§ 1428. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1428]
TITLE 7--AGRICULTURE
CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1428. Definitions
For the purposes of this Act--
(a) A commodity shall be considered storable upon determination by
the Secretary that, in normal trade practice, it is stored for
substantial periods of time and that it can be stored under the price-
support program without excessive loss through deterioration or spoilage
or without excessive cost for storage for such periods as will permit
its disposition without substantial impairment of the effectiveness of
the price-support program.
(b) A ``cooperator'' with respect to any basic agricultural
commodity shall be a producer on whose farm the acreage planted to the
commodity does not exceed the farm acreage allotment for the commodity
under subchapter II of chapter 35 of this title, or in the case of price
support for corn or wheat to a producer outside the commercial corn-
producing or wheat-producing area, a producer who complies with
conditions of eligibility prescribed by the Secretary: Provided, That
for upland cotton a cooperator shall be a producer on whose farm the
acreage planted to such cotton does not exceed the cooperator
percentage, which shall be in the case of the 1966 crop, 87.5 per centum
of such farm acreage allotment and, in the case of each of the 1967
through 1970 crops, such percentage, not less than 87.5 or more than 100
per centum, of such farm acreage allotment as the Secretary may specify
for such crop, except that in the case of small farms (i.e. farms on
which the acreage allotment is 10 acres or less, or on which the
projected farm yield times the acreage allotment is 3,600 pounds or
less, and the acreage allotment has not been reduced under section
1344(m) of this title) the acreage of cotton on the farm shall not be
required to be reduced below the farm acreage allotment: And provided,
That for the 1971 through 1977 crops of upland cotton a cooperator shall
be a producer on a farm on which a farm base acreage allotment has been
established who has set aside the acreage required under section 1444(e)
of this title: Provided further, That for the 1976 through 1981 crops of
rice, a cooperator shall be a person who produces rice on a farm for
which a farm acreage allotment has been established or to which a
producer acreage allotment has been allocated and, if a set-aside is in
effect, who has set aside any acreage required under section 1441(g) of
this title. Provided further, That for the 1978 through 1981 crops of
upland cotton, a cooperator shall be a producer on a farm who has set
aside the acreage required under section 1444(f) of this title. For the
purpose of this subsection, a producer shall not be deemed to have
exceeded his farm acreage allotment unless such producer knowingly
exceeded such allotment.
(c) A ``basic agricultural commodity'' shall mean corn, cotton,
rice, tobacco, and wheat, respectively.
(d) A ``nonbasic agricultural commodity'' shall mean any
agricultural commodity other than a basic agricultural commodity.
(e) The ``supply percentage'' as to any commodity shall be the
percentage which the estimated total supply is of the normal supply as
determined by the Secretary from the latest available statistics of the
Department of Agriculture as of the beginning of the marketing year for
the commodity.
(f) ``Total supply'' of any nonbasic agricultural commodity for any
marketing year shall be the carry-over at the beginning of such
marketing year, plus the estimated production of the commodity in the
United States during the calendar year in which such marketing year
begins and the estimated imports of the commodity into the United States
during such marketing year.
(g) ``Carry-over'' of any nonbasic agricultural commodity for any
marketing year shall be the quantity of the commodity on hand in the
United States at the beginning of such marketing year, not including any
part of the crop or production of such commodity which was produced in
the United States during the calendar year then current. The carryover
of any such commodity may also include the quantity of such commodity in
processed form on hand in the United States at the beginning of such
marketing year, if the Secretary determines that the inclusion of such
processed quantity of the commodity is necessary to effectuate the
purposes of this Act.
(h) ``Normal supply'' of any nonbasic agricultural commodity for any
marketing year shall be (1) the estimated domestic consumption of the
commodity for the marketing year for which such normal supply is being
determined, plus (2) the estimated exports of the commodity for such
marketing year, plus (3) an allowance for carry-over. The allowance for
carry-over shall be the average carry-over of the commodity for the five
marketing years immediately preceding the marketing year in which such
normal supply is determined, adjusted for surpluses or deficiencies
caused by abnormal conditions, changes in marketing conditions, or the
operation of any agricultural program. In determining normal supply, the
Secretary shall make such adjustments for current trends in consumption
and for unusual conditions as he may deem necessary.
