
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1332]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                        Part B--Marketing Quotas
 
                  subpart iii--marketing quotas--wheat
 
Sec. 1332. National marketing quota


(a) Proclamation; duration of program

    Whenever prior to April 15 in any calendar year the Secretary 
determines that the total supply of wheat in the marketing year 
beginning in the next succeeding calendar year will, in the absence of a 
marketing quota program, likely be excessive, the Secretary shall 
proclaim that a national marketing quota for wheat shall be in effect 
for such marketing year and for either the following marketing year or 
the following two marketing years, if the Secretary determines and 
declares in such proclamation that a two- or three-year marketing quota 
program is necessary to effectuate the policy of the chapter.

(b) Amount; minimum

    If a national marketing quota for wheat has been proclaimed for any 
marketing year, the Secretary shall determine and proclaim the amount of 
the national marketing quota for such marketing year not earlier than 
January 1 or later than April 15 of the calendar year preceding the year 
in which such marketing year begins. The amount of the national 
marketing quota for wheat for any marketing year shall be an amount of 
wheat which the Secretary estimates (i) will be utilized during such 
marketing year for human consumption in the United States as food, food 
products, and beverages, composed wholly or partly of wheat, (ii) will 
be utilized during such marketing year in the United States for seed, 
(iii) will be exported either in the form of wheat or products thereof, 
and (iv) will be utilized during such marketing year in the United 
States as livestock (including poultry) feed, excluding the estimated 
quantity of wheat which will be utilized for such purpose as a result of 
the substitution of wheat for feed grains under section 1339c of this 
title; less (A) an amount of wheat equal to the estimated imports of 
wheat into the United States during such marketing year and, (B) if the 
stocks of wheat owned by the Commodity Credit Corporation are determined 
by the Secretary to be excessive, an amount of wheat determined by the 
Secretary to be a desirable reduction in such marketing year in such 
stocks to achieve the policy of the chapter: Provided, That if the 
Secretary determines that the total stocks of wheat in the Nation are 
insufficient to assure an adequate carryover for the next succeeding 
marketing year, the national marketing quota otherwise determined shall 
be increased by the amount the Secretary determines to be necessary to 
assure an adequate carryover: And provided further, That the national 
marketing quota for wheat for any marketing year shall be not less than 
one billion bushels.

(c) National emergencies or material increase in demand; investigation; 
        increase or termination

    If, after the proclamation of a national marketing quota for wheat 
for any marketing year, the Secretary has reason to believe that, 
because of a national emergency or because of a material increase in the 
demand for wheat, the national marketing quota should be terminated or 
the amount thereof increased, he shall cause an immediate investigation 
to be made to determine whether such action is necessary in order to 
meet such emergency or increase in the demand for wheat. If, on the 
basis of such investigation, the Secretary finds that such action is 
necessary, he shall immediately proclaim such finding and the amount of 
any such increase found by him to be necessary and thereupon such 
national marketing quota shall be so increased or terminated. In case 
any national marketing quota is increased under this subsection, the 
Secretary shall provide for such increase by increasing acreage 
allotments established under this subpart by a uniform percentage.

(d) Farm marketing quotas for wheat crops planted in calendar years 
        1966-1970

    Notwithstanding any other provision of this chapter, the Secretary 
shall proclaim a national marketing quota for the crops of wheat planted 
for harvest in the calendar years 1966 through 1970, and farm marketing 
quotas shall not be in effect for such crops of wheat.

(Feb. 16, 1938, ch. 30, title III, Sec. 332, 52 Stat. 53; Aug. 28, 1954, 
ch. 1041, title III, Sec. 307, 68 Stat. 903; Pub. L. 87-703, title III, 
Sec. 311, Sept. 27, 1962, 76 Stat. 619; Pub. L. 89-321, title V, 
Sec. 501(1), Nov. 3, 1965, 79 Stat. 1199; Pub. L. 90-559, Sec. 1(1), 
Oct. 11, 1968, 82 Stat. 996; Pub. L. 99-198, title III, Sec. 302, Dec. 
23, 1985, 99 Stat. 1378.)


