
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1301]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
  Part A--Definitions, Loans, Parity Payments, and Consumer Safeguards
 
Sec. 1301. Definitions


(a) General definitions

    For the purposes of this subchapter and the declaration of policy--
        (1)(A) The ``parity price'' for any agricultural commodity, as 
    of any date, shall be determined by multiplying the adjusted base 
    price of such commodity as of such date by the parity index as of 
    such date.
        (B) The ``adjusted base price'' of any agricultural commodity, 
    as of any date, shall be (i) the average of the prices received by 
    farmers for such commodity, at such times as the Secretary may 
    select during each year of the ten-year period ending on the 31st of 
    December last before such date, or during each marketing season 
    beginning in such period if the Secretary determines use of a 
    calendar year basis to be impracticable, divided by (ii) the ratio 
    of the general level of prices received by farmers for agricultural 
    commodities during such period to the general level of prices 
    received by farmers for agricultural commodities during the period 
    January 1910 to December 1914, inclusive. As used in this 
    subparagraph, the term ``prices'' shall include wartime subsidy 
    payments made to producers under programs designed to maintain 
    maximum prices established under the Emergency Price Control Act of 
    1942.
        (C) The ``parity index'', as of any date, shall be the ratio of 
    (i) the general level of prices for articles and services that 
    farmers buy, wages paid hired farm labor, interest on farm 
    indebtedness secured by farm real estate, and taxes on farm real 
    estate, for the calendar month ending last before such date to (ii) 
    the general level of such prices, wages, rates, and taxes during the 
    period January 1910 to December 1914, inclusive.
        (D) The prices and indices provided for herein, and the data 
    used in computing them, shall be determined by the Secretary, whose 
    determination shall be final.
        (E) Notwithstanding the provisions of subparagraph (A) of this 
    paragraph, the transitional parity price for any agricultural 
    commodity, computed as provided in this subparagraph, shall be used 
    as the parity price for such commodity until such date after January 
    1, 1950, as such transitional parity price may be lower than the 
    parity price, computed as provided in subparagraph (A) of this 
    paragraph, for such commodity. The transitional parity price for any 
    agricultural commodity as of any date shall be--
            (i) its parity price determined in the manner used prior to 
        the effective date of the Agricultural Act of 1948, less
            (ii) 5 per centum of the parity price so determined 
        multiplied by the number of full calendar years (not counting 
        1956 in the case of basic agricultural commodities) which, as of 
        such date, have elapsed after January 1, 1949, in the case of 
        non-basic agricultural commodities, and after January 1, 1955, 
        in the case of the basic agricultural commodities.

        (F) Notwithstanding the provisions of subparagraphs (A) and (E) 
    of this paragraph, if the parity price for any agricultural 
    commodity, computed as provided in subparagraphs (A) and (E) of this 
    paragraph, appears to be seriously out of line with the parity 
    prices of other agricultural commodities, the Secretary may, and 
    upon the request of a substantial number of interested producers 
    shall, hold public hearings to determine the proper relationship 
    between the parity price of such commodity and the parity prices of 
    other agricultural commodities. Within sixty days after commencing 
    such hearing the Secretary shall complete such hearing, proclaim his 
    findings as to whether the facts require a revision of the method of 
    computing the parity price of such commodity, and put into effect 
    any revision so found to be required.
        (G) Notwithstanding the foregoing provisions of this section, 
    the parity price for any basic agricultural commodity, as of any 
    date during the six-year period beginning January 1, 1950, shall not 
    be less than its parity price computed in the manner used prior to 
    October 31, 1949.
        (2) ``Parity'', as applied to income, shall be that gross income 
    from agriculture which will provide the farm operator and his family 
    with a standard of living equivalent to those afforded persons 
    dependent upon other gainful occupation. ``Parity'' as applied to 
    income from any agricultural commodity for any year, shall be that 
    gross income which bears the same relationship to parity income from 
    agriculture for such year as the average gross income from such 
    commodity for the preceding ten calendar years bears to the average 
    gross income from agriculture for such ten calendar years.
        (3) The term ``interstate and foreign commerce'' means sale, 
    marketing, trade, and traffic between any State or Territory or the 
    District of Columbia or Puerto Rico, and any place outside thereof; 
    or between points within the same State or Territory or within the 
    District of Columbia or Puerto Rico, through any place outside 
    thereof; or within any Territory or within the District of Columbia 
    or Puerto Rico.
        (4) The term ``affect interstate and foreign commerce'' means, 
    among other things, in such commerce, or to burden or obstruct such 
    commerce or the free and orderly flow thereof; or to create or tend 
    to create a surplus of any agricultural commodity which burdens or 
    obstructs such commerce or the free and orderly flow thereof.
        (5) The term ``United States'' means the several States and 
    Territories and the District of Columbia and Puerto Rico.
        (6) The term ``State'' includes a Territory and the District of 
    Columbia and Puerto Rico.
        (7) The term ``Secretary'' means the Secretary of Agriculture, 
    and the term ``Department'' means the Department of Agriculture.
        (8) The term ``person'' means an individual, partnership, firm, 
    joint-stock company, corporation, association, trust, estate, or any 
    agency of a State.
        (9) The term ``corn'' means field corn.

