§ 1446. — Price support levels for designated nonbasic agricultural commodities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1446]
TITLE 7--AGRICULTURE
CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
SUBCHAPTER III--NONBASIC AGRICULTURAL COMMODITIES
Sec. 1446. Price support levels for designated nonbasic
agricultural commodities
(a) The Secretary is authorized and directed to make available
(without regard to the provisions of sections 1447 to 1449 of this
title) price support to producers for oilseeds (including soybeans,
sunflower seed, canola, rapeseed, safflower, flaxseed, mustard seed, and
such other oilseeds as the Secretary may determine), sunflower seeds,
honey, milk, sugar beets, and sugarcane in accordance with this
subchapter.
(b) The price of honey shall be supported through loans, purchases,
or other operations at a level not in excess of 90 per centum nor less
than 60 per centum of the parity price thereof; and the price of tung
nuts for each crop of tung nuts through the 1976 crop shall be supported
through loans, purchases, or other operations at a level not in excess
of 90 per centum nor less than 60 per centum of the parity price
therefor: Provided, That in any crop year through the 1976 crop year in
which the Secretary determines that the domestic production of tung oil
will be less than the anticipated domestic demand for such oil, the
price of tung nuts shall be supported at not less than 65 per centum of
the parity price therefor.
(c) Except as provided in section 1446e \1\ of this title, the price
of milk shall be supported at such level not in excess of 90 per centum
nor less than 75 per centum of the parity price therefor as the
Secretary determines necessary in order to assure an adequate supply of
pure and wholesome milk to meet current needs, reflect changes in the
cost of production, and assure a level of farm income adequate to
maintain productive capacity sufficient to meet anticipated future
needs. Such price support shall be provided through the purchase of milk
and the products of milk.
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\1\ See References in Text note below.
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(d) Notwithstanding any other provision of law--
(1)(A) During the period beginning on January 1, 1986, and
ending on December 31, 1990, the price of milk shall be supported as
provided in this subsection.
(B) During the period beginning on January 1, 1986, and ending
on December 31, 1986, the price of milk shall be supported at a rate
equal to $11.60 per hundredweight for milk containing 3.67 percent
milkfat.
(C)(i) During the period beginning on January 1, 1987, and
ending on September 30, 1987, the price of milk shall be supported
at a rate equal to $11.35 per hundredweight for milk containing 3.67
percent milkfat.
(ii) Except as provided in subparagraph (D), during the period
beginning on October 1, 1987, and ending on December 31, 1990, the
price of milk shall be supported at a rate equal to $11.10 per
hundredweight for milk containing 3.67 percent milkfat.
(D)(i) Subject to clause (ii), if for each of the calendar years
1988 and 1990, the level of purchases of milk and the products of
milk under this subsection (less sales under section 1427 of this
title for unrestricted use), as estimated by the Secretary on
January 1 of such calendar year, will exceed 5,000,000,000 pounds
(milk equivalent), on January 1 of such calendar year, the Secretary
shall reduce by 50 cents the rate of price support for milk as in
effect on such date.
(ii) The rate of price support for milk may not be reduced under
clause (i) unless--
(I) the milk production termination program under paragraph
(3) achieved a reduction in the production of milk by
participants in the program of at least 12,000,000,000 pounds
during the 18 months of the program; or
(II) the Secretary submits to Congress a certification,
including a statement of facts in support of the certification
of the Secretary, that reasonable contract offers were extended
by the Secretary under such program but such offers were not
accepted by a sufficient number of producers making reasonable
bids for contracts to achieve such a reduction in production.
(E) If for any of the calendar years 1988, 1989, and 1990, the
level of purchases of milk and the products of milk under this
subsection (less sales under section 1427 of this title for
unrestricted use), as estimated by the Secretary on January 1 of
such calendar year, will not exceed 2,500,000,000 pounds (milk
equivalent), the Secretary shall increase by 50 cents the rate of
price support for milk in effect on such date.
(F) The price of milk shall be supported through the purchase of
milk and the products of milk.
(2)(A) Beginning after March 31, 1986, the Secretary shall
provide for a reduction to be made in the price received by
producers for all milk produced in the United States and marketed by
producers for commercial use.
(B) Except as provided in subparagraphs (E) and (F), the amount
of the reduction under subparagraph (A) in the price received by
producers shall be--
(i) the period beginning on April 1, 1986, and ending on
December 31, 1986, 40 cents per hundredweight of milk marketed;
and
(ii) during the first 9 months of 1987, 25 cents per
hundredweight of milk marketed.
(C) The funds represented by the reduction in price, required
under this paragraph to be applied to the marketings of milk by a
producer, shall be collected and remitted to the Commodity Credit
Corporation, at such time and in such manner as prescribed by the
Secretary, by each person making payment to a producer for milk
purchased from such producer, except that in the case of a producer
who markets milk of the producer's own production directly to
consumers, such funds shall be remitted directly to the Corporation
by such producer.
(D) The funds remitted to the Corporation under this paragraph
shall be considered as included in the payments to a producer of
milk for purposes of the minimum price provisions of the
Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937.
(E)(i) In lieu of any reductions in payments made by the
Secretary for the purchase of milk and the products of milk under
this subsection during the period beginning March 1, 1986, and
ending September 30, 1986, required under the order issued by the
President on February 1, 1986, under section 252 \1\ of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177)
[2 U.S.C. 902], the Secretary shall increase the amount of the
reduction required under subparagraph (A) during the period
beginning April 1, 1986, and ending September 30, 1986, as the sole
means of meeting any reductions required under the order in payments
made by the Secretary for the purchase of milk and the products of
milk under this subsection.
(ii) The aggregate amount of any increased reduction under
clause (i) shall be equal, to the extent practicable, to the
aggregate amount of the reduction that would otherwise be required
under the order referred to in clause (i) in payments made by the
Secretary for the purchase of milk and the products of milk under
this subsection during the period beginning March 1, 1986, and
ending September 30, 1986, except that the amount of any increased
reduction under clause (i) may not exceed 12 cents per hundredweight
of milk marketed.
(F)(i) The Secretary--
(I) notwithstanding the Balanced Budget and Emergency
Deficit Control Act of 1985 and any order issued by the
President under section 252 \1\ of such Act [2 U.S.C. 902] for a
fiscal year; and
(II) in lieu of making any reduction in payments for the
purchase of milk or the products of milk under this subsection
during such fiscal year under any such order;
shall provide for the reduction (measured in cents per hundredweight
of milk marketed) under subparagraph (A) during the period beginning
on October 1 and ending on September 30 of such fiscal year as the
sole means of achieving any reduction in budget outlays under the
milk price-support program that otherwise would be required under
either such order and only for the purpose of substituting for any
reduction in payments made by the Secretary for the purchase of milk
or the products of milk under either such order.
(ii) The aggregate amount of any reduction under subparagraph
(A) resulting from the operation of clause (i) may not exceed the
aggregate amount of the reduction in budget outlays under the milk
price-support program, as estimated by the Secretary, that otherwise
would have been achieved under either such order by reducing
payments made by the Secretary for the purchase of milk or the
products of milk under this subsection during such fiscal year.
