to produce milk for commercial use during the marketing history period and the producer’s entire dairy herd were transferred by reason of the death of the producer, by reason of a gift from the producer, or to a member or members of the family of the producer. The term ‘member of the family of the producer’ means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant. “(I) Eligibility for diversion payments shall be determined on the basis of the marketing history provided for in subparagraph (F). “(J) (i) Producers eligible for diversion payments shall apply for such payments at the end of each quarter. Payment may be made to any producer who can establish that marketings of milk by such producer for commercial use have been reduced from the level of marketings during the corresponding period of the marketing history period in an amount as specified by the Secretary for each quarter in the contract: Provided, That the aggregate quantity of such reductions for the entire diversion period must be at least equal to the total reduction required by the contract. Prior to approving such payment, the Secretary shall require evidence that such reduction in marketings has taken place. As part of such evidence, the producer shall certify, in a form specified by the Secretary, that such reduction is a net decrease in marketings of milk for commercial use and has not been offset by expansion of production in other production facilities in which the producer has an interest, or by transfer of partial interest in the production facility, or by employment of such other scheme or device to qualify for payment for which such producer would otherwise not be eligible. “(ii) Payments made under this paragraph during the contract period shall be considered preliminary settlements for reductions in marketings. A final settlement shall be made following the end of the contract period and shall be based on the volume of marketings for the entire contract period. If, based on total marketings for the contract period, it is determined that preliminary settlements have resulted in overpayments to the producer, the Secretary shall recover such overpayments from such producer. “(K) Application for payment shall be made by producers through the county committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act. “(L) A producer may assign a contract entered into under this paragraph only if— “(i) the producer’s interest in the entire milk production facility and the entire dairy herd used by the producer to produce milk for commercial marketings have been transferred as a unit to the person to whom the assignment is to be made; “(ii) the assignee is a person to whom the producer’s marketing history may be transferred under subparagraph “(iii) the producer and the assignee agree in writing that the assignee shall succeed to all rights and liabilities of the producer under the contract; and “(iv) a copy of such writing is submitted to the Secretary before the transfer occurs. “(M) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned, in accordance with subparagraph (L), by the estate of such producer. “(N) If the provisions for reductions in the price received for milk marketed for commercial use as provided for in paragraph (2) are held to be invalid by any court, or the Secretary is restrained or enjoined by any court from implementing such provisions, the Secretary shall immediately suspend making any diversion payments under this paragraph for the period beginning with the date of such court action and shall resume making such payments only if such court action is overruled, stayed, or terminated. “(O) If the Secretary determines that there has been a marked deviation in the composition of milk marketed for commercial use by a producer from that of such producer’s marketings during the marketing history period, an adjustment as determined appropriate by the Secretary shall be made in the producer’s diversion payments to reflect the composition of milk marketed during the marketing history period. “(4) Each producer who markets milk and each person required to make payment to the Corporation under this subsection shall keep such records and make such reports, in such manner, as the Secretary determines necessary to carry out this subsection. The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this subsection or to determine whether any person subject to the provisons of this subsection has engaged or is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of this subsection or regulation issued under this subsection. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of records. Such court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony on the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district of which such person is an inhabitant or wherever such person may be found. “(5) (A) The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any provision of this subsection or any regulation issued under this subsection. Any such civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action. The Secretary is not required, however, to refer to the Attorney General minor violations of this subsection whenever the Secretary believes that the administration and enforcement of this subsection would be adequately served by suitable written notice or warning to any person committing such violation. “(B) Each person (i) as to whom there is a failure to make a reduction in the price of milk received by such person as required by paragraph (2), (ii) who fails to remit to the Corporation the funds required to be collected and remitted by paragraph (2)(B), or (iii) who fails to make the reduction in marketings required by a contract under paragraph (3) shall be liable, in addition to any amount due, to a marketing penalty at a rate equal to the support price for milk in effect at the time the failure occurs on the quantity of milk as to which the failure applies. The Secretary may reduce any such marketing penalty in such amount as the Secretary determines equitable in any case in which the Secretary determines that the failure was unintentional or without knowledge on the part of the person concerned. Each person who knowingly violates any other provi-sion of this subsection, or any regulation issued under this subsection, shall be liable for a civil penalty of not more than $1,000 for each such violation. Any penalty provided for under this subparagraph shall be assessed by the Secretary after notice and opportunity for a hearing. “(C) Any person against whom a penalty is assessed under subparagraph (B) may obtain review of such penalty in an appropriate district court of the United States by filing a civil action in such court not later than thirty days after such penalty is imposed. The Secretary shall promptly file in such court a certified copy of the record upon which the penalty is based. The findings of the Secretary may be set aside only if found to be unsupported by substantial evidence. “(D) The district courts of the United States shall have jurisdiction to review and enforce any penalty imposed under subparagraph (B). “(E) The remedies provided in this paragraph shall be in addition to, and not exclusive of, other remedies that may be available. “(F) In carrying out this subsection, the Secretary may, as the Secretary deems appropriate— “(i) use the services of State and county committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act; and “(ii) enter into agreements to use, on a reimbursable or nonreimbursable basis, the services of administrators of Federal milk marketing orders and State milk marketing programs. “(6) The term ‘United States’ as used in paragraphs (2) and (3) of this subsection means the forty-eight contiguous States in the continental United States.”.

28. 1985

    Pub. L. 99–114 § 1 · 99 Stat. 488

    Substituted · 7 U.S.C. § 1446(d)(1)(B)

    Pub. L. 99–114 substituted “November 15, 1985” for “September 30, 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–114 substituted “November 15, 1985” for “September 30, 1985”.

    Enacted provision · exact public law section
    (1) inserting “, or within 10 days after the loan level for the related crop of upland cotton is announced, whichever is later,” after “effective” in the last sentence of paragraph (2); and

29. 1985

    Pub. L. 99–157 § 1 · 99 Stat. 818

    Substituted · 7 U.S.C. § 1446(d)(1)(B)

    Pub. L. 99–157 substituted “December 13, 1985” for “November 15, 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–157 substituted “December 13, 1985” for “November 15, 1985”.

    Enacted provision · exact public law section
    (1) by inserting “(A)” after the paragraph designation; and

30. 1985

    Pub. L. 99–182 § 1 · 99 Stat. 1173

    Substituted · 7 U.S.C. § 1446(d)(1)(B)

    Pub. L. 99–182 substituted “December 31, 1985” for “December 13, 1985”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B). Pub. L. 99–182 substituted “December 31, 1985” for “December 13, 1985”.

31. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title I § 101(a) · 99 Stat. 1354

    Inserted · 7 U.S.C. § 1446

    Pub. L. 99–198, §§ 801(1), 901(1), in provisions preceding subsec. (a), temporarily reenacted without change the amendments made in 1977 by sections 901(1) and 902(1) of Pub. L. 95–113 and in 1981 by sections 801(1) and 901(1) of Pub. L. 97–98, which inserted references to soybeans, sugar beets, and sugar cane. See Effective and Termination Dates of Amendments notes for 1985, 1981, and 1977, respectively, set out below

    Source evidence

    Code amendment note
    Pub. L. 99–198, §§ 801(1), 901(1), in provisions preceding subsec. (a), temporarily reenacted without change the amendments made in 1977 by sections 901(1) and 902(1) of Pub. L. 95–113 and in 1981 by sections 801(1) and 901(1) of Pub. L. 97–98, which inserted references to soybeans, sugar beets, and sugar cane. See Effective and Termination Dates of Amendments notes for 1985, 1981, and 1977, respectively, set out below.

    Enacted provision · exact public law section
    (a) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1) (A) During the period beginning on January 1, 1986, and ending on December 31, 1990, the price of milk shall be supported as provided in this subsection. “(B) During the period beginning on January 1, 1986, and ending on December 31, 1986, the price of milk shall be supported at a rate equal to $11.60 per hundredweight for milk containing 3.67 percent milkfat. “(C) (i) During the period beginning on January 1, 1987, and ending on September 30, 1987, the price of milk shall be supported at a rate equal to $11.35 per hundredweight for milk containing 3.67 percent milkfat. “(ii) Except as provided in subparagraph (D), during the period beginning on October 1, 1987, and ending on December 31, 1990, the price of milk shall be supported at a rate equal to $11.10 per hundredweight for milk containing 3.67 percent milkfat. “(D) (i) Subject to clause (ii), if for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 7 USC 1427. 407 for unrestricted use), as estimated by the Secretary on January 1 of such calendar year, will exceed 5,000,000,000 pounds (milk equivalent), on January 1 of such calendar year, the Secretary shall reduce by 50 cents the rate of price support for milk as in effect on such date. “(ii) The rate of price support for milk may not be reduced under clause (i) unless— “(I) the milk production termination program under paragraph (3) achieved a reduction in the production of milk by participants in the program of at least 12,000,000,000 pounds during the 18 months of the program; or “(II) the Secretary submits to Congress a certification, including a statement of facts in support of the certification of the Secretary, that reasonable contract offers were extended by the Secretary under such program but such offers were not accepted by a sufficient number of producers making reasonable bids for contracts to achieve such a reduction in production. “(E) If for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 407 for unrestricted use), as 7 USC 1427. estimated by the Secretary on January 1 of such calendar year, will not exceed 2,500,000,000 pounds (milk equivalent), the Secretary shall increase by 50 cents the rate of price support for milk in effect on such date. “(F) The price of milk shall be supported through the purchase of milk and the products of milk. “(2) (A) During the period beginning on April 1, 1986, and ending on September 30, 1987, the Secretary snail provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use. “(B) The amount of the reduction under subparagraph (A) in the price received by producers shall be— “(i) the period beginning on April 1, 1986, and ending on December 31, 1986, 40 cents per hundredweight of milk marketed; and “(ii) during the first 9 months of 1987, 25 cents per hundredweight of milk marketed. “(C) The funds represented by the reduction in price, required under subparagraph (A) to be applied to the marketings of milk by a producer, shall be collected and remitted to the Commodity Credit Corporation, at such time and in such manner as prescribed by the Secretary, by each person making payment to a producer for milk purchased from such producer, except that in the case of a producer who markets milk of the producer’s own production directly to consumers, such funds shall be remitted directly to the Corporation by such producer. “(D) The funds remitted to the Corporation under this paragraph shall be considered as included in the payments to a producer of milk for purposes of the minimum price provisions of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.”. 7 USC 674. Animals. Exports.

32. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1041 · 99 Stat. 1354

    1. Substituted · 7 U.S.C. § 1446(b)

       Pub. L. 99–198, § 1041, amended subsec. (b) generally, temporarily substituting provisions for loans, purchases and other price supports for the 1986 through 1990 crops of honey, and repayment of loans under this subsection, as well as penalties for pledging adulterated or imported honey as collateral to secure such loans, for provisions for support of the price of honey through loans, purchases or other operations, without any crop year restrictions, at a level not in excess of 90 per centum nor less than 60 per centum of the parity price thereof

    2. Struck · 7 U.S.C. § 1446(b)

       Pub. L. 99–198, § 1041, struck out provisions for price support for tung nuts through the 1976 crop year. See Effective and Termination Dates of 1985 Amendments note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–198, § 1041, amended subsec. (b) generally, temporarily substituting provisions for loans, purchases and other price supports for the 1986 through 1990 crops of honey, and repayment of loans under this subsection, as well as penalties for pledging adulterated or imported honey as collateral to secure such loans, for provisions for support of the price of honey through loans, purchases or other operations, without any crop year restrictions, at a level not in excess of 90 per centum nor less than 60 per centum of the parity price thereof, and struck out provisions for price support for tung nuts through the 1976 crop year. See Effective and Termination Dates of 1985 Amendments note below.

    Enacted provision · exact public law section
    Sec. 1041. honey price support Effective only for the 1986 through 1990 crops of honey, subsection (b) of section 201 of the Agricultural Act of 1949 (7 U.S.C. 1446) is amended to read as follows: “(b) (1) For each of the 1986 through 1990 crops of honey, the price of honey shall be supported through loans, purchases, or other operations as follows: “(A) For the 1986 crop, the loan and purchase level for honey shall be 64 cents per pound. “(B) For the 1987 crop, the loan and purchase level for honey shall be 63 cents per pound. “(C) For each of the 1988, 1989, and 1990 crops, the loan and purchase level for honey shall be the same as the level established for the preceding crop year reduced by 5 percent, except that such level may not be less than an amount equal to 75 percent of the simple average price received by producers of honey in the 5 preceding crop years, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period. “(2) The Secretary may permit a producer to repay a loan made to the producer under this subsection for a crop at a level that is the lesser of— “(A) the loan level determined for such crop; or “(B) such level as the Secretary determines will— “(i) minimize the number of loan forfeitures; “(ii) not result in excessive total stocks of honey; “(iii) reduce the costs incurred by the Federal Government in storing honey; and “(iv) maintain the competitiveness of honey in domestic and export markets. “(3) (A) If the Secretary determines that a person has knowingly pledged adulterated or imported honey as collateral to secure a loan made under this subsection, such person shall, in addition to any other penalties or sanctions prescribed by law, be ineligible for a loan, purchase, or payment under this subsection for the 3 crop years succeeding such determination. “(B) For purposes of subparagraph (A), honey shall be considered adulterated if— “(i) any substance has been substituted wholly or in part for such honey; “(ii) such honey contains a poisonous or deleterious substance that may render such honey injurious to health, except that in any case in which such substance is not added to such honey, such honey shall not be considered adulterated if the quantity of such substance in or on such honey does not ordinarily render it injurious to health; or “(iii) such honey is for any other reason unsound, unhealthy, unwholesome, or otherwise unfit for human consumption. .

33. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(d) · 99 Stat. 1354

    Substituted · 7 U.S.C. § 1446(c)

    Pub. L. 99–198, § 101(d), substituted “Except as provided in subsection (d) of this section, the price” for “The price”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–198, § 101(d), substituted “Except as provided in subsection (d) of this section, the price” for “The price”.

    Enacted provision · exact public law section
    (d) Section 201(c) of the Agricultural Act of 1949 (7 U.S.C. 1446(c)) is amended by striking out “The price” and inserting in lieu thereof “Except as provided in subsection (d), the price”.

34. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(a) · 99 Stat. 1354

    1. Changed · 7 U.S.C. § 1446(d)(1)

       Pub. L. 99–198, § 101(a), in amending par. (1) generally

    2. Substituted · 7 U.S.C. § 1446(d)(1)

       Pub. L. 99–198, § 101(a), in substituted provisions adjusting milk price support levels for calendar years 1986 through 1990 by gradually reducing the price support from $11.60 per hundredweight to $11.10 per hundredweight, providing for adjustments of 50 cents per hundredweight in the support level for calendar years 1988 through 1990 depending on projected sales levels for provisions setting price support levels for calendar years 1983 through 1985 by gradually reducing the price support from $13.10 per hundredweight to $12.60 per hundredweight, and providing for adjustments of 50 cents per hundredweight in the support level for twelve month periods beginning on April 1, 1985 and/or July 1, 1985, depending on projected sales levels

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 99–198, § 101(a), in amending par. (1) generally, substituted provisions adjusting milk price support levels for calendar years 1986 through 1990 by gradually reducing the price support from $11.60 per hundredweight to $11.10 per hundredweight, providing for adjustments of 50 cents per hundredweight in the support level for calendar years 1988 through 1990 depending on projected sales levels for provisions setting price support levels for calendar years 1983 through 1985 by gradually reducing the price support from $13.10 per hundredweight to $12.60 per hundredweight, and providing for adjustments of 50 cents per hundredweight in the support level for twelve month periods beginning on April 1, 1985 and/or July 1, 1985, depending on projected sales levels.

    Enacted provision · exact public law section
    (a) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1) (A) During the period beginning on January 1, 1986, and ending on December 31, 1990, the price of milk shall be supported as provided in this subsection. “(B) During the period beginning on January 1, 1986, and ending on December 31, 1986, the price of milk shall be supported at a rate equal to $11.60 per hundredweight for milk containing 3.67 percent milkfat. “(C) (i) During the period beginning on January 1, 1987, and ending on September 30, 1987, the price of milk shall be supported at a rate equal to $11.35 per hundredweight for milk containing 3.67 percent milkfat. “(ii) Except as provided in subparagraph (D), during the period beginning on October 1, 1987, and ending on December 31, 1990, the price of milk shall be supported at a rate equal to $11.10 per hundredweight for milk containing 3.67 percent milkfat. “(D) (i) Subject to clause (ii), if for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 7 USC 1427. 407 for unrestricted use), as estimated by the Secretary on January 1 of such calendar year, will exceed 5,000,000,000 pounds (milk equivalent), on January 1 of such calendar year, the Secretary shall reduce by 50 cents the rate of price support for milk as in effect on such date. “(ii) The rate of price support for milk may not be reduced under clause (i) unless— “(I) the milk production termination program under paragraph (3) achieved a reduction in the production of milk by participants in the program of at least 12,000,000,000 pounds during the 18 months of the program; or “(II) the Secretary submits to Congress a certification, including a statement of facts in support of the certification of the Secretary, that reasonable contract offers were extended by the Secretary under such program but such offers were not accepted by a sufficient number of producers making reasonable bids for contracts to achieve such a reduction in production. “(E) If for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 407 for unrestricted use), as 7 USC 1427. estimated by the Secretary on January 1 of such calendar year, will not exceed 2,500,000,000 pounds (milk equivalent), the Secretary shall increase by 50 cents the rate of price support for milk in effect on such date. “(F) The price of milk shall be supported through the purchase of milk and the products of milk. “(2) (A) During the period beginning on April 1, 1986, and ending on September 30, 1987, the Secretary snail provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use. “(B) The amount of the reduction under subparagraph (A) in the price received by producers shall be— “(i) the period beginning on April 1, 1986, and ending on December 31, 1986, 40 cents per hundredweight of milk marketed; and “(ii) during the first 9 months of 1987, 25 cents per hundredweight of milk marketed. “(C) The funds represented by the reduction in price, required under subparagraph (A) to be applied to the marketings of milk by a producer, shall be collected and remitted to the Commodity Credit Corporation, at such time and in such manner as prescribed by the Secretary, by each person making payment to a producer for milk purchased from such producer, except that in the case of a producer who markets milk of the producer’s own production directly to consumers, such funds shall be remitted directly to the Corporation by such producer. “(D) The funds remitted to the Corporation under this paragraph shall be considered as included in the payments to a producer of milk for purposes of the minimum price provisions of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.”. 7 USC 674. Animals. Exports.

35. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(a) · 99 Stat. 1354

    1. Changed · 7 U.S.C. § 1446(d)(2)

       Pub. L. 99–198, § 101(a), in amending par. (2) generally

    2. Substituted · 7 U.S.C. § 1446(d)(2)

       Pub. L. 99–198, § 101(a), in substituted provisions for a reduction in the price received by producers for all milk produced in the United States and marketed for commercial use in an amount of 40 cents per hundredweight for the period between Apr. 1, 1986, and Dec. 31, 1986, and 25 cents per hundredweight during the first 9 months of 1987 for provisions for a reduction of 50 cents per hundredweight in such price effective for the period beginning with the first day of the first calendar month following Nov. 29, 1983, and ending on Mar. 31, 1985

    3. Struck · 7 U.S.C. § 1446(d)(2)

       Pub. L. 99–198, § 101(a), in struck out provisions relating to the continued applicability of pars. (2) to (7) of this subsection between Nov. 29, 1983, and the last day of November, 1983, and the inapplicability of sections 4501 to 4513 of this title to prior deductions or collections under this subsection, and provisions that to the extent that funds collected under this paragraph were inadequate to make payments to producers under par. (3), such payments had to be made using otherwise available funds

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 99–198, § 101(a), in amending par. (2) generally, substituted provisions for a reduction in the price received by producers for all milk produced in the United States and marketed for commercial use in an amount of 40 cents per hundredweight for the period between Apr. 1, 1986, and Dec. 31, 1986, and 25 cents per hundredweight during the first 9 months of 1987 for provisions for a reduction of 50 cents per hundredweight in such price effective for the period beginning with the first day of the first calendar month following Nov. 29, 1983, and ending on Mar. 31, 1985, and struck out provisions relating to the continued applicability of pars. (2) to (7) of this subsection between Nov. 29, 1983, and the last day of November, 1983, and the inapplicability of sections 4501 to 4513 of this title to prior deductions or collections under this subsection, and provisions that to the extent that funds collected under this paragraph were inadequate to make payments to producers under par. (3), such payments had to be made using otherwise available funds.

    Enacted provision · exact public law section
    (a) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1) (A) During the period beginning on January 1, 1986, and ending on December 31, 1990, the price of milk shall be supported as provided in this subsection. “(B) During the period beginning on January 1, 1986, and ending on December 31, 1986, the price of milk shall be supported at a rate equal to $11.60 per hundredweight for milk containing 3.67 percent milkfat. “(C) (i) During the period beginning on January 1, 1987, and ending on September 30, 1987, the price of milk shall be supported at a rate equal to $11.35 per hundredweight for milk containing 3.67 percent milkfat. “(ii) Except as provided in subparagraph (D), during the period beginning on October 1, 1987, and ending on December 31, 1990, the price of milk shall be supported at a rate equal to $11.10 per hundredweight for milk containing 3.67 percent milkfat. “(D) (i) Subject to clause (ii), if for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 7 USC 1427. 407 for unrestricted use), as estimated by the Secretary on January 1 of such calendar year, will exceed 5,000,000,000 pounds (milk equivalent), on January 1 of such calendar year, the Secretary shall reduce by 50 cents the rate of price support for milk as in effect on such date. “(ii) The rate of price support for milk may not be reduced under clause (i) unless— “(I) the milk production termination program under paragraph (3) achieved a reduction in the production of milk by participants in the program of at least 12,000,000,000 pounds during the 18 months of the program; or “(II) the Secretary submits to Congress a certification, including a statement of facts in support of the certification of the Secretary, that reasonable contract offers were extended by the Secretary under such program but such offers were not accepted by a sufficient number of producers making reasonable bids for contracts to achieve such a reduction in production. “(E) If for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 407 for unrestricted use), as 7 USC 1427. estimated by the Secretary on January 1 of such calendar year, will not exceed 2,500,000,000 pounds (milk equivalent), the Secretary shall increase by 50 cents the rate of price support for milk in effect on such date. “(F) The price of milk shall be supported through the purchase of milk and the products of milk. “(2) (A) During the period beginning on April 1, 1986, and ending on September 30, 1987, the Secretary snail provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use. “(B) The amount of the reduction under subparagraph (A) in the price received by producers shall be— “(i) the period beginning on April 1, 1986, and ending on December 31, 1986, 40 cents per hundredweight of milk marketed; and “(ii) during the first 9 months of 1987, 25 cents per hundredweight of milk marketed. “(C) The funds represented by the reduction in price, required under subparagraph (A) to be applied to the marketings of milk by a producer, shall be collected and remitted to the Commodity Credit Corporation, at such time and in such manner as prescribed by the Secretary, by each person making payment to a producer for milk purchased from such producer, except that in the case of a producer who markets milk of the producer’s own production directly to consumers, such funds shall be remitted directly to the Corporation by such producer. “(D) The funds remitted to the Corporation under this paragraph shall be considered as included in the payments to a producer of milk for purposes of the minimum price provisions of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.”. 7 USC 674. Animals. Exports.

36. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(1) · 99 Stat. 1354

    1. Changed · 7 U.S.C. § 1446(d)(3)(A)

       Pub. L. 99–198, § 101(b)(1), in amending subpar. (A) generally

    2. Substituted · 7 U.S.C. § 1446(d)(3)(A)

       Pub. L. 99–198, § 101(b)(1), in substituted provisions for a milk production termination program for the 18-month period beginning Apr. 1, 1986, for provisions for a milk diversion program under which Secretary had to offer to enter into a contract, at any time up to Feb. 1, 1984, with any producer of milk in the United States to reduce the quantity of commercially marketed milk during the 15-month period beginning Jan. 1, 1984

    Source evidence

    Code amendment note
    Subsec. (d)(3)(A). Pub. L. 99–198, § 101(b)(1), in amending subpar. (A) generally, substituted provisions for a milk production termination program for the 18-month period beginning Apr. 1, 1986, for provisions for a milk diversion program under which Secretary had to offer to enter into a contract, at any time up to Feb. 1, 1984, with any producer of milk in the United States to reduce the quantity of commercially marketed milk during the 15-month period beginning Jan. 1, 1984.

    Enacted provision · exact public law section
    (1) striking out subparagraphs (A) through (G), and inserting in lieu thereof the following: “(A) (i) The Secretary shall establish and carry out under this paragraph a milk production termination program for the 18-month period beginning April 1, 1986. “(ii) Under the milk production termination program required Contracts. under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a contract with the producer for the purpose of terminating the production of milk by the producer in return for a payment to be made by the Secretary. “(iii) For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall— “(I) as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and “(II) by regulation specify marketing procedures to Regulation. ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such procedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that maintains historical seasonal marketing patterns. During such 18-month period, the Secretary snail limit the total number of dairy cattle marketed for slaughter under the program in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year. “(iv) Each contract made under this subparagraph shall provide that— “(I) the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest; “(II) during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the producer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such subclause unless the Secretary shall by regulation otherwise permit; and “(III) if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple interest payable at a rate prescribed by the Secretary, which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date payment is first received under such contract. “(v) Any producer of milk who seeks to enter into a contract for payments under this paragraph shall provide the Secretary with (I) evidence of such producer’s marketing history; (II) the size and composition of the producer’s dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer’s dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate. “(vi) Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending March 31, 1986, shall be eligible to enter into a contract for payments under this subparagraph. “(vii) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer. “(B) The Secretary may establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products. “(C) In setting the terms and conditions of any milk diversion or milk production termination under this paragraph and of each contract made under this subparagraph, the Secretary shall take into account any adverse effect or such program or contracts on beef, pork, and poultry producers in the United States and shall take all feasible steps to Minimize such effect. “(D) A producer who commenced marketing milk after Contracts. December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer’s entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term ‘member of the family of the producer’ means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant.”;

37. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(1) · 99 Stat. 1354

    1. Changed · 7 U.S.C. § 1446(d)(3)(B)

       Pub. L. 99–198, § 101(b)(1), in amending subpar. (B) generally

    2. Substituted · 7 U.S.C. § 1446(d)(3)(B)

       Pub. L. 99–198, § 101(b)(1), in substituted provisions authorizing Secretary to establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989 and 1990 for provisions which had enumerated the requirements for contracts between Secretary and any domestic producer of milk to reduce the quantity of commercially marketed milk during the 15-month period beginning Jan. 1, 1984

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B). Pub. L. 99–198, § 101(b)(1), in amending subpar. (B) generally, substituted provisions authorizing Secretary to establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989 and 1990 for provisions which had enumerated the requirements for contracts between Secretary and any domestic producer of milk to reduce the quantity of commercially marketed milk during the 15-month period beginning Jan. 1, 1984.