(b) Definitions applicable to one or more commodities

    For the purposes of this subchapter--
        (1)(A) ``Actual production'' as applied to any acreage of corn 
    means the number of bushels of corn which the local committee 
    determines would be harvested as grain from such acreage if all the 
    corn on such acreage were so harvested. In case of a disagreement 
    between the farmer and the local committee as to the actual 
    production of the acreage of corn on the farm, or in case the local 
    committee determines that such actual production is substantially 
    below normal, the local committee, in accordance with regulations of 
    the Secretary, shall weigh representative samples of ear corn taken 
    from the acreage involved, make proper deductions for moisture 
    content, and determine the actual production of such acreage on the 
    basis of such samples.
        (B) ``Actual production'' of any number of acres of cotton, rice 
    or peanuts on a farm means the actual average yield for the farm 
    times such number of acres.
        (2) ``Bushel'' means in the case of ear corn that amount of ear 
    corn, including not to exceed 15\1/2\ per centum of moisture 
    content, which weighs seventy pounds, and in the case of shelled 
    corn, means that amount of shelled corn including not to exceed 
    15\1/2\ per centum of moisture content, which weighs fifty-six 
    pounds.
        (3)(A) ``Carry-over'', in the case of corn, rice, and peanuts 
    for any marketing year shall be the quantity of the commodity on 
    hand in the United States at the beginning of such marketing year, 
    not including any quantity which was produced in the United States 
    during the calendar year then current.
        (B) ``Carry-over'' of cotton for any marketing year shall be the 
    quantity of cotton on hand in the United States at the beginning of 
    such marketing year, not including any part of the crop which was 
    produced in the United States during the calendar year then current.
        (C) ``Carry-over'' of tobacco for any marketing year shall be 
    the quantity of such tobacco on hand in the United States at the 
    beginning of such marketing year (or on January 1 of such marketing 
    year in the case of Maryland tobacco), which was produced in the 
    United States prior to the beginning of the calendar year in which 
    such marketing year begins, except that in the case of cigar-filler 
    and cigar-binder tobacco the quantity of type 46 on hand and 
    theretofore produced in the United States during such calendar year 
    shall also be included.
        (D) ``Carry-over'' of wheat, for any marketing year shall be the 
    quantity of wheat on hand in the United States at the beginning of 
    such marketing year, not including any wheat which was produced in 
    the United States during the calendar year then current, and not 
    including any wheat held by the Federal Crop Insurance Corporation 
    under the Federal Crop Insurance Act [7 U.S.C. 1501 et seq.].
        (4)(A) ``Commercial corn-producing area'' shall include all 
    counties in which the average production of corn (excluding corn 
    used as silage) during the ten calendar years immediately preceding 
    the calendar year for which such area is determined, after 
    adjustment for abnormal weather conditions, is four hundred and 
    fifty bushels or more per farm and four bushels or more for each 
    acre of farm land in the county.
        (B) Whenever prior to February 1 of any calendar year the 
    Secretary has reason to believe that any county which is not 
    included in the commercial corn-producing area determined pursuant 
    to the provisions of subparagraph (A) of this subsection, but which 
    borders upon one of the counties in such area, or that any minor 
    civil division in a county bordering on such area, is producing 
    (excluding corn used for silage) an average of at least four hundred 
    and fifty bushels of corn per farm and an average of at least four 
    bushels for each acre of farm land in the county or in the minor 
    civil division, as the case may be, he shall cause immediate 
    investigation to be made to determine such fact. If, upon the basis 
    of such investigation, the Secretary finds that such county or minor 
    civil division is likely to produce corn in such average amounts 
    during such calendar year, he shall proclaim such determination and, 
    commencing with such calendar year, such county shall be included in 
    the commercial corn-producing area. In the case of a county included 
    in the commercial corn-producing area pursuant to this subparagraph, 
    whenever prior to February 1 of any calendar year the Secretary has 
    reason to believe that facts justifying the inclusion of such county 
    are not likely to exist in such calendar year, he shall cause an 
    immediate investigation to be made with respect thereto. If, upon 
    the basis of such investigation, the Secretary finds that such facts 
    are not likely to exist in such calendar year, he shall proclaim 
    such determination, and commencing with such calendar year, such 
    county shall be excluded from the commercial corn-producing area.
        (5) ``Farm consumption'' of corn means consumption by the 
    farmer's family, employees, or household, or by his work stock; or 
    consumption by poultry or livestock on his farm if such poultry or 
    livestock, or the products thereof, are consumed or to be consumed 
    by the farmer's family, employees, or household.
        (6)(A) ``Market'', in the case of corn, cotton, rice, tobacco, 
    and wheat, means to dispose of, in raw or processed form, by 
    voluntary or involuntary sale, barter, or exchange, or by gift inter 
    vivos, and, in the case of corn and wheat, by feeding (in any form) 
    to poultry or livestock which, or the products of which, are sold, 
    bartered, or exchanged, or to be so disposed of, but does not 
    include disposing of any such commodities as premium to the Federal 
    Crop Insurance Corporation under the Federal Crop Insurance Act [7 
    U.S.C. 1501 et seq.].
        (B) ``Marketed'', ``marketing'', and ``for market'' shall have 
    corresponding meanings to the term ``market'' in the connection in 
    which they are used.
        (C) ``Market'', in the case of peanuts, means to dispose of 
    peanuts, including farmers' stock peanuts, shelled peanuts, cleaned 
    peanuts, or peanuts in processed form, by voluntary or involuntary 
    sale, barter, or exchange, or by gift inter vivos.
        (7) ``Marketing year'' means, in the case of the following 
    commodities, the period beginning on the first and ending with the 
    second date specified below:
            Corn, September 1-August 31;
            Cotton, August 1-July 31;
            Rice, August 1-July 31;
            Tobacco (flue-cured), July 1-June 30;
            Tobacco (other than flue-cured), October 1-September 30;
            Wheat, June 1-May 31.