(F) \2\ During calendar year 1988, the Secretary shall provide
for a reduction of 2\1/2\ cents per hundredweight to be made in the
price received by producers for all milk produced in the United
States and marketed by producers for commercial use.
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\2\ So in original. Probably should be ``(G)''.
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(3)(A)(i) The Secretary shall establish and carry out under this
paragraph a milk production termination program for the 18-month
period beginning April 1, 1986.
(ii) Under the milk production termination program required
under this subparagraph, the Secretary, at the request of any
producer of milk in the United States who submits to the Secretary a
bid, may offer to enter into a contract with the producer for the
purpose of terminating the production of milk by the producer in
return for a payment to be made by the Secretary.
(iii) For the 18-month period for which the milk production
termination program under this subparagraph is in effect, the
Secretary shall--
(I) as soon as practicable, determine the total number of
dairy cattle the Secretary estimates will be marketed for
slaughter as a result of such program; and
(II) by regulation specify marketing procedures to ensure
that greater numbers of dairy cattle slaughtered as a result of
the production termination program provided for in this section
shall be slaughtered in each of the periods of April through
August 1986, and March through August 1987 than for the other
months of the program. Such procedures also shall ensure that
such sales of dairy cattle for slaughter shall occur on a basis
estimated by the Secretary that maintains historical seasonal
marketing patterns. During such 18-month period, the Secretary
shall limit the total number of dairy cattle marketed for
slaughter under the program in excess of the historical dairy
herd culling rate to no more than 7 percent of the national
dairy herd per calendar year.
(iv) Each contract made under this subparagraph shall provide
that--
(I) the producer shall sell for slaughter or for export all
the dairy cattle in which such producer owns an interest;
(II) during a period of 3, 4, or 5 years, as specified by
the Secretary in each producer contract and beginning on the day
the producer completes compliance with subclause (I), the
producer neither shall acquire any interest in dairy cattle or
in the production of milk nor acquire, or make available to any
person, any milk production capacity of a facility that becomes
available because of compliance by a producer with such
subclause unless the Secretary shall by regulation otherwise
permit; and
(III) if the producer fails to comply with such contract,
the producer shall repay to the Secretary the entire payment
received under the contract, including simple interest payable
at a rate prescribed by the Secretary, which shall, to the
extent practicable, reflect the cost to the Corporation of its
borrowings from the Treasury of the United States, commencing on
the date payment is first received under such contract.
(v) Any producer of milk who seeks to enter into a contract for
payments under this paragraph shall provide the Secretary with (I)
evidence of such producer's marketing history; (II) the size and
composition of the producer's dairy herd during the period the
marketing history is determined; and (III) the size and composition
of the producer's dairy herd at the time the bid is submitted, as
the Secretary deems necessary and appropriate.
(vi) Except as provided in subparagraph (D), no producer who
commenced marketing of milk in the 15-month period ending March 31,
1986, shall be eligible to enter into a contract for payments under
this subparagraph.
(vii) A contract entered into under this paragraph by a producer
who by reason of death cannot perform or assign such contract may be
performed or assigned by the estate of such producer.
(B) The Secretary may establish and carry out a milk diversion
or milk production termination program for any of the calendar years
1988, 1989, and 1990 as necessary to avoid the creation of
burdensome excess supplies of milk or milk products.
(C) In setting the terms and conditions of any milk diversion or
milk production termination under this paragraph and of each
contract made under this subparagraph, the Secretary shall take into
account any adverse effect of such program or contracts on beef,
pork, and poultry producers in the United States and shall take all
feasible steps to minimize such effect.
(D) A producer who commenced marketing milk after December 31,
1984, shall be eligible to enter into a contract for payments under
this subparagraph if such producer's entire milk production facility
and entire dairy herd were transferred to the producer by reason of
a gift from, or the death of, a member or members of the family of
the producer. The term ``member of the family of the producer''
means (i) an ancestor of the producer, (ii) the spouse of the
producer, (iii) a lineal descendant of the producer, or the
producer's spouse, or a parent of the producer, or (iv) the spouse
of any such lineal descendant.
(E) Application for payment shall be made by producers through
the county committees established under section 590h(b) of title 16.
(F) to (J) Repealed. Pub. L. 99-198, title I, Sec. 101(b)(1),
(2), Dec. 23, 1985, 99 Stat. 1363, 1365.
(K) Redesignated (E).
(L) Repealed. Pub. L. 99-198, title I, Sec. 101(b)(2), Dec. 23,
1985, 99 Stat. 1365.
(M) A contract entered into under this paragraph by a producer
who by reason of death cannot perform or assign such contract may be
performed or assigned, in accordance with subparagraph (L), by the
estate of such producer.
(N) If the provisions for reductions in the price received for
milk marketed for commercial use as provided for in paragraph (2)
are held to be invalid by any court, or the Secretary is restrained
or enjoined by any court from implementing such provisions, the
Secretary shall immediately suspend making any diversion payments
under this paragraph for the period beginning with the date of such
court action and shall resume making such payments only if such
court action is overruled, stayed, or terminated.
(4) Each producer who markets milk and each person required to
make payment to the Corporation under this subsection shall keep
such records and make such reports, in such manner, as the Secretary
determines necessary to carry out this subsection. The Secretary may
make such investigations as the Secretary deems necessary for the
effective administration of this subsection or to determine whether
any person subject to the provisions of this subsection has engaged
or is engaged or is about to engage in any act or practice that
constitutes or will constitute a violation of any provision of this
subsection or regulation issued under this subsection. For the
purpose of such investigation, the Secretary may administer oaths
and affirmations, subpena witnesses, compel their attendance, take
evidence, and require the production of any records that are
relevant to the inquiry. Such attendance of witnesses and the
production of any such records may be required from any place in the
United States. In case of contumacy by, or refusal to obey a subpena
to, any person, the Secretary may invoke the aid of any court of the
United States within the jurisdiction of which such investigation or
proceeding is carried on, or where such person resides or carries on
business, in requiring the attendance and testimony of witnesses and
the production of records. Such court may issue an order requiring
such person to appear before the Secretary to produce records or to
give testimony on the matter under investigation. Any failure to
obey such order of the court may be punished by such court as a
contempt thereof. All process in any such case may be served in the
judicial district of which such person is an inhabitant or wherever
such person may be found.
(5)(A) The district courts of the United States are vested with
jurisdiction specifically to enforce, and to prevent and restrain
any person from violating, any provision of this subsection or any
regulation issued under this subsection. Any such civil action
authorized to be brought under this subsection shall be referred to
the Attorney General for appropriate action. The Secretary is not
required, however, to refer to the Attorney General minor violations
of this subsection whenever the Secretary believes that the
administration and enforcement of this subsection would be
adequately served by suitable written notice or warning to any
person committing such violation.
