General definitions
Definitions applicable to one or more commodities
Corn, September 1–August 31;
Cotton, August 1–July 31;
Rice, August 1–July 31;
Tobacco (flue-cured), July 1–June 30;
Tobacco (other than flue-cured), October 1–September 30;
Wheat, June 1–May 31.
“Marketing year” means, in the case of the following commodities, the period beginning on the first and ending with the second date specified below:Use of Federal statistics
The latest available statistics of the Federal Government shall be used by the Secretary in making the determinations required to be made by the Secretary under this chapter.
Exclusion of stocks of certain commodities
7 U.S.C. 142160 Stat. 59650 U.S.C. 98In making any determination under this chapter or under the Agricultural Act of 1949 [ et seq.] with respect to the carryover of any agricultural commodity, the Secretary shall exclude from such determination the stocks of any commodity acquired pursuant to, or under the authority of, the Strategic and Critical Materials Stock Piling Act () [ et seq.].
Feb. 16, 1938, ch. 3052 Stat. 38Apr. 7, 1938, ch. 10752 Stat. 202June 13, 1940, ch. 360, § 154 Stat. 392July 2, 1940, ch. 52154 Stat. 727Nov. 22, 1940, ch. 91454 Stat. 1209Nov. 25, 1940, ch. 91754 Stat. 1211Apr. 3, 1941, ch. 3955 Stat. 91July 9, 1942, ch. 497, § 1(4)56 Stat. 654July 3, 1948, ch. 82762 Stat. 1250Aug. 29, 1949, ch. 518, § 2(a)63 Stat. 675Oct. 31, 1949, ch. 79263 Stat. 1056–1058July 8, 1952, ch. 58766 Stat. 442July 17, 1952, ch. 933, § 166 Stat. 758July 14, 1953, ch. 194, § 667 Stat. 152Aug. 28, 1954, ch. 104168 Stat. 902May 28, 1956, ch. 32770 Stat. 212Pub. L. 85–92, § 171 Stat. 284Pub. L. 87–703, title III, § 32076 Stat. 625Pub. L. 88–297, title I, § 106(5)78 Stat. 177Pub. L. 89–321, title IV, § 40379 Stat. 1197Pub. L. 91–524, title IV, § 405(b)Pub. L. 93–86, § 1(12)(a)87 Stat. 229Pub. L. 94–61, § 189 Stat. 302Pub. L. 97–218, title III, § 303(a)96 Stat. 211Pub. L. 99–198, title X, § 102099 Stat. 1459Pub. L. 99–272, title I, § 1103(a)100 Stat. 85Pub. L. 107–171, title I, § 1610116 Stat. 218Pub. L. 108–357, title VI, § 611(f)118 Stat. 1522(, title III, § 301, ; , §§ 2–4, ; , ; , §§ 3–5, , 728; , §§ 1, 3, 4, , 1210; , ; , §§ 2, 3, , 92; , (5), ; , title II, § 201(a), (b), (d), (e), ; , ; , title IV, §§ 409(a)–(d), 415(c)–(e), 418(b), (c), , 1062; , ; , ; , ; , title III, §§ 301, 302, ; , title V, § 502, title VI, § 602, , 213; , , ; , , ; –(7), , ; , title V, §§ 509, 511(a), , , 1204, 1205; , , as added , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act Jan. 30, 1942, ch. 2656 Stat. 23The Emergency Price Control Act of 1942, referred to in subsec. (a)(1)(B), was , , which was classified to section 901 et seq. of the former Appendix to Title 50, War and National Defense, and which terminated .
section 624 of this titleFor effective date of the Agricultural Act of 1948, referred to in subsec. (a)(1)(E)(i), see Effective Date of 1948 Amendment note set out under with reference to title I of said act, and Effective Date of 1948 Amendment note set out below with reference to titles II and III of said Act.
act Feb. 16, 1938, ch. 3052 Stat. 72section 1501 of this titleThe Federal Crop Insurance Act, referred to in subsec. (b)(3)(C), (6)(A), is subtitle A of title V of , , which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see and Tables.
act Oct. 31, 1949, ch. 79263 Stat. 1051section 1421 of this titleThe Agricultural Act of 1949, referred to in subsec. (d), is , , which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act June 7, 1939, ch. 190Pub. L. 96–41, § 293 Stat. 319section 98 of Title 50The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (d), is , as revised generally by , , , which is classified generally to subchapter III (§ 98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see and Tables.
