7 U.S.C. § 1461 — Untitled legal text

Page 787 TITLE 7—AGRICULTURE §§ 1461 to 1469 Not more than 102 ........................................... 90 More than 102 but not more than 104 .............. 89 More than 104 but not more than 106 .............. 88 More than 106 but not more than 108 .............. 87 More than 108 but not more than 110 .............. 86 More than 110 but not more than 112 .............. 85 More than 112 but not more than 114 .............. 84 More than 114 but not more than 116 .............. 83 More than 116 but not more than 118 .............. 82 More than 118 but not more than 120 .............. 81 More than 120 but not more than 122 .............. 80 More than 122 but not more than 124 .............. 79 More than 124 but not more than 126 .............. 78 More than 126 but not more than 128 .............. 77 More than 128 but not more than 130 .............. 76 More than 130 .................................................. 75 Provided, That the level of price support may be less than the minimum level provided in the foregoing table if the Secretary, after examina- tion of the availability of funds for mandatory price support programs and consideration of the other factors specified in section 1421(b) of this title, determines that such lower level is desir- able and proper. (Oct. 31, 1949, ch. 792, title III, § 302, 63 Stat. 1053.) Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(9) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(9) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(9) 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)(I) of this title. § 1449. Determination of price support level In determining the level of price support for any nonbasic agricultural commodity under sec- tions 1447 to 1449 of this title, particular consid- eration shall be given to the levels at which the prices of competing agricultural commodities are being supported. (Oct. 31, 1949, ch. 792, title III, § 303, 63 Stat. 1053.) Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(9) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(9) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(9) 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)(I) of this title. § 1450. Repealed. Aug. 28, 1954, ch. 1041, title II, § 203(b), 68 Stat. 899 Section, acts Mar. 31, 1950, ch. 81, § 5, 64 Stat. 42; Jan. 30, 1954, ch. 2, § 5(a), 68 Stat. 7, provided that for the crop year of 1951 and thereafter, no price support would be available for Irish potatoes unless marketing quotas were in effect. SUBCHAPTER IV—ACREAGE BASE AND YIELD SYSTEM §§ 1461 to 1469. Omitted Editorial Notes CODIFICATION Sections 1461 to 1469 were omitted pursuant to section 1469 which provided that this subchapter was to be ef- fective only for the 1991 through 1997 program crops. Section 1461, act Oct. 31, 1949, ch. 792, title V, § 501, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1460; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3491, related to purpose of subchapter to prescribe system for establishing crop acreage bases and program payment yields for wheat, feed grains, up- land cotton, and rice programs. A prior section 1461, act Oct. 31, 1949, ch. 792, title V, § 501, as added July 12, 1951, ch. 223, 65 Stat. 119; amend- ed Mar. 16, 1954, ch. 98, 68 Stat. 28, provided for powers, duties, and guaranties of Secretary of Labor as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964. Section 1462, act Oct. 31, 1949, ch. 792, title V, § 502, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1461; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3491, defined terms for this subchapter. A prior section 1462, act Oct. 31, 1949, ch. 792, title V, § 502, as added July 12, 1951, ch. 223, 65 Stat. 119; amend- ed Aug. 9, 1955, ch. 679, § 2, 69 Stat. 615; Oct. 3, 1961, Pub. L. 87–345, § 1, 75 Stat. 761, related to liabilities and guar- anties of employers as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964. Section 1463, act Oct. 31, 1949, ch. 792, title V, § 503, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1461; amended Pub. L. 