(B)(i) Each person as to whom there is a failure to make a
reduction in the price of milk received by such person as required
by paragraph (2) or who fails to remit to the Corporation the funds
required to be collected and remitted by paragraph (2)(B) shall be
liable, in addition to any amount due, to a marketing penalty at a
rate equal to the support price for milk in effect at the time the
failure occurs on the quantity of milk as to which the failure
applies. The Secretary may reduce any such marketing penalty in such
amount as the Secretary determines equitable in any case in which
the Secretary determines that the failure was unintentional or
without knowledge on the part of the person concerned. Each person
who knowingly violates any other provision of this subsection, or
any regulation issued under this subsection, shall be liable for a
civil penalty of not more than $1,000 for each such violation. Any
penalty provided for under this subparagraph shall be assessed by
the Secretary after notice and opportunity for a hearing.
(ii) Each person who buys, from a producer with respect to whom
there is in effect at the time of such sale a contract entered into
under paragraph (3), one or more dairy cattle sold for slaughter or
export, who knows that such cattle are sold for slaughter or export,
and who fails to cause the slaughter or export of such cattle within
a reasonable time after receiving such cattle shall be liable for a
civil penalty of not more than $5,000 with respect to each of such
cattle.
(iii) Each person who retains or acquires an interest in dairy
cattle or the production of milk in violation of a contract entered
into under this paragraph shall be liable, in addition to any amount
due under paragraph (3)(A)(iv), to a marketing penalty on the
quantity of milk produced during the period in which such ownership
is prohibited under the contract. Such penalty shall be computed at
the rate or rates of the support price for milk in effect during the
period in which the milk production occurred.
(iv) Each person who makes a false statement in a bid submitted
under paragraph (3) as to (I) the marketings of milk for commercial
use by the producer, or (II) the size or composition of the dairy
herd that produced such marketings, or (III) the size or composition
of the dairy herd at the time the bid is submitted shall be subject,
in addition to any amount due under paragraph (3)(A)(iv) or clause
(iii) of this subparagraph, to a civil penalty of $5,000 for each
head of cattle to which such statement applied.
(v) Each person who makes a false statement as to the number of
dairy cattle that was sold for slaughter or export under a contract
under paragraph (3)(A) shall be subject, in addition to any amount
due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph,
to a civil penalty of not more than $5,000 for each head of cattle
to which such statement applied.
(C) Any person against whom a penalty is assessed under
subparagraph (B) may obtain review of such penalty in an appropriate
district court of the United States by filing a civil action in such
court not later than thirty days after such penalty is imposed. The
Secretary shall promptly file in such court a certified copy of the
record upon which the penalty is based. The findings of the
Secretary may be set aside only if found to be unsupported by
substantial evidence.
(D) The district courts of the United States shall have
jurisdiction to review and enforce any penalty imposed under
subparagraph (B).
(E) The remedies provided in this paragraph shall be in addition
to, and not exclusive of, other remedies that may be available.
(F) In carrying out this subsection, the Secretary may, as the
Secretary deems appropriate--
(i) use the services of State and county committees
established under section 590h(b) of title 16; and
(ii) enter into agreements to use, on a reimbursable or
nonreimbursable basis, the services of administrators of Federal
milk marketing orders and State milk marketing programs.
(6) The term ``United States'' as used in paragraphs (2) and (3)
of this subsection means the forty-eight contiguous States in the
continental United States.
(7) The Secretary shall carry out this subsection through the
Commodity Credit Corporation.
(Oct. 31, 1949, ch. 792, title II, Sec. 201, 63 Stat. 1052; Aug. 28,
1954, ch. 1041, title II, Secs. 203(a), 204(b), title VII, Sec. 709, 68
Stat. 899, 912; Apr. 2, 1956, ch. 159, Sec. 1, 70 Stat. 86; July 20,
1956, ch. 661, 70 Stat. 596; Pub. L. 85-835, title V, Sec. 503, Aug. 28,
1958, 72 Stat. 996; Pub. L. 86-799, Sept. 16, 1960, 74 Stat. 1054; Pub.
L. 91-524, title II, Sec. 202, Nov. 30, 1970, 84 Stat. 1361; Pub. L. 93-
86, Sec. 1(3), Aug. 10, 1973, 87 Stat. 222; Pub. L. 93-225, Dec. 29,
1973, 87 Stat. 942; Pub. L. 95-113, title II, Sec. 203, title IX,
Secs. 901, 902, Sept. 29, 1977, 91 Stat. 920, 949; Pub. L. 96-127,
Sec. 1, Nov. 28, 1979, 93 Stat. 981; Pub. L. 96-494, title II,
Sec. 202(c), Dec. 3, 1980, 94 Stat. 2570; Pub. L. 97-6, Mar. 31, 1981,
95 Stat. 8; Pub. L. 97-35, title I, Sec. 150, Aug. 13, 1981, 95 Stat.
369; Pub. L. 97-98, title I, Sec. 103, title VIII, Sec. 801, title IX,
Sec. 901, Dec. 22, 1981, 95 Stat. 1219, 1256, 1257; Pub. L. 97-253,
title I, Sec. 101, Sept. 8, 1982, 96 Stat. 763; Pub. L. 98-180, title I,
Sec. 102(a), Nov. 29, 1983, 97 Stat. 1128; Pub. L. 99-114, Sec. 1, Oct.
1, 1985, 99 Stat. 488; Pub. L. 99-157, Sec. 1, Nov. 15, 1985, 99 Stat.
818; Pub. L. 99-182, Sec. 1, Dec. 13, 1985, 99 Stat. 1173; Pub. L. 99-
198, title I, Sec. 101(a)-(e), title VIII, Sec. 801, title IX, Sec. 901,
title X, Secs. 1008, 1041, Dec. 23, 1985, 99 Stat. 1362-1365, 1441,
1443, 1452, 1464; Pub. L. 99-260, Sec. 10, Mar. 20, 1986, 100 Stat. 52;
Pub. L. 100-45, Sec. 15(a), May 27, 1987, 101 Stat. 325; Pub. L. 100-
202, Sec. 101(k) [title VI, Sec. 638], Dec. 22, 1987, 101 Stat. 1329-
322, 1329-357; Pub. L. 100-203, title I, Sec. 1104(c)-(e), Dec. 22,
1987, 101 Stat. 1330-4; Pub. L. 100-387, title I, Sec. 102(a), Aug. 11,
1988, 102 Stat. 932; Pub. L. 101-239, title I, Sec. 1007, Dec. 19, 1989,
103 Stat. 2110; Pub. L. 101-624, title VII, Sec. 701(1), title IX,
Sec. 901(1), title XI, Sec. 1161(b), title XXII, Sec. 2236(a), Nov. 28,
1990, 104 Stat. 3457, 3478, 3520, 3961; Pub. L. 102-237, title I,
Sec. 113(8), Dec. 13, 1991, 105 Stat. 1838.)
References in Text
Section 1446e of this title, referred to in subsec. (c), was
repealed by Pub. L. 104-127, title I, Sec. 141(g), Apr. 4, 1996, 110
Stat. 915.
