
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: 7USC1371]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                    Part C--Administrative Provisions
 
            subpart ii--adjustment of quotas and enforcement
 
Sec. 1371. General adjustment of quotas


(a) Investigation and adjustment to maintain normal supply

    If at any time the Secretary has reason to believe that in the case 
of cotton, rice, peanuts, or tobacco the operation of farm marketing 
quotas in effect will cause the amount of such commodity which is free 
of marketing restrictions to be less than the normal supply for the 
marketing year for the commodity then current, he shall cause an 
immediate investigation to be made with respect thereto. In the course 
of such investigation due notice and opportunity for hearing shall be 
given to interested persons. If upon the basis of such investigation the 
Secretary finds the existence of such fact, he shall proclaim the same 
forthwith. He shall also in such proclamation specify such increase in, 
or termination of, existing quotas as he finds, on the basis of such 
investigation, is necessary to make the amount of such commodity which 
is free of marketing restrictions equal the normal supply.

(b) Adjustment because of emergency or export demand

    If the Secretary has reason to believe that, because of a national 
emergency or because of a material increase in export demand, any 
national marketing quota or acreage allotment for cotton, rice, peanuts, 
or tobacco should be increased or terminated, he shall cause an 
immediate investigation to be made to determine whether the increase or 
termination is necessary to meet such emergency or increase in export 
demand. If, on the basis of such investigation, the Secretary finds that 
such increase or termination is necessary, he shall immediately proclaim 
such finding (and if he finds an increase is necessary, the amount of 
the increase found by him to be necessary) and thereupon such quota or 
allotment shall be increased, or shall terminate, as the case may be.

(c) Increase of farm quota on increase of national quota

    In case any national marketing quota or acreage allotment for any 
commodity is increased under this section, each farm marketing quota for 
the commodity shall be increased in the same ratio.

(Feb. 16, 1938, ch. 30, title III, Sec. 371, 52 Stat. 64; Apr. 3, 1941, 
ch. 39, Sec. 5, 55 Stat. 92; Aug. 28, 1954, ch. 1041, title III, 
Sec. 312, 68 Stat. 904; Pub. L. 87-703, title III, Sec. 321, Sept. 27, 
1962, 76 Stat. 626.)


                               Amendments

    1962--Subsec. (a). Pub. L. 87-703, Sec. 321(1), struck out ``corn, 
wheat,'' before ``cotton''.
    Subsec. (b). Pub. L. 87-703, Sec. 321(2), struck out ``any national 
acreage allotment for corn, or'' after ``export demand,'', ``wheat,'' 
before ``cotton'' and ``in order to effect the declared policy of this 
chapter or'' before ``to meet such emergency''.
    1954--Subsec. (b). Act Aug. 28, 1954, Sec. 312(a), inserted proviso 
relating to national acreage allotment for corn, and struck out corn 
from national marketing quota provision.
    Subsec. (c). Act Aug. 28, 1954, Sec. 312(b), inserted ``or acreage 
allotment'' after ``marketing quota'' wherever appearing.
    Subsec. (d). Act Aug. 28, 1954, Sec. 312(c), repealed subsec. (d) 
which related to the adjustment of corn storage regulations on change in 
marketing quotas.
    1941--Subsecs. (a), (b). Act Apr. 3, 1941, inserted ``peanuts,'' 
after ``rice,''.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-703 effective 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, see section 323 of Pub. L. 87-703, 
set out as a note under section 1301 of this title.


          Inapplicability to 1991 Through 1995 Crops of Peanuts

    Pub. L. 101-624, title VIII, Sec. 801(5), Nov. 28, 1990, 104 Stat. 
3459, provided that this section is inapplicable to 1991 through 1995 
crops of peanuts.


          Inapplicability to 1986 Through 1990 Crops of Peanuts

    Pub. L. 99-198, title VII, Sec. 701(5), Dec. 23, 1985, 99 Stat. 
1430, provided that this section is inapplicable to 1986 through 1990 
crops of peanuts.


          Inapplicability to 1982 Through 1985 Crops of Peanuts

    Pub. L. 97-98, title VII, Sec. 701(5), Dec. 22, 1981, 95 Stat. 1248, 
provided that this section is inapplicable to 1982 through 1985 crops of 
peanuts.
