
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: 7USC1336]

 
                          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. 1336. Referendum

    If a national marketing quota for wheat for one, two, or three 
marketing years is proclaimed, the Secretary shall, not later than 
August 1 of the calendar year in which such national marketing quota is 
proclaimed, conduct a referendum, by secret ballot, of farmers to 
determine whether they favor or oppose marketing quotas for the 
marketing year or years for which proclaimed. Any producer who has a 
farm acreage allotment shall be eligible to vote in any referendum held 
pursuant to this section, except that a producer who has a farm acreage 
allotment of less than fifteen acres shall not be eligible to vote 
unless the farm operator elected pursuant to section 1335 of this title 
to be subject to the farm marketing quota. The Secretary shall proclaim 
the results of any referendum held hereunder within thirty days after 
the date of such referendum, and if the Secretary determines that more 
than one-third of the farmers voting in the referendum voted against 
marketing quotas, the Secretary shall proclaim that marketing quotas 
will not be in effect with respect to the crop of wheat produced for 
harvest in the calendar year following the calendar year in which the 
referendum is held. If the Secretary determines that two-thirds or more 
of the farmers voting in a referendum approve marketing quotas for a 
period of two or three marketing years, no referendum shall be held for 
the subsequent year or years of such period. Notwithstanding any other 
provision hereof, the referendum with respect to the national marketing 
quota for wheat for the marketing year beginning June 1, 1986, may be 
conducted not later than thirty-one days after December 20, 1985.

(Feb. 16, 1938, ch. 30, title III, Sec. 336, 52 Stat. 55; July 3, 1948, 
ch. 827, title II, Sec. 204(b), 62 Stat. 1256; Pub. L. 87-104, July 25, 
1961, 75 Stat. 220; Pub. L. 87-128, title I, Sec. 122(f), Aug. 8, 1961, 
75 Stat. 297; Pub. L. 87-540, July 19, 1962, 76 Stat. 170; Pub. L. 87-
703, title III, Sec. 316, Sept. 27, 1962, 76 Stat. 621; Pub. L. 88-297, 
title II, Sec. 202(6), Apr. 11, 1964, 78 Stat. 179; Pub. L. 89-82, July 
24, 1965, 79 Stat. 258; Pub. L. 91-348, July 23, 1970, 84 Stat. 448; 
Pub. L. 91-455, Oct. 15, 1970, 84 Stat. 969; Pub. L. 93-68, July 10, 
1973, 87 Stat. 161; Pub. L. 95-48, June 17, 1977, 91 Stat. 229; Pub. L. 
97-24, Sec. 1, July 23, 1981, 95 Stat. 143; Pub. L. 97-62, Oct. 14, 
1981, 95 Stat. 1010; Pub. L. 97-67, Sec. 2, Oct. 20, 1981, 95 Stat. 
1039; Pub. L. 97-77, Sec. 2(b), Nov. 13, 1981, 95 Stat. 1069; Pub. L. 
99-63, July 11, 1985, 99 Stat. 119; Pub. L. 99-198, title III, Sec. 306, 
Dec. 23, 1985, 99 Stat. 1382.)

                          Codification

    ``December 20, 1985'' substituted in text for ``adjournment sine die 
of the first session of the Ninety-ninth Congress''.