The Agricultural Adjustment Act, as reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, referred to in subsec.
(d)(2)(D), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, as
amended, which is classified generally to chapter 26 (Sec. 601 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 601 of this title and Tables.
The order issued by the President on February 1, 1986, referred to
in subsec. (d)(2)(E)(i), is set out as a note under section 902 of Title
2, The Congress.
Section 252 of the Balanced Budget and Emergency Deficit Control Act
of 1985, referred to in subsec. (d)(2)(E)(i), (F)(i)(I), is classified
to section 902 of Title 2, The Congress, and was amended generally by
Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat.
1388-581. Provisions relating to Presidential orders are contained in
section 904(f)(5) of Title 2.
The Balanced Budget and Emergency Deficit Control Act of 1985,
referred to in subsec. (d)(2)(F)(i)(I), is title II of Pub. L. 99-177,
Dec. 12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20
(Sec. 900 et seq.) and sections 654 to 656 of Title 2, The Congress,
amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2,
sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and
section 911 of Title 42, The Public Health and Welfare, repealed section
661 of Title 2, enacted provisions set out as notes under section 900 of
Title 2 and section 911 of Title 42, and amended provisions set out as a
note under section 621 of Title 2. For complete classification of this
Act to the Code, see Short Title note set out under section 901 of Title
2 and Tables.
Amendments
1991--Subsecs. (b), (c). Pub. L. 102-237 redesignated subsec. (b),
relating to price supports for milk, as (c).
1990--Subsec. (a). Pub. L. 101-624, Secs. 701(1), 901(1),
1161(b)(1), designated opening paragraph as subsec. (a) and substituted
``oilseeds (including soybeans, sunflower seed, canola, rapeseed,
safflower, flaxseed, mustard seed, and such other oilseeds as the
Secretary may determine),'' for ``tung nuts,'', ``honey, milk, sugar
beets, and sugarcane'' for ``honey, and milk'', and ``in accordance with
this subchapter.'' for ``as follows:''.
Subsecs. (b), (c). Pub. L. 101-624, Sec. 1161(b)(2), (3),
redesignated subsec. (c) as (b) and substituted reference to section
1446e of this title for reference to subsection (d) of this section.
Subsec. (k)(2). Pub. L. 101-624, Sec. 2236(a), temporarily
designated existing text as subpar. (A) and added subpar. (B). See
Effective and Termination Dates of 1990 Amendment note below.
1989--Subsec. (d)(1)(C)(ii), (iii). Pub. L. 101-239, Sec. 1007(1),
temporarily inserted in cl. (ii) ``clause (iii) and'' after ``Except as
provided in'' and added cl. (iii). See Effective and Termination Dates
of 1989 Amendment note below.
Subsec. (d)(1)(D)(i). Pub. L. 101-239, Sec. 1007(2), temporarily
substituted ``calendar year 1990'' for ``each of the calendar years 1988
and 1990'' and ``may reduce by not more than'' for ``shall reduce by''.
See Effective and Termination Dates of 1989 Amendment note below.
1988--Subsec. (d)(1)(D). Pub. L. 100-387 substituted ``if for each
of the calendar years 1988 and 1990'' for ``if for any of the calendar
years 1988, 1989, and 1990''.
1987--Pub. L. 100-45, Sec. 15(a)(1), temporarily inserted
``sunflower seeds,'' after ``soybeans,'' in first sentence. See
Effective and Termination Dates of 1987 Amendments note below.
Subsec. (b)(1)(D). Pub. L. 100-203, Sec. 1104(c), temporarily added
subpar. (D). See Effective and Termination Dates of 1987 Amendments note
below.
Subsec. (d)(2)(A). Pub. L. 100-202, Sec. 101(k) [title VI,
Sec. 638(1)], substituted ``Beginning after March 31, 1986,'' for
``During the period beginning on April 1, 1986, and ending on September
30, 1987,''.
Subsec. (d)(2)(B). Pub. L. 100-202, Sec. 101(k) [title VI,
Sec. 638(2)], substituted ``subparagraphs (E) and (F)'' for
``subparagraph (E)''.
Subsec. (d)(2)(C). Pub. L. 100-203, Sec. 1104(d)(1), substituted
``this paragraph'' for ``subparagraph (A)''.
Subsec. (d)(2)(F). Pub. L. 100-203, Sec. 1104(d)(2), added subpar.
(F) directing Secretary to provide for reduction of 2\1/2\ cents per
hundredweight in price received by producers during calendar year 1988.
Pub. L. 100-202, Sec. 101(k) [title VI, Sec. 638(3)], added subpar.
(F) directing Secretary to provide for reduction under subpar. (A) as
the sole means of achieving any reduction in budget outlays in milk
price-support system under Presidential budget-cutting orders.
Subsec. (j)(7). Pub. L. 100-203, Sec. 1104(e), added par. (7).
Subsec. (l). Pub. L. 100-45, Sec. 15(a)(2), temporarily added
subsec. (l). See Effective and Termination Dates of 1987 Amendments note
below.
1986--Subsec. (d)(2)(B). Pub. L. 99-260, Sec. 10(1), substituted
``Except as provided in subparagraph (E), the'' for ``The''.
Subsec. (d)(2)(E). Pub. L. 99-260, Sec. 10(2), added subpar. (E).
1985--Pub. L. 99-198, Secs. 801(1), 901(1), in provisions preceding
subsec. (a), temporarily reenacted without change the amendments made in
1977 by sections 901(1) and 902(1) of Pub. L. 95-113 and in 1981 by
sections 801(1) and 901(1) of Pub. L. 97-98, which inserted references
to soybeans, sugar beets, and sugar cane. See Effective and Termination
Dates of Amendments notes for 1985, 1981, and 1977, respectively, set
out below.
Subsec. (b). Pub. L. 99-198, Sec. 1041, amended subsec. (b)
generally, temporarily substituting provisions for loans, purchases and
other price supports for the 1986 through 1990 crops of honey, and
repayment of loans under this subsection, as well as penalties for
pledging adulterated or imported honey as collateral to secure such
loans, for provisions for support of the price of honey through loans,
purchases or other operations, without any crop year restrictions, at a
level not in excess of 90 per centum nor less than 60 per centum of the
parity price thereof, and struck out provisions for price support for
tung nuts through the 1976 crop year. See Effective and Termination
Dates of 1985 Amendments note below.
Subsec. (c). Pub. L. 99-198, Sec. 101(d), substituted ``Except as
provided in subsection (d) of this section, the price'' for ``The
price''.
Subsec. (d)(1). Pub. L. 99-198, Sec. 101(a), in amending par. (1)
generally, substituted provisions adjusting milk price support levels
for calendar years 1986 through 1990 by gradually reducing the price
support from $11.60 per hundredweight to $11.10 per hundredweight,
providing for adjustments of 50 cents per hundredweight in the support
level for calendar years 1988 through 1990 depending on projected sales
levels for provisions setting price support levels for calendar years
1983 through 1985 by gradually reducing the price support from $13.10
per hundredweight to $12.60 per hundredweight, and providing for
adjustments of 50 cents per hundredweight in the support level for
twelve month periods beginning on April 1, 1985 and/or July 1, 1985,
depending on projected sales levels.