Amendments
Pub. L. 108–357, § 611(f)(1)2004—Subsec. (b)(3)(C), (D). , redesignated subpar. (D) as (C) and struck out former subpar. (C) which defined “carry-over” of tobacco for any marketing year.
Pub. L. 108–357, § 611(f)(2)Subsec. (b)(6)(A). , struck out “tobacco,” after “rice,”.
Pub. L. 108–357, § 611(f)(3)Subsec. (b)(10)(B), (C). , redesignated subpar. (C) as (B) and struck out former subpar. (B) which defined “normal supply” in the case of tobacco.
Pub. L. 108–357, § 611(f)(4)Subsec. (b)(11)(B). , struck out “and tobacco” after “cotton”.
Pub. L. 108–357, § 611(f)(5)Subsec. (b)(12). , struck out “tobacco,” after “rice,”.
Pub. L. 108–357, § 611(f)(6)Subsec. (b)(14). , struck out “(A)” after “(14)” and subpars. (B) to (D) which defined “reserve supply level” of tobacco, “reserve stock level” in the case of Flue-cured tobacco, and “reserve stock level” in the case of Burley tobacco.
Pub. L. 108–357, § 611(f)(7)Subsec. (b)(15). , (10), redesignated par. (16) as (15) and struck out former par. (15) which defined “tobacco” and “kind of tobacco”.
Pub. L. 108–357, § 611(f)(10)Subsec. (b)(16). , redesignated par. (16) as (15).
Pub. L. 108–357, § 611(f)(8)Subsec. (b)(16)(B), (C). , redesignated subpar. (C) as (B) and struck out former subpar. (B) which defined “total supply” of tobacco for any marketing year.
Pub. L. 108–357, § 611(f)(9)Subsec. (b)(17). , struck out par. (17) which defined “domestic manufacturer of cigarettes”.
Pub. L. 107–1712002—Subsec. (b)(14)(C). substituted “60,000,000” for “100,000,000” in cl. (i) and “10 percent” for “15 percent” in cl. (ii).
Pub. L. 99–272, § 1103(a)(1)1986—Subsec. (b)(14)(C), (D). , added subpars. (C) and (D).
Pub. L. 99–272, § 1103(a)(2)Subsec. (b)(17). , added par. (17).
Pub. L. 99–1981985—Subsec. (b)(7). substituted “Corn, September 1–August 31” for “Corn, October 1–September 30”.
Pub. L. 97–218section 1314e of this title1982—Subsec. (b)(15). inserted proviso that for purposes of , types 22 and 23, fire-cured tobacco shall be treated as one “kind of tobacco”.
Pub. L. 94–611975—Subsec. (b)(7). substituted “Wheat, June 1–May 31” for “Wheat, July 1–June 30”.
Pub. L. 93–861973—Subsec. (b)(13)(K). Pub. L, 91–524, § 405(b), as added by , temporarily inserted “(five calendar years in the case of wheat)” after “three calendar years”. See Effective and Termination Dates of 1973 Amendment note below.
Pub. L. 89–321, § 509(1)1965—Subsec. (b)(8). , designated existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 89–321, § 511(a)Subsec. (b)(9). , struck out “cotton” and “wheat” in first sentence, and inserted definition of normal production when applied to any number of acres of cotton or wheat.
Pub. L. 89–321Subsec. (b)(13). , §§ 403, 509(2), added subpars. (J), (K), (L), and (M).
Pub. L. 88–297, § 106(5)1964—Subsec. (b)(13). –(7), struck out “cotton or” before “peanuts” in subpar. (B) in two places, struck out “, cotton,” after “corn” in subpar. (G) in two places, and added subpars. (H) and (I), respectively.
Pub. L. 87–7031962—Subsec. (b)(13). struck out par. (A) which defined “normal yield” for any county in the case of corn or wheat; inserted in pars. (D) and (E) “and wheat” after “in the case of rice”, “or wheat, as the case may be,” after “per acre of rice”, and “in the case of rice, or during the five years immediately preceding the year in which such normal yield is determined in the case of wheat” after “determined”; and struck out from par. (G) “wheat,” after “corn,” in two places, “and, in the case of wheat, but not in the case of corn, cotton, or peanuts, for trends in yields” after “abnormal weather conditions”, “ten calendar years in the case of wheat, and” before “five calendar years” and “in the case of corn, cotton, or peanuts” after “five calendar years”.