    Enacted provision · exact public law section
    (1) striking out subparagraphs (A) through (G), and inserting in lieu thereof the following: “(A) (i) The Secretary shall establish and carry out under this paragraph a milk production termination program for the 18-month period beginning April 1, 1986. “(ii) Under the milk production termination program required Contracts. under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a contract with the producer for the purpose of terminating the production of milk by the producer in return for a payment to be made by the Secretary. “(iii) For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall— “(I) as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and “(II) by regulation specify marketing procedures to Regulation. ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such procedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that maintains historical seasonal marketing patterns. During such 18-month period, the Secretary snail limit the total number of dairy cattle marketed for slaughter under the program in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year. “(iv) Each contract made under this subparagraph shall provide that— “(I) the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest; “(II) during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the producer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such subclause unless the Secretary shall by regulation otherwise permit; and “(III) if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple interest payable at a rate prescribed by the Secretary, which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date payment is first received under such contract. “(v) Any producer of milk who seeks to enter into a contract for payments under this paragraph shall provide the Secretary with (I) evidence of such producer’s marketing history; (II) the size and composition of the producer’s dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer’s dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate. “(vi) Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending March 31, 1986, shall be eligible to enter into a contract for payments under this subparagraph. “(vii) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer. “(B) The Secretary may establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products. “(C) In setting the terms and conditions of any milk diversion or milk production termination under this paragraph and of each contract made under this subparagraph, the Secretary shall take into account any adverse effect or such program or contracts on beef, pork, and poultry producers in the United States and shall take all feasible steps to Minimize such effect. “(D) A producer who commenced marketing milk after Contracts. December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer’s entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term ‘member of the family of the producer’ means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant.”;

38. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(1) · 99 Stat. 1354

    1. Changed · 7 U.S.C. § 1446(d)(3)(C)

       Pub. L. 99–198, § 101(b)(1), in amending subpar. (C) generally

    2. Substituted · 7 U.S.C. § 1446(d)(3)(C)

       Pub. L. 99–198, § 101(b)(1), in substituted provisions requiring Secretary to take into account any adverse effect of any milk diversion or milk production program or contracts on beef, pork and poultry producers in the United States and to take all feasible steps to minimize such effect for provisions requiring Secretary to pay to producers complying with such contracts an amount equal to the product of $10 per hundredweight and the amount, measured in hundredweights, by which the quantity of milk marketed by such producer for commercial use during the period specified in such contract was less than the quantity of milk marketed by such producer for commercial use during the marketing history period

    Source evidence

    Code amendment note
    Subsec. (d)(3)(C). Pub. L. 99–198, § 101(b)(1), in amending subpar. (C) generally, substituted provisions requiring Secretary to take into account any adverse effect of any milk diversion or milk production program or contracts on beef, pork and poultry producers in the United States and to take all feasible steps to minimize such effect for provisions requiring Secretary to pay to producers complying with such contracts an amount equal to the product of $10 per hundredweight and the amount, measured in hundredweights, by which the quantity of milk marketed by such producer for commercial use during the period specified in such contract was less than the quantity of milk marketed by such producer for commercial use during the marketing history period.

    Enacted provision · exact public law section
    (1) striking out subparagraphs (A) through (G), and inserting in lieu thereof the following: “(A) (i) The Secretary shall establish and carry out under this paragraph a milk production termination program for the 18-month period beginning April 1, 1986. “(ii) Under the milk production termination program required Contracts. under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a contract with the producer for the purpose of terminating the production of milk by the producer in return for a payment to be made by the Secretary. “(iii) For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall— “(I) as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and “(II) by regulation specify marketing procedures to Regulation. ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such procedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that maintains historical seasonal marketing patterns. During such 18-month period, the Secretary snail limit the total number of dairy cattle marketed for slaughter under the program in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year. “(iv) Each contract made under this subparagraph shall provide that— “(I) the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest; “(II) during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the producer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such subclause unless the Secretary shall by regulation otherwise permit; and “(III) if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple interest payable at a rate prescribed by the Secretary, which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date payment is first received under such contract. “(v) Any producer of milk who seeks to enter into a contract for payments under this paragraph shall provide the Secretary with (I) evidence of such producer’s marketing history; (II) the size and composition of the producer’s dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer’s dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate. “(vi) Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending March 31, 1986, shall be eligible to enter into a contract for payments under this subparagraph. “(vii) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer. “(B) The Secretary may establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products. “(C) In setting the terms and conditions of any milk diversion or milk production termination under this paragraph and of each contract made under this subparagraph, the Secretary shall take into account any adverse effect or such program or contracts on beef, pork, and poultry producers in the United States and shall take all feasible steps to Minimize such effect. “(D) A producer who commenced marketing milk after Contracts. December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer’s entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term ‘member of the family of the producer’ means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant.”;

39. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(1) · 99 Stat. 1354

    1. Changed · 7 U.S.C. § 1446(d)(3)(D)

       Pub. L. 99–198, § 101(b)(1), in amending subpar. (D) generally

    2. Substituted · 7 U.S.C. § 1446(d)(3)(D)

       Pub. L. 99–198, § 101(b)(1), in substituted provisions establishing eligibility of producers who have acquired their entire milk production facility and dairy herd by gift or inheritance from family member or members for provisions prohibiting payments to producers with respect to whom any reduction in the quantity of milk did not meet specified percentage guidelines

    Source evidence

    Code amendment note
    Subsec. (d)(3)(D). Pub. L. 99–198, § 101(b)(1), in amending subpar. (D) generally, substituted provisions establishing eligibility of producers who have acquired their entire milk production facility and dairy herd by gift or inheritance from family member or members for provisions prohibiting payments to producers with respect to whom any reduction in the quantity of milk did not meet specified percentage guidelines.

    Enacted provision · exact public law section
    (1) striking out subparagraphs (A) through (G), and inserting in lieu thereof the following: “(A) (i) The Secretary shall establish and carry out under this paragraph a milk production termination program for the 18-month period beginning April 1, 1986. “(ii) Under the milk production termination program required Contracts. under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a contract with the producer for the purpose of terminating the production of milk by the producer in return for a payment to be made by the Secretary. “(iii) For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall— “(I) as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and “(II) by regulation specify marketing procedures to Regulation. ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such procedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that maintains historical seasonal marketing patterns. During such 18-month period, the Secretary snail limit the total number of dairy cattle marketed for slaughter under the program in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year. “(iv) Each contract made under this subparagraph shall provide that— “(I) the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest; “(II) during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the producer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such subclause unless the Secretary shall by regulation otherwise permit; and “(III) if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple interest payable at a rate prescribed by the Secretary, which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date payment is first received under such contract. “(v) Any producer of milk who seeks to enter into a contract for payments under this paragraph shall provide the Secretary with (I) evidence of such producer’s marketing history; (II) the size and composition of the producer’s dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer’s dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate. “(vi) Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending March 31, 1986, shall be eligible to enter into a contract for payments under this subparagraph. “(vii) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer. “(B) The Secretary may establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products. “(C) In setting the terms and conditions of any milk diversion or milk production termination under this paragraph and of each contract made under this subparagraph, the Secretary shall take into account any adverse effect or such program or contracts on beef, pork, and poultry producers in the United States and shall take all feasible steps to Minimize such effect. “(D) A producer who commenced marketing milk after Contracts. December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer’s entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term ‘member of the family of the producer’ means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant.”;

40. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(1) · 99 Stat. 1354

    1. Struck · 7 U.S.C. § 1446(d)(3)(E)

       Pub. L. 99–198, § 101(b)(1), (3), struck out subpar. (E) which specified conditions under which Secretary could modify contracts entered into under this paragraph

    2. Redesignated · 7 U.S.C. § 1446(d)(3)(E)

       Pub. L. 99–198, § 101(b)(1), (3), redesignated subpar. (K) as (E)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(E). Pub. L. 99–198, § 101(b)(1), (3), struck out subpar. (E) which specified conditions under which Secretary could modify contracts entered into under this paragraph, and redesignated subpar. (K) as (E).

