
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: 7USC1358]

 
                          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 vi--marketing quotas--peanuts
 
Sec. 1358. National marketing quota


(a) Proclamation; amount

    Between July 1 and December 1 of each calendar year the Secretary 
shall proclaim the amount of the national marketing quota for peanuts 
for the crop produced in the next succeeding calendar year in terms of 
the total quantity of peanuts which will make available for marketing a 
supply of peanuts from the crop with respect to which the quota is 
proclaimed equal to the average quantity of peanuts harvested for nuts 
during the five years immediately preceding the year in which such quota 
is proclaimed, adjusted for current trends and prospective demand 
conditions, and the quota so proclaimed shall be in effect with respect 
to such crop. The national marketing quota for peanuts for any year 
shall be converted to a national acreage allotment by dividing such 
quota by the normal yield per acre of peanuts for the United States 
determined by the Secretary on the basis of the acreage yield per acre 
of peanuts in the five years preceding the year in which the quota is 
proclaimed, with such adjustments as may be found necessary to correct 
for trends in yields and for abnormal conditions of production affecting 
yields in such five years: Provided, That the national marketing quota 
established for the crop produced in the calendar year 1941 shall be a 
quantity of peanuts sufficient to provide a national acreage allotment 
of not less than one million six hundred and ten thousand acres, and 
that the national marketing quota established for any subsequent year 
shall be quantity of peanuts sufficient to provide a national acreage 
allotment of not less than that established for the crop produced in the 
calendar year 1941.

(b) Referendum

    Not later than December 15 of each calendar year the Secretary shall 
conduct a referendum of farmers engaged in the production of peanuts in 
the calendar year in which the referendum is held to determine whether 
such farmers are in favor of or opposed to marketing quotas with respect 
to the crops of peanuts produced in the three calendar years immediately 
following the year in which the referendum is held, except that, if as 
many as two-thirds of the farmers voting in any referendum vote in favor 
of marketing quotas, no referendum shall be held with respect to quotas 
for the second and third years of the period. The Secretary shall 
proclaim the results of the referendum within thirty days after the date 
on which it is held, and, if more than one-third of the farmers voting 
in the referendum vote against marketing quotas, the Secretary also 
shall proclaim that marketing quotas will not be in effect with respect 
to the crop of peanuts produced in the calendar year immediately 
following the calendar year in which the referendum is held. 
Notwithstanding any other provisions of this section, the Secretary 
shall proclaim a national marketing quota with respect to the crop of 
peanuts produced in the calendar year 1941 equal to the minimum quota 
provided for said year in subsection (a) of this section and shall 
provide for the holding of a referendum on such quota within thirty days 
after April 3, 1941, and the State and farm acreage allotments 
established under the 1941 agricultural conservation program shall be 
the State and farm acreage allotments for the 1941 crop of peanuts. 
Notwithstanding any other provision hereof, the referendum with respect 
to marketing quotas for the crops of peanuts produced in the 1986, 1987, 
and 1988 calendar years may be conducted not later than thirty-one days 
after adjournment sine die of the first session of the Ninety-ninth 
Congress.