        (8)(A) ``National average yield'' as applied to cotton or wheat 
    shall be the national average yield per acre of the commodity during 
    the ten calendar years in the case of wheat, and during the five 
    calendar years in the case of cotton, preceding the year in which 
    such national average yield is used in any computation authorized in 
    this subchapter, adjusted for abnormal weather conditions and, in 
    the case of wheat, but not in the case of cotton, for trends in 
    yields.
        (B) ``Projected national yield'' as applied to any crop of wheat 
    shall be determined on the basis of the national yield per harvested 
    acre of the commodity during each of the five calendar years 
    immediately preceding the year in which such projected national 
    yield is determined, adjusted for abnormal weather conditions 
    affecting such yield, for trends in yields and for any significant 
    changes in production practices.
        (9) ``Normal production'' as applied to any number of acres of 
    corn or rice means the normal yield for the farm times such number 
    of acres. ``Normal production'' as applied to any number of acres of 
    cotton or wheat means the projected farm yield times such number of 
    acres.
        (10)(A) ``Normal supply'' in the case of corn, rice, wheat, and 
    peanuts for any marketing year shall be (i) the estimated domestic 
    consumption of the commodity for the marketing year ending 
    immediately prior to the marketing year for which normal supply is 
    being determined, plus (ii) the estimated exports of the commodity 
    for the marketing year for which normal supply is being determined, 
    plus (iii) an allowance for carry-over. The allowance for carry-over 
    shall be the following percentage of the sum of the consumption and 
    exports used in computing normal supply: 15 per centum in the case 
    of corn; 10 per centum in the case of rice; 20 per centum in the 
    case of wheat; and 15 per centum in the case of peanuts. In 
    determining normal supply the Secretary shall make such adjustments 
    for current trends in consumption and for unusual conditions as he 
    may deem necessary.
        (B) ``Normal supply'' in the case of tobacco shall be a normal 
    year's domestic consumption and exports, plus 175 per centum of a 
    normal year's domestic consumption and 65 per centum of a normal 
    year's exports as an allowance for a normal carry-over.
        (C) The ``normal supply'' of cotton for any marketing year shall 
    be the estimated domestic consumption of cotton for the marketing 
    year for which such normal supply is being determined, plus the 
    estimated exports of cotton for such marketing year, plus, 30 per 
    centum of the sum of such consumption and exports as an allowance 
    for carry-over.
        (11)(A) ``Normal year's domestic consumption'', in the case of 
    corn and wheat, shall be the yearly average quantity of the 
    commodity, wherever produced, that was cosumed \1\ in the United 
    States during the ten marketing years immediately preceding the 
    marketing year in which such consumption is determined, adjusted for 
    current trends in such consumption.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``consumed''.
---------------------------------------------------------------------------
        (B) ``Normal year's domestic consumption'', in the case of 
    cotton and tobacco, shall be the yearly average quantity of the 
    commodity produced in the United States that was consumed in the 
    United States during the ten marketing years immediately preceding 
    the marketing year in which such consumption is determined, adjusted 
    for current trends in such consumption.
        (C) ``Normal year's domestic consumption'', in the case of rice, 
    shall be the yearly average quantity of rice produced in the United 
    States that was consumed in the United States during the five 
    marketing years immediately preceding the marketing year in which 
    such consumption is determined, adjusted for current trends in such 
    consumption.
        (12) ``Normal year's exports'' in the case of corn, cotton, 
    rice, tobacco, and wheat shall be the yearly average quantity of the 
    commodity produced in the United States that was exported from the 
    United States during the ten marketing years (or, in the case of 
    rice, the five marketing years) immediately preceding the marketing 
    year in which such exports are determined, adjusted for current 
    trends in such exports.
        (13)(A) Repealed. Pub. L. 87-703, title III, Sec. 320(1), Sept. 
    26, 1962, 76 Stat. 625.
        (B) ``Normal yield'' for any county, in the case of peanuts, 
    shall be the average yield per acre of peanuts for the county 
    adjusted for abnormal weather conditions, during the five calendar 
    years immediately preceding the year in which such normal yield is 
    determined. For 1942, the normal yield for any county, in the case 
    of peanuts, shall be the average yield per acre for peanuts for the 
    county, adjusted for abnormal conditions, during the years 1936-
    1940, inclusive, except that for any county in which the years 1935-
    1939, inclusive, are equally as representative, such period may be 
    used in determining the normal yields for counties in the State.
        (C) In applying subparagraph (A) or (B) of this paragraph, if 
    for any such year the data are not available, or there is no actual 
    yield, an appraised yield for such year, determined in accordance 
    with regulations issued by the Secretary, shall be used as the 
    actual yield for such year. In applying such subparagraphs, if, on 
    account of drought, flood, insect pests, plant disease, or other 
    uncontrollable natural cause, the yield in any year of such ten-year 
    period or five-year period, as the case may be, is less than 75 per 
    centum of the average (computed without regard to such year) such 
    year shall be eliminated in calculating the normal yield per acre.
        (D) ``Normal yield'' for any county, in the case of rice and 
    wheat, shall be the average yield per acre of rice or wheat, as the 
    case may be, for the county during the five calendar years 
    immediately preceding the year for which such normal yield is 
    determined in the case of rice, or during the five years immediately 
    preceding the year in which such normal yield is determined in the 
    case of wheat, adjusted for abnormal weather conditions and for 
    trends in yields. If for any such year data are not available, or 
    there is no actual yield, an appraised yield for such year, 
    determined in accordance with regulations issued by the Secretary, 
    taking into consideration the yields obtained in surrounding 
    counties during such year and the yield in years for which data are 
    available, shall be used as the actual yield for such year.
        (E) ``Normal yield'' for any farm, in the case of rice and 
    wheat, shall be the average yield per acre of rice or wheat, as the 