(i) ``Marketing year'' for any nonbasic agricultural commodity means
any period determined by the Secretary during which substantially all of
a crop or production of such commodity is normally marketed by the
producers thereof.
(j) Any term defined in the Agricultural Adjustment Act of 1938 [7
U.S.C. 1281 et seq.], shall have the same meaning when used in this Act.
(k)(1) Reference made in sections 1422, 1423, 1426, 1427, and 1431
of this title to the terms ``support price'', ``level of support'', and
``level of price support'' shall be considered to apply as well to the
loan and purchase level for wheat, feed grains, upland cotton, extra
long staple cotton, honey, oilseeds and rice under this Act.
(2) References made to the terms ``price support'', ``price support
operations'', and ``price support program'' in such sections and in
section 1421(a) of this title shall be considered as applying as well to
loan and purchase operations for wheat, feed grains, upland cotton,
extra long staple cotton, honey, oilseeds and rice under this Act.
(3) Notwithstanding any other provision of law, this subsection
shall be effective only for the 1991 through 1995 crops of wheat, feed
grains, upland cotton, extra long staple cotton, honey, oilseeds and
rice.
(l) ``Producer'' shall include a person growing hybrid seed under
contract. In determining the interest of a grower of hybrid seed in a
crop, the Secretary shall not take into consideration the existence of a
hybrid seed contract.
(Oct. 31, 1949, ch. 792, title IV, Sec. 408, 63 Stat. 1055; Aug. 28,
1954, ch. 1041, title II, Sec. 209, 68 Stat. 901; Pub. L. 89-321, title
IV, Sec. 402(b), Nov. 3, 1965, 79 Stat. 1197; Pub. L. 90-559, Sec. 1(4),
Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524, title IV, Sec. 408, title
VI, Secs. 604, 607, Nov. 30, 1970, 84 Stat. 1367, 1378; Pub. L. 93-86,
Sec. 1(22), Aug. 10, 1973, 87 Stat. 235; Pub. L. 94-214, title III,
Secs. 303, 304, Feb. 16, 1976, 90 Stat. 187, 188; Pub. L. 95-113, title
IV, Sec. 407, title VI, Sec. 604(a), (b), title VII, Secs. 704, 705,
Sept. 29, 1977, 91 Stat. 927, 939, 944; Pub. L. 97-98, title XI,
Sec. 1104, Dec. 22, 1981, 95 Stat. 1264; Pub. L. 99-198, title X,
Sec. 1018, Dec. 23, 1985, 99 Stat. 1459; Pub. L. 101-624, title XI,
Sec. 1131, Nov. 28, 1990, 104 Stat. 3511; Pub. L. 107-171, title I,
Sec. 1310(a)(2)(B), May 13, 2002, 116 Stat. 182.)
References in Text
This Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63
Stat. 1051, as amended, known as the Agricultural Act of 1949, which is
classified principally to this chapter (Sec. 1421 et seq.). For complete
classification of this Act to the Code, see Short Title note set out
under section 1421 of this title and Tables.
Section 1441(g) of this title, referred to in subsec. (b), was
omitted from the Code.
The Agricultural Adjustment Act of 1938, referred to in subsec. (j),
is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended, which is
classified principally to chapter 35 (Sec. 1281 et seq.) of this title.
For complete classification of this Act to the Code, see section 1281 of
this title and Tables.
Amendments
2002--Subsec. (c). Pub. L. 107-171 struck out ``peanuts,'' before
``rice,''.
1990--Subsec. (k). Pub. L. 101-624, Sec. 1131(a), amended subsec.
(k) generally. Prior to amendment, subsec. (k) read as follows:
``(1) Reference made in sections 1422, 1423, 1426, 1427, and 1431 of
this title to the terms `support price', `level of support', and `level
of price support' shall be considered to apply as well to the loan and
purchase level for wheat, feed grains, upland cotton, and rice under
this Act.
``(2) References made to the terms `price support', `price support
operations', and `price support program' in such sections and in section
1421(a) of this title shall be considered as applying as well to loan
and purchase operations for wheat, feed grains, upland cotton, and rice
under this Act.''
Subsecs. (l), (m). Pub. L. 101-624, Sec. 1131(b), added subsec. (l)
and struck out former subsecs. (l) and (m). See 1977 Amendment note
below.