    Enacted provision · exact public law section
    (1) striking out subparagraphs (A) through (G), and inserting in lieu thereof the following: “(A) (i) The Secretary shall establish and carry out under this paragraph a milk production termination program for the 18-month period beginning April 1, 1986. “(ii) Under the milk production termination program required Contracts. under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a contract with the producer for the purpose of terminating the production of milk by the producer in return for a payment to be made by the Secretary. “(iii) For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall— “(I) as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and “(II) by regulation specify marketing procedures to Regulation. ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such procedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that maintains historical seasonal marketing patterns. During such 18-month period, the Secretary snail limit the total number of dairy cattle marketed for slaughter under the program in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year. “(iv) Each contract made under this subparagraph shall provide that— “(I) the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest; “(II) during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the producer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such subclause unless the Secretary shall by regulation otherwise permit; and “(III) if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple interest payable at a rate prescribed by the Secretary, which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date payment is first received under such contract. “(v) Any producer of milk who seeks to enter into a contract for payments under this paragraph shall provide the Secretary with (I) evidence of such producer’s marketing history; (II) the size and composition of the producer’s dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer’s dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate. “(vi) Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending March 31, 1986, shall be eligible to enter into a contract for payments under this subparagraph. “(vii) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer. “(B) The Secretary may establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products. “(C) In setting the terms and conditions of any milk diversion or milk production termination under this paragraph and of each contract made under this subparagraph, the Secretary shall take into account any adverse effect or such program or contracts on beef, pork, and poultry producers in the United States and shall take all feasible steps to Minimize such effect. “(D) A producer who commenced marketing milk after Contracts. December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer’s entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term ‘member of the family of the producer’ means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant.”;

41. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(1) · 99 Stat. 1354

    Struck · 7 U.S.C. § 1446(d)(3)(F)

    Pub. L. 99–198, § 101(b)(1), struck out subpar. (F) which required domestic producers of milk seeking to enter into contracts for diversion payments to provide Secretary with evidence of such producer’s marketing history, as defined by this subparagraph, which Secretary could adjust to take into account natural disasters or other conditions and factors where necessary

    Source evidence

    Code amendment note
    Subsec. (d)(3)(F). Pub. L. 99–198, § 101(b)(1), struck out subpar. (F) which required domestic producers of milk seeking to enter into contracts for diversion payments to provide Secretary with evidence of such producer’s marketing history, as defined by this subparagraph, which Secretary could adjust to take into account natural disasters or other conditions and factors where necessary.

    Enacted provision · exact public law section
    (1) striking out subparagraphs (A) through (G), and inserting in lieu thereof the following: “(A) (i) The Secretary shall establish and carry out under this paragraph a milk production termination program for the 18-month period beginning April 1, 1986. “(ii) Under the milk production termination program required Contracts. under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a contract with the producer for the purpose of terminating the production of milk by the producer in return for a payment to be made by the Secretary. “(iii) For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall— “(I) as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and “(II) by regulation specify marketing procedures to Regulation. ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such procedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that maintains historical seasonal marketing patterns. During such 18-month period, the Secretary snail limit the total number of dairy cattle marketed for slaughter under the program in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year. “(iv) Each contract made under this subparagraph shall provide that— “(I) the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest; “(II) during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the producer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such subclause unless the Secretary shall by regulation otherwise permit; and “(III) if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple interest payable at a rate prescribed by the Secretary, which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date payment is first received under such contract. “(v) Any producer of milk who seeks to enter into a contract for payments under this paragraph shall provide the Secretary with (I) evidence of such producer’s marketing history; (II) the size and composition of the producer’s dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer’s dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate. “(vi) Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending March 31, 1986, shall be eligible to enter into a contract for payments under this subparagraph. “(vii) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer. “(B) The Secretary may establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products. “(C) In setting the terms and conditions of any milk diversion or milk production termination under this paragraph and of each contract made under this subparagraph, the Secretary shall take into account any adverse effect or such program or contracts on beef, pork, and poultry producers in the United States and shall take all feasible steps to Minimize such effect. “(D) A producer who commenced marketing milk after Contracts. December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer’s entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term ‘member of the family of the producer’ means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant.”;

42. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(1) · 99 Stat. 1354

    Struck · 7 U.S.C. § 1446(d)(3)(G)

    Pub. L. 99–198, § 101(b)(1), struck out subpar. (G) which provided that no marketing history could be assigned to any producer who commenced marketing milk after Dec. 31, 1982, except as provided in subpar. (H)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(G). Pub. L. 99–198, § 101(b)(1), struck out subpar. (G) which provided that no marketing history could be assigned to any producer who commenced marketing milk after Dec. 31, 1982, except as provided in subpar. (H).

    Enacted provision · exact public law section
    (1) striking out subparagraphs (A) through (G), and inserting in lieu thereof the following: “(A) (i) The Secretary shall establish and carry out under this paragraph a milk production termination program for the 18-month period beginning April 1, 1986. “(ii) Under the milk production termination program required Contracts. under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a contract with the producer for the purpose of terminating the production of milk by the producer in return for a payment to be made by the Secretary. “(iii) For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall— “(I) as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and “(II) by regulation specify marketing procedures to Regulation. ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such procedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that maintains historical seasonal marketing patterns. During such 18-month period, the Secretary snail limit the total number of dairy cattle marketed for slaughter under the program in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year. “(iv) Each contract made under this subparagraph shall provide that— “(I) the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest; “(II) during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the producer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such subclause unless the Secretary shall by regulation otherwise permit; and “(III) if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple interest payable at a rate prescribed by the Secretary, which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date payment is first received under such contract. “(v) Any producer of milk who seeks to enter into a contract for payments under this paragraph shall provide the Secretary with (I) evidence of such producer’s marketing history; (II) the size and composition of the producer’s dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer’s dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate. “(vi) Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending March 31, 1986, shall be eligible to enter into a contract for payments under this subparagraph. “(vii) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer. “(B) The Secretary may establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products. “(C) In setting the terms and conditions of any milk diversion or milk production termination under this paragraph and of each contract made under this subparagraph, the Secretary shall take into account any adverse effect or such program or contracts on beef, pork, and poultry producers in the United States and shall take all feasible steps to Minimize such effect. “(D) A producer who commenced marketing milk after Contracts. December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer’s entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term ‘member of the family of the producer’ means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant.”;

43. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(2) · 99 Stat. 1354

    Struck · 7 U.S.C. § 1446(d)(3)(H)

    Pub. L. 99–198, § 101(b)(2), struck out subpar. (H) which provided that a producer’s marketing history could not be transferred to another person unless the producer’s entire milk production facility and dairy herd were transferred by reason of the death of the producer, a gift by the producer, or to a member or members of the family of the producer

    Source evidence

    Code amendment note
    Subsec. (d)(3)(H). Pub. L. 99–198, § 101(b)(2), struck out subpar. (H) which provided that a producer’s marketing history could not be transferred to another person unless the producer’s entire milk production facility and dairy herd were transferred by reason of the death of the producer, a gift by the producer, or to a member or members of the family of the producer.

    Enacted provision · exact public law section
    (2) striking out subparagraphs (H), (I), (J), (L), and (O); and

44. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(2) · 99 Stat. 1354

    Struck · 7 U.S.C. § 1446(d)(3)(I)

    Pub. L. 99–198, § 101(b)(2), struck out subpar. (I) which provided that eligibility for diversion payments would be determined on the basis of the marketing history provided for under subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(I). Pub. L. 99–198, § 101(b)(2), struck out subpar. (I) which provided that eligibility for diversion payments would be determined on the basis of the marketing history provided for under subpar. (F).

    Enacted provision · exact public law section
    (2) striking out subparagraphs (H), (I), (J), (L), and (O); and

45. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(2) · 99 Stat. 1354

    Struck · 7 U.S.C. § 1446(d)(3)(J)

    Pub. L. 99–198, § 101(b)(2), struck out subpar. (J) which provided for quarterly diversion payments to eligible producers who were able to demonstrate compliance with terms of contract with Secretary for reduction in commercial marketing of milk

    Source evidence

    Code amendment note
    Subsec. (d)(3)(J). Pub. L. 99–198, § 101(b)(2), struck out subpar. (J) which provided for quarterly diversion payments to eligible producers who were able to demonstrate compliance with terms of contract with Secretary for reduction in commercial marketing of milk.

    Enacted provision · exact public law section
    (2) striking out subparagraphs (H), (I), (J), (L), and (O); and

46. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(3) · 99 Stat. 1354

    Redesignated · 7 U.S.C. § 1446(d)(3)(K)

    Pub. L. 99–198, § 101(b)(3), redesignated subpar. (K) as (E)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(K). Pub. L. 99–198, § 101(b)(3), redesignated subpar. (K) as (E).

    Enacted provision · exact public law section
    (3) redesignating subparagraph (K) as subparagraph (E).

47. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(2) · 99 Stat. 1354

    Struck · 7 U.S.C. § 1446(d)(3)(L)

    Pub. L. 99–198, § 101(b)(2), struck out subpar. (L) which provided conditions under which a producer could assign a contract entered into under this paragraph

    Source evidence

    Code amendment note
    Subsec. (d)(3)(L). Pub. L. 99–198, § 101(b)(2), struck out subpar. (L) which provided conditions under which a producer could assign a contract entered into under this paragraph.

    Enacted provision · exact public law section
    (2) striking out subparagraphs (H), (I), (J), (L), and (O); and

48. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(b)(2) · 99 Stat. 1354

    Struck · 7 U.S.C. § 1446(d)(3)(O)

    Pub. L. 99–198, § 101(b)(2), struck out subpar. (O) which authorized Secretary to adjust the producer’s diversion payments to reflect the composition of milk marketed during the marketing history period, in the event of substantial deviation in the composition of milk marketed after that period

    Source evidence

    Code amendment note
    Subsec. (d)(3)(O). Pub. L. 99–198, § 101(b)(2), struck out subpar. (O) which authorized Secretary to adjust the producer’s diversion payments to reflect the composition of milk marketed during the marketing history period, in the event of substantial deviation in the composition of milk marketed after that period.

