
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: 7USC1379c]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                   Part D--Wheat Marketing Allocation
 
Sec. 1379c. Marketing certificates


(a) Issuance; amount; reduction; sharing among producers; domestic and 
        export certificates

    The Secretary shall provide for the issuance of wheat marketing 
certificates for each marketing year for which a wheat marketing 
allocation program is in effect for the purpose of enabling producers on 
any farm with respect to which certificates are issued to receive, in 
addition to the other proceeds from the sale of wheat, an amount equal 
to the value of such certificates. The wheat marketing certificates 
issued with respect to any farm for any marketing year shall be in the 
amount of the farm wheat marketing allocation for such year, but not to 
exceed (i) the actual acreage of wheat planted on the farm for harvest 
in the calendar year in which the marketing year begins multiplied by 
the normal yield of wheat for the farm, plus (ii) the amount of wheat 
stored under subsection (b) of this section or to avoid or postpone a 
marketing quota penalty, which is released from storage during the 
marketing year on account of underplanting or underproduction, and if 
this limitation operates to reduce the amount of wheat marketing 
certificates which would otherwise be issued with respect to the farm, 
such reduction shall be made first from the amount of export 
certificates which would otherwise be issued. The Secretary shall 
provide for the sharing of wheat marketing certificates among producers 
on the farm on the basis of their respective shares in the wheat crop 
produced on the farm, or the proceeds therefrom; except that in any case 
in which the Secretary determines that such basis would not be fair and 
equitable, the Secretary shall provide for such sharing on such other 
basis as he may determine to be fair and equitable. The Secretary shall, 
in accordance with such regulation as he may prescribe, provide for the 
issuance of domestic marketing certificates for the portion of the wheat 
marketing allocation representing wheat used for food products for 
consumption in the United States. The Secretary shall also provide for 
the issuance of export marketing certificates to eligible producers at 
the end of the marketing year on a pro rata basis. For such purposes, 
the value per bushel of export marketing certificates shall be an 
average of the total net proceeds from the sale of export marketing 
certificates during the marketing year after deducting the total amount 
of wheat export subsidies paid to exporters. An acreage on the farm 
which the Secretary finds was not planted to wheat for harvest in 1965 
because of drought, flood, or other natural disaster shall be deemed by 
the Secretary to be an actual acreage of wheat planted for harvest for 
purposes of this subsection, provided such acreage is not subsequently 
planted to any other price supported crop for 1965. An acreage on the 
farm not planted to wheat because of drought, flood, or other natural 
disaster shall be deemed to be an actual acreage of wheat planted for 
harvest for purposes of this subsection provided such acreage is not 
subsequently planted to any crop for which there are marketing quotas or 
voluntary adjustment programs in effect. Producers on any farm who have 
planted not less than 90 per centum of the acreage of wheat required to 
be planted in order to earn the full amount of marketing certificates 
for which the farm is eligible shall be deemed to have planted the 
entire acreage required to be planted for that purpose.

(b) Producers eligible for certificates; storage conditions

    No producer shall be eligible to receive wheat marketing 
certificates with respect to any farm for any marketing year in which a 
marketing quota penalty is assessed for any commodity on such farm or in 
which the farm has not complied with the land-use requirements of 
section 1339 of this title to the extent prescribed by the Secretary, or 
in which, except as the Secretary may by regulation prescribe, the 
producer exceeds the farm acreage allotment on any other farm for any 
commodity in which he has an interest as a producer. No producer shall 
be deemed to have exceeded a farm acreage allotment for wheat if the 
entire amount of the farm marketing excess is delivered to the Secretary 
or stored in accordance with applicable regulations to avoid or postpone 
payment of the penalty. No producer shall be deemed to have exceeded the 
farm acreage allotment for wheat on any other farm if such farm is 
exempt from the farm marketing quota for such crop under section 1335 of 
this title. Any wheat delivered to the Secretary hereunder shall become 
the property of the United States and shall be disposed of by the 
Secretary for relief purposes in the United States or in foreign 
countries or in such other manner as he shall determine will divert it 
from the normal channels of trade and commerce. Notwithstanding any 
other provision of this chapter, the Secretary may provide that a 
producer shall not be eligible to receive marketing certificates, or may 
adjust the amount of marketing certificates to be received by the 
producer, with respect to any farm for any year in which a variety of 
wheat is planted on the farm which has been determined by the Secretary, 
after consultation with State Agricultural Experiment Stations, 
agronomists, cereal chemists and other qualified technicians, to have 
undesirable milling or baking qualities and has made public announcement 
thereof.