    case may be, for the farm during the five calendar years immediately 
    preceding the year for which such normal yield is determined in the 
    case of rice, or during the five years immediately preceding the 
    year in which such normal yield is determined in the case of wheat, 
    adjusted for abnormal weather conditions and for trends in yields. 
    If for any such year the data are not available or there is no 
    actual yield, then the normal yield for the farm shall be appraised 
    in accordance with regulations issued by the Secretary, taking into 
    consideration abnormal weather conditions, trends in yields, the 
    normal yield for the county, the yields obtained on adjacent farms 
    during such year and the yield in years for which data are 
    available.
        (F) In applying subparagraphs (D) and (E) of this paragraph, if 
    on account of drought, flood, insect pests, plant disease, or other 
    uncontrollable natural cause, the yield for any year of such five-
    year period is less than 75 per centum of the average, 75 per centum 
    of such average shall be substituted therefor in calculating the 
    normal yield per acre. If, on account of abnormally favorable 
    weather conditions, the yield for any year of such five-year period 
    is in excess of 125 per centum of the average, 125 per centum of 
    such average shall be substituted therefor in calculating the normal 
    yield per acre.
        (G) ``Normal yield'' for any farm, in the case of corn or 
    peanuts, shall be the average yield per acre of corn or peanuts, as 
    the case may be, for the farm, adjusted for abnormal weather 
    conditions, during the five calendar years immediately preceding the 
    year in which such normal yield is determined. For 1942, the normal 
    yield for any farm, in the case of peanuts, shall be the average 
    yield per acre of peanuts for the farm, adjusted for abnormal 
    conditions, during the years 1936-1940, inclusive, except that for 
    any county in which the years 1935-1939, inclusive, are equally as 
    representative, such period may be used in determining normal yields 
    for farms in the county. If for any such year the data are not 
    available or there is no actual yield, then the normal yield for the 
    farm shall be appraised in accordance with regulations of the 
    Secretary, taking into consideration abnormal weather conditions, 
    the normal yield for the county, and the yield in years for which 
    data are available.
        (H) ``Normal yield'' for any county, for any crop of cotton, 
    shall be the average yield per acre of cotton for the county, 
    adjusted for abnormal weather conditions and any significant changes 
    in production practices during the five calendar years immediately 
    preceding the year in which the national marketing quota for such 
    crop is proclaimed. If for any such year the data are not available, 
    or there is no actual yield, an appraised yield for such year, 
    determined in accordance with regulations issued by the Secretary, 
    shall be used as the actual yield for such year.
        (I) ``Normal yield'' for any farm, for any crop of cotton, shall 
    be the average yield per acre of cotton for the farm, adjusted for 
    abnormal weather conditions and any significant changes in 
    production practices during the three calendar years immediately 
    preceding the year in which such normal yield is determined. If for 
    any such year the data are not available, or there is no actual 
    yield, then the normal yield for the farm shall be appraised in 
    accordance with regulations of the Secretary, taking into 
    consideration abnormal weather conditions, the normal yield for the 
    county, changes in production practices, and the yield in years for 
    which data are available.
        (J) ``Projected county yield'' for any crop of wheat shall be 
    determined on the basis of the yield per harvested acre of such 
    commodity on the county during each of the five calendar years 
    immediately preceding the year in which such projected county yield 
    is determined, adjusted for abnormal weather conditions affecting 
    such yield, for trends in yields and for any significant changes in 
    production practices.
        (K) ``Projected farm yield'' for any crop of wheat shall be 
    determined on the basis of the yield per harvested acre of such 
    commodity in the farm during each of the three calendar years 
    immediately preceding the year in which such projected farm yield is 
    determined, adjusted for abnormal weather conditions affecting such 
    yield, for trends in yields and for any significant changes in 
    production practices, but in no event shall such projected farm 
    yield be less than the normal yield for such farm as provided in 
    subparagraph (E) of this paragraph.
        (L) ``Projected national, State, and county yields'' for any 
    crop of cotton shall be determined on the basis of the yield per 
    harvested acre of such crop in the United States, the State and the 
    county, respectively, during each of the five calendar years 
    immediately preceding the year in which such projected yield for the 
    United States, the State, and the county, respectively, is 
    determined, adjusted for abnormal weather conditions affecting such 
    yield, for trends in yields, and for any significant changes in 
    production practices.
        (M) ``Projected farm yield'' for any crop of cotton shall be 
    determined on the basis of the yield per harvested acre of such crop 
    on the farm during each of the three calendar years immediately 
    preceding the year in which such projected farm yield is determined, 
    adjusted for abnormal weather conditions affecting such yield, for 
    trends in yields, and for any significant changes in production 
    practices, but in no event shall such projected farm yield be less 
    than the normal yield for such farm as provided in subparagraph (I) 
    of this paragraph.
        (14)(A) ``Reserve supply level'', in the case of corn, shall be 
    a normal year's domestic consumption and exports of corn plus 10 per 
    centum of a normal year's domestic consumption and exports, to 
    insure a supply adequate to meet domestic consumption and export 
    needs in years of drought, flood, or other adverse conditions, as 
    well as in years of plenty.
        (B) ``Reserve supply level'' of tobacco shall be the normal 
    supply plus 5 per centum thereof, to insure a supply adequate to 
    meet domestic consumption and export needs in years of drought, 
    flood, or other adverse conditions, as well as in years of plenty.
        (C) ``Reserve stock level'', in the case of Flue-cured tobacco, 
    shall be the greater of--
            (i) 100,000,000 pounds (farm sales weight); or
            (ii) 15 percent of the national marketing quota for Flue-
        cured tobacco for the marketing year immediately preceding the 
        marketing year for which the level is being determined.