Subsec. (d)(1)(B). Pub. L. 99-182 substituted ``December 31, 1985''
for ``December 13, 1985''.
Pub. L. 99-157 substituted ``December 13, 1985'' for ``November 15,
1985''.
Pub. L. 99-114 substituted ``November 15, 1985'' for ``September 30,
1985''.
Subsec. (d)(2). Pub. L. 99-198, Sec. 101(a), in amending par. (2)
generally, substituted provisions for a reduction in the price received
by producers for all milk produced in the United States and marketed for
commercial use in an amount of 40 cents per hundredweight for the period
between Apr. 1, 1986, and Dec. 31, 1986, and 25 cents per hundredweight
during the first 9 months of 1987 for provisions for a reduction of 50
cents per hundredweight in such price effective for the period beginning
with the first day of the first calendar month following Nov. 29, 1983,
and ending on Mar. 31, 1985, and struck out provisions relating to the
continued applicability of pars. (2) to (7) of this subsection between
Nov. 29, 1983, and the last day of November, 1983, and the
inapplicability of sections 4501 to 4513 of this title to prior
deductions or collections under this subsection, and provisions that to
the extent that funds collected under this paragraph were inadequate to
make payments to producers under par. (3), such payments had to be made
using otherwise available funds.
Subsec. (d)(3)(A). Pub. L. 99-198, Sec. 101(b)(1), in amending
subpar. (A) generally, substituted provisions for a milk production
termination program for the 18-month period beginning Apr. 1, 1986, for
provisions for a milk diversion program under which Secretary had to
offer to enter into a contract, at any time up to Feb. 1, 1984, with any
producer of milk in the United States to reduce the quantity of
commercially marketed milk during the 15-month period beginning Jan. 1,
1984.
Subsec. (d)(3)(B). Pub. L. 99-198, Sec. 101(b)(1), in amending
subpar. (B) generally, substituted provisions authorizing Secretary to
establish and carry out a milk diversion or milk production termination
program for any of the calendar years 1988, 1989 and 1990 for provisions
which had enumerated the requirements for contracts between Secretary
and any domestic producer of milk to reduce the quantity of commercially
marketed milk during the 15-month period beginning Jan. 1, 1984.
Subsec. (d)(3)(C). Pub. L. 99-198, Sec. 101(b)(1), in amending
subpar. (C) generally, substituted provisions requiring Secretary to
take into account any adverse effect of any milk diversion or milk
production program or contracts on beef, pork and poultry producers in
the United States and to take all feasible steps to minimize such effect
for provisions requiring Secretary to pay to producers complying with
such contracts an amount equal to the product of $10 per hundredweight
and the amount, measured in hundredweights, by which the quantity of
milk marketed by such producer for commercial use during the period
specified in such contract was less than the quantity of milk marketed
by such producer for commercial use during the marketing history period.
Subsec. (d)(3)(D). Pub. L. 99-198, Sec. 101(b)(1), in amending
subpar. (D) generally, substituted provisions establishing eligibility
of producers who have acquired their entire milk production facility and
dairy herd by gift or inheritance from family member or members for
provisions prohibiting payments to producers with respect to whom any
reduction in the quantity of milk did not meet specified percentage
guidelines.
Subsec. (d)(3)(E). Pub. L. 99-198, Sec. 101(b)(1), (3), struck out
subpar. (E) which specified conditions under which Secretary could
modify contracts entered into under this paragraph, and redesignated
subpar. (K) as (E).
Subsec. (d)(3)(F). Pub. L. 99-198, Sec. 101(b)(1), struck out
subpar. (F) which required domestic producers of milk seeking to enter
into contracts for diversion payments to provide Secretary with evidence
of such producer's marketing history, as defined by this subparagraph,
which Secretary could adjust to take into account natural disasters or
other conditions and factors where necessary.
Subsec. (d)(3)(G). Pub. L. 99-198, Sec. 101(b)(1), struck out
subpar. (G) which provided that no marketing history could be assigned
to any producer who commenced marketing milk after Dec. 31, 1982, except
as provided in subpar. (H).
Subsec. (d)(3)(H). Pub. L. 99-198, Sec. 101(b)(2), struck out
subpar. (H) which provided that a producer's marketing history could not
be transferred to another person unless the producer's entire milk
production facility and dairy herd were transferred by reason of the
death of the producer, a gift by the producer, or to a member or members
of the family of the producer.
Subsec. (d)(3)(I). Pub. L. 99-198, Sec. 101(b)(2), struck out
subpar. (I) which provided that eligibility for diversion payments would
be determined on the basis of the marketing history provided for under
subpar. (F).
Subsec. (d)(3)(J). Pub. L. 99-198, Sec. 101(b)(2), struck out
subpar. (J) which provided for quarterly diversion payments to eligible
producers who were able to demonstrate compliance with terms of contract
with Secretary for reduction in commercial marketing of milk.
Subsec. (d)(3)(K). Pub. L. 99-198, Sec. 101(b)(3), redesignated
subpar. (K) as (E).
Subsec. (d)(3)(L). Pub. L. 99-198, Sec. 101(b)(2), struck out
subpar. (L) which provided conditions under which a producer could
assign a contract entered into under this paragraph.
Subsec. (d)(3)(O). Pub. L. 99-198, Sec. 101(b)(2), struck out
subpar. (O) which authorized Secretary to adjust the producer's
diversion payments to reflect the composition of milk marketed during
the marketing history period, in the event of substantial deviation in
the composition of milk marketed after that period.
Subsec. (d)(5)(B)(i). Pub. L. 99-198, Sec. 101(c), designated
existing provisions as cl. (i), struck out ``(i)'' after ``Each
person'', substituted ``or who fails to remit'' for ``, (ii) who fails
to remit'', struck out ``, or (iii) who fails to make the reduction in
marketings required by a contract under paragraph (3)'' before ``shall
be liable'', and added cls. (ii) to (v).
Subsec. (d)(7). Pub. L. 99-198, Sec. 101(e), added par. (7).
Subsecs. (i) to (k). Pub. L. 99-198, Secs. 801(2), 901(2), 1008,
temporarily added subsecs. (i) to (k). See Effective and Termination
Dates of 1985 Amendment note below.
1983--Subsec. (d). Pub. L. 98-180 amended subsec. (d) generally,
substituting provision designed to adjust milk production to levels
consistent with the national demand for milk and milk products by
reducing the price support to $12.60 per hundredweight, with provision
for further increase or decrease depending on volume, providing a 50
cents reduction per hundredweight in the price on all milk produced in
the United States and marketed by producers for commercial use, and
establishing a milk diversion program to reduce milk production for
provision which kept the price support at $13.10 per hundredweight and
authorized Secretary to collect $1.00 from farmers for every
hundredweight of production sold, with the first 50 cents, payable
beginning Oct. 1, 1982, to be nonrefundable, and the second 50 cents,
payable beginning Apr. 1, 1983, refundable if the farmer could
demonstrate reduced commercial marketings from such marketings during a
defined base period.
