7 U.S.C. § 1321 — Legislative finding of effect on interstate

Page 617 TITLE 7—AGRICULTURE § 1321 Section 1314h, act Feb. 16, 1938, ch. 30, title III, § 320B, as added Pub. L. 99–272, title I, § 1106(a), Apr. 7, 1986, 100 Stat. 90; amended Pub. L. 108–357, title VI, § 613, Oct. 22, 2004, 118 Stat. 1524, related to purchase requirements and penalty for failure to meet them. Section 1314i, act Feb. 16, 1938, ch. 30, title III, § 320C, as added Pub. L. 103–66, title I, § 1106(a), Aug. 10, 1993, 107 Stat. 318; amended Pub. L. 103–465, title IV, § 422(a), Dec. 8, 1994, 108 Stat. 4964, related to quantity of to- bacco grown in the United States that is required to be used by a cigarette manufacturer. Section 1314j, act Feb. 16, 1938, ch. 30, title III, § 320D, as added Pub. L. 106–47, § 1, Aug. 13, 1999, 113 Stat. 228, and Pub. L. 106–78, title VII, § 755(b), Oct. 22, 1999, 113 Stat. 1170; amended Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 211], Nov. 29, 1999, 113 Stat. 1536, 1501A–295, re- lated to release of tobacco production and marketing information. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title. SAVINGS PROVISION Repeal not to affect the liability of any person under this subpart with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. TOBACCO DEFINITION AND INCREASE OF MARKETING QUOTAS AND ACREAGE ALLOTMENTS TO MEET DE- MAND UNAFFECTED BY ACREAGE-POUNDAGE MAR- KETING QUOTAS AND PRICE SUPPORT PROVISIONS Pub. L. 89–12, § 4, Apr. 16, 1965, 79 Stat. 72, which pro- vided that nothing in the Act could be construed as af- fecting the authority or responsibility of the Secretary of Agriculture under former sections 1301(b)(15) or 1313(i) of this title with respect to providing that dif- ferent types of tobacco were to be treated as different kinds of tobacco, or with respect to increasing allot- ments or quotas for farms producing certain types of tobacco, was repealed by Pub. L. 108–357, title VI, §§ 611(n), 643, Oct. 22, 2004, 118 Stat. 1523, 1536, applicable to the 2005 and subsequent crops of tobacco. § 1315. Repealed. Pub. L. 108–357, title VI, § 611(o), Oct. 22, 2004, 118 Stat. 1523 Section, acts July 12, 1952, ch. 709, 66 Stat. 597; Mar. 31, 1955, ch. 21, § 2, 69 Stat. 24, related to additional Bur- ley tobacco acreage allotments. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title. SAVINGS PROVISION Repeal not to affect the liability of any person under this section with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. § 1316. Repealed. Pub. L. 108–357, title VI, § 611(p), Oct. 22, 2004, 118 Stat. 1523 Section, Pub. L. 89–321, title VII, § 703, Nov. 3, 1965, 79 Stat. 1210; Pub. L. 91–284, § 6, June 19, 1970, 84 Stat. 314; Pub. L. 97–218, title II, § 205(b), July 20, 1982, 96 Stat. 206, related to transfer of allotments subsequent to 1965. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title. SAVINGS PROVISION Repeal not to affect the liability of any person under this section with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. SUBPART II—ACREAGE ALLOTMENTS—CORN Editorial Notes AMENDMENTS 1954—Act Aug. 28, 1954, ch. 1041, title III, § 303, 68 Stat. 902, substituted ‘‘Acreage Allotments—Corn’’ for ‘‘Mar- keting Quotas—Corn’’ in subpart II heading. § 1321. Legislative finding of effect on interstate and foreign commerce and necessity of regu- lation Corn is a basic source of food for the Nation, and corn produced in the commercial corn-pro- ducing area moves almost wholly in interstate and foreign commerce in the form of corn, live- stock, and livestock products. Abnormally excessive and abnormally defi- cient supplies of corn acutely and directly af- fect, burden, and obstruct interstate and foreign commerce in corn, livestock, and livestock prod- ucts. When abnormally excessive supplies exist, transportation facilities in interstate and for- eign commerce are overtaxed, and the handling and processing facilities through which the flow of interstate and foreign commerce in corn, live- stock, and livestock products is directed become acutely congested. Abnormally deficient sup- plies result in substantial decreases in livestock production and in an inadequate flow of live- stock and livestock products in interstate and foreign commerce, with the consequence of un- reasonably high prices to consumers. Violent fluctuations from year to year in the available supply of corn disrupt the balance be- tween the supply of livestock and livestock products moving in interstate and foreign com- merce and the supply of corn available for feed- ing. When available supplies of corn are exces- sive, corn prices are low and farmers overexpand livestock production in order to find outlets for corn. Such expansion, together with the relative scarcity and high price of corn, forces farmers to market abnormally excessive supplies of live- stock in interstate commerce at sacrifice prices, endangering the financial stability of producers, and overtaxing handling and processing facili- ties through which the flow of interstate and foreign commerce in livestock and livestock products is directed. Such excessive marketings deplete livestock on farms, and livestock mar- keted in interstate and foreign commerce con- sequently becomes abnormally low, with result- ant high prices to consumers and danger to the financial stability of persons engaged in trans- porting, handling, and processing livestock in interstate and foreign commerce. These high prices in turn result in another overexpansion of livestock