(c) Face value

    The Secretary shall determine and proclaim for each marketing year 
the face value per bushel of wheat marketing certificates. The face 
value per bushel of domestic certificates shall be the amount by which 
the level of price support for wheat accompanied by domestic 
certificates exceeds the level of price support for wheat not 
accompanied by certificates (noncertificate wheat).

(d) Statement or form of certificates and transfers

    Marketing certificates and transfers thereof shall be represented by 
such documents, marketing cards, records, accounts, certifications, or 
other statements or forms as the Secretary may prescribe.

(e) Failure of producer to comply with programs; issuance of 
        certificates

    In any case in which the failure of a producer to comply fully with 
the term and conditions of the programs formulated under this chapter 
preclude the issuance of marketing certificates, the Secretary may, 
nevertheless, issue such certificates in such amounts as he determines 
to be equitable in relation to the seriousness of the default.

(Feb. 16, 1938, ch. 30, title III, Sec. 379c, as added Pub. L. 87-703, 
title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 627; amended Pub. L. 
88-297, title II, Sec. 202(12)-(14), Apr. 11, 1964, 78 Stat. 180, 181; 
Pub. L. 89-112, Sec. 3, Aug. 6, 1965, 79 Stat. 447; Pub. L. 89-321, 
title V, Secs. 508, 510(a), 513(b), (c), 515, 517, Nov. 3, 1965, 79 
Stat. 1204-1206; Pub. L. 89-451, Sec. 3, June 17, 1966, 80 Stat. 202; 
Pub. L. 91-524, title IV, Sec. 402(a), (b)(D), Nov. 30, 1970, 84 Stat. 
1364, as renumbered and amended Pub. L. 93-86, Sec. 1(9), Aug. 10, 1973, 
87 Stat. 225.)


