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Title 7 — Agriculture

Chapter 100 — Agricultural Market Transition

§ 7284. Personal liability of producers for deficiencies

Statutory text

(a)

In general

Except as provided in subsection (b), no producer shall be personally liable for any deficiency arising from the sale of the collateral securing any nonrecourse loan made under this chapter 1 title I of the Farm Security and Rural Investment Act of 2002 [7 U.S.C. 7901 et seq.], title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.], and title I of the Agricultural Act of 2014 [7 U.S.C. 9001 et seq.] unless the loan was obtained through a fraudulent representation by the producer.

(b)

Limitations

Subsection (a) shall not prevent the Commodity Credit Corporation or the Secretary from requiring a producer to assume liability for—

(1)

a deficiency in the grade, quality, or quantity of a commodity stored on a farm or delivered by the producer;

(2)

a failure to properly care for and preserve a commodity; or

(3)

a failure or refusal to deliver a commodity in accordance with a program established under this chapter 1 title I of the Farm Security and Rural Investment Act of 2002 [7 U.S.C. 7901 et seq.], title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.], and title I of the Agricultural Act of 2014 [7 U.S.C. 9001 et seq.].

(c)

Acquisition of collateral

In the case of a nonrecourse loan made under this chapter 1 title I of the Farm Security and Rural Investment Act of 2002 [7 U.S.C. 7901 et seq.], title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.], and title I of the Agricultural Act of 2014 [7 U.S.C. 9001 et seq.] or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), if the Commodity Credit Corporation acquires title to the unredeemed collateral, the Corporation shall be under no obligation to pay for any market value that the collateral may have in excess of the loan indebtedness.

(d)

Sugarcane and sugar beets

A security interest obtained by the Commodity Credit Corporation as a result of the execution of a security agreement by the processor of sugarcane or sugar beets shall be superior to all statutory and common law liens on raw cane sugar and refined beet sugar in favor of the producers of sugarcane and sugar beets and all prior recorded and unrecorded liens on the crops of sugarcane and sugar beets from which the sugar was derived.

Footnotes

  1. 1 So in original. Probably should be followed by a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Agricultural Market Transition Act

    Pub. L. 104–127 title I § 164 · 110 Stat. 888

    Enacted · 7 U.S.C. § 7284

    Pub. L. 104–127, title I, § 164, Apr. 4, 1996, 110 Stat. 935

    Source evidence

    Code source credit
    Pub. L. 104–127, title I, § 164, Apr. 4, 1996, 110 Stat. 935

    Enacted provision · exact public law section
    SEC. 164. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES. (a) In General.— Except as provided in subsection (b), no producer shall be personally liable for any deficiency arising from the sale of the collateral securing any nonrecourse loan made under this title unless the loan was obtained through a fraudulent representation by the producer. (b) Limitations.— Subsection (a) shall not prevent the Commodity Credit Corporation or the Secretary from requiring a producer to assume liability for— (1) a deficiency in the grade, quality, or quantity of a commodity stored on a farm or delivered by the producer; (2) a failure to properly care for and preserve a commodity; or (3) a failure or refusal to deliver a commodity in accordance with a program established under this title. (c) Acquisition of Collateral.— In the case of a nonrecourse loan made under this title or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), if the Commodity Credit Corporation acquires title to the unredeemed collateral, the Corporation shall be under no obligation to pay for any market value that the collateral may have in excess of the loan indebtedness. (d) Sugarcane and Sugar Beets.— A security interest obtained by the Commodity Credit Corporation as a result of the execution of a security agreement by the processor of sugarcane or sugar beets shall be superior to all statutory and common law liens on raw cane sugar and refined beet sugar in favor of the producers of sugarcane and sugar beets and all prior recorded and unrecorded liens on the crops of sugarcane and sugar beets from which the sugar was derived.

  2. Pub. L. 107–171 title I § 1607 · 116 Stat. 134

    Substituted · 7 U.S.C. § 7284(a); 7 U.S.C. § 7284(b)(3); 7 U.S.C. § 7284(c)

    Pub. L. 107–171 substituted “this chapter and title I of the Farm Security and Rural Investment Act of 2002” for “this chapter”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(3), (c). Pub. L. 107–171 substituted “this chapter and title I of the Farm Security and Rural Investment Act of 2002” for “this chapter”.

    Enacted provision · exact public law section
    SEC. 1607. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES. Section 164 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7284) is amended by striking “this title” each places it appears and inserting “this title and title I of the Farm Security and Rural Investment Act of 2002”.