production. Page 618 TITLE 7—AGRICULTURE § 1322 Recurring violent fluctuations in the price of corn resulting from corresponding violent fluc- tuations in the supply of corn directly affect the movement of livestock in interstate commerce from the range cattle regions to the regions where livestock is fattened for market in inter- state and foreign commerce, and also directly affect the movement in interstate commerce of corn marketed as corn which is transported from the regions where produced to the regions where livestock is fattened for market in inter- state and foreign commerce. Substantially all the corn moving in inter- state commerce, substantially all the corn fed to livestock transported in interstate commerce for fattening, and substantially all the corn fed to livestock marketed in interstate and foreign commerce, is produced in the commercial corn- producing area. Substantially all the corn pro- duced in the commercial corn-producing area, with the exception of a comparatively small amount used for farm consumption, is either sold or transported in interstate commerce, or is fed to livestock transported in interstate com- merce for feeding, or is fed to livestock mar- keted in interstate and foreign commerce. Al- most all the corn produced outside the commer- cial corn-producing area is either consumed, or is fed to livestock which is consumed, in the State in which such corn is produced. The conditions affecting the production and marketing of corn and the livestock products of corn are such that, without Federal assistance, farmers, individually or in cooperation, cannot effectively prevent the recurrence of disparities between the supplies of livestock moving in interstate and foreign commerce and the supply of corn available for feeding, and provide for or- derly marketing of corn in interstate and for- eign commerce and livestock and livestock products in interstate and foreign commerce. The national public interest requires that the burdens on interstate and foreign commerce above described be removed by the exercise of Federal power. By reason of the administrative and physical impracticability of regulating the movement of livestock and livestock products in interstate and foreign commerce and the inad- equacy of any such regulation to remove such burdens, such power can be feasibly exercised only by providing for the withholding from mar- ket of excessive and burdensome supplies of corn in times of excessive production, and providing a reserve supply of corn available for market in times of deficient production, in order that a stable and continuous flow of livestock and live- stock products in interstate and foreign com- merce may at all times be assured and main- tained. (Feb. 16, 1938, ch. 30, title III, § 321, 52 Stat. 48.) 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(a)(1) 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(a)(1) 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(a)(1) of this title. Section inapplicable to 1996 through 2001 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(a)(1)(A) of this title. § 1322. Repealed. Aug. 28, 1954, ch. 1041, title III, § 304, 68 Stat. 902 Section, acts Feb. 16, 1938, ch. 30, title III, § 322, 52 Stat. 49; July 3, 1948, ch. 827, title II, § 203, 62 Stat. 1255; Oct. 31, 1949, ch. 792, title IV, § 409(e), 63 Stat. 1057, re- lated to establishment, referendum, and suspension of farm marketing quotas. § 1322a. Repealed. July 3, 1948, ch. 827, title II, § 203(b), 62 Stat. 1256 Section, act July 26, 1939, ch. 378, 53 Stat. 1125, related to time for proclamation of referendum. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 of this title. §§ 1323 to 1325. Repealed. Aug. 28, 1954, ch. 1041, title III, § 304, 68 Stat. 902 Section 1323, act Feb. 16, 1938, ch. 30, title III, § 323, 52 Stat. 50, related to amount of farm marketing quota with respect to corn. Section 1324, act Feb. 16, 1938, ch. 30, title III, § 324, 52 Stat. 50, related to storage amounts. Section 1325, act Feb. 16, 1938, ch. 30, title III, § 325, 52 Stat. 51, related to penalties for marketing corn in ex- cess of quota. § 1326. Adjustment of farm marketing quotas (a) Whenever in any county or other area the Secretary finds that the actual production of corn plus the amount of corn stored under seal in such county or other area is less than the normal production of the marketing percentage of the farm acreage allotments in such county or other area, the Secretary shall terminate farm marketing quotas for corn in such county or other area. (b) Whenever, upon any farm, the actual pro- duction of the acreage of corn is less than the normal production of the marketing percentage of the farm acreage allotment, there may be marketed, without penalty, from such farm an amount of corn from the corn stored under seal pursuant to section 1324 of this title which, to- gether with the actual production of the then current crop, will equal the normal production of the marketing percentage of the farm acreage allotment. (c) Whenever, in any marketing year, mar- keting quotas are not in effect with respect to the crop of corn produced in the calendar year in which such marketing year begins, all mar- keting quotas applicable to previous crops of corn shall be terminated. (Feb. 16, 1938, ch. 30, title III, § 326, 52 Stat. 51.) Editorial Notes REFERENCES IN TEXT Section 1324 of this title, referred to in subsec. (b), was repealed by act Aug. 28, 1954, ch. 1041, title III, § 304, 68 Stat. 902.