                               Amendments

    1985--Pub. L. 99-198 temporarily substituted ``Proclamation of 
marketing quotas'' for ``National marketing quota'' in section 
catchline. See Effective and Termination Dates of 1985 Amendment note 
below.
    Subsec. (a). Pub. L. 99-198 amended subsec. (a) generally, 
temporarily substituting provisions defining the terms ``base period'' 
and ``marketing quota period'' for provisions which authorized the 
Secretary to proclaim a national marketing quota for wheat for either a 
two- or three-year period. See Effective and Termination Dates of 1985 
Amendment note below.
    Subsec. (b). Pub. L. 99-198 amended subsec. (b) generally, 
temporarily substituting provisions authorizing the proclamation of a 
national marketing quota for each marketing year, not later than June 
15, 1986, in an amount which the Secretary determines is required to 
meet anticipated needs during such marketing year, and the conducting of 
a marketing quota referendum not later than Aug. 1, 1986 for provisions 
which had authorized the proclamation of a national marketing quota upon 
a determination made between Jan. 1 and Apr. 15 of the calendar year 
preceding the year in which the marketing year began, which 
determination had to provide a minimum of one billion bushels for any 
marketing year, and investigation of stocks to adjust for imports and 
excessive or insufficient amounts generally. See Effective and 
Termination Dates of 1985 Amendment note below.
    Subsec. (c). Pub. L. 99-198 amended subsec. (c) generally, 
temporarily substituting provisions requiring the Secretary to adjust or 
terminate the national marketing quota in the event of a national 
emergency or material change in the demand for wheat for provisions 
which had required the Secretary to cause an immediate investigation to 
be made to determine whether termination or increase in the quota was 
necessary in order to meet such emergency or increase in demand, and 
struck out provisions requiring the Secretary to proclaim such findings 
and the amount of any increase, with any such increase to be based on a 
uniform percentage. See Effective and Termination Dates of 1985 
Amendment note below.
    Subsec. (d). Pub. L. 99-198 amended section generally, temporarily 
striking out subsec. (d) which provided for farm marketing quotas for 
wheat crops planted in calendar years 1969-1970. See Effective and 
Termination Dates of 1985 Amendment note below.
    1968--Subsec. (d). Pub. L. 90-559 provided for a one year extension 
through 1970.
    1965--Subsec. (b). Pub. L. 89-321 changed item (iv) from the average 
amount of wheat which was used for livestock feed during 1959-60 to the 
amount which will be utilized during the marketing year for which the 
quota is being determined for livestock feed, excluding the estimated 
quantity of wheat which will be utilized for such purpose as a result of 
the substitution of wheat for feed grains under section 1339c of this 
title.
    Subsec. (d). Pub. L. 89-321 added subsec. (d).
    1962--Pub. L. 87-703 substituted provisions for proclamation of a 
national marketing quota upon a determination made prior to April 15 in 
any calendar year, the duration of such a program, the amount of, 
including the minimum, quota, and investigation of stocks to increase or 
terminate the quota during national emergencies or material increase in 
demand for provision for proclamation, not later than May 15 of each 
calendar year, of a national marketing quota for the crop produced in 
the next calendar year.
    1954--Act Aug. 28, 1954, struck out proclamations relating to 
supplies, and changed proclamation date from July 15 to May 15.


            Effective and Termination Dates of 1985 Amendment

    Section 302 of Pub. L. 99-198 provided that the amendment made by 
that section is effective only for 1987 through 1990 crops of wheat.


                    Effective Date of 1965 Amendment

    Section 501 of Pub. L. 89-321 provided that the amendments made by 
that section [amending this section and sections 1333, 1334, 1335, and 
1339 of this title] are ``effective beginning with the crop planted for 
harvest in the calendar year 1966''.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-703 effective only with respect to programs 
applicable to crops planted for harvest in calendar year 1964 or any 
subsequent year and marketing years beginning in calendar year 1964, or 
any subsequent year, see section 323 of Pub. L. 87-703, set out as a 
note under section 1301 of this title.


                       Inapplicability of Section

    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(a)(1)(A) of this 
title.
    Section inapplicable to 1991 through 1995 crops of wheat, see 
section 303 of Pub. L. 101-624, set out as a note under section 1331 of 
this title.
    Pub. L. 101-270, Apr. 10, 1990, 104 Stat. 134, provided: ``That 
section 332 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1332) 
shall not be applicable to the 1991 crop of wheat.''
    Section 310(a) of Pub. L. 99-198 provided that: ``Sections 332, 333, 
334, 335, 336, and 338 of the Agricultural Adjustment Act of 1938 (7 
U.S.C. 1332-1336 and 1338) shall not be applicable to the 1986 crop of 
wheat.''
    Section inapplicable to 1982 through 1985 crops of wheat, see 
section 303 of Pub. L. 97-98, set out as a note under section 1331 of 
this title.
    Section inapplicable to 1978 through 1981 crops of wheat, see 
section 404 of Pub. L. 95-113, set out as a note under section 1331 of 
this title.
    Pub. L. 91-524, title IV, Sec. 404(1), Nov. 30, 1970, 84 Stat. 1366, 
as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87 Stat. 229, 
provided that this section is not applicable to 1971 through 1977 crops 
of wheat.


      1965 Crop National Marketing Quota and Crop Acreage Allotment

    Section 201 of Pub. L. 88-297, title II, Apr. 11, 1964, 78 Stat. 
178, directed Secretary to not proclaim a national marketing quota for 
1965 crop of wheat and that farm marketing quotas shall not be in effect 
for such crop of wheat, and required Secretary to proclaim a national 
acreage allotment for 1965 crop of wheat which shall be the number of 
acres which he determined would make available an adequate supply of 
wheat, but not less than forty-nine million five hundred thousand acres.


                 Deferral of Proclamation for 1963 Crop

    Pub. L. 87-485, June 15, 1962, 76 Stat. 103, authorized Secretary of 
Agriculture to defer until July 15, 1962, any proclamation under this 
section with respect to a national acreage allotment for 1963 crop of 
wheat and any proclamation under section 1335 of this title with respect 
to marketing quotas for such crop of wheat.
    Pub. L. 87-450, May 15, 1962, 76 Stat. 69, authorized Secretary of 
Agriculture to defer until June 15, 1962, any proclamation under this 
section with respect to a national acreage allotment for 1963 crop of 
wheat and any proclamation under section 1335 of this title for such 
crop of wheat.


                 Deferral of Proclamation for 1960 Crop

    Pub. L. 86-27, May 15, 1959, 73 Stat. 25, authorized Secretary of 
Agriculture to defer until June 1, 1959, any proclamation under this 
section with respect to a national acreage allotment for 1960 crop of 
wheat and any proclamation under section 1335 of this title with respect 
to marketing quotas for such crop of wheat.