  3. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 1606 · 122 Stat. 1651

    Substituted · 7 U.S.C. § 7284(a); 7 U.S.C. § 7284(b)(3); 7 U.S.C. § 7284(c)

    Pub. L. 110–246, § 1606, substituted “title I of the Farm Security and Rural Investment Act of 2002, and title I of the Food, Conservation, and Energy Act of 2008” for “and title I of the Farm Security and Rural Investment Act of 2002”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(3), (c). Pub. L. 110–246, § 1606, substituted “title I of the Farm Security and Rural Investment Act of 2002, and title I of the Food, Conservation, and Energy Act of 2008” for “and title I of the Farm Security and Rural Investment Act of 2002”.

    Enacted provision · exact public law section
    SEC. 1606. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.   Section 164 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7284) is amended by striking “and title I of the Farm Security and Rural Investment Act of 2002” each place it appears and inserting “title I of the Farm Security and Rural Investment Act of 2002, and title I of the Food, Conservation, and Energy Act of 2008”.

    Effective date note
    Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

  4. Agricultural Act of 2014

    Pub. L. 113–79 title I § 1607 · 128 Stat. 649

    Substituted · 7 U.S.C. § 7284(a); 7 U.S.C. § 7284(b)(3); 7 U.S.C. § 7284(c)

    Pub. L. 113–79 substituted “title I of the Food, Conservation, and Energy Act of 2008, and title I of the Agricultural Act of 2014” for “and title I of the Food, Conservation, and Energy Act of 2008”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(3), (c). Pub. L. 113–79 substituted “title I of the Food, Conservation, and Energy Act of 2008, and title I of the Agricultural Act of 2014” for “and title I of the Food, Conservation, and Energy Act of 2008”.

    Enacted provision · exact public law section
    SEC. 1607. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.   Section 164 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7284) is amended by striking “and title I of the Food, Conservation, and Energy Act of 2008” each place it appears and inserting “title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.), and title I of the Agricultural Act of 2014”.

4 of 4 references resolved to an enrolled provision

Editorial Notes

References in Text

For definition of “this chapter”, referred to in text, see note set out under section 7201 of this title.

The Farm Security and Rural Investment Act of 2002, referred to in subsecs. (a), (b)(3), and (c), is Pub. L. 107–171, , 116 Stat. 134. Title I of the Act is classified principally to chapter 106 (§ 7901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note under section 7901 of this title and Tables.

The Food, Conservation, and Energy Act of 2008, referred to in subsecs. (a), (b)(3), and (c), is Pub. L. 110–246, , 122 Stat. 1651. Title I of the Act is classified principally to chapter 113 (§ 8701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of this title and Tables.

The Agricultural Act of 2014, referred to in subsecs. (a), (b)(3), and (c), is Pub. L. 113–79, , 128 Stat. 649. Title I of the Act is classified principally to chapter 115 (§ 9001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of this title and Tables.

The Commodity Credit Corporation Charter Act, referred to in subsec. (c), is act June 29, 1948, ch. 704, 62 Stat. 1070, which is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of title 15 and Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments2002–2014 · 3 rounds

2014

Subsecs. (a), (b)(3), (c). Pub. L. 113–79 substituted “title I of the Food, Conservation, and Energy Act of 2008, and title I of the Agricultural Act of 2014” for “and title I of the Food, Conservation, and Energy Act of 2008”.

2008

Subsecs. (a), (b)(3), (c). Pub. L. 110–246, § 1606, substituted “title I of the Farm Security and Rural Investment Act of 2002, and title I of the Food, Conservation, and Energy Act of 2008” for “and title I of the Farm Security and Rural Investment Act of 2002”.

2002

Subsecs. (a), (b)(3), (c). Pub. L. 107–171 substituted “this chapter and title I of the Farm Security and Rural Investment Act of 2002” for “this chapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Credits

1996–2014 · 5 acts
  1. 1996Pub. L. 104–127, title I, § 164, , 110 Stat. 935
  2. 2002Pub. L. 107–171, title I, § 1607, , 116 Stat. 218
  3. 2008Pub. L. 110–234, title I, § 1606, , 122 Stat. 1017
  4. 2008Pub. L. 110–246, § 4(a), title I, § 1606, , 122 Stat. 1664, 1746
  5. 2014Pub. L. 113–79, title I, § 1607, , 128 Stat. 708.
Show as published

(Pub. L. 104–127, title I, § 164, , 110 Stat. 935; Pub. L. 107–171, title I, § 1607, , 116 Stat. 218; Pub. L. 110–234, title I, § 1606, , 122 Stat. 1017; Pub. L. 110–246, § 4(a), title I, § 1606, , 122 Stat. 1664, 1746; Pub. L. 113–79, title I, § 1607, , 128 Stat. 708.)

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