100–387, title III, § 302(a), Aug. 11, 1988, 102 Stat. 947; Pub. L. 101–81, § 2, Aug. 14, 1989, 103 Stat. 563; Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3491; Pub. L. 102–237, title I, § 112(a), (b), Dec. 13, 1991, 105 Stat. 1836; Pub. L. 103–66, title I, § 1101(b)(2)(A), Aug. 10, 1993, 107 Stat. 314, established crop acreage bases for each program crop. A prior section 1463, act Oct. 31, 1949, ch. 792, title V, § 503, as added July 12, 1951, ch. 223, 65 Stat. 120; amend- ed Aug. 9, 1955, ch. 679, § 3, 69 Stat. 615; Oct. 3, 1961, Pub. L. 87–345, § 2, 75 Stat. 761, related to certification of need for workers, consultation with employers and workers, and posting of information as part of a pro- gram for recruiting agricultural workers from Mexico for employment up to December 31, 1964. A prior section 1463a, act Oct. 31, 1949, ch. 792, title V, § 504, as added Oct. 3, 1961, Pub. L. 87–345, § 3, 75 Stat. 761, restricted duration and nature of employment as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964. Section 1464, act Oct. 31, 1949, ch. 792, title V, § 504, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1461; amended Pub. L. 99–253, § 4, Feb. 28, 1986, 100 Stat. 37; Pub. L. 99–260, § 8, Mar. 20, 1986, 100 Stat. 51; Pub. L. 100–387, title III, § 301(a)(1), Aug. 11, 1988, 102 Stat. 945; Pub. L. 101–81, § 1, Aug. 14, 1989, 103 Stat. 563; Pub. L. 101–82, title VI, § 603(a), Aug. 14, 1989, 103 Stat. 587; Pub. L. 101–239, title I, § 1002(a), Dec. 19, 1989, 103 Stat. 2106; Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3494; Pub. L. 102–237, title I, § 112(c), Dec. 13, 1991, 105 Stat. 1837, provided for planting flexibility. A prior section 1464, act Oct. 31, 1949, ch. 792, title V, § 505, formerly § 504, as added July 12, 1951, ch. 223, 65 Page 788 TITLE 7—AGRICULTURE § 1471 1 So in original. Probably should not be capitalized. 2 See References in Text note below. Stat. 120, and renumbered Oct. 3, 1961, Pub. L. 87–345, § 3, 75 Stat. 761, related to workers subject to immigration laws, dispensed with need of penalty bond, and provided for effect of use of ‘‘wetback’’ labor as part of a pro- gram for recruiting agricultural workers from Mexico for employment up to December 31, 1964. Section 1465, act Oct. 31, 1949, ch. 792, title V, § 505, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1462; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3495; Pub. L. 103–66, title I, § 1101(b)(2)(B), Aug. 10, 1993, 107 Stat. 314, provided for farm program payment yields. A prior section 1465, act Oct. 31, 1949, ch. 792, title V, § 506(c), formerly § 505(c), as added July 12, 1951, ch. 223, 65 Stat. 121, and renumbered Oct. 3, 1961, Pub. L. 87–345, § 3, 75 Stat. 761, provided for an exemption from a head tax as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964. A prior section 1465a, act Oct. 31, 1949, ch. 792, title V, § 506(d), as added Oct. 3, 1961, Pub. L. 87–345, § 4, 75 Stat. 761, provided for illness or disability tax as part of a program for recruiting agricultural workers from Mex- ico for employment up to December 31, 1964. Section 1466, act Oct. 31, 1949, ch. 792, title V, § 506, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1463; amended Pub. L. 99–260, § 3, Mar. 20, 1986, 100 Stat. 48; Pub. L. 100–203, title I, § 1109, Dec. 22, 1987, 101 Stat. 1330–6; Pub. L. 101–220, § 11(a), Dec. 12, 1989, 103 Stat. 1882; Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3497, provided for planting and production history of farms. A prior section 1466, act Oct. 31, 1949, ch. 792, title V, § 507, formerly § 506, as added July 12, 1951, ch. 223, 65 Stat. 121; renumbered § 507, Oct. 3, 1961, Pub. L. 87–345, § 3, 75 Stat. 761, related to utilization of Federal and State agencies by Secretary of Labor as part of a pro- gram for recruiting agricultural workers from Mexico for employment up to December 31, 1964. Section 1467, act Oct. 31, 1949, ch. 792, title V, § 507, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1463; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3497, provided for establishment of bases and