(c) Apportionment of national acreage allotment

    (1) The national acreage allotment for 1951, less the acreage to be 
allotted to new farms under subsection (f) of this section, shall be 
apportioned among the States on the basis of the larger of the following 
for each State: (a) The acreage allotted to the State as its share of 
the 1950 national acreage allotment of two million one hundred thousand 
acres, or (b) the State's share of two million one hundred thousand 
acres apportioned to States on the basis of the average acreage 
harvested for nuts in each State in the five years 1945-1949: Provided, 
That any allotment so determined for any State which is less than the 
1951 State allotment announced by the Secretary prior to February 16, 
1938, shall be increased to such announced allotment and the acreage 
required for such increases shall be in addition to the 1951 national 
acreage allotment and shall be considered in determining State acreage 
allotments in future years. For any year subsequent to 1951, the 
national acreage allotment for that year shall be apportioned among the 
States on the basis of their share of the national acreage allotment for 
the most recent year in which such apportionment was made.
    (2) Notwithstanding any other provision of law, if the Secretary of 
Agriculture determines, on the basis of the average yield per acre of 
peanuts by types during the preceding five years, adjusted for trends in 
yields and abnormal conditions of production affecting yields in such 
five years, that the supply of any type or types of peanuts for any 
marketing year, beginning with the 1951-1952 marketing year, will be 
insufficient to meet the estimated demand for cleaning and shelling 
purposes at prices at which the Commodity Credit Corporation may sell 
for such purposes peanuts owned or controlled by it, the State 
allotments for those States producing such type or types of peanuts 
shall be increased to the extent determined by the Secretary to be 
required to meet such demand but the allotment for any State may not be 
increased under this provision above the 1947 harvested acreage of 
peanuts for such State. The total increase so determined shall be 
apportioned among such States for distribution among farms producing 
peanuts of such type or types on the basis of the average acreage of 
peanuts of such type or types in the three years immediately preceding 
the year for which the allotments are being determined. The additional 
acreage so required shall be in addition to the national acreage 
allotment, the production from such acreage shall be in addition to the 
national marketing quota, and the increase in acreage allotted under 
this provision shall not be considered in establishing future State, 
county, or farm acreage allotments.

(d) Farm acreage allotments

    The Secretary shall provide for the apportionment of the State 
acreage allotment for any State, less the acreage to be allotted to new 
farms under subsection (f) of this section, through local committees 
among farms on which peanuts were grown in any of the three years 
immediately preceding the year for which such allotment is determined. 
The State acreage allotment for 1952 and any subsequent year shall be 
apportioned among farms on which peanuts were produced in any one of the 
three calendar years immediately preceding the year for which such 
apportionment is made, on the basis of the following: Past acreage of 
peanuts, taking into consideration the acreage allotments previously 
established for the farm; abnormal conditions affecting acreage; land, 
labor, and equipment available for the production of peanuts; crop-
rotation practices; and soil and other physical factors affecting the 
production of peanuts. Any acreage of peanuts harvested in excess of the 
allotted acreage for any farm for any year shall not be considered in 
the establishment of the allotment for the farm in succeeding years. The 
amount of the marketing quota for each farm shall be the actual 
production of the farm-acreage allotment, and no peanuts shall be 
marketed under the quota for any farm other than peanuts actually 
produced on the farm.

(e) County acreage allotments

    Notwithstanding the foregoing provisions of this section, the 
Secretary may, if the State committee recommends such action and the 
Secretary determines that such action will facilitate the effective 
administration of the provisions of this chapter, provide for the 
apportionment of the State acreage allotment for 1952 and any subsequent 
year among the counties in the State on the basis of the past acreage of 
peanuts harvested for nuts (excluding acreage in excess of farm 
allotments) in the county during the five years immediately preceding 
the year in which such apportionment is made, with such adjustments as 
are deemed necessary for abnormal conditions affecting acreage, for 
trends in acreage, and for additional allotments for types of peanuts in 
short supply under the provisions of subsection (c) of this section. The 
county acreage allotment shall be apportioned among farms on the basis 
of the factors set forth in subsection (d) of this section.

(f) New farm allotments

    Not more than 1 per centum of the State acreage allotment shall be 
apportioned among farms in the State on which peanuts are to be produced 
during the calendar year for which the allotment is made but on which 
peanuts were not produced during any one of the past three years, on the 
basis of the following: Past peanut-producing experience by the 
producers; land, labor, and equipment available for the production of 
peanuts; crop-rotation practices; and soil and other physical factors 
affecting the production of peanuts.

