§ 1445a. — Wheat price support levels; "cooperator" defined.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1445a]
TITLE 7--AGRICULTURE
CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
SUBCHAPTER II--BASIC AGRICULTURAL COMMODITIES
Sec. 1445a. Wheat price support levels; ``cooperator'' defined
Notwithstanding the provisions of section 1441 of this title,
beginning with the 1964 crop--
(1) Price support for wheat accompanied by domestic certificates
shall be at such level not less than 65 per centum or more than 90
per centum of the parity price therefor as the Secretary determines
appropriate, taking into consideration the factors specified in
section 1421(b) of this title.
(2) Price support for wheat accompanied by export certificates
shall be at such level not more than 90 per centum of the parity
price therefor as the Secretary determines appropriate, taking into
consideration the factors specified in section 1421(b) of this
title.
(3) Price support for wheat not accompanied by marketing
certificates shall be at such level, not in excess of 90 per centum
of the parity price therefor, as the Secretary determines
appropriate, taking into consideration competitive world prices of
wheat, the feeding value of wheat in relation to feed grains, and
the level at which price support is made available for feed grains.
(4) Price support shall be made available only to cooperators:
and, if a commercial wheat-producing area is established for such
crop, price support shall be made available only in the commercial
wheat-producing area.
(5) Effective with respect to crops planted for harvest in the
calendar year 1966 and any subsequent year, the level of price
support for any crop of wheat for which a national marketing quota
is not proclaimed or for which marketing quotas have been
disapproved by producers shall be as provided in section 1441 of
this title.
(6) A ``cooperator'' with respect to any crop of wheat produced
on a farm shall be a producer who (i) does not knowingly exceed (A)
the farm acreage allotment for wheat on the farm or (B) except as
the Secretary may by regulation prescribe, the farm acreage
allotment for wheat on any other farm on which the producer shares
in the production of wheat, and (ii) complies with the land-use
requirements of section 1339 of this title, to the extent prescribed
by the Secretary. Effective with respect to crops planted for
harvest in the calendar year 1966 and any subsequent year, if
marketing quotas are not in effect for the crop of wheat, a
``cooperator'' with respect to any crop of wheat produced on a farm
shall be a producer who does not knowingly exceed the farm acreage
allotment for wheat. No producer shall be deemed to have exceeded a
farm acreage allotment for wheat if the entire amount of the farm
marketing excess is delivered to the Secretary or stored in
accordance with applicable regulations to avoid or postpone payment
of the penalty, but the producer shall not be eligible to receive
price support on such marketing excess. No producer shall be deemed
to have exceeded the farm acreage allotment for wheat on any other
farm, if such farm is exempt from the farm marketing quota for such
crop under section 1335 of this title. No producer shall be deemed
to have exceeded a farm acreage allotment for wheat if the
production on the acreage in excess of the farm acreage allotment is
stored pursuant to the provisions of section 1379c(b) of this title,
but the producer shall not be eligible to receive price support on
the wheat so stored.
(Oct. 31, 1949, ch. 792, title I, Sec. 107, as added Pub. L. 87-703,
title III, Sec. 325(1), Sept. 27, 1962, 76 Stat. 630; amended Pub. L.
88-297, title II, Sec. 203, Apr. 11, 1964, 78 Stat. 182; Pub. L. 89-321,
title V, Sec. 506, Nov. 3, 1965, 79 Stat. 1203; Pub. L. 90-559,
Sec. 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524, title IV,
Sec. 401, Nov. 30, 1970, 84 Stat. 1362; Pub. L. 93-86, Sec. 1(8), Aug.
10, 1973, 87 Stat. 224; Pub. L. 93-125, Sec. 1(b), Oct. 18, 1973, 87
Stat. 450; Pub. L. 93-228, Sec. 1(a), Dec. 29, 1973, 87 Stat. 944.)
Amendments
1973--Subsec. (a). Pub. L. 93-86, Sec. 1(8)(A), temporarily amended
subsec. (a) generally, substituting ``$1.37 per bushel'' for ``$1.25 per
bushel''. See Effective and Termination Dates of 1970 and 1973 Amendment
notes below.
Subsec. (b). Pub. L. 93-86, Sec. 1(8)(B), temporarily substituted
``payments'' for ``certificates''. See Effective and Termination Dates
of 1970 and 1973 Amendment notes below.
Subsec. (c). Pub. L. 93-228 substituted ``(or of cotton, corn, grain
sorghums, or barley planted in lieu of wheat)'' for ``(or other
nonconserving crop planted instead of wheat)'', in two places.
Pub. L. 93-125 substituted ``prevented from planting any portion''
for ``prevented from planting, any portion''.
Pub. L. 93-86, Sec. 1(8)(C), (D), temporarily added subsec. (c). See
Effective and Termination Dates of 1970 and 1973 Amendment notes below.
1970--Pub. L. 91-524 temporarily revised section into subsecs. (a)
and (b) which provided for loans on wheat at such levels not in excess
of the parity price as the Secretary determines appropriate, taking into
consideration competitive world prices of wheat, the feeding value of
wheat in relation to feed grains, and the level at which price support
is made available for feed grains, provided that, if a set-aside program
is in effect, program benefits would be made available only to producers
who comply with such set-aside program, and placed a floor on the loan
of $1.25 per bushel. See Effective and Termination Dates of 1970
Amendment note below.