                               Amendments

    1985--Pub. L. 99-198, temporarily amended section generally. Prior 
to amendment, section read as follows: ``If a national marketing quota 
for wheat for one, two, or three marketing years is proclaimed, the 
Secretary shall, not later than August 1 of the calendar year in which 
such national marketing quota is proclaimed, conduct a referendum, by 
secret ballot, of farmers to determine whether they favor or oppose 
marketing quotas for the marketing year or years for which proclaimed. 
Any producer who has a farm acreage allotment shall be eligible to vote 
in any referendum held pursuant to this section, except that a producer 
who has a farm acreage allotment of less than fifteen acres shall not be 
eligible to vote unless the farm operator elected pursuant to section 
1335 of this title to be subject to the farm marketing quota. The 
Secretary shall proclaim the results of any referendum held hereunder 
within thirty days after the date of such referendum, and if the 
Secretary determines that more than one-third of the farmers voting in 
the referendum voted against marketing quotas, the Secretary shall 
proclaim that marketing quotas will not be in effect with respect to the 
crop of wheat produced for harvest in the calendar year following the 
calendar year in which the referendum is held. If the Secretary 
determines that two-thirds or more of the farmers voting in a referendum 
approve marketing quotas for a period of two or three marketing years, 
no referendum shall be held for the subsequent year or years of such 
period. Notwithstanding any other provision hereof, the referendum with 
respect to the national marketing quota for wheat for the marketing year 
beginning June 1, 1986, may be conducted not later than thirty-one days 
after adjournment sine die of the first session of the Ninety-ninth 
Congress.'' See Effective and Termination Dates of 1985 Amendment note 
below.
    Pub. L. 99-63 substituted ``year beginning June 1, 1986, may be 
conducted not later than thirty-one days after adjournment sine die of 
the first session of the Ninety-ninth Congress'' for ``year beginning 
June 1, 1982, may be conducted not later than the earlier of the 
following: (1) thirty days after adjournment sine die of the first 
session of the Ninety-seventh Congress, or (2) January 1, 1982''.
    1981--Pub. L. 97-77 substituted ``January 1, 1982'' for ``November 
15, 1981'' in sentence covering the date of the referendum for the 
national marketing quota for wheat for the marketing year beginning June 
1, 1982.
    Pub. L. 97-62 and Pub. L. 97-67 made identical amendments providing 
for substitution of ``November 15, 1981'' for ``October 15, 1981'' in 
sentence covering the date of the referendum for the national marketing 
quota for wheat for the marketing year beginning June 1, 1982.
    Pub. L. 97-24 substituted ``June 1, 1982'' for ``June 1, 1978'', 
``Ninety-seventh Congress'' for ``Ninety-fifth Congress'', and ``October 
15, 1981'' for ``October 15, 1977''.
    1977--Pub. L. 95-48 substituted provisions extending the date for 
the conduct of the referendum with respect to the national marketing for 
wheat for the marketing year beginning June 1, 1978, by allowing the 
referendum to be conducted not later than thirty days after the 
adjournment sine die of the first session of the Ninety-fifth Congress 
or Oct. 15, 1977, whichever is earlier, for provisions which had set the 
time limits for the referendums with respect to the national marketing 
quotas for wheat for the marketing years beginning July 1, 1966, July 1, 
1971, and July 1, 1974, respectively.
    1973--Pub. L. 93-68 extended time within which the Secretary of 
Agriculture is required to conduct a referendum with respect to the 1974 
crop of wheat, if marketing quotas are to be in effect for that crop, to 
the earlier of thirty days after adjournment of the first session of the 
Ninety-third Congress or Oct. 15, 1973.
    1970--Pub. L. 91-455 inserted provision extending until 30 days 
after adjournment sine die of the second session of the 91st Congress 
the time within which the Secretary of Agriculture is required to 
conduct a referendum with respect to the 1971 crop of wheat, if 
marketing quotas are to be in effect for that crop.
    Pub. L. 91-348 extended the time within which the Secretary of 
Agriculture is required to conduct a referendum with respect to the 1971 
crop of wheat, if marketing quotas are to be in effect for that crop, to 
the earlier of thirty days after adjournment sine die of the second 
session of the ninety-first Congress or October 15, 1970.
    1965--Pub. L. 89-82 extended until 30 days after adjournment sine 
die of the first session of the 89th Congress the time within which the 
Secretary of Agriculture is required to conduct a referendum with 
respect to the 1966 crop of wheat, if marketing quotas are to be in 
effect for that crop.
    1964--Pub. L. 88-297 substituted ``not later than August 1 of the 
calendar year in which such national marketing quota is proclaimed'' for 
``not later than sixty days after such proclamation is published in the 
Federal Register''.
    1962--Pub. L. 87-703 substituted provisions for a referendum to be 
held not later than sixty days after publication in the Federal Register 
of national marketing quota proclamation to determine if the farmers 
favor or oppose the quota for the year or years for which proclaimed, 
making producers on farms having farm acreage allotments eligible to 
vote except farmers with small farm base acreage for which the operator 
did not elect to be subject to the program, directing results of 
referendum to be proclaimed within 30 days after date of referendum for 
provisions for referendum between date of proclamation of national 
marketing quota and July 25, making farmers, who produced more than 15 
acres of wheat eligible to vote, excluding farmers who obtained the feed 
wheat exemption for the immediately preceding crop, permitting such 
referendum for marketing year beginning July 1, 1962, to be held not 
later than Aug. 26, 1961, and excluding farmers from voting in the 1961 
referendum who had not produced in excess of 13.5 acres of wheat in at 
least one of the years 1959, 1960, or 1961 and permitting such 
referendum for marketing year beginning July 1, 1963, to be held not 
later than Aug. 31, 1962.
    Pub. L. 87-540 inserted provisions for conducting wheat marketing 
quota referendum for marketing year beginning July 1, 1963, not later 
than August 31, 1962.
    1961--Pub. L. 87-128 prohibited farmers who have not produced in 
excess of 13.5 acres of wheat in at least one of the years 1959, 1960, 
or 1961 from voting in the referendum conducted with respect to the 
national marketing quota for the marketing year beginning July 1, 1962.
    Pub. L. 87-104 inserted provisions for conducting wheat marketing 
quota referendum for marketing year beginning July 1, 1962, not later 
than August 26, 1961.
    1948--Act July 3, 1948, substituted ``July 25'' for ``June 10''.


            Effective and Termination Dates of 1985 Amendment

    Section 306 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 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 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.


                    Date of Referendum for 1954 Crop

    Act July 14, 1953, ch. 194, Sec. 4(b), 67 Stat. 152, provided that 
the referendum with respect to 1954 crop of wheat could be held as late 
as Aug. 15, 1953.