        (D) ``Reserve stock level'', in the case of Burley tobacco, 
    shall be the greater of--
            (i) 50,000,000 pounds (farm sales weight); or
            (ii) 15 percent of the national marketing quota for Burley 
        tobacco for the marketing year immediately preceding the 
        marketing year for which the level is being determined.

        (15) ``Tobacco'' means each one of the kinds of tobacco listed 
    below comprising the types specified as classified in Service and 
    Regulatory Announcement Numbered 118 of the Bureau of Agricultural 
    Economics of the Department.
            Flue-cured tobacco, comprising types 11, 12, 13, and 14;
            Fire-cured tobacco comprising types 21, 22, 23, and 24;
            Dark air-cured tobacco, comprising types 35 and 36;
            Virginia sun-cured tobacco, comprising type 37;
            Burley tobacco, comprising type 31;
            Maryland tobacco, comprising type 32;
            Cigar-filler and cigar-binder tobacco, comprising types 42, 
        43, 44, 45, 46, 51, 52, 53, 54, and 55;
            Cigar-filler tobacco, comprising type 41.

    The provisions of this subchapter shall apply to each of such kinds 
    of tobacco severally: Provided, That any one or more of the types 
    comprising any such kind of tobacco shall be treated as a ``kind of 
    tobacco'' for the purposes of this chapter and sections 590h and 
    590o of title 16 if the Secretary finds there is a difference in 
    supply and demand conditions as among such types of tobacco which 
    results in a difference in the adjustments needed in the marketings 
    thereof in order to maintain supplies in line with demand: Provided 
    further, That with respect to the 1958 and subsequent crops, type 21 
    (Virginia) fire-cured tobacco shall be treated as a ``kind of 
    tobacco'' for the purposes of all of the provisions of this 
    subchapter, except that for the purposes of section 1312(c) of this 
    title, types 21, 22, and 23, fire-cured tobacco shall be treated as 
    one ``kind of tobacco'': And provided further, That for purposes of 
    section 1314e of this title, types 22 and 23, fire-cured tobacco 
    shall be treated as one ``kind of tobacco''.
        (16)(A) ``Total supply'' of wheat, corn, rice, and peanuts for 
    any marketing year shall be the carry-over of the commodity for such 
    marketing year, plus the estimated production of the commodity in 
    the United States during the calendar year in which such marketing 
    year begins and the estimated imports of the commodity into the 
    United States during such marketing year.
        (B) ``Total supply'' of tobacco for any marketing year shall be 
    the carry-over at the beginning of such marketing year (or on 
    January 1 of such marketing year in the case of Maryland tobacco) 
    plus the estimated production thereof in the United States during 
    the calendar year in which such marketing year begins, except that 
    the estimated production of type-46 tobacco during the marketing 
    year with respect to which the determination is being made shall be 
    used in lieu of the estimated production of such type during the 
    calendar year in which such marketing year begins in determining the 
    total supply of cigar-filler and cigar-binder tobacco.
        (C) ``Total supply'' of cotton for any marketing year shall be 
    the carry-over at the beginning of such marketing year, plus the 
    estimated production of cotton in the United States during the 
    calendar year in which such marketing year begins and the estimated 
    imports of cotton into the United States during such marketing year.
        (17) ``Domestic manufacturer of cigarettes'' means a person that 
    produces and sells more than 1 percent of the cigarettes produced 
    and sold in the United States.

(c) Use of Federal statistics

    The latest available statistics of the Federal Government shall be 
used by the Secretary in making the determinations required to be made 
by the Secretary under this chapter.

(d) Exclusion of stocks of certain commodities

    In making any determination under this chapter or under the 
Agricultural Act of 1949 [7 U.S.C. 1421 et seq.] with respect to the 
carryover of any agricultural commodity, the Secretary shall exclude 
from such determination the stocks of any commodity acquired pursuant 
to, or under the authority of, the Strategic and Critical Materials 
Stock Piling Act (60 Stat. 596) [50 U.S.C. 98 et seq.].

(Feb. 16, 1938, ch. 30, title III, Sec. 301, 52 Stat. 38; Apr. 7, 1938, 
ch. 107, Secs. 2-4, 52 Stat. 202; June 13, 1940, ch. 360, Sec. 1, 54 
Stat. 392; July 2, 1940, ch. 521, Secs. 3-5, 54 Stat. 727, 728; Nov. 22, 
1940, ch. 914, Secs. 1, 3, 4, 54 Stat. 1209, 1210; Nov. 25, 1940, ch. 
917, 54 Stat. 1211; Apr. 3, 1941, ch. 39, Secs. 2, 3, 55 Stat. 91, 92; 
July 9, 1942, ch. 497, Sec. 1(4), (5), 56 Stat. 654; July 3, 1948, ch. 
827, title II, Sec. 201(a), (b), (d), (e), 62 Stat. 1250; Aug. 29, 1949, 
ch. 518, Sec. 2(a), 63 Stat. 675; Oct. 31, 1949, ch. 792, title IV, 
Secs. 409(a)-(d), 415(c)-(e), 418(b), (c), 63 Stat. 1056, 1057, 1958, 
1062; July 8, 1952, ch. 587, 66 Stat. 442; July 17, 1952, ch. 933, 
Sec. 1, 66 Stat. 758; July 14, 1953, ch. 194, Sec. 6, 67 Stat. 152; Aug. 
28, 1954, ch. 1041, title III, Secs. 301, 302, 68 Stat. 902; May 28, 
1956, ch. 327, title V, Sec. 502, title VI, Sec. 602, 70 Stat. 212, 213; 
Pub. L. 85-92, Sec. 1, July 10, 1957, 71 Stat. 284; Pub. L. 87-703, 
title III, Sec. 320, Sept. 27, 1962, 76 Stat. 625; Pub. L. 88-297, title 
I, Sec. 106(5)-(7), Apr. 11, 1964, 78 Stat. 177; Pub. L. 89-321, title 
IV, Sec. 403, title V, Secs. 509, 511(a), Nov. 3, 1965, 79 Stat. 1197, 
1204, 1205; Pub. L. 91-524, title IV, Sec. 405(b), Nov. 30, 1970, as 
added Pub. L. 93-86, Sec. 1(12), Aug. 10, 1973, 87 Stat. 229; Pub. L. 
94-61, Sec. 1, July 25, 1975, 89 Stat. 302; Pub. L. 97-218, title III, 
Sec. 303(a), July 20, 1982, 96 Stat. 211; Pub. L. 99-198, title X, 
Sec. 1020, Dec. 23, 1985, 99 Stat. 1459; Pub. L. 99-272, title I, 
Sec. 1103(a), Apr. 7, 1986, 100 Stat. 85.)