1982--Subsec. (c). Pub. L. 97-253, Sec. 101(1), struck out provision
specifying milk price supports for the period beginning Dec. 22, 1981,
and ending Sept. 30, 1982, and for fiscal years ending Sept. 30, 1983,
1984, and 1985, with authority for Secretary to set milk price supports
if he estimated that for such a fiscal year the net cost of Government
price support purchases would be less than $1,000,000,000 for that
fiscal year or if he estimated that the net Government price support
purchases would be less than a specified poundage per fiscal year.
Subsec. (d). Pub. L. 97-253, Sec. 101(2), added subsec. (d).
1981--Pub. L. 97-98, Secs. 801(1), 901(1), temporarily inserted
reference in provision preceding subsec. (a) to soybeans, sugar beets,
and sugarcane. See Effective and Termination Dates of 1981 Amendment
note below.
Subsec. (c). Pub. L. 97-98, Sec. 103(1), substituted provision
specifying milk price supports for the period beginning Dec. 22, 1981,
and ending Sept. 30, 1982, and for fiscal years ending Sept. 30, 1983,
1984, and 1985, with authority for Secretary to set milk price supports
if he estimates that for such a fiscal year the net cost of Government
price support purchases will be less than $1,000,000,000 for that fiscal
year or if he estimates that the net Government price support purchases
will be less than a specified poundage per fiscal year for provision
specifying the procedure and setting a schedule to be used to determine
milk price supports for the period beginning Oct. 1, 1981, and ending
Sept. 30, 1985.
Pub. L. 97-35, Sec. 150(1), substituted provisions setting forth
price support levels for the period beginning Oct. 1, 1981, and ending
Sept. 30, 1985, for provisions setting forth price support levels for
the period beginning Oct. 1, 1977, and ending Sept. 30, 1981.
Subsec. (d). Pub. L. 97-98, Sec. 103(2), struck out subsec. (d)
which provided that, effective for the period beginning Oct. 1, 1982,
and ending Sept. 30, 1985, the support price of milk be adjusted by the
Secretary at the beginning of each semiannual period to reflect the
estimated change in the parity index during such semiannual period.
Pub. L. 97-35, Sec. 150(2), added subsec. (d).
Pub. L. 97-6 struck out subsec. (d) which required that, for the
period Oct. 1, 1977, to Sept. 30, 1981, the support price of milk be
adjusted semiannually.
Subsecs. (g), (h). Pub. L. 97-98, Secs. 801(2), 901(2), temporarily
added subsecs. (g) and (h). See Effective and Termination Dates of 1981
Amendments note below.
1980--Subsec. (e). Pub. L. 96-494 inserted proviso that 1981 crop of
soybeans shall be supported through loans and purchases at not less than
$5.02 per bushel.
1979--Subsec. (c). Pub. L. 96-127, Sec. 1(a), substituted Sept. 30,
1981, for Mar. 31, 1979.
Subsec. (d). Pub. L. 96-127, Sec. 1(b), substituted Sept. 30, 1981,
for Mar. 31, 1981.
1977--Pub. L. 95-113, Secs. 901(1), 902(1), temporarily inserted
references to soybeans, sugar beets, and sugar cane in provisions
preceding subsec. (a). See Effective and Termination Dates of 1977
Amendment note below.
Subsec. (c). Pub. L. 95-113, Sec. 203(1), substituted the period
Oct. 1, 1977, through Mar. 31, 1979, for the period Aug. 10, 1973,
through Mar. 31, 1975, as the period during which the price of milk
shall be supported at not less than 80 per centum of parity.
Subsec. (d). Pub. L. 95-113, Sec. 203(2), added subsec. (d).
Subsecs. (e), (f). Pub. L. 95-113, Secs. 901(2), 902(2), temporarily
added subsecs. (e) and (f). See Effective and Termination Dates of 1977
Amendment note below.
1973--Subsec. (b). Pub. L. 93-225 limited tung nuts price support
level provisions to tung nuts through the 1976 crop year. Prior
provisions were applicable to tung nuts without any crop year
restriction.
Subsec. (c). Pub. L. 93-86 inserted ``of pure and wholesome milk to
meet current needs, reflect changes in the cost of production, and
assure a level of farm income adequate to maintain productive capacity
sufficient to meet anticipated future needs'' after ``necessary in order
to assure an adequate supply'' and inserted provision that for the
period August 10, 1973, through March 31, 1975, the price of milk shall
be supported at not less than 80 per centum of the parity price
therefor.
1970--Pub. L. 91-524 substituted ``and milk'' for ``milk, butterfat,
and products of milk and butterfat'' in provisions preceding subsec. (a)
and struck out provisions for butterfat price supports in subsec. (c).
1960--Subsec. (c). Pub. L. 86-799 inserted ``Notwithstanding the
foregoing provisions, for the period beginning with September 16, 1960,
and ending March 31, 1961, the price of milk for manufacturing purposes
and the price of butterfat shall be supported at not less than $3.22 per
hundredweight and 59.6 cents per pound, respectively.''
1958--Subsec. (b). Pub. L. 85-835 required minimum support level of
tung oil to be 65 per centum of parity whenever domestic production is
less than anticipated domestic demand.
1956--Subsec. (c). Act July 20, 1956, struck out ``as are'' before
``devoted,'' and substituted ``children'' for ``underprivileged children
on a public welfare or charitable basis''.
Act Apr. 2, 1956 increased amount authorized for fiscal year 1956
from $50,000,000 to $60,000,000, to authorize $75,000,000 for each of
fiscal years 1957 and 1958, and permitted certain institutions devoted
to care and training of underprivileged children on a public welfare or
charitable basis to share in the program.
1954--Act Aug. 28, 1954, Secs. 203(a), 709, removed Irish potatoes
and wool (including mohair) from price support list in provisions
preceding subsec. (a).
Subsec. (a). Act Aug. 28, 1954, Sec. 709, struck out subsec. (a)
relating to support of wool and mohair.
Subsec. (b). Act Aug. 28, 1954, Sec. 203(a), struck out reference to
Irish potatoes.
Subsec. (c). Act Aug. 28, 1954, Sec. 204(b), provided for disposal
of surplus dairy stocks owned by CCC.
Effective and Termination Dates of 1990 Amendment
Amendment by sections 701(1), 901(1), and 1161(b) of 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 an Effective Date of 1990 Amendment note under section 1421 of this
title.
Section 2236(a) of Pub. L. 101-624 provided that the amendment by
that section is effective only for 1990 crop of sugarcane.
Effective and Termination Dates of 1989 Amendment
Section 1007 of Pub. L. 101-239 provided that the amendment made by
that section is effective only for calendar year 1990.
Effective and Termination Dates of 1987 Amendments
Section 1104(c) of Pub. L. 100-203 provided that the amendment made
by that section is effective only for 1987 through 1990 crops of honey.