                               Amendments

    1973--Subsec. (a)(1). Pub. L. 91-524, Sec. 402(b)(D), as added by 
Pub. L. 93-86, temporarily substituted references to a farm acreage 
allotment for references to the farm domestic allotment wherever 
appearing, struck out provisions limiting the impact of the section to 
the 1972 and 1973 crops of wheat, substituted ``estimated national 
average yield for the crop for which the determination is being made 
will produce the quantity (less imports) that he estimates will be 
utilized domestically and for export during the marketing year for such 
crop. If the Secretary determines that carryover stocks are excessive or 
an increase in stocks is needed to assure a desirable carryover, he may 
adjust the allotment by the amount he determines will accomplish the 
desired decrease or increase in carryover stocks'' for ``estimated 
national yield will result in marketing certificates being issued to 
producers participating in the program in an amount equal to the amount 
of wheat which he estimates will be used for food products for 
consumption in the United States during the marketing year for the crop 
(not less than 535 million bushels)'' in the provisions covering the 
determination of the estimated national yield, and inserted ``(1973 
national domestic allotment in the case of apportionment of the 1974 
national acreage allotment)'' before ``adjusted to the extent deemed 
necessary''. See Effective and Termination Dates of 1973 Amendment note 
below.
    Subsec. (a)(2). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub. L. 
93-86, temporarily struck out ``domestic'' before ``acreage allotment'' 
and ``wheat allotment''. See Effective and Termination Dates of 1973 
Amendment note below.
    Subsec. (a)(3). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub. L. 
93-86, temporarily struck out ``domestic'' before ``allotment'' and 
``wheat allotment'' wherever appearing and struck out provisions 
establishing special requirements to be met in determining the allotment 
for the 1971 crop of wheat. See Effective and Termination Dates of 1973 
Amendment note below.
    Subsec. (a)(4), (5). Pub. L. 91-524, Sec. 402(b)(D), as added by 
Pub. L. 93-86, temporarily struck out ``domestic'' before ``allotment'' 
wherever appearing. See Effective and Termination Dates of 1973 
Amendment note below.
    Subsec. (a)(6). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub. L. 
93-86, temporarily reenacted par. (6) without change. See Effective and 
Termination Dates of 1973 Amendment note below.
    Subsec. (b)(1). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub. L. 
93-86, temporarily struck out ``domestic'' before ``allotment'' wherever 
appearing and inserted ``, guar, castor beans, cotton, triticale, oats, 
rye, or such other crops as the Secretary may deem appropriate'' after 
``feed grains for which there is a set-aside program in effect''. See 
Effective and Termination Dates of 1973 Amendment note below.
    Subsec. (b)(2). Pub. L. 91-524, Sec. 402(b)(D), as added by Pub. L. 
93-86, temporarily struck out ``domestic'' before ``allotment'' wherever 
appearing and substituted ``payments'' for ``certificates'' and 
``section 1445a(c) of this title'' for ``this chapter''. See Effective 
and Termination Dates of 1973 Amendment note below.
    1970--Pub. L. 91-524, Sec. 402(a), formerly Sec. 402, temporarily 
substituted provisions for the apportionment of the farm domestic 
allotment for each crop of wheat among the States for provisions 
covering the marketing certificates program. See Effective and 
Termination Dates of 1970 Amendment note below.
    1966--Subsec. (a). Pub. L. 89-451 substituted ``any crop for which 
there are marketing quotas or voluntary adjustment programs in effect'' 
for ``any other income-producing crops during such year'' in penultimate 
sentence.
    1965--Subsec. (a). Pub. L. 89-321, Secs. 508, 513(b), authorized the 
Secretary to provide for the sharing of wheat marketing certificates 
among producers on a fair and equitable basis even though such basis 
might be other than the basis of their respective shares in the wheat 
crop produced on the farm, provided that acreage not planted to wheat 
because of drought, flood, or other natural disaster be deemed, with 
certain conditions, be planted for harvest for purposes of this 
subsection, and expanded the reference to the issuance of export 
marketing certificates by requiring their issuance on a pro rata basis 
and providing for the determination of such certificate's value per 
bushel.
    Pub. L. 89-112 provided that the Secretary shall deem acreage on the 
farm which the Secretary finds was not planted to wheat for harvest in 
1965 because of drought, flood, or other natural disaster, to be an 
actual acreage of wheat planted for harvest when that acreage was not 
subsequently planted to any other price supported crop for 1965.
    Subsec. (b). Pub. L. 89-321, Secs. 510(a), 517 substituted 
``projected farm yield'' for ``normal yield of wheat per acre 
established for the farm'', permitted delivery to the Secretary of the 
wheat produced on excess acreage as an additional means of disposing of 
excess wheat so as to allow a producer to be deemed not to have exceeded 
the farm acreage allotment for wheat for purposes of this section, and 
provided for the disposition of wheat delivered to the Secretary and the 
adjustment of certificates to a producer who has produced an undesirable 
variety of wheat following public announcement by the Secretary of its 
undesirable characteristics.
    Subsec. (c). Pub. L. 89-321, Sec. 513(c), struck out provisions that 
the face value per bushel of export certificates shall be the amount by 
which the level of price support for wheat accompanied by export 
certificates exceeds the level of price support for noncertificate 
wheat.
    Subsec. (e). Pub. L. 89-321, Sec. 515, added subsec. (e).
    1964--Subsec. (a). Pub. L. 88-297, Sec. 202(12), inserted ``under 
subsection (b) of this section or'' after ``stored'' in second sentence, 
added to such sentence provision for reduction of wheat marketing 
certificates from amount of export certificates, and inserted provision 
for issuance of domestic marketing certificates for wheat used for 
domestic consumption and export marketing certificates for wheat used 
for export.
    Subsec. (b). Pub. L. 88-297, Sec. 202(13), temporarily authorized 
producers who exceeded their wheat allotments to store their excess 
wheat in accordance with regulations issued by the Secretary and be 
eligible for wheat marketing certificates, prohibited wheat stored under 
this provision from being removed from storage until a subsequent year 
when acreage allotment was underplanted or the production on the acreage 
allotment was less than normal, required the producer (for removal of 
the wheat contrary to these conditions) to pay an amount one and one-
half times the value of the wheat marketing certificates issued with 
respect to the farm for the year in which the wheat on the acreage in 
excess of the allotment was produced, and made producers who exceeded 
their allotment and stored their excess wheat ineligible for diversion 
payments. See Effective and Termination Dates of 1964 Amendment note 
below.
    Subsec. (c). Pub. L. 88-297, Sec. 202(14), struck out introductory 
phrase ``Whenever a wheat marketing allocation program is in effect for 
any marketing year'' from first sentence, substituted in such sentence 
``each marketing year'' for ``such marketing year'', inserted in such 
sentence ``wheat'' before ``marketing certificates'', substituted in 
second sentence ``domestic certificates shall be the amount'' for 
``marketing certificates shall be equal to the amount'' and ``domestic 
certificates'' for ``certificates'' before ``exceeds'', and inserted to 
such sentence provision for face value per bushel of export 
certificates.