    Enacted provision · exact public law section
    (2) striking out subparagraphs (H), (I), (J), (L), and (O); and

49. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(c) · 99 Stat. 1354

    1. Amended · 7 U.S.C. § 1446(d)(5)(B)(i)

       Pub. L. 99–198, § 101(c), designated existing provisions as cl. (i)

    2. Struck · 7 U.S.C. § 1446(d)(5)(B)(i)

       Pub. L. 99–198, § 101(c), struck out “(i)” after “Each person”

    3. Substituted · 7 U.S.C. § 1446(d)(5)(B)(i)

       Pub. L. 99–198, § 101(c), substituted “or who fails to remit” for “, (ii) who fails to remit”

    4. Struck · 7 U.S.C. § 1446(d)(5)(B)(i)

       Pub. L. 99–198, § 101(c), struck out “, or (iii) who fails to make the reduction in marketings required by a contract under paragraph (3)” before “shall be liable”

    5. Added · 7 U.S.C. § 1446(d)(5)(B)(i)

       Pub. L. 99–198, § 101(c), added cls. (ii) to (v)

    Source evidence

    Code amendment note
    Subsec. (d)(5)(B)(i). Pub. L. 99–198, § 101(c), designated existing provisions as cl. (i), struck out “(i)” after “Each person”, substituted “or who fails to remit” for “, (ii) who fails to remit”, struck out “, or (iii) who fails to make the reduction in marketings required by a contract under paragraph (3)” before “shall be liable”, and added cls. (ii) to (v).

    Enacted provision · exact public law section
    (c) Paragraph (5)(B) of section 201(d) of the Agricultural Act of Animals. Exports 1949 (7 U.S.C. 1446(d)(5)(B)) is amended by— (1) striking out “(i)”; (2) striking out “, (ii)” and inserting in lieu thereof “or”; (3) striking out “, or (iii)” and all that follows through “paragraph (3)”; (4) redesignating the text thereof as clause (i); (5) adding at the end thereof the following: “(ii) Each person who buys, from a producer with respect to whom Contracts. there is in effect at the time of such sale a contract entered into under paragraph (3), one or more dairy cattle sold for slaughter or export, who knows that such cattle are sold for slaughter or export, and who fails to cause the slaughter or export of such cattle within a reasonable time after receiving such cattle shall be liable for a civil penalty of not more than $5,000 with respect to each of such cattle. “(iii) Each person who retains or acquires an interest in dairy Contracts. cattle or the production of milk in violation of a contract entered into under this paragraph shall be liable, in addition to any amount due under paragraph (3)(A)(iv), to a marketing penalty on the quantity of milk produced during the period in which such ownership is prohibited under the contract. Such penalty shall be computed at the rate or rates of the support price for milk in effect during the period in which the milk production occurred. “(iv) Each person who makes a false statement in a bid submitted under paragraph (3) as to (I) the marketings of milk for commercial use by the producer, or (II) the size or composition of the dairy herd that produced such marketings, or (III) the size or composition of the dairy herd at the time the bid is submitted shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of $5,000 for each head of cattle to which such statement applied. “(v) Each person who makes a false statement as to the number of Contracts. dairy cattle that was sold for slaughter or export under a contract under paragraph (3)(A) shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of not more than $5,000 for each head of cattle to which such statement applied.”.

50. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 101(e) · 99 Stat. 1354

    Added · 7 U.S.C. § 1446(d)(7)

    Pub. L. 99–198, § 101(e), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 99–198, § 101(e), added par. (7).

    Enacted provision · exact public law section
    (e) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) Ante, p. 1362. is amended by adding at the end thereof the following: “(7) The Secretary shall carry out this subsection through the Commodity Credit Corporation.”.

51. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title I § 101(a) · 99 Stat. 1354

    Added · 7 U.S.C. § 1446(i)(k)

    Pub. L. 99–198, §§ 801(2), 901(2), 1008, temporarily added subsecs. (i) to (k). See Effective and Termination Dates of 1985 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (i) to (k). Pub. L. 99–198, §§ 801(2), 901(2), 1008, temporarily added subsecs. (i) to (k). See Effective and Termination Dates of 1985 Amendment note below.

    Enacted provision · exact public law section
    (a) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1) (A) During the period beginning on January 1, 1986, and ending on December 31, 1990, the price of milk shall be supported as provided in this subsection. “(B) During the period beginning on January 1, 1986, and ending on December 31, 1986, the price of milk shall be supported at a rate equal to $11.60 per hundredweight for milk containing 3.67 percent milkfat. “(C) (i) During the period beginning on January 1, 1987, and ending on September 30, 1987, the price of milk shall be supported at a rate equal to $11.35 per hundredweight for milk containing 3.67 percent milkfat. “(ii) Except as provided in subparagraph (D), during the period beginning on October 1, 1987, and ending on December 31, 1990, the price of milk shall be supported at a rate equal to $11.10 per hundredweight for milk containing 3.67 percent milkfat. “(D) (i) Subject to clause (ii), if for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 7 USC 1427. 407 for unrestricted use), as estimated by the Secretary on January 1 of such calendar year, will exceed 5,000,000,000 pounds (milk equivalent), on January 1 of such calendar year, the Secretary shall reduce by 50 cents the rate of price support for milk as in effect on such date. “(ii) The rate of price support for milk may not be reduced under clause (i) unless— “(I) the milk production termination program under paragraph (3) achieved a reduction in the production of milk by participants in the program of at least 12,000,000,000 pounds during the 18 months of the program; or “(II) the Secretary submits to Congress a certification, including a statement of facts in support of the certification of the Secretary, that reasonable contract offers were extended by the Secretary under such program but such offers were not accepted by a sufficient number of producers making reasonable bids for contracts to achieve such a reduction in production. “(E) If for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 407 for unrestricted use), as 7 USC 1427. estimated by the Secretary on January 1 of such calendar year, will not exceed 2,500,000,000 pounds (milk equivalent), the Secretary shall increase by 50 cents the rate of price support for milk in effect on such date. “(F) The price of milk shall be supported through the purchase of milk and the products of milk. “(2) (A) During the period beginning on April 1, 1986, and ending on September 30, 1987, the Secretary snail provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use. “(B) The amount of the reduction under subparagraph (A) in the price received by producers shall be— “(i) the period beginning on April 1, 1986, and ending on December 31, 1986, 40 cents per hundredweight of milk marketed; and “(ii) during the first 9 months of 1987, 25 cents per hundredweight of milk marketed. “(C) The funds represented by the reduction in price, required under subparagraph (A) to be applied to the marketings of milk by a producer, shall be collected and remitted to the Commodity Credit Corporation, at such time and in such manner as prescribed by the Secretary, by each person making payment to a producer for milk purchased from such producer, except that in the case of a producer who markets milk of the producer’s own production directly to consumers, such funds shall be remitted directly to the Corporation by such producer. “(D) The funds remitted to the Corporation under this paragraph shall be considered as included in the payments to a producer of milk for purposes of the minimum price provisions of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.”. 7 USC 674. Animals. Exports.

52. 1986

    Food Security Improvements Act of 1986

    Pub. L. 99–260 § 10(1) · 100 Stat. 45

    Substituted · 7 U.S.C. § 1446(d)(2)(B)

    Pub. L. 99–260, § 10(1), substituted “Except as provided in subparagraph (E), the” for “The”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 99–260, § 10(1), substituted “Except as provided in subparagraph (E), the” for “The”.

    Enacted provision · exact public law section
    (1) in subparagraph (B), by striking out “The” and inserting in lieu thereof “Except as provided in subparagraph (E), the”; and

53. 1986

    Food Security Improvements Act of 1986

    Pub. L. 99–260 § 10(2) · 100 Stat. 45

    Added · 7 U.S.C. § 1446(d)(2)(E)

    Pub. L. 99–260, § 10(2), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(E). Pub. L. 99–260, § 10(2), added subpar. (E).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subparagraph: “(E) (i) In lieu of any reductions in payments made by the Secretary for the purchase of milk and the products of milk under this subsection during the period beginning March 1, 1986, and ending September 30, 1986, required under the order issued by the President on February 1, 1986, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 99 Stat. 1072. 2 USC 902. (Public Law 99–177), the Secretary shall increase the amount of the reduction required under subparagraph (A) during the period beginning April 1, 1986, and ending September 30, 1986, as the sole means of meeting any reductions required under the order in payments made by the Secretary for the purchase of milk and the products of milk under this subsection. “(ii) The aggregate amount of any increased reduction under clause (i) shall be equal, to the extent practicable; to the aggregate amount of the reduction that would otherwise be required under the order referred to in clause (i) in payments made by the Secretary for the purchase of milk andthe products of milk under this subsection during the period beginning March 1, 1986, and ending September 30, 1986, except that the amount of any increased reduction under clause (i) may not exceed 12 cents per hundredweight of milk marketed.”.