Section 15(a) of Pub. L. 100-45 provided that the amendment made by
that section is effective for 1987 through 1990 crops of sunflowers.
Effective Date of 1986 Amendment
Section 10 of Pub. L. 99-260 provided that the amendment made by
that section is effective Mar. 1, 1986.
Effective and Termination Dates of 1985 Amendment
Section 101(f) of Pub. L. 99-198 provided that: ``The provisions of
this section [amending this section] shall become effective January 1,
1986.''
Section 801 of Pub. L. 99-198 provided that the amendment made by
that section is effective only for 1986 through 1990 crops of soybeans.
Section 901 of Pub. L. 99-198 provided that the amendment made by
that section is effective only for 1986 through 1990 crops of sugar
beets and sugarcane.
Section 1008 of Pub. L. 99-198 provided that the amendment made by
that section is effective only for 1985 through 1990 crops of peanuts,
soybeans, sugar beets, and sugarcane.
Section 1041 of Pub. L. 99-198 provided that the amendment made by
that section is effective only for 1986 through 1990 crops of honey.
Effective Date of 1982 Amendment
Section 101(1) of Pub. L. 97-253 provided that the amendment made by
that section is effective Oct. 1, 1982.
Effective and Termination Dates of 1981 Amendments
Section 801 of Pub. L. 97-98 provided that the amendment made by
that section is effective only for 1982 through 1985 crop of soybeans.
Section 901 of Pub. L. 97-98 provided that the amendment made by
that section is effective only for 1982 through 1985 crop of sugar beets
and sugarcane.
Amendment by section 103 of Pub. L. 97-98 effective Dec. 22, 1981,
see section 1801 of Pub. L. 97-98, set out as an Effective Date note
under section 4301 of this title.
Section 150 of Pub. L. 97-35 provided that the amendment made by
that section is effective Oct. 1, 1981.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-494 effective Dec. 3, 1980, see section 213
of Pub. L. 96-494, set out as an Effective Date note under section 4001
of this title.
Effective and Termination Dates of 1977 Amendment
Section 901 of Pub. L. 95-113 provided that the amendment made by
that section is effective only with respect to 1978 through 1981 crops
of soybeans.
Section 902 of Pub. L. 95-113 provided that the amendment made by
that section is effective only with respect to 1977 and 1978 crops of
sugar beets and sugar cane.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, except as
otherwise specifically provided, see section 1901 of Pub. L. 95-113, set
out as a note under section 1307 of this title.
Effective Date of 1973 Amendment
Section 1(3)(B) of Pub. L. 93-86 provided that the amendment made by
that section is effective Apr. 1, 1974.
Effective and Termination Dates of 1970 Amendment
Section 202 of Pub. L. 91-524 provided that the amendment made by
that section is effective only with respect to the period beginning Apr.
1, 1971, and ending Mar. 31, 1974. Pub. L. 93-86, Sec. 1(3)(A), Aug. 10,
1973, 87 Stat. 222, amended section 202 of Pub. L. 91-524 by striking
out provision making amendments by section 202 effective for the period
Apr. 1, 1971, to Mar. 31, 1974.
Effective Date of 1954 Amendment
Section 709 of act Aug. 28, 1954, which provided that the amendment
of this section by act Aug. 28, 1954, was effective Apr. 1, 1955, was
repealed by Pub. L. 103-130, Sec. 3(a), Nov. 1, 1993, 107 Stat. 1369,
eff. Dec. 31, 1995.
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)(8) 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)(H) of this
title.
Application of 1990 Amendments
Section 107 of title I of Pub. L. 101-624 provided that: ``The
amendments made by this title [enacting section 1446e of this title,
amending sections 450l, 608c, and 1446a of this title and section 713a-
14 of Title 15, Commerce and Trade, and amending provisions set out as
notes under sections 608c and 1731 of this title] shall not affect any
liability of any person under section 201 of the Agricultural Act of
1949 (7 U.S.C. 1446) as in effect before the date of the enactment of
this Act [Nov. 28, 1990].''
Modification of Milk Production Termination Program
Section 128 of Pub. L. 102-237 provided that if, with respect to any
natural disaster occurring during period beginning on Oct. 1, 1990, and
ending on Feb. 1, 1991, the Secretary of Agriculture determines that
natural disaster renders unusable land or milk production facilities of
producers on a farm, the Secretary shall allow the producers to transfer
the production unit (including dairy animals and equipment) to farm
idled under milk production termination program established under
subsec. (d)(3) of this section, without penalty, if the producers on the
farm agree to comply with all terms and conditions of program contract
for remainder of contract period.
Triggered Marketing Loans and Export Enhancement
Pub. L. 100-418, title IV, Sec. 4301, Aug. 23, 1988, 102 Stat. 1395,
directed President, if, before Jan. 1, 1990, law had not been enacted in
accordance with 19 U.S.C. 2191 implementing agreement negotiated under
Uruguay round of multilateral trade negotiations conducted under General
Agreement on Tariffs and Trade concerning agricultural trade, to submit,
not later than 45 days after such date, report to Congress describing
status of GATT negotiations concerning agricultural trade, and to
certify to Congress whether significant progress had been made in
negotiations, and provided authority for a marketing loan program if
President did not so certify, and authority for an export enhancement
program, if President waived or discontinued marketing loan program,
prior to repeal by Pub. L. 104-127, title II, Sec. 263(b), (c), Apr. 4,
1996, 110 Stat. 974, effective beginning with 1996 crops of wheat, feed
grains, upland cotton, and rice.
Price Support Programs for Sunflower Seeds and Cottonseed
Pub. L. 100-418, title IV, Sec. 4302, Aug. 23, 1988, 102 Stat. 1397,
directed Secretary to support price of 1990 crop of sunflower seeds and
cottonseed if producers were permitted to repay loans for 1990 crop of
soybeans under subsec. (i) of this section at level that was less than
full amount of loan pursuant to section 4301 of Pub. L. 100-418
(formerly set out as a note above), and provided that, if marketing loan
program for 1990 crop of soybeans was discontinued under section
4301(b)(3) of Pub. L. 100-418, Secretary was to discontinue such price
support programs for sunflower seeds and cottonseed.
Temporary Increase in Price Support for Milk; Implementation
Pub. L. 101-7, Sec. 1, Mar. 29, 1989, 103 Stat. 9, provided for
allocation of price support increases and decreases between non-fat dry
milk and butter with respect to purchases of butter and non-fat dry milk
made under subsec. (d) of this section, in carrying out temporary $0.50
per hundredweight increase in rate of price support for milk provided
for in section 102(b) of Pub. L. 100-387 (formerly set out below) and in
implementing $0.50 per hundredweight decrease in rate of price support
for milk scheduled to occur on July 1, 1989, as provided in such section
102(b).
Section 102(b) of Pub. L. 100-387 provided that notwithstanding
subsec. (d)(1) of this section, the rate of price support for milk in
effect under such subsection immediately before Apr. 1, 1989, shall be
increased by 50 cents throughout the period beginning on Apr. 1, 1989,
and ending on June 30, 1989.