yields by county committees. A prior section 1467, act Oct. 31, 1949, ch. 792, title V, § 508, formerly § 507, as added July 12, 1951, ch. 223, 65 Stat. 121; renumbered § 508 and amended Oct. 3, 1961, Pub. L. 87–345, §§ 3, 5, 75 Stat. 761, defined ‘‘agricultural employment’’ and ‘‘employer’’ for purposes of the pro- gram for recruiting agricultural workers from Mexico for employment up to December 31, 1964. Section 1468, act Oct. 31, 1949, ch. 792, title V, § 508, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1464; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3497, provided for administrative appeals procedure. A prior section 1468, act Oct. 31, 1949, ch. 792, title V, § 509, formerly § 508, as added July 12, 1951, ch. 223, 65 Stat. 121; renumbered § 509, Oct. 3, 1961, Pub. L. 87–345, § 3, 75 Stat. 761, related to importation of workers from other foreign countries with regard to a program of re- cruiting agricultural workers from Mexico for employ- ment up to December 31, 1964. Section 1469, act Oct. 31, 1949, ch. 792, title V, § 509, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1464; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3497; Pub. L. 103–66, title I, § 1101(b)(2)(C), Aug. 10, 1993, 107 Stat. 314, provided that subchapter was to be effective only for the 1991 through 1997 pro- gram crops. A prior section 509, formerly 508, of act Oct. 31, 1949, was formerly classified to section 1468 of this title. See note set out above. SUBCHAPTER V—EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988 § 1471. Definitions As used in this subchapter: (1) The term ‘‘livestock producer’’ means— (A) a person that is actively engaged in farming and that receives a substantial amount of total income from the production of grain or livestock, as determined by the Secretary, that is— (i) an established producer or husbander of livestock or a dairy producer who is a citizen of, or legal resident alien in, the United States; or (ii) a farm cooperative, private domestic corporation, partnership, or joint oper- ation in which a majority interest is held by members, stockholders, or partners who are citizens of, or legal resident aliens in, the United States, if such cooperative, cor- poration, partnership, or joint operation is engaged in livestock production or hus- bandry, or dairy production; or (B) Any 1 of the following entities that is actively engaged in livestock production or husbandry, or dairy production— (i) any Indian tribe (as defined in section 5304(b) of title 25); 2 (ii) any Indian organization or entity chartered under the Act of June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C. 461 et seq.),2 commonly known as the ‘‘Indian Re- organization Act’’; (iii) any tribal organization (as defined in section 5304(c) of title 25); 2 or (iv) any economic enterprise (as defined in section 1452(e) of title 25); (2) The term ‘‘livestock’’ means cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poul- try), llamas, alpacas, live fish, crawfish, and other animals that— (A) are part of a foundation herd (includ- ing producing dairy cattle) or offspring; or (B) are purchased as part of a normal oper- ation and not to obtain additional benefits under this subchapter. (3) The term ‘‘State’’ means any State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, or Guam. (4) The term ‘‘feed’’, for the purposes of emergency feed assistance, means any type of feed (including feed grain, oilseed meal, pre- mix or mixed feed, liquid or dry supplemental feed, roughage, pasture, or forage) that— (A) best suits the livestock producer’s op- eration; and (B) is consistent with acceptable feed prac- tices. (5) The term ‘‘area’’ includes any Indian res- ervation (as defined in section 1985(e)(1)(D)(ii) 2 of this title). (Oct. 31, 1949, ch. 792, title VI, § 602, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 926; amended Pub. L. 108–447, div. A, title VII, § 785(b)(1), Dec. 8, 2004, 118 Stat. 2850; Pub. L. 109–97, title VII, § 784(b)(1), Nov. 10, 2005, 119 Stat. 2162; Pub. L. 115–334, title XII, § 12104, Dec. 20, 2018, 132 Stat. 4942.)