54. 1987

    Farm Disaster Assistance Act of 1987

    Pub. L. 100–45 § 15(a)(1) · 101 Stat. 318

    Inserted · 7 U.S.C. § 1446

    Pub. L. 100–45, § 15(a)(1), temporarily inserted “sunflower seeds,” after “soybeans,” in first sentence. See Effective and Termination Dates of 1987 Amendments note below

    Source evidence

    Code amendment note
    Pub. L. 100–45, § 15(a)(1), temporarily inserted “sunflower seeds,” after “soybeans,” in first sentence. See Effective and Termination Dates of 1987 Amendments note below.

    Enacted provision · exact public law section
    (1) in the first sentence, inserting “sunflower seeds,” after “soybeans,”; and

55. 1987

    Farm Disaster Assistance Act of 1987

    Pub. L. 100–45 § 15(a)(2) · 101 Stat. 318

    Added · 7 U.S.C. § 1446(l)

    Pub. L. 100–45, § 15(a)(2), temporarily added subsec. (l). See Effective and Termination Dates of 1987 Amendments note below

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 100–45, § 15(a)(2), temporarily added subsec. (l). See Effective and Termination Dates of 1987 Amendments note below.

    Enacted provision · exact public law section
    (2) adding at the end thereof the following new subsection: “(l) (1) The Secretary may support the price of sunflower seeds Loans. through loans and purchases for each of the 1987 through 1990 crops of sunflowers at such level as the Secretary determines will take into account the historical price relationship between sunflower seeds and soybeans, the prevailing loan level for soybeans, and the historical oil content of sunflower seeds and soybeans, except that the level of loans and purchases may not be less than 8½ cents per pound of sunflower seeds. “(2) (A) The Secretary may permit a producer to repay a loan made under paragraph (1) for a crop at a level that is the lesser of— “(i) the loan level determined for such crop; or “(ii) the prevailing world market price for sunflower seeds, as determined by the Secretary. “(B) If the Secretary permits a producer to repay a loan in accordance with subparagraph (A), the Secretary shall prescribe by regulation— “(i) a formula to define the prevailing world market price for sunflower seeds; and “(ii) a mechanism by which the Secretary shall announce periodically the prevailing world market price for sunflower seeds. “(3) (A) The Secretary may, for each of the 1987 through 1990 crops of sunflowers, make payments available to producers who, although eligible to obtain a loan or purchase agreement under paragraph (1), agree to forgo obtaining such loan or agreement in return for such payments. “(B) A payment under this paragraph shall be computed by multiplying— “(i) the loan payment rate; by “(ii) the quantity of sunflower seeds the producer is eligible to place under loan. “(C) For purposes of this paragraph, the loan payment rate shall not be less than the amount by which the loan level determined for such crop under paragraph (1) exceeds the level at which a loan may be repaid under this subsection. “(D) At the option of the Secretary, payments to a producer under this paragraph shall be made in the form of cash or negotiable certificates redeemable for any agricultural commodity owned by the Commodity Credit Corporation, or any combination thereof. “(4) For purposes of this subsection, the marketing year for sunflower seeds shall be prescribed by the Secretary by regulation. “(5) (A) If price support is to be provided under this subsection for a crop of sunflowers, the Secretary shall make a preliminary announcement of the level of price support for sunflower seeds for the marketing year for such crop not earlier than 30 days before the beginning of the marketing year. The announced level shall be based on the latest information and statistics available at the time of the announcement. “(B) The Secretary shall make a final announcement of such level as soon as complete information and statistics are available on prices for the 5 years preceding the beginning of the marketing year. Such final level of support may not be announced later than 30 days after the beginning of the marketing year with respect to which the announcement is made. The final level of support may not be less than the level of support provided for in the preliminary announcement. “(6) Notwithstanding any other provision of law, the Secretary shall not require participation in any production adjustment program for sunflowers or any other commodity as a condition of eligibility for price support for sunflower seeds.”.

56. 1987

    Pub. L. 100–203 § 1104(c) · 101 Stat. 1330

    Added · 7 U.S.C. § 1446(b)(1)(D)

    Pub. L. 100–203, § 1104(c), temporarily added subpar. (D). See Effective and Termination Dates of 1987 Amendments note below

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 100–203, § 1104(c), temporarily added subpar. (D). See Effective and Termination Dates of 1987 Amendments note below.

    Enacted provision · exact public law section
    (c) Honey.— Effective only for the 1987 through 1990 crops of honey, section 201(b)(l) of such Act (7 U.S.C. 14460(b)(1)) is amended by adding at the end thereof the following new subparagraph: “(D) Notwithstanding the foregoing provisions of this paragraph, effective for each of the 1987 through 1990 crops, the loan and purchase level for honey that would otherwise apply under subparagraphs (B) and (C), without regard to this subparagraph, shall be reduced for loans and purchases made after the date of the enactment of this subparagraph by 2 cents per pound for the 1987 crop, ¾ cents per pound for the 1988 crop, ½ cent per pound for the 1989 crop, and ¼ cent per pound for the 1990 crop.”.

57. 1987

    Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101(k)(tVI)(s638)(1) · 101 Stat. 1329

    Substituted · 7 U.S.C. § 1446(d)(2)(A)

    Pub. L. 100–202, § 101(k) [title VI, § 638(1)], substituted “Beginning after March 31, 1986,” for “During the period beginning on April 1, 1986, and ending on September 30, 1987,”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 100–202, § 101(k) [title VI, § 638(1)], substituted “Beginning after March 31, 1986,” for “During the period beginning on April 1, 1986, and ending on September 30, 1987,”.

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

58. 1987

    Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101(k)(tVI)(s638)(2) · 101 Stat. 1329

    Substituted · 7 U.S.C. § 1446(d)(2)(B)

    Pub. L. 100–202, § 101(k) [title VI, § 638(2)], substituted “subparagraphs (E) and (F)” for “subparagraph (E)”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 100–202, § 101(k) [title VI, § 638(2)], substituted “subparagraphs (E) and (F)” for “subparagraph (E)”.

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

59. 1987

    Pub. L. 100–203 § 1104(d)(1) · 101 Stat. 1330

    Substituted · 7 U.S.C. § 1446(d)(2)(C)

    Pub. L. 100–203, § 1104(d)(1), substituted “this paragraph” for “subparagraph (A)”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(C). Pub. L. 100–203, § 1104(d)(1), substituted “this paragraph” for “subparagraph (A)”.

    Enacted provision · exact public law section
    (1) in subparagraph (C), by striking out “subparagraph (A)” and inserting in lieu thereof “this paragraph”; and

60. 1987

    Pub. L. 100–203 § 1104(d)(2) · 101 Stat. 1330

    Added · 7 U.S.C. § 1446(d)(2)(F)

    Pub. L. 100–203, § 1104(d)(2), added subpar. (F) directing Secretary to provide for reduction of 2½ cents per hundredweight in price received by producers during calendar year 1988

    Source evidence

    Code amendment note
    Subsec. (d)(2)(F). Pub. L. 100–203, § 1104(d)(2), added subpar. (F) directing Secretary to provide for reduction of 2½ cents per hundredweight in price received by producers during calendar year 1988.

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subparagraph:

61. 1987

    Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101(k)(tVI)(s638)(3) · 101 Stat. 1329

    Added · 7 U.S.C. § 1446(d)(2)(F)

    Pub. L. 100–202, § 101(k) [title VI, § 638(3)], added subpar. (F) directing Secretary to provide for reduction under subpar. (A) as the sole means of achieving any reduction in budget outlays in milk price-support system under Presidential budget-cutting orders

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–202, § 101(k) [title VI, § 638(3)], added subpar. (F) directing Secretary to provide for reduction under subpar. (A) as the sole means of achieving any reduction in budget outlays in milk price-support system under Presidential budget-cutting orders.

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

62. 1987

    Pub. L. 100–203 § 1104(e) · 101 Stat. 1330

    Added · 7 U.S.C. § 1446(j)(7)

    Pub. L. 100–203, § 1104(e), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (j)(7). Pub. L. 100–203, § 1104(e), added par. (7).

    Enacted provision · exact public law section
    (e) Sugar.— Section 201(j) of such Act (7 U.S.C. 1446(j)) is amended by adding at the end thereof the following new paragraph: “(7) Notwithstanding any other provision of this section, in the case of each of the 1988 and 1989 crops of sugar beets and sugarcane, the Secretary shall reduce outlays under the program provided for under this subsection by an amount equal to 1.4 percent of the amount of outlays that would otherwise be incurred in the absence of the reduction required by this paragraph.”.

63. 1988

    Disaster Assistance Act of 1988

    Pub. L. 100–387 title I § 102(a) · 102 Stat. 924

    Substituted · 7 U.S.C. § 1446(d)(1)(D)

    Pub. L. 100–387 substituted “if for each of the calendar years 1988 and 1990” for “if for any of the calendar years 1988, 1989, and 1990”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(D). Pub. L. 100–387 substituted “if for each of the calendar years 1988 and 1990” for “if for any of the calendar years 1988, 1989, and 1990”.

