
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: 7USC1335]

 
                          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. 1335. Small-farm exemption; small-farm base acreage; 
        election; acreage allotment; land-use provisions; price support; 
        wheat marketing certificates
        
    Notwithstanding any other provision of this subpart, no farm 
marketing quota for any crop of wheat shall be applicable to any farm 
with a farm acreage allotment of less than fifteen acres if the acreage 
of such crop of wheat does not exceed the small-farm base acreage 
determined for the farm, unless the operator elects in writing on a form 
and within the time prescribed by the Secretary to be subject to the 
farm acreage allotment and marketing quota. The small-farm base acreage 
for a farm shall be the smaller of (A) the average acreage of the crop 
of wheat planted for harvest in the three years 1959, 1960, and 1961, or 
such later three-year period, excluding 1963, determined by the 
Secretary to be representative, with adjustments for abnormal weather 
conditions, established crop-rotation practices on the farm, and such 
other factors as the Secretary determines should be considered for the 
purpose of establishing a fair and equitable small-farm base acreage, or 
(B) fifteen acres. The acreage allotment for any farm shall be the 
larger of (1) the small-farm base acreage determined as provided above 
on the basis of the three-year period 1959-1961, reduced by the same 
percentage by which the national acreage allotment for the crop is 
reduced below fifty-five million acres, or (2) the acreage allotment 
determined without regard to (1) above. If the operator of any such farm 
fails to make such election with respect to any crop of wheat, (i) for 
the purposes of section 1340 of this title, the farm acreage allotment 
for such crop of wheat shall be deemed to be the larger of (A) the 
small-farm base acreage or (B) the acreage allotment for the farm, (ii) 
the land-use provisions of section 1339 of this title shall be 
inapplicable to the farm, (iii) such crop of wheat shall not be eligible 
for price support, and (iv) wheat marketing certificates applicable to 
such crop shall not be issued with respect to the farm. The additional 
acreage required to provide acreage allotments for farms based upon 
small-farm base acreages under this section shall be in addition to 
National, State, and county acreage allotments. This section shall not 
be applicable to the crops planted for harvest in 1967 and subsequent 
years.

(Feb. 16, 1938, ch. 30, title III, Sec. 335, 52 Stat. 54; July 26, 1939, 
ch. 379, 53 Stat. 1126; June 6, 1940, ch. 237, 54 Stat. 232; July 3, 
1948, ch. 827, title II, Secs. 204(a), 62 Stat. 1256; Aug. 28, 1954, ch. 
1041, title III, Sec. 309, 68 Stat. 903; Pub. L. 85-203, Sec. 1, Aug. 
28, 1957, 71 Stat. 477; Pub. L. 87-128, title I, Sec. 122(e), Aug. 8, 
1961, 75 Stat. 297; Pub. L. 87-703, title III, Sec. 315, Sept. 27, 1962, 
76 Stat. 621; Pub. L. 89-321, title V, Sec. 501(8), Nov. 3, 1965, 79 
Stat. 1201; Pub. L. 99-198, title III, Sec. 305, Dec. 23, 1985, 99 Stat. 
1380.)


                               Amendments

    1985--Pub. L. 99-198 amended section generally, temporarily 
substituting provisions relating to marketing penalties for provisions 
for small-farm exemptions from marketing quotas. See Effective and 
Termination Dates of 1985 Amendment note below.
    1965--Pub. L. 89-321 made section inapplicable to crops planted for 
harvest in 1967 and subsequent years.
    1962--Pub. L. 87-703 substituted provisions for small-farm exemption 
from marketing quotas for provisions of subsecs. (a), (b), (c), (e), and 
(f), respecting the establishment of marketing quotas, the amount of 
national and farm marketing quotas, designation of States outside 
commercial wheat-producing areas (now covered by section 1334b of this 
title), and feed wheat exemption permitting any producer to harvest up 
to 30 acres of wheat without penalty if the entire crop is used on the 
farm where produced.
    1961--Subsec. (d). Pub. L. 87-128 repealed subsec. (d) which 
provided that no farm marketing quota with respect to wheat shall be 
applicable in any marketing year to any farm on which the normal 
production of the acreage planted to wheat of the current crop is less 
than 200 bushels.
    1957--Subsec. (f). Pub. L. 85-203 added subsec. (f).
    1954--Subsec. (a). Act Aug. 28, 1954, Sec. 309(a), substituted ``May 
15'' for ``July 1''.
    Subsec. (e). Act Aug. 28, 1954, Sec. 309(b), added subsec. (e).
    1948--Subsec. (a). Act July 3, 1948, changed conditions which must 
be determined by the Secretary to exist before marketing quotas can be 
imposed.
    1940--Subsec. (d). Act June 6, 1940, substituted ``two hundred'' for 
``one hundred''.


            Effective and Termination Dates of 1985 Amendment

    Section 305 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

    Amendment by Pub. L. 89-321 effective beginning with the crop 
planted for harvest in calendar year 1966, see section 501 of Pub. L. 
89-321, set out as a note under section 1332 of this title.


                    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.


                    Effective Date of 1961 Amendment

    Section 122(e) of Pub. L. 87-128 provided that the amendment made by 
that section is effective with 1962 crop of wheat.


                    Effective Date of 1948 Amendment

    Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 
303 of act July 3, 1948, 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.
    Section inapplicable to 1986 crop of wheat, see section 310(a) of 
Pub. L. 99-198, set out as a note under section 1332 of this title.
    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1334, 1336, 1339, 1379c, 
1441, 1445a of this title.