                       References in Text

    Emergency Price Control Act of 1942, referred to in subsec. 
(a)(1)(B), was act Jan. 30, 1942, ch. 26, 56 Stat. 23, as amended, which 
was classified to section 901 et seq. of Title 50, Appendix, War and 
National Defense, and which terminated June 30, 1947.
    For effective date of the Agricultural Act of 1948, referred to in 
subsec. (a)(1)(E)(i), see Effective Date of 1948 Amendment note set out 
under section 624 of this title with reference to title I of said act, 
and Effective Date of 1948 Amendment note set out below with reference 
to titles II and III of said Act.
    The Federal Crop Insurance Act, referred to in subsec. (b)(3)(D), 
(6)(A), is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as 
amended, which is classified generally to chapter 36 (Sec. 1501 et seq.) 
of this title. For complete classification of this Act to the Code, see 
section 1501 of this title and Tables.
    The Agricultural Act of 1949, referred to in subsec. (d), is act 
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified 
principally to chapter 35A (Sec. 1421 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1421 of this title and Tables.
    The Strategic and Critical Materials Stock Piling Act, referred to 
in subsec. (d), is act June 7, 1939, ch. 190, as revised generally by 
Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which is classified 
generally to subchapter III (Sec. 98 et seq.) of chapter 5 of Title 50, 
War and National Defense. For complete classification of this Act to the 
Code, see section 98 of Title 50 and Tables.