    Enacted provision · exact public law section
    (a) Fiscal Year 1989 Generally.— Section 201(d)(1)(D) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)(1)(D)) is amended by striking out “if for any of the calendar years 1988, 1989, and 1990” and inserting in lieu thereof “if for each of the calendar years 1988 and 1990”.

64. 1989

    Agricultural Reconciliation Act of 1989

    Pub. L. 101–239 § 1007(1) · 103 Stat. 2106

    1. Inserted · 7 U.S.C. § 1446(d)(1)(C)(ii); 7 U.S.C. § 1446(d)(1)(C)(iii)

       Pub. L. 101–239, § 1007(1), temporarily inserted in cl. (ii) “clause (iii) and” after “Except as provided in”

    2. Added · 7 U.S.C. § 1446(d)(1)(C)(ii); 7 U.S.C. § 1446(d)(1)(C)(iii)

       Pub. L. 101–239, § 1007(1), temporarily added cl. (iii). See Effective and Termination Dates of 1989 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d)(1)(C)(ii), (iii). Pub. L. 101–239, § 1007(1), temporarily inserted in cl. (ii) “clause (iii) and” after “Except as provided in” and added cl. (iii). See Effective and Termination Dates of 1989 Amendment note below.

    Enacted provision · exact public law section
    (1) in subparagraph (C)— (A) in clause (ii), by inserting after “Except as provided in” the following: “clause (iii) and”; and (B) by adding at the end the following new clause: “(iii) In carrying out this paragraph during calendar year 1990, the Secretary shall offer to purchase butter for not more than $1.10 per pound, except that the Secretary may allocate the rate of price support between the purchase prices for nonfat dry milk and butter in such other manner as the Secretary determines will result in the lowest level of expenditures by the Commodity Credit Corporation and shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of such determination.”; and

65. 1989

    Agricultural Reconciliation Act of 1989

    Pub. L. 101–239 § 1007(2) · 103 Stat. 2106

    1. Substituted · 7 U.S.C. § 1446(d)(1)(D)(i)

       Pub. L. 101–239, § 1007(2), temporarily substituted “calendar year 1990” for “each of the calendar years 1988 and 1990” . See Effective and Termination Dates of 1989 Amendment note below

    2. Substituted · 7 U.S.C. § 1446(d)(1)(D)(i)

       Pub. L. 101–239, § 1007(2), temporarily substituted “may reduce by not more than” for “shall reduce by” . See Effective and Termination Dates of 1989 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d)(1)(D)(i). Pub. L. 101–239, § 1007(2), temporarily substituted “calendar year 1990” for “each of the calendar years 1988 and 1990” and “may reduce by not more than” for “shall reduce by”. See Effective and Termination Dates of 1989 Amendment note below.

    Enacted provision · exact public law section
    (2) in subparagraph (D)(i)— (A) by striking “each of the calendar years 1988 and 1990” and inserting “calendar year 1990”; and (B) by striking “shall reduce by” and inserting “may reduce by not more than”.

66. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 title VII § 701(1) · 104 Stat. 3359

    1. Amended · 7 U.S.C. § 1446(a)

       Pub. L. 101–624, §§ 701(1), 901(1), 1161(b)(1), designated opening paragraph as subsec. (a)

    2. Substituted · 7 U.S.C. § 1446(a)

       Pub. L. 101–624, §§ 701(1), 901(1), 1161(b)(1), substituted “oilseeds (including soybeans, sunflower seed, canola, rapeseed, safflower, flaxseed, mustard seed, and such other oilseeds as the Secretary may determine),” for “tung nuts,”

    3. Substituted · 7 U.S.C. § 1446(a)

       Pub. L. 101–624, §§ 701(1), 901(1), 1161(b)(1), substituted “honey, milk, sugar beets, and sugarcane” for “honey, and milk”

    4. Substituted · 7 U.S.C. § 1446(a)

       Pub. L. 101–624, §§ 701(1), 901(1), 1161(b)(1), substituted “in accordance with this subchapter.” for “as follows:”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–624, §§ 701(1), 901(1), 1161(b)(1), designated opening paragraph as subsec. (a) and substituted “oilseeds (including soybeans, sunflower seed, canola, rapeseed, safflower, flaxseed, mustard seed, and such other oilseeds as the Secretary may determine),” for “tung nuts,”, “honey, milk, sugar beets, and sugarcane” for “honey, and milk”, and “in accordance with this subchapter.” for “as follows:”.

    Enacted provision · exact public law section
    (1) in the matter preceding subsection (a) of section 201 (7 U.S.C. 1446), by striking “tung nuts,” and inserting the following: “oilseeds (including soybeans, sunflower seed, canola, rapeseed, safflower, flaxseed, mustard seed, and such other oilseeds as the Secretary may determine),”; and

    Effective date note
    Amendment by sections 701(1), 901(1), and 1161(b) of 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 an Effective Date of 1990 Amendment note under section 1421 of this title. Pub. L. 101–624, title XXII, § 2236(a), Nov. 28, 1990, 104 Stat. 3961, provided that the amendment made by section 2236(a) is effective only for the 1990 crop of sugarcane.

67. 1990

    Options Pilot Program Act of 1990

    Pub. L. 101–624 § 1161(b)(2) · 104 Stat. 3359

    1. Redesignated · 7 U.S.C. § 1446(b); 7 U.S.C. § 1446(c)

       Pub. L. 101–624, § 1161(b)(2), (3), redesignated subsec. (c) as (b)

    2. Substituted · 7 U.S.C. § 1446(b); 7 U.S.C. § 1446(c)

       Pub. L. 101–624, § 1161(b)(2), (3), substituted reference to section 1446e of this title for reference to subsection (d) of this section

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 101–624, § 1161(b)(2), (3), redesignated subsec. (c) as (b) and substituted reference to section 1446e of this title for reference to subsection (d) of this section.

    Enacted provision · exact public law section
    (2) in subsection (c), by striking “subsection (d)” and inserting “section 204”; and

    Effective date note
    Amendment by sections 701(1), 901(1), and 1161(b) of 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 an Effective Date of 1990 Amendment note under section 1421 of this title. Pub. L. 101–624, title XXII, § 2236(a), Nov. 28, 1990, 104 Stat. 3961, provided that the amendment made by section 2236(a) is effective only for the 1990 crop of sugarcane.

68. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 2236(a) · 104 Stat. 3359

    1. Amended · 7 U.S.C. § 1446(k)(2)

       Pub. L. 101–624, § 2236(a), temporarily designated existing text as subpar. (A)

    2. Added · 7 U.S.C. § 1446(k)(2)

       Pub. L. 101–624, § 2236(a), temporarily added subpar. (B). See Effective and Termination Dates of 1990 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (k)(2). Pub. L. 101–624, § 2236(a), temporarily designated existing text as subpar. (A) and added subpar. (B). See Effective and Termination Dates of 1990 Amendment note below.

    Enacted provision · exact public law section
    (a) 1990 Crop.— Effective only for the 1990 crop of sugarcane, section 201(k)(2) of the Agricultural Act of 1949 (7 U.S.C. 1446(k)(2)) is amended— (1) by inserting “(A)” after the paragraph designation; and (2) by adding at the end the following paragraph: “(B) (i) If, because of frost, freeze, or related condition in 1989 Louisiana. constituting a major disaster or emergency declared by the President in the State of Louisiana under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the total quantity of the 1990 crop of sugarcane that the producers are able to harvest on any farm is less than— “(I) 60 percent of the county average yield, as determined by the Secretary, for the crop, multiplied by “(II) the acreage planted for harvest to the crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 50 percent of the loan level for the crop for the deficiency in production greater than 60 percent for the crop. “(ii) The Secretary shall ensure that no producer receives duplicative payments under this subparagraph. “(iii) Any benefits or assistance provided for under this section shall be provided only to the extent provided for in advance Appropriation authorization. in appropriations Acts. There are authorized to be appropriated such sums as may be necessary to carry out this subparagraph.”.

    Effective date note
    Amendment by sections 701(1), 901(1), and 1161(b) of 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 an Effective Date of 1990 Amendment note under section 1421 of this title. Pub. L. 101–624, title XXII, § 2236(a), Nov. 28, 1990, 104 Stat. 3961, provided that the amendment made by section 2236(a) is effective only for the 1990 crop of sugarcane.

69. 1991

    Pub. L. 102–237 title I § 113(8) · 105 Stat. 1818

    Redesignated · 7 U.S.C. § 1446(b); 7 U.S.C. § 1446(c)

    Pub. L. 102–237 redesignated subsec. (b), relating to price supports for milk, as (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 102–237 redesignated subsec. (b), relating to price supports for milk, as (c).

    Enacted provision · exact public law section
    (8) in section 201 (7 U.S.C. 1446), by redesignating subsection (b) (as amended by section 1161(b)(3) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3521)) as subsection (c);

79 of 93 references resolved to an enrolled provision · 7 partial · 7 unresolved