§ 1425a. — Producers of honey; loan obligations and liabilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1425a]
TITLE 7--AGRICULTURE
CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1425a. Producers of honey; loan obligations and liabilities
(a) Loan forfeiture limitation
A producer of honey may satisfy the producer's obligation to repay a
loan, or a portion of a loan, made to the producer under section 1446h
\1\ of this title by forfeiting the collateral for the loan, or portion
of the loan, only if the value of the collateral forfeited, when taken
together with the value of the collateral forfeited on any other loan or
loans of the person for such crop of honey under section 1446h \1\ of
this title, does not exceed $200,000 in the 1991 crop year, $175,000 in
the 1992 crop year, $150,000 in the 1993 crop year, and $125,000 in each
of the 1994 and subsequent crop years: Provided, however, That the loan
forfeiture limitation provided by this section shall not be applicable
for any crop year for which the Secretary does not permit producers of
honey to repay the price support loans at a level determined under
section 1446h(b)(2) \1\ of this title.
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\1\ See References in Text note below.
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(b) Liability for nonforfeitable part of obligation
The producer of honey shall be personally liable for the repayment
of a loan or loans made to the producer under the program for the crop
of honey involved, with respect to that portion of the loan or loans for
which satisfaction of the loan by forfeiture, as provided in subsection
(a) of this section, is prohibited.
(c) Extent of personal liability
The loan contracts of the Commodity Credit Corporation entered into
with producers of honey shall clearly indicate the extent to which a
producer of honey may be personally liable for repayment of a loan under
this section.
(d) Promulgation of regulations
The Commodity Credit Corporation may issue such regulations as the
Corporation deems necessary to carry out this section. The regulations
shall provide for the attribution of the value of collateral forfeited
on loans described in subsection (a) of this section.
(Oct. 31, 1949, ch. 792, title IV, Sec. 405A, as added Pub. L. 100-460,
title VI, Sec. 634(b), Oct. 1, 1988, 102 Stat. 2263; amended Pub. L.
101-624, title X, Sec. 1002, title XI, Sec. 1161(d), Nov. 28, 1990, 104
Stat. 3490, 3521.)
References in Text
Section 1446h of this title, referred to in subsec. (a), was
repealed by Pub. L. 104-127, title I, Sec. 171(b)(2)(H), Apr. 4, 1996,
110 Stat. 938.
Amendments
1990--Subsec. (a). Pub. L. 101-624, Sec. 1161(d), substituted
references to sections 1446h and 1446h(b)(2) of this title for
references to sections 1446(b) and 1446(b)(2)(B) of this title,
respectively.
Pub. L. 101-624, Sec. 1002(1), substituted ``person for such crop of
honey under section 1446h of this title, does not exceed $200,000 in the
1991 crop year, $175,000 in the 1992 crop year, $150,000 in the 1993
crop year, and $125,000 in each of the 1994 and subsequent crop years''
for ``producer for such crop of honey under section 1446(b) of this
title, does not exceed $250,000''.
Subsec. (d). Pub. L. 101-624, Sec. 1002(2), inserted provisions
requiring that the regulations issued pursuant to this subsection
provide for the attribution of the value of collateral forfeited on
loans described in subsec. (a).
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Inapplicability of Section
Section inapplicable to 2002 through 2007 crops of covered
commodities, peanuts, and sugar and inapplicable to milk during period
beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10)
of this title.
Section inapplicable to 1996 through 2002 crops of loan commodities,
peanuts, and sugar and inapplicable to milk during period beginning Apr.
4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this
title.
Prohibition on Use of Funds for Honey Payments or Loan Forfeitures
Pub. L. 104-37, title VII, Sec. 718, Oct. 21, 1995, 109 Stat. 331,
provided that none of the funds appropriated or otherwise made available
by Pub. L. 104-37 were to be used by the Secretary of Agriculture to
provide total amount of payments and/or total amount of loan forfeitures
to a person to support the price of honey under this section or former
section 1446h of this title in excess of zero dollars in the 1994, 1995,
and 1996 crop years.
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 103-330, title VII, Sec. 723, Sept. 30, 1994, 108 Stat.
2469.
Pub. L. 103-111, title VII, Sec. 728, Oct. 21, 1993, 107 Stat. 1081.
Section Referred to in Other Sections
This section is referred to in section 1425 of this title.