(g) Release and reapportionment of farm-acreage allotments

    Any part of the acreage allotted to individual farms under the 
provisions of this section on which peanuts will not be produced and 
which is voluntarily surrendered to the county committee shall be 
deducted from the allotments to such farms and may be reapportioned by 
the county committee to other farms in the same county receiving 
allotments, in amounts determined by the county committee to be fair and 
reasonable on the basis of land, labor, and equipment available for the 
production of peanuts, crop-rotation practices, and soil and other 
physical factors affecting the production of peanuts. Any transfer of 
allotments under this provision shall not operate to reduce the 
allotment for any subsequent year for the farm from which acreage is 
transferred, except as the farm becomes ineligible for an allotment by 
failure to produce peanuts during a three-year period, and any such 
transfer shall not operate to increase the allotment for any subsequent 
year for the farm to which the acreage is transferred: Provided, That, 
notwithstanding any other provisions of this chapter, any part of any 
farm acreage allotment may be permanently released in writing to the 
county committee by the owner and operator of the farm, and 
reapportioned as provided herein.

(h) Repealed. Feb. 16, 1938, ch. 30, title III, Sec. 378(d), as added 
        Pub. L. 85-835, title V, Sec. 501, Aug. 28, 1958, 72 Stat. 996

(i) Production on farms with no allotments

    The production of peanuts on a farm in 1959 or any subsequent year 
for which no farm acreage allotment was established shall not make the 
farm eligible for an allotment as an old farm under subsection (d) of 
this section: Provided, however, That by reason of such production the 
farm need not be considered as ineligible for a new farm allotment under 
subsection (f) of this section, but such production shall not be deemed 
past experience in the production of peanuts for any producer on the 
farm.

(j) Transfer of acreage allotment

    Notwithstanding any other provision of this chapter, if the 
Secretary determines for 1976 or a subsequent year that because of a 
natural disaster a portion of the farm peanut acreage allotments in a 
county cannot be timely planted or replanted in such year, he may 
authorize for such year the transfer of all or a part of the peanut 
acreage allotments for any farm in the county so affected to another 
farm in the county or in an adjoining county in the same or an adjoining 
State on which one or more of the producers on the farm from which the 
transfer is to be made will be engaged in the production of peanuts and 
will share in the proceeds thereof, in accordance with such regulations 
as the Secretary may prescribe. Any farm allotment transferred under 
this subsection shall be deemed to be released acreage for the purpose 
of acreage history credits under subsection (g) of this section and 
section 1377 of this title: Provided, That notwithstanding the 
provisions of subsection (g) of this section, the transfer of any farm 
allotment under this subsection shall operate to make the farm from 
which the allotment was transferred eligible for an allotment as having 
peanuts planted thereon during the three-year base period.

(Feb. 16, 1938, ch. 30, title III, Sec. 358, as added Apr. 3, 1941, ch. 
39, Sec. 1, 55 Stat. 88; amended July 9, 1942, ch. 497, Sec. 1(1), 56 
Stat. 653; July 26, 1946, ch. 677, 60 Stat. 705; Aug. 1, 1947, ch. 445, 
Sec. 1, 61 Stat. 721; Aug. 29, 1949, ch. 518, Sec. 4, 63 Stat. 676; Mar. 
31, 1950, ch. 81, Sec. 6(b), 64 Stat. 43; Apr. 12, 1951, ch. 28, Sec. 1, 
65 Stat. 29; Pub. L. 85-717, Sec. 1, Aug. 21, 1958, 72 Stat. 709; Feb. 
16, 1938, ch. 30, title III, Sec. 378(d), as added Pub. L. 85-835, title 
V, Sec. 501, Aug. 28, 1958, 72 Stat. 996; Pub. L. 92-62, Secs. 1-3, Aug. 
3, 1971, 85 Stat. 163, 164; Pub. L. 94-247, Mar. 25, 1976, 90 Stat. 285; 
Pub. L. 95-113, title VIII, Secs. 801(b), 802, Sept. 29, 1977, 91 Stat. 
944; Pub. L. 97-98, title VII, Sec. 702, Dec. 22, 1981, 95 Stat. 1248; 
Pub. L. 99-157, Sec. 5, Nov. 15, 1985, 99 Stat. 818; Pub. L. 99-198, 
title VII, Sec. 702, Dec. 23, 1985, 99 Stat. 1430; Pub. L. 102-237, 
title I, Sec. 117(b)(2)(A), Dec. 13, 1991, 105 Stat. 1841.)