            Effective and Termination Dates of 1973 Amendment

    Section 402(b)(D) of Pub. L. 91-524, as added by section 1(9) of 
Pub. L. 93-86, provided that the amendment made by that section is 
effective only with respect to 1974 through 1977 crops of wheat.


            Effective and Termination Dates of 1970 Amendment

    Section 402(a), formerly section 402, of Pub. L. 91-524 provided 
that the amendment made by that section is effective only with respect 
to 1971, 1972, and 1973 crops of wheat.


                    Effective Date of 1965 Amendment

    Section 508 of Pub. L. 89-321 provided that the amendment made by 
that section is effective beginning with crop planted for harvest in 
calendar year 1966.
    Section 510(a) of Pub. L. 89-321 provided that the amendment made by 
that section is effective beginning with 1966 crop.
    Section 515 of Pub. L. 89-321 provided that the amendment made by 
that section is effective beginning with crop planted for harvest in 
calendar year 1964.


            Effective and Termination Dates of 1964 Amendment

    Section 202(13) of Pub. L. 88-297, as amended by Pub. L. 89-321, 
title V, Sec. 505(2), Nov. 3, 1965, 79 Stat. 1203; Pub. L. 90-559, 
Sec. 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment made 
by that section is effective with respect to crops planted for harvest 
in calendar years 1965 through 1970.


                       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)(H) 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 through 1990 crops of wheat, see 
section 310(b) of Pub. L. 99-198, set out as a note under section 1331 
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.


        Reduction of Wheat Stored by Producers Prior to 1971 Crop

    Section 407 of Pub. L. 91-524, as amended by section 1(14) of Pub. 
L. 93-86, provided that: ``The amount of any wheat stored by a producer 
under section 379c(b) of the Agricultural Adjustment Act of 1938, as 
amended [subsection (b) of this section], prior to the 1971 crop of 
wheat may be reduced by the amount by which the actual total production 
of the 1971, 1972, or 1973 crop on the farm is less than the number of 
bushels determined by multiplying three times the domestic allotment for 
such crop on the farm by the yield established for the farm for the 
purpose of issuance of domestic marketing certificates. The provisions 
of such section shall continue to apply to the wheat so stored to the 
extent not inconsistent therewith. Notwithstanding the foregoing, the 
Secretary may authorize release of wheat stored by a producer under 
section 379c(b) of the Agricultural Adjustment Act of 1938, as amended 
[subsec. (b) of this section], prior to the 1971 crop, whenever he 
determines such release will not significantly affect market prices for 
wheat. As a condition of release, the Secretary may require a refund of 
such portion of the value of certificates received in the crop year the 
excess wheat was produced as he deems appropriate considering the period 
of time the excess wheat has been in storage and the need to provide 
fair and equitable treatment among all wheat program participants.''

                  Section Referred to in Other Sections

    This section is referred to in section 1445a of this title.