1985--Subsec. (k). Pub. L. 99-198 temporarily amended subsec. (k)
generally, designating provisions before the semicolon as par. (1) and
substituting ``loan and purchase level'' for ``level of loans and
purchases'', and designating provisions after the semicolon as par. (2).
See Effective and Termination Dates of 1985 Amendment note below.
1981--Subsec. (k). Pub. L. 97-98 temporarily substituted ``Reference
made'' for ``References made'' and inserted reference to section 1427 of
this title and to upland cotton and rice. See Effective and Termination
Dates of 1981 Amendment note below.
1977--Subsec. (b). Pub. L. 95-113, Secs. 604(a), 704, inserted
proviso defining cooperator for purposes of the 1978 through 1981 crops
of upland cotton as a producer on a farm who has set aside the acreage
required under section 1444(f) of this title and substituted ``1976
through 1981 crops of rice'' for ``1976 and 1977 crops of rice'' in
proviso defining cooperator for purposes of specific crops of rice.
Subsecs. (k) to (m). Pub. L. 95-113, Secs. 407, 604(b), 705,
temporarily amended subsecs. (k) to (m) generally. See Effective and
Termination Dates of 1977 Amendment note below.
1976--Subsec. (b). Pub. L. 94-214, Sec. 303, inserted proviso
defining ``cooperator'' for 1976 and 1977 crops of rice.
Subsec. (m). Pub. L. 94-214, Sec. 304, temporarily added subsec.
(m). See Effective and Termination Dates of 1976 Amendment note below.
1973--Subsec. (b). Pub. L. 93-86 substituted ``1971 through 1977''
for ``1971, 1972, and 1973'' in proviso requiring that for such
designated crops of upland cotton a cooperator shall be a producer on a
farm on which a farm base acreage allotment has been established who has
set aside the acreage required under section 1444(e) of this title.
1970--Subsec. (b). Pub. L. 91-524, Sec. 604, inserted proviso that,
for the 1971, 1972, and 1973 crops of upland cotton, a cooperator shall
be a producer on a farm on which a farm base acreage allotment has been
established who has set aside the acreage required under section 1444(e)
of this title.
Subsecs. (k), (l). Pub. L. 91-524, Secs. 408, 607, temporarily added
subsecs. (k) and (l). See Effective and Termination Dates of 1970
Amendment note below.
1968--Subsec. (b). Pub. L. 90-559 provided for a one year extension,
substituting ``1967 through 1970'' for ``1967, 1968, and 1969''.
1965--Subsec. (b). Pub. L. 89-321 temporarily inserted proviso. See
Effective and Termination Dates of 1965 Amendment note below.
1954--Subsec. (b). Act Aug. 28, 1954, inserted ``or wheat'' after
``corn'', and ``or wheat-producing'' after ``corn producing''.
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.
Effective and Termination Dates of 1985 Amendment
Section 1018 of Pub. L. 99-198 provided that the amendment made by
that section is effective only for 1986 through 1990 crops of wheat,
feed grains, upland cotton, and rice.
Effective and Termination Dates of 1981 Amendment
Section 1104 of Pub. L. 97-98 provided that the amendment made by
that section is effective only for 1982 through 1985 crops of wheat,
feed grains, upland cotton, and rice.
Effective and Termination Dates of 1977 Amendment
Sections 407, 604(b), and 705 of Pub. L. 95-113 provided that the
amendments made by those sections are effective for 1978 through 1981
crops.
Effective and Termination Dates of 1976 Amendment
Section 304 of Pub. L. 94-214 provided that the amendment made by
that section is effective only with respect to 1976 and 1977 crops of
rice.
Effective and Termination Dates of 1970 Amendment
Sections 408 and 607 of Pub. L. 91-524, as amended by section 1(15),
(22) of Pub. L. 93-86, provided that the amendments made by those
sections are effective only with respect to 1971 through 1977 crops.
Effective and Termination Dates of 1965 Amendment
Section 402(b) of Pub. L. 89-321, as amended by Pub. L. 90-559,
Sec. 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment made
by that section is effective only for 1966 through 1970 crops.
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.
Section Referred to in Other Sections
This section is referred to in section 1444 of this title.