                               Amendments

    1986--Subsec. (b)(14)(C), (D). Pub. L. 99-272, Sec. 1103(a)(1), 
added subpars. (C) and (D).
    Subsec. (b)(17). Pub. L. 99-272, Sec. 1103(a)(2), added par. (17).
    1985--Subsec. (b)(7). Pub. L. 99-198 substituted ``Corn, September 
1-August 31'' for ``Corn, October 1-September 30''.
    1982--Subsec. (b)(15). Pub. L. 97-218 inserted proviso that for 
purposes of section 1314e of this title, types 22 and 23, fire-cured 
tobacco shall be treated as one ``kind of tobacco''.
    1975--Subsec. (b)(7). Pub. L. 94-61 substituted ``Wheat, June 1-May 
31'' for ``Wheat, July 1-June 30''.
    1973--Subsec. (b)(13)(K). Pub. L, 91-524, Sec. 405(b), as added by 
Pub. L. 93-86, temporarily inserted ``(five calendar years in the case 
of wheat)'' after ``three calendar years''. See Effective and 
Termination Dates of 1973 Amendment note below.
    1965--Subsec. (b)(8). Pub. L. 89-321, Sec. 509(1), designated 
existing provisions as subpar. (A) and added subpar. (B).
    Subsec. (b)(9). Pub. L. 89-321, Sec. 511(a), struck out ``cotton'' 
and ``wheat'' in first sentence, and inserted definition of normal 
production when applied to any number of acres of cotton or wheat.
    Subsec. (b)(13). Pub. L. 89-321, Secs. 403, 509(2), added subpars. 
(J), (K), (L), and (M).
    1964--Subsec. (b)(13). Pub. L. 88-297, Sec. 106(5)-(7), struck out 
``cotton or'' before ``peanuts'' in subpar. (B) in two places, struck 
out ``, cotton,'' after ``corn'' in subpar. (G) in two places, and added 
subpars. (H) and (I), respectively.
    1962--Subsec. (b)(13). Pub. L. 87-703 struck out par. (A) which 
defined ``normal yield'' for any county in the case of corn or wheat; 
inserted in pars. (D) and (E) ``and wheat'' after ``in the case of 
rice'', ``or wheat, as the case may be,'' after ``per acre of rice'', 
and ``in the case of rice, or during the five years immediately 
preceding the year in which such normal yield is determined in the case 
of wheat'' after ``determined''; and struck out from par. (G) ``wheat,'' 
after ``corn,'' in two places, ``and, in the case of wheat, but not in 
the case of corn, cotton, or peanuts, for trends in yields'' after 
``abnormal weather conditions'', ``ten calendar years in the case of 
wheat, and'' before ``five calendar years'' and ``in the case of corn, 
cotton, or peanuts'' after ``five calendar years''.
    1957--Subsec. (b)(15). Pub. L. 85-92 inserted proviso relating to 
treatment of type 21 fire-cured tobacco as a ``kind of tobacco''.
    1956--Subsec. (a)(1)(E). Act May 28, 1956, Sec. 602, inserted ``(not 
counting 1956 in the case of basic agricultural commodities)'' after 
``full calendar years''.
    Subsec. (b)(13). Act May 28, 1956, Sec. 502, limited determination 
of normal yield provided for in subpar. (D) only to counties and 
authorized adjustments for abnormal weather conditions and for trends in 
yields, added subpars. (E) and (F), and redesignated subpar. (E) as (G).
    1954--Subsec. (a)(1)(E). Act Aug. 28, 1954, Sec. 301, changed 
definition of ``transitional parity price'' as applied to basic 
agricultural commodities so as to make it ``old parity'' less 5 per 
centum for each full year elapsed since Jan. 1, 1955, instead of Jan. 1, 
1949.
    Subsec. (b). Act Aug. 28, 1954, Sec. 302, increased carryover 
allowance from 10 per centum to 15 per centum in case of corn and from 
15 per centum to 20 per centum in case of wheat in subpar. (10)(A), and 
provided for computing county and farm ``normal yields'' on the basis of 
5-year yields instead of 10-year yields in case of corn in subpars. 
(13)(A) and (13)(E).
    1953--Subsec. (d). Act July 14, 1953, added subsec. (d).
    1952--Subsec. (a)(1)(G). Act July 17, 1952, extended dual parity 
provisions for two years.
    Subsec. (b)(3)(C), (16)(B). Act July 8, 1952, provided for 
computation of carry-over as of Jan. 1st, following the beginning of the 
marketing year instead of Oct. 1st the beginning of the marketing year.
    1949--Subsec. (a)(1)(B). Act Oct. 31, 1949, Sec. 409(a), inserted 
last sentence.
    Subsec. (a)(1)(C). Act Oct. 31, 1949, Sec. 409(b), inserted ``, 
wages paid hired farm labor'' after ``buy'' and ``, wages'' after ``such 
prices''.
    Subsec. (a)(1)(G). Act Oct. 31, 1949, Sec. 409(c), added subpar. 
(G).
    Subsec. (b)(1)(B). Act Oct. 31, 1949, Sec. 418(b), included the 
actual production of rice.
    Subsec. (b)(3)(B). Act Oct. 31, 1949, Sec. 415(e), repealed 
amendatory provisions of act July 3, 1948, ch. 827, title II, 
Sec. 201(c), 62 Stat. 1250.
    Act Aug. 29, 1949, Sec. 2(a)(1), changed definition of ``carry-
over'' of cotton by excluding United States cotton on hand outside the 
United States.
    Subsec. (b)(9). Act Oct. 31, 1949, Sec. 418(c), included normal 
production of rice.
    Subsec. (b)(10(A). Act Oct. 31, 1949, Sec. 409(d), increased from 7 
per centum to 10 per centum the carryover allowance for corn.
    Act Aug. 29, 1949, Sec. 2(a)(2), made provision inapplicable to 
cotton.
    Subsec. (b)(10)(C). Act Aug. 29, 1949, Sec. 2(a)(2), added subpar. 
(C) which was also reenacted by act Oct. 31, 1949, Sec. 415(c).
    Subsec. (b)(16)(A). Act Oct. 31, 1949, Sec. 415(d), struck out 
``cotton,'' after ``corn,''.
    Act Aug. 29, 1949, Sec. 2(a)(3), made provision inapplicable to 
cotton.
    Subsec. (b)(16)(C). Act Aug. 29, 1949, Sec. 2(a)(3), added subpar. 
(C) which was also reenacted by act Oct. 31, 1949, Sec. 415(d).
    1948--Subsec. (a). Act July 3, 1948, Sec. 201(a), struck out 
paragraphs (1) and (2) and inserted new paragraphs (1) and (2) to change 
the method of computing parity prices to give recognition to changes in 
relationships among the prices of agricultural commodities themselves 
which have occurred since the base period 1910 to 1914, and redefined 
``parity''.
    Subsec. (b)(3)(A). Act July 3, 1948, Sec. 201(b), redefined ``carry-
over'' in the case of corn, rice, and peanuts.
    Subsec. (b)(3)(B). Act July 3, 1948, Sec. 201(c), redefined ``carry-
over'' in the case of cotton.
    Subsec. (b)(10). Act July 3, 1948, Sec. 201(d), redefined ``normal 
supply''.
    Subsec. (b)(16). Act July 3, 1948, Sec. 201(e), redefined ``total 
supply''.
    1942--Subsec. (b)(13)(B). Act July 9, 1942, Sec. 1(4), inserted ``or 
peanuts'' after ``cotton'' wherever appearing, and added a new sentence 
reading ``For 1942, the normal yield for any county, in the case of 
peanuts, shall be the average yield per acre for peanuts for the county, 
adjusted for abnormal conditions, during the years 1936-1940, inclusive, 
except that for any county in which the years 1935-1939, inclusive, are 
equally as representative, such period may be used in determining the 
normal yields for counties in the State''.
    Subsec. (b)(13)(E). Act July 9, 1942, Sec. 1(5), struck out ``or'' 
after ``wheat'' and before ``cotton'' wherever appearing, inserted ``or 
peanuts'' after ``cotton'' wherever appearing, and inserted after first 
sentence ``For 1942, the normal yield for any farm, in the case of 
peanuts, shall be the average yield per acre of peanuts for the farm, 
adjusted for abnormal conditions, during the years 1936-1940, inclusive, 
except that for any county in which the years 1935-1939, inclusive, are 
equally as representative, such period may be used in determining normal 
yields for farms in the county''.
    1941--Subsec. (b)(1)(B). Act April 3, 1941, Sec. 2, inserted ``or 
peanuts'' after ``cotton''.
    Subsec. (b)(6)(C). Act Apr. 3, 1941, Sec. 3, added subpar. (C).
    1940--Subsec. (a)(1). Act Nov. 22, 1940, Sec. 3, inserted ``and, in 
the case of Burley and flue-cured tobacco, shall be the period August 
1934 to July 1939; except that the August 1919-July 1929 base period 
shall be used in allocating any funds appropriated prior to September 1, 
1940'' after ``July, 1929'' in last sentence.
    Subsec. (b)(3)(C). Act June 13, 1940, inserted exception.
    Former subsec. (b)(6)(C), (D) were omitted in amendment to subsec. 
(b)(6) by act July 2, 1940.
    Subsec. (b)(13)(A). Act July 2, 1940, Sec. 4, among other changes 
inserted ``or wheat'' after ``corn'' wherever appearing and substituted 
``county'' for ``farm'' wherever appearing.
    Subsec. (b)(13)(B). Act July 2, 1940, Sec. 5, among other changes, 
struck out ``or wheat'' before ``cotton'' and ``and, in the case of 
wheat but not in the case of cotton, for trends in yields, during the 
ten calendar years in the case of wheat, and'' after ``weather 
conditions''.
    Subsec. (b)(13)(E). Act Nov. 25, 1940, in first sentence substituted 
``in which such normal yield is determined'' for ``with respect to such 
normal yield is used in any computation authorized under this title''.
    Subsec. (b)(15). Act Nov. 22, 1940, Secs. 1, 4, among other changes 
substituted ``Fire-cured tobacco comprising types 21, 22, 23, and 24; 
Dark air-cured tobacco comprising types 35 and 36'' for ``Fire-cured and 
dark air cured tobacco comprising types 21, 22, 23, 24, 35, 36, and 37'' 
and inserted proviso at end of last sentence.
    1938--Subsec. (b)(13). Act Apr. 7, 1938, substituted ``county'' for 
``farm'' in subpars. (A) and (B) and added subpar. (E).


