§ 4551. Indemnity payments to dairy farmers and manufacturers of dairy products; milk removed for its residue of chemical or toxic substances; nuclear radiation or fallout contaminants; other legal recourse

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. 1968

   Pub. L. 90–484 § 1 · 82 Stat. 750

   Enacted · 7 U.S.C. § 4551

   Pub. L. 90–484, § 1, Aug. 13, 1968, 82 Stat. 750

   Source evidence

   Code source credit
   Pub. L. 90–484, § 1, Aug. 13, 1968, 82 Stat. 750

2. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 title II § 204(b) · 84 Stat. 1358

   1. Inserted · 7 U.S.C. § 4551

      Pub. L. 91–524 inserted “and manufacturers of dairy products who have been directed since November 30, 1970, to remove their dairy products,” after “milk”, in first sentence

   2. Substituted · 7 U.S.C. § 4551

      Pub. L. 91–524 substituted “Any indemnity payment to any farmer shall continue” for “Such indemnity payments shall continue to each dairy farmer” in second sentence

   Source evidence

   Code amendment note
   Pub. L. 91–524 inserted “and manufacturers of dairy products who have been directed since November 30, 1970, to remove their dairy products,” after “milk”, in first sentence, and substituted “Any indemnity payment to any farmer shall continue” for “Such indemnity payments shall continue to each dairy farmer” in second sentence.

   Enacted provision · exact public law section
   (b) The first sentence of section 1 of said Act is amended by inserting, “and manufacturers of dairy products who have been directed since the date of enactment of the Agricultural Act of 1970 to remove their dairy products,” after “milk”, and the second sentence is revised to read: “Any indemnity payment to any farmer shall continue until he has been reinstated and is again allowed to dispose of his milk on commercial markets.”.

3. 1973

   Agriculture and Consumer Protection Act of 1973

   Pub. L. 93–86 § 1(5)(B) · 87 Stat. 221

   1. Inserted · 7 U.S.C. § 4551

      Pub. L. 93–86 inserted “for milk or cows producing such milk” after “The Secretary of Agriculture is authorized to make indemnity payments” and “(but only since August 10, 1973, in the case of indemnity payments not authorized prior to August 10, 1973)” after “January 1, 1964”

   2. Substituted · 7 U.S.C. § 4551

      Pub. L. 93–86 substituted “, and to make indemnity payments for dairy products at fair market value to” for “and” before “residues of chemicals”

   3. Substituted · 7 U.S.C. § 4551

      Pub. L. 93–86 substituted “of” for “it contained” before “residues of chemicals”

   Source evidence

   Code amendment note
   Pub. L. 93–86 inserted “for milk or cows producing such milk” after “The Secretary of Agriculture is authorized to make indemnity payments” and “(but only since August 10, 1973, in the case of indemnity payments not authorized prior to August 10, 1973)” after “January 1, 1964” and substituted “, and to make indemnity payments for dairy products at fair market value to” for “and” after “remove their milk” and “of” for “it contained” before “residues of chemicals”.

   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.”

4. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 title II § 205(1) · 91 Stat. 913

   Inserted · 7 U.S.C. § 4551

   Pub. L. 95–113 authorized indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commercial markets because of the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer, or because of residues of chemicals or toxic substances not included under the first sentence of this section if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the contamination is not due to the fault of the farmer, and inserted provision that no indemnity payment may be made for contamination resulting from residues of chemicals or toxic substances if the Secretary determines within thirty days after the date of application for payment that other legal recourse is available to the farmer

   Source evidence

   Code amendment note
   Pub. L. 95–113 authorized indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commercial markets because of the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer, or because of residues of chemicals or toxic substances not included under the first sentence of this section if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the contamination is not due to the fault of the farmer, and inserted provision that no indemnity payment may be made for contamination resulting from residues of chemicals or toxic substances if the Secretary determines within thirty days after the date of application for payment that other legal recourse is available to the farmer.

   Enacted provision · exact public law section
   (1) inserting after the first sentence a new sentence as follows: “The Secretary is also authorized to make indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commercial markets because of (1) the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer, or (2) residues of chemicals or toxic substances not included under the first sentence of this section if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the contamination is not due to the fault of the farmer: Provided, That no indemnity payment may be made for contamination resulting from such residues of chemicals or toxic substances if the Secretary determines within thirty days after the date of application for payment that other legal recourse is available to the farmer.”; and

   Effective date note
   Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

6 of 7 references resolved to an enrolled provision · 1 partial