                               Amendments

    1991--Subsec. (v)(3). Pub. L. 102-237 made a technical amendment to 
the reference to section 1359(c) of this title to reflect the 
renumbering of the corresponding section of the original act.
    1985--Subsec. (b). Pub. L. 99-157 inserted at end ``Notwithstanding 
any other provision hereof, the referendum with respect to marketing 
quotas for the crops of peanuts produced in the 1986, 1987, and 1988 
calendar years may be conducted not later than thirty-one days after 
adjournment sine die of the first session of the Ninety-ninth 
Congress.''
    Subsecs. (q) to (v). Pub. L. 99-198 temporarily added subsecs. (q) 
to (v). See Effective and Termination Dates of 1985 Amendment note 
below.
    1981--Subsecs. (k) to (p). Pub. L. 97-98 temporarily added subsecs. 
(k) to (p). See Effective and Termination Dates of 1981 Amendment note 
below.
    1977--Subsec. (c)(1). Pub. L. 95-113, Sec. 801(b), temporarily 
inserted proviso that the peanut acreage allotment for the State of New 
Mexico not be reduced below the 1977 acreage allotment as increased 
pursuant to subsec. (c)(2) of this section. See Effective and 
Termination Dates of 1977 Amendment note below.
    Subsecs. (k) to (p). Pub. L. 95-113, Sec. 802, temporarily added 
subsecs. (k) to (p). See Effective and Termination Dates of 1977 
Amendment note below.
    1976--Subsec. (j). Pub. L. 94-247 added subsec. (j).
    1971--Subsec. (c)(1). Pub. L. 92-62, Sec. 1, struck out ``, less the 
acreage to be allotted to new farms under subsection (f) of this 
section,'' after ``For any year subsequent to 1951, the national acreage 
allotment for that year''.
    Subsec. (d). Pub. L. 92-62, Sec. 2, inserted in first sentence 
``the'' before ``apportionment'' and ``, less the acreage to be allotted 
to new farms under subsection (f) of this section,''.
    Subsec. (f). Pub. L. 92-62, Sec. 3, substituted ``1 per centum of 
the State acreage allotment shall be apportioned among farms in the 
State'' for ``one per centum of the national acreage allotment shall be 
apportioned among farms''.
    1958--Subsec. (h). Act Feb. 16, 1938, Sec. 378(d), as added by Pub. 
L. 85-835, repealed subsec. (h) which related to allotments for 
displaced farm owners, and is covered by section 1378(a), (b) of this 
title.
    Subsec. (i). Pub. L. 85-717 added subsec. (i).
    1951--Subsec. (c). Act Apr. 12, 1951, provided for allocation of 
1951 national acreage allotment among the States.
    Subsec. (d). Act Apr. 12, 1951, provided that the State acreage 
allotment for 1952 and subsequent years shall be apportioned among old 
peanut farms on basis of past acreage of peanuts.
    Subsecs. (e) to (h). Act Apr. 12, 1951, added subsecs. (e) to (h).
    1950--Subsec. (d). Act Mar. 31, 1950, provided that any acreage of 
peanuts harvested in excess of allotted acreage for any farm for any 
year shall not be considered in establishment of allotment for the farm 
in succeeding years.
    1949--Subsec. (c). Act Aug. 29, 1949, provided that acreage 
allotment for any State after 1949 shall not be less than 60 percent of 
acreage of peanuts harvested for nuts in the State in 1948.
    1947--Subsec. (d). Act Aug. 1, 1947, substituted last sentence for 
former last sentence which, as substituted by act July 9, 1942, provided 
that the amount of marketing quota for each farm should be a number of 
pounds of peanuts equal to the normal or actual production, which ever 
was greater, of the farm peanut acreage allotment.
    1946--Subsec. (a). Act July 26, 1946, struck out of proviso ``95 per 
centum of'' in order to give States an allotment at least equal to 100 
percent of the acreage in said State during 1941.
    Subsec. (c). Act July 26, 1946, struck out of first proviso ``95 per 
centum of'' and inserted immediately preceding colon ``and any 
additional acreage so required shall be in addition to the national 
allotment and the production from such acreage shall be in addition to 
the national marketing quota'' in order to give States an allotment at 
least equal to 100 percent of the acreage in said State during 1941, and 
to protect other States against any loss of acreage by reason of this 
change.
    1942--Subsec. (d). Act July 9, 1942, substituted last sentence for 
former last sentence.


