
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC450j]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 17--MISCELLANEOUS MATTERS
 
Sec. 450j. Indemnity payments to dairy farmers and manufacturers 
        of dairy products; milk removed for its residue of chemical or 
        toxic substances; nuclear radiation or fallout contaminants; 
        other legal recourse
        
    The Secretary of Agriculture is authorized to make indemnity 
payments for milk or cows producing such milk at a fair market value, to 
dairy farmers who have been directed since January 1, 1964 (but only 
since August 10, 1973, in the case of indemnity payments not authorized 
prior to August 10, 1973), to remove their milk, and to make indemnity 
payments for dairy products at fair market value to manufacturers of 
dairy products who have been directed since November 30, 1970, to remove 
their dairy products from commercial markets because of residues of 
chemicals registered and approved for use by the Federal Government at 
the time of such use. The Secretary is also authorized to make indemnity 
payments for milk, or cows producing such milk, at a fair market value 
to any dairy farmer who is directed to remove his milk from commercial 
markets because of (1) the presence of products of nuclear radiation or 
fallout if such contamination is not due to the fault of the farmer, or 
(2) residues of chemicals or toxic substances not included under the 
first sentence of this section if such chemicals or toxic substances 
were not used in a manner contrary to applicable regulations or labeling 
instructions provided at the time of use and the contamination is not 
due to the fault of the farmer: Provided, That no indemnity payment may 
be made for contamination resulting from such residues of chemicals or 
toxic substances if the Secretary determines within thirty days after 
the date of application for payment that other legal recourse is 
available to the farmer. Any indemnity payment to any farmer shall 
continue until he has been reinstated and is again allowed to dispose of 
his milk on commercial markets.

(Pub. L. 90-484, Sec. 1, Aug. 13, 1968, 82 Stat. 750; Pub. L. 91-524, 
title II, Sec. 204(b), Nov. 30, 1970, 84 Stat. 1362; Pub. L. 93-86, 
Sec. 1(5)(B), Aug. 10, 1973, 87 Stat. 223; Pub. L. 95-113, title II, 
Sec. 205(1), Sept. 29, 1977, 91 Stat. 920.)


                            Prior Provisions

    The following Acts authorized indemnity payments for the periods 
ending as indicated:
    June 30, 1968--Pub. L. 90-95, Sec. 1, Sept. 28, 1967, 81 Stat. 231.
    June 30, 1967--Pub. L. 89-794, title III, Sec. 301(c), Nov. 8, 1966, 
80 Stat. 1465.
    June 30, 1966--Pub. L. 89-253, Sec. 24, Oct. 29, 1965, 79 Stat. 977.
    June 30, 1965--Pub. L. 89-16, title III, Sec. 303, Apr. 30. 1965, 79 
Stat. 108.
    Jan. 31, 1965--Pub. L. 88-452, title III, Sec. 331, Aug. 20, 1964, 
78 Stat. 525.


                               Amendments

    1977--Pub. L. 95-113 authorized indemnity payments for milk, or cows 
producing such milk, at a fair market value to any dairy farmer who is 
directed to remove his milk from commercial markets because of the 
presence of products of nuclear radiation or fall- out if such 
contamination is not due to the fault of the farmer, or because of 
residues of chemicals or toxic substances not included under the first 
sentence of this section if such chemicals or toxic substances were not 
used in a manner contrary to applicable regulations or labeling 
instructions provided at the time of use and the contamination is not 
due to the fault of the farmer, and inserted provision that no indemnity 
payment may be made for contamination resulting from residues of 
chemicals or toxic substances if the Secretary determines within thirty 
days after the date of application for payment that other legal recourse 
is available to the farmer.
    1973--Pub. L. 93-86 inserted ``for milk or cows producing such 
milk'' after ``The Secretary of Agriculture is authorized to make 
indemnity payments'' and ``(but only since August 10, 1973, in the case 
of indemnity payments not authorized prior to August 10, 1973)'' after 
``January 1, 1964'' and substituted ``, and to make indemnity payments 
for dairy products at fair market value to'' for ``and'' after ``remove 
their milk'' and ``of'' for ``it contained'' before ``residues of 
chemicals''.
    1970--Pub. L. 91-524 inserted ``and manufacturers of dairy products 
who have been directed since November 30, 1970, to remove their dairy 
products,'' after ``milk'', in first sentence, and substituted ``Any 
indemnity payment to any farmer shall continue'' for ``Such indemnity 
payments shall continue to each dairy farmer'' in second sentence.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 
of Pub. L. 95-113, set out as a note under section 1307 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 450k, 450l of this title.
