§ 1731. — Commodity determinations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1731]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER IV--GENERAL AUTHORITIES AND REQUIREMENTS
Sec. 1731. Commodity determinations
(a) Availability of commodities
No agricultural commodity shall be available for disposition under
this chapter if the Secretary determines that the disposition would
reduce the domestic supply of the commodity below the supply needed to
meet domestic requirements and provide adequate carryover (as determined
by the Secretary), unless the Secretary determines that some part of the
supply should be used to carry out urgent humanitarian purposes under
this chapter.
(b) Ineligible commodities
(1) Alcoholic beverages
Alcoholic beverages shall not be made available for disposition
under this chapter.
(2) Tobacco
Tobacco or the products thereof shall not be made available
under section 1727b of this title or subchapter III of this chapter.
(c) Market development activities
Subsection (b)(1) of this section shall not be construed to prohibit
representatives of the United States wine, beer, distilled spirits, or
other alcoholic beverage industry from participating in agricultural
market development activities carried out by the Secretary with foreign
currencies made available under subchapter II of this chapter.
(July 10, 1954, ch. 469, title IV, Sec. 401, as added Pub. L. 86-341,
title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 87-703,
title II, Sec. 201(1), Sept. 27, 1962, 76 Stat. 610; Pub. L. 89-808,
Sec. 2(E), Nov. 11, 1966, 80 Stat. 1535; Pub. L. 95-88, title II,
Sec. 212, Aug. 3, 1977, 91 Stat. 551; Pub. L. 95-113, title XII,
Sec. 1204, Sept. 29, 1977, 91 Stat. 956; Pub. L. 96-53, title II,
Sec. 208, Aug. 14, 1979, 93 Stat. 370; Pub. L. 101-624, title XV,
Sec. 1512, Nov. 28, 1990, 104 Stat. 3645; Pub. L. 104-127, title II,
Sec. 212, Apr. 4, 1996, 110 Stat. 955.)
Amendments
1996--Pub. L. 104-127 added subsec. (a) and struck out former
subsec. (a) which authorized Secretary, after consultation with other
affected Federal agencies, to determine agricultural commodities and
quantities thereof available for disposition, redesignated subsec. (e)
as (b) and struck out former subsec. (b) which provided for modification
of determination by Secretary, redesignated subsec. (f) as (c) and
substituted ``(b)(1)'' for ``(e)(1)'', struck out former subsec. (c)
which provided for nonavailability of commodities if domestic supply of
such commodities was adversely affected, and struck out subsec. (d)
which outlined policies for distribution of commodities to developing
countries.
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions authorizing Secretary to determine
types and quantities of commodities available for distribution, limiting
distribution where domestic supply is threatened, and requiring
available storage facilities in recipient country prior to making
commodities available to such country as well as finding that
distribution will not result in interference with production or
marketing in that country.
1979--Subsec. (b)(2). Pub. L. 96-53 substituted ``to or interference
with domestic production or marketing in'' for ``to domestic production
in''.
1977--Subsec. (a). Pub. L. 95-113 inserted provisions under which
commodities may be made available for disposition if the Secretary of
Agriculture determines that some part of the supply of commodities
should be used to carry out urgent humanitarian purposes, even though
such disposition would reduce the domestic supply of those commodities
below that needed to meet domestic requirements, provide adequate
carryover, and allow for anticipated exports.
Pub. L. 95-88 designated existing provisions as subsec. (a).
Subsec. (b). Pub. L. 95-88 added subsec. (b).
1966--Pub. L. 89-808 substituted provisions relating to
determination and criteria for such determination by the Secretary of
Agriculture of agricultural commodities available for disposition for
former statement of purpose of provisions relating to long-term supply
contracts, now covered by subchapter II of this chapter.
1962--Pub. L. 87-703 included in the statement of purpose the
stimulation and increase of sales of surplus agricultural commodities
for dollars through long-term supply contracts and through the extension
of credit for the purchase of such commodities, by agreements with
friendly nations or with private trade.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section
1513 of Pub. L. 101-624, set out as a note under section 1691 of this
title.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of Title
22, Foreign Relations and Intercourse.
Effective Date of 1977 Amendments
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.
Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section 215
of Pub. L. 95-88, set out as a note under section 1702 of this title.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5 of
Pub. L. 89-808, set out as a note under section 1691 of this title.
Export Sales of Dairy Products
Pub. L. 99-198, title XI, Sec. 1163, Dec. 23, 1985, 99 Stat. 1499,
as amended by Pub. L. 100-435, title I, Sec. 107, Sept. 19, 1988, 102
Stat. 1651; Pub. L. 101-624, title I, Sec. 111, Nov. 28, 1990, 104 Stat.
3380; Pub. L. 103-465, title IV, Sec. 411(c), Dec. 8, 1994, 108 Stat.
4963, provided that:
``(a) In each fiscal year, the Secretary of Agriculture may sell
dairy products for export, at such prices as the Secretary determines
appropriate, in a quantity and allocated as determined by the Secretary,
consistent with the obligations undertaken by the United States set
forth in the Uruguay Round Agreements, if the disposition of the
commodities will not interfere with the usual marketings of the United
States nor disrupt world prices of agricultural commodities and patterns
of commercial trade.
``(b) Such sales shall be made through the Commodity Credit
Corporation under existing authority available to the Secretary or the
Commodity Credit Corporation.
``(c) Through September 30, 1995, the Secretary shall report
semiannually to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate on the volume of sales made under this section.''
[Amendment of section 1163 of Pub. L. 99-198, set out above, by Pub.
L. 103-465 effective on the date of entry into force of the WTO
Agreement with respect to the United States (Jan. 1, 1995), except as
otherwise provided, see section 451 of Pub. L. 103-465, set out as an
Effective Date note under section 3601 of Title 19, Customs Duties.]
[Amendment of section 1163 of Pub. L. 99-198, set out above, by Pub.
L. 100-435 effective and implemented on Oct. 1, 1988, see section 701 of
Pub. L. 100-435, set out as a note under section 2012 of this title.]
Section Referred to in Other Sections
This section is referred to in sections 1736, 1736f-1, 1736o of this
title.