            Effective and Termination Dates of 1985 Amendment

    Section 702 of Pub. L. 99-198 provided that the amendment made by 
that section is effective only for 1986 through 1990 crops of peanuts.


            Effective and Termination Dates of 1981 Amendment

    Section 702 of Pub. L. 97-98 provided that the amendment made by 
that section is effective only for 1982 through 1985 crops of peanuts.


            Effective and Termination Dates of 1977 Amendment

    Section 801(b) of Pub. L. 95-113 provided that the amendment made by 
that section is effective for 1978 through 1981 crops of peanuts.
    Section 802 of Pub. L. 95-113 provided that the amendment made by 
that section is effective for 1978 through 1981 crops of peanuts.


                            Savings Provision

    Transfer or reassignment of allotment as remaining in effect and 
ineligibility of displaced farm owner for additional allotment 
notwithstanding repeal of subsec. (h), see note set out under section 
1378 of this title.

                          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.

                  Exceptions From Transfer of Functions

    Functions of Corporations of Department of Agriculture, boards of 
directors and officers of such corporations; Advisory Board of Commodity 
Credit Corporation; and Farm Credit Administration or any agency, 
officer, or entity of, under, or subject to supervision of said 
Administration excepted from functions of officers, agencies, and 
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan 
No. 2, Sec. 1.


                       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)(B) of this 
title.
    Pub. L. 101-624, title VIII, Sec. 801(1), Nov. 28, 1990, 104 Stat. 
3459, provided that subsecs. (a) through (j) of this section are 
inapplicable to 1991 through 1995 peanut crops.
    Section 701(1) of Pub. L. 99-198 provided that subsecs. (a) through 
(j) of this section are inapplicable to 1986 through 1990 peanut crops.
    Section 701(1) of Pub. L. 97-98 provided that subsecs. (a) through 
(j) of this section are inapplicable to 1982 through 1985 peanut crops.
    Section 801(a) of Pub. L. 95-113 provided that: ``Subsections (a) 
and (e) [of this section] shall not be applicable to the 1978 through 
1981 crops of peanuts.''


                    Peanut Acreage Allotment for 1950

    Section 7 of act Mar. 31, 1950, prohibited reduction of the peanut 
acreage allotment for any State by a percentage larger than the 
percentage by which the 1950 national acreage allotment is below the 
1949 national acreage allotment and directed that the allotment for any 
State shall be increased to the extent required to provide such minimum 
State allotment and such acreage required shall be in addition to the 
national acreage allotment.


                    Emergency Farm Acreage Allotment

    Act Feb. 28, 1945, ch. 15, 59 Stat. 9, provided for farm acreage 
allotment during national emergency proclaimed by the President on Sept. 
8, 1939, and May 27, 1941. Such emergencies terminated on July 25, 1947, 
by the provisions of Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 
451.

                  Section Referred to in Other Sections

    This section is referred to in section 7301 of this title.