Report to Committees of Congress
Section 301(a)(2) of Pub. L. 100-387, directed Secretary of
Agriculture, not earlier than Feb. 1, 1989, and not later than Mar. 1,
1989, with respect to 1989 crop of soybeans, and not later than Sept. 1,
1989, with respect to 1990 crop of soybeans, to submit to Congress
statement setting forth reasons for implementing or not implementing
soybean marketing loan program authorized under subsec. (i)(3) of this
section.
Sense of Congress
Section 15(b) of Pub. L. 100-45 stated sense of Congress that, if
producers were permitted to repay loans for a crop of soybeans under
subsec. (i) of this section at a level that is less than the full amount
of the loan, the Secretary should make loans and purchases available for
such crop of sunflowers in accordance with subsec. (l)(1) of this
section and permit producers to repay such loans in accordance with
subsec. (l)(2) of this section.
Application of Support Price for Milk
Section 103 of Pub. L. 99-198 provided that for purposes of
supporting price of milk under subsec. (d) of this section, the
Secretary of Agriculture was not to take into consideration any market
value of whey.
Avoidance of Adverse Effect of Milk Production Termination Program on
Beef, Pork, and Lamb Producers
Section 104 of Pub. L. 99-198, directed Secretary of Agriculture, in
order to minimize adverse effect of milk production termination program
on beef, pork, and lamb producers during 18-month period for which such
program was in effect under subsec. (d) of this section, to use funds
available under specific programs of Department of Agriculture to
purchase and distribute quantities of red meat in addition to those
quantities normally purchased and distributed by Secretary, directed
Secretary of Defense and other Federal agencies to use increased
quantities of red meat to meet food needs of programs they administered,
encouraged State agencies to cooperate in such effort, and directed
Secretary of Agriculture to encourage consumption of red meat by the
public.
Circumvention of Historical Distribution of Milk
Section 107 of Pub. L. 99-198 directed Secretary of Agriculture to
monitor Commodity Credit Corporation purchases of milk products during
1986 and 1987 and report to Congress, on a quarterly basis, on
disruptions of, or attempts by handlers or cooperative marketing
associations to circumvent, historical distribution of milk among
processors during the milk production termination program.
Application of 1985 Amendments
Section 108 of subtitle A (Secs. 101-108) of title I of Pub. L. 99-
198 provided that: ``The amendments made by this subtitle [enacting
section 1446c-2 of this title, amending this section, and enacting
provisions set out as notes above] shall not affect any liability of any
person under section 201 of the Agricultural Act of 1949 (7 U.S.C. 1446)
as in effect before the date of the enactment of this Act [Dec. 23,
1985].''
National Commission on Dairy Policy
Subtitle D (Secs. 141-146) of title I of Pub. L. 99-198, as amended
by Pub. L. 100-28, Sec. 1, Apr. 24, 1987, 101 Stat. 291, established a
National Commission on Dairy Policy to study and make recommendations
concerning future operation of the Federal program established to
support price of milk marketed by producers in the United States,
directed Commission to submit to Secretary of Agriculture and Congress,
not later than Mar. 31, 1988, a report containing results of its study
and its recommendations, and provided for termination of Commission 30
days after submitting its report.
Applicability of Subsection (d)(2), (3) to 48 Contiguous States,
December 1983, Through May 1984
Pub. L. 98-213, Sec. 14, Dec. 8, 1983, 97 Stat. 1462, provided that
effective with respect to milk marketed for commercial use during period
beginning on Dec. 1, 1983 and ending on May 31, 1984, subsec. (d)(2) and
(3) of this section was to apply only to milk produced in the forty-
eight contiguous States.
Implementation of Subsection (d) Without Regard to Public Participation
in Rulemaking
Section 102 of Pub. L. 99-198 provided that 5 U.S.C. 553 was not to
apply with respect to implementation of subsec. (d) of this section by
the Secretary of Agriculture.
Section 102(b) of Pub. L. 98-180 directed Secretary of Agriculture
to implement provisions of subsec. (d) of this section, as amended by
section 102(a) of Pub. L. 98-180, without regard to the provisions
requiring notice and other procedures for public participation in
rulemaking contained in 5 U.S.C. 553.
Avoidance of Adverse Impact of Dairy Diversion Program on Beef and Pork
Producers
Section 103 of Pub. L. 98-180 provided that in order to minimize
adverse impact of the dairy diversion program on beef and pork
producers, Secretary of Agriculture was to use funds available for
purposes of 7 U.S.C. 612c(2) and other funds available under commodity
distribution and other nutrition programs of Department of Agriculture
to increase use of beef and pork for such purposes, Secretary of Defense
and other Federal and State agencies were encouraged to use increased
quantities of beef and pork to meet food needs of programs which they
administered, and Secretary of Agriculture was to take appropriate
action to encourage consumption of beef and pork by members of public.
Price Support of Milk for Period Beginning October 1, 1981, and Ending
No Later Than December 31, 1981
Pub. L. 97-67, Sec. 1, Oct. 20, 1981, 95 Stat. 1039, as amended by
Pub. L. 97-77, Sec. 2(a), Nov. 13, 1981, 95 Stat. 1069, provided that
notwithstanding provisions of subsec. (c) of this section, the price of
milk was to be supported at the level of $13.10 per hundredweight for
milk containing 3.67 per centum butterfat for the period beginning Oct.
1, 1981, and ending Dec. 22, 1981.
Continuation of Special Milk Program for Children
Pub. L. 85-478, July 1, 1958, 72 Stat. 276, as amended by Pub. L.
86-10, Apr. 3, 1959, 73 Stat. 15; Pub. L. 86-163, Aug. 18, 1959, 73
Stat. 363; Pub. L. 86-446, Secs. 1, 2, Apr. 29, 1960, 74 Stat. 84; Pub.
L. 87-67, June 30, 1961, 75 Stat. 147; Pub. L. 87-128, title IV,
Sec. 402, Aug. 8, 1961, 75 Stat. 319, authorized, for the fiscal years
1960-1962, the use of the funds of the Commodity Credit Corporation to
increase the consumption of fluid milk by children (1) in nonprofit
schools of high-school grade and under; and (2) in nonprofit nursery
schools, child-care centers, settlement houses, summer camps, and
similar nonprofit institutions devoted to the care and training of
children. Appropriations were further authorized for fiscal years 1963-
1967 for the same purposes.
Study of Production Control and Price Supports; Report of Congress
Section 204(f) of act Aug. 28, 1954, directed Secretary of
Agriculture to make a study of various methods of production control and
of various methods of price support which could be made applicable to
milk and butterfat and their products, including programs to be operated
and financed by dairymen; and to submit to Congress on or before the 3d
day of January 1955 a detailed report thereof showing among other things
the probable costs and effects of each type of operation studied and the
legislation, if any, needed to put it into effect.
Section Referred to in Other Sections
This section is referred to in sections 612c, 1447, 4514, 7301, 7992
of this title; title 2 section 906.