                    Effective Date of 1975 Amendment

    Section 2 of Pub. L. 94-61 provided that: ``The amendment made by 
the first section of this Act [amending this section] shall become 
effective June 1, 1975''.


            Effective and Termination Dates of 1973 Amendment

    Section 405(b) of Pub. L. 91-524, as added by section 1(12) of Pub. 
L. 93-86, provided that the amendment made by that section is effective 
with respect to 1974 through 1977 crops.


                    Effective Date of 1965 Amendment

    Section 511(a) of Pub. L. 89-321 provided that the amendment made by 
that section is effective beginning with the crop planted for harvest in 
1966.


                    Effective Date of 1962 Amendment

    Section 323 of Pub. L. 87-703 provided that: ``The amendments to the 
Agricultural Adjustment Act of 1938, as amended, and to Public Law 74, 
Seventy-seventh Congress, as amended, made by sections 310 through 322 
of this Act [enacting sections 1334b and 1339 of this title, amending 
this section and sections 1331 to 1336, 1340, 1371 and 1385 of this 
title, and repealing section 1337 of this title] shall be in effect only 
with respect to programs applicable to the crops planted for harvest in 
the calendar year 1964 or any subsequent year and the marketing years 
beginning in the calendar year 1964, or any subsequent year''.


                    Effective Date of 1949 Amendment

    Section 415(a), (b) of act Oct. 31, 1949, provided that:
    ``(a) Except as modified by this Act or by Public Law 272 [see 
Tables for classification], Eighty-first Congress, sections 201(b), 
201(d), 201(e), 203, 207(a), and 208 of the Agricultural Act of 1948 
[amending this section and sections 1312, 1322, and 1328 of this title] 
shall be effective for the purpose of taking any action with respect to 
the 1950 and subsequent crops upon the enactment of this Act [Oct. 31, 
1949]. If the time within which any such action is required to be taken 
shall have elapsed prior to the enactment of this Act, such action shall 
be taken within thirty days after the enactment of the Act.
    ``(b) No provision of the Agricultural Act of 1948 shall be deemed 
to supersede any provision of Public Law 272, Eighty-first Congress.''


                    Effective Date of 1948 Amendment

    Section 303 of act July 3, 1948, provided that: ``Titles II and III 
of this Act [amending this section and sections 602, 608c, 612c, 672, 
1301a, 1302, 1312, 1322, 1328, 1333, 1335, 1336, 1343, 1345, 1355, and 
1385 of this title and repealing sections 608e and 1322a of this title] 
shall take effect on January 1, 1950.''

                          Transfer of Functions

    Functions of all officers, agencies, and employees of Department of 
Agriculture transferred, with certain exceptions, to Secretary of 
Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4, 1953, 18 
F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this 
title.
    Administration of program of Federal Crop Insurance Corporation 
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, 
Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in 
the Appendix to Title 5, Government Organization and Employees.
    Functions of Bureau of Agricultural Economics transferred to other 
units of Department of Agriculture under Secretary's memorandum 1320, 
supp. 4, of Nov. 2, 1953.


                          Rulemaking Procedures

    Section 1108(c) of Pub. L. 99-272 provided that: ``The Secretary of 
Agriculture shall implement sections 1102 through 1109, and the 
amendments made by such sections [enacting sections 1314g, 1314h, and 
1445-3 of this title, amending this section and sections 1312, 1314c, 
1314e, 1372, 1445, 1445-1, and 1445-2 of this title, and enacting 
provisions set out as notes under sections 1314c, 1314e, 1314g, 1314h, 
1372, 1445, 1445-1, and 1445-2 of this title], without regard to the 
provisions requiring notice and other procedures for public 
participation in rulemaking contained in section 553 of title 5, United 
States Code, or in any directive of the Secretary.''


              Study of Methods of Improving Parity Formula

    Section 602 of act May 28, 1956, required the Secretary to make a 
thorough study of the possible methods of improving the parity formula 
and report thereon, with specific recommendations, including drafts of 
necessary legislation to carry out such recommendations, to Congress not 
later than Jan. 31, 1957.


 Tobacco Definition Unaffected by Acreage-Poundage Marketing Quotas and 
                        Price Support Provisions

    Authority or responsibility of Secretary of Agriculture under 
subsec. (b)(15) of this section with respect to treatment of different 
types of tobacco as different kinds of tobacco unaffected by acreage-
poundage quotas and price support provisions, see note set out under 
section 1314c of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 602, 1111, 1301a, 1340, 
1359jj, 1445, 1445-2 of this title; title 43 section 620c.