1968--Subsec. (2). Pub. L. 90-559 provided for a one year extension
through 1970.
1965--Pub. L. 89-321 temporarily raised the wheat support level to
100 per centum of parity or as near to 100 per centum as the Secretary
determines to be practicable, placed a floor of 100 per centum of parity
for wheat accompanied by marketing certificates and $1.25 for wheat not
so accompanied under the 1966 crop, guaranteed to cooperators for 1967
through 1969 crops a total average rate of return per bushel of not less
than the total average rate of return per bushel made available to
cooperators through loans and domestic marketing certificates for the
1966 crop where the diversion factor is not less than 10 per centum, and
eliminated reference to classification as cooperators of producers who
do not knowingly exceed the farm acreage allotment for wheat in cases
where marketing quotas are not in effect. See Effective and Termination
Dates of 1965 Amendment note below.
1964--Subsec. (1). Pub. L. 88-297 substituted ``domestic
certificates'' for ``marketing certificates''.
Subsec. (2). Pub. L. 88-297 added subsec. (2). Former subsec. (2)
redesignated (3).
Subsec. (3). Pub. L. 88-297 redesignated former subsec. (2) as (3),
struck out introductory clause ``if marketing quotas are in effect for
wheat'', and inserted ``not in excess of 90 per centum of the parity
price therefor.'' Former subsec. (3) redesignated (4).
Subsec. (4). Pub. L. 88-297 redesignated former subsec. (3) as (4).
Former subsec. (4) redesignated (5).
Subsec. (5). Pub. L. 88-297 redesignated former subsec. (4) as (5)
and inserted introductory phrase ``Effective with respect to crops
planted for harvest in the calendar year 1966 and any subsequent
year,''. Former subsec. (5) redesignated (6).
Subsec. (6). Pub. L. 88-297 redesignated former subsec. (5) as (6),
struck out introductory clause ``if marketing quotas are in effect for
the crop of wheat'', struck out from cl. (i)(A) ``or any other
commodity'' after ``wheat'', substituted in cl. (i)(B) ``the farm
acreage allotment for wheat on any other farm on which the producer
shares in the production of wheat'' for ``the farm acreage allotment on
any other farm for any commodity in which he has an interest as a
producer'', inserted ``Effective with respect to crops planted for
harvest in the calendar year 1966 and any subsequent year,'' before ``if
marketing quotas'', and inserted provision for deeming a producer as not
having exceeded a farm acreage allotment for wheat if the production on
the acreage in excess of the farm acreage allotment is stored pursuant
to section 1379c(b) of this title, but making the producer ineligible to
receive price support on the wheat so stored.
Effective and Termination Dates of 1973 Amendment
Section 1(8) of Pub. L. 93-86 provided that the amendment made by
that section is effective beginning with 1974 crop.
Effective and Termination Dates of 1970 Amendment
Section 401 of Pub. L. 91-524, as amended by section 1(8) of Pub. L.
93-86, provided that the amendment made by that section is effective
only with respect to 1971 through 1977 crops of wheat.
Effective and Termination Dates of 1965 Amendment
Section 506 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 with respect to 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)(4) 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)(D) of this
title.
Pub. L. 101-624, title III, Sec. 305, Nov. 28, 1990, 104 Stat. 3400,
provided that: ``Section 107 of the Agricultural Act of 1949 (7 U.S.C.
1445a) shall not be applicable to the 1991 through 1995 crops of
wheat.''
Pub. L. 99-198, title III, Sec. 312, Dec. 23, 1985, 99 Stat. 1395,
provided that: ``Section 107 of the Agricultural Act of 1949 (7 U.S.C.
1445a) shall not be applicable to the 1986 through 1990 crops of
wheat.''
Pub. L. 97-98, title III, Sec. 305, Dec. 22, 1981, 95 Stat. 1227,
provided that: ``Section 107 of the Agricultural Act of 1949 [this
section] shall not be applicable to the 1982 through 1985 crops of
wheat.''
Pub. L. 95-113, title IV, Sec. 409, Sept. 29, 1977, 91 Stat. 928,
provided that: ``Section 107 of the Agricultural Act of 1949, as amended
[this section], shall not be applicable to the 1977 through 1981 crops
of wheat.''
Pub. L. 95-113, title IV, Sec. 410, Sept. 29, 1977, 91 Stat. 928,
provided that: ``Except as otherwise provided in section 401 of this Act
[enacting section 1445b(a)-(c) of this title effective only for the 1977
through 1981 crops of wheat], section 107 of the Agricultural Act of
1949, as added by the Agricultural Act of 1970, as amended [this section
as amended by Pub. L. 91-524, as amended], to be effective only for the
1974 through 1977 crops of wheat, shall not be applicable to the 1977
crop of wheat.''
Section Referred to in Other Sections
This section is referred to in sections 1379c, 7301, 7992 of this
title.