Pub. L. 85–921957—Subsec. (b)(15). inserted proviso relating to treatment of type 21 fire-cured tobacco as a “kind of tobacco”.
1956—Subsec. (a)(1)(E). Act , § 602, inserted “(not counting 1956 in the case of basic agricultural commodities)” after “full calendar years”.
Subsec. (b)(13). Act , § 502, limited determination of normal yield provided for in subpar. (D) only to counties and authorized adjustments for abnormal weather conditions and for trends in yields, added subpars. (E) and (F), and redesignated subpar. (E) as (G).
1954—Subsec. (a)(1)(E). Act , § 301, changed definition of “transitional parity price” as applied to basic agricultural commodities so as to make it “old parity” less 5 per centum for each full year elapsed since , instead of .
Subsec. (b). Act , § 302, increased carryover allowance from 10 per centum to 15 per centum in case of corn and from 15 per centum to 20 per centum in case of wheat in subpar. (10)(A), and provided for computing county and farm “normal yields” on the basis of 5-year yields instead of 10-year yields in case of corn in subpars. (13)(A) and (13)(E).
1953—Subsec. (d). Act , added subsec. (d).
1952—Subsec. (a)(1)(G). Act , extended dual parity provisions for two years.
Subsec. (b)(3)(C), (16)(B). Act , provided for computation of carry-over as of Jan. 1st, following the beginning of the marketing year instead of Oct. 1st the beginning of the marketing year.
1949—Subsec. (a)(1)(B). Act , § 409(a), inserted last sentence.
Subsec. (a)(1)(C). Act , § 409(b), inserted “, wages paid hired farm labor” after “buy” and “, wages” after “such prices”.
Subsec. (a)(1)(G). Act , § 409(c), added subpar. (G).
Subsec. (b)(1)(B). Act , § 418(b), included the actual production of rice.
act July 3, 1948, ch. 827, title II, § 201(c)62 Stat. 1250Subsec. (b)(3)(B). Act , § 415(e), repealed amendatory provisions of , .
Act , § 2(a)(1), changed definition of “carry-over” of cotton by excluding United States cotton on hand outside the United States.
Subsec. (b)(9). Act , § 418(c), included normal production of rice.
Subsec. (b)(10(A). Act , § 409(d), increased from 7 per centum to 10 per centum the carryover allowance for corn.
Act , § 2(a)(2), made provision inapplicable to cotton.
Subsec. (b)(10)(C). Act , § 2(a)(2), added subpar. (C) which was also reenacted by act , § 415(c).
Subsec. (b)(16)(A). Act , § 415(d), struck out “cotton,” after “corn,”.
Act , § 2(a)(3), made provision inapplicable to cotton.
Subsec. (b)(16)(C). Act , § 2(a)(3), added subpar. (C) which was also reenacted by act , § 415(d).
1948—Subsec. (a). Act , § 201(a), struck out paragraphs (1) and (2) and inserted new paragraphs (1) and (2) to change the method of computing parity prices to give recognition to changes in relationships among the prices of agricultural commodities themselves which have occurred since the base period 1910 to 1914, and redefined “parity”.
Subsec. (b)(3)(A). Act , § 201(b), redefined “carry-over” in the case of corn, rice, and peanuts.
Subsec. (b)(3)(B). Act , § 201(c), redefined “carry-over” in the case of cotton.
Subsec. (b)(10). Act , § 201(d), redefined “normal supply”.
Subsec. (b)(16). Act , § 201(e), redefined “total supply”.
1942—Subsec. (b)(13)(B). Act , § 1(4), inserted “or peanuts” after “cotton” wherever appearing, and added a new sentence reading “For 1942, the normal yield for any county, in the case of peanuts, shall be the average yield per acre for peanuts for the county, adjusted for abnormal conditions, during the years 1936–1940, inclusive, except that for any county in which the years 1935–1939, inclusive, are equally as representative, such period may be used in determining the normal yields for counties in the State”.
Subsec. (b)(13)(E). Act , § 1(5), struck out “or” after “wheat” and before “cotton” wherever appearing, inserted “or peanuts” after “cotton” wherever appearing, and inserted after first sentence “For 1942, the normal yield for any farm, in the case of peanuts, shall be the average yield per acre of peanuts for the farm, adjusted for abnormal conditions, during the years 1936–1940, inclusive, except that for any county in which the years 1935–1939, inclusive, are equally as representative, such period may be used in determining normal yields for farms in the county”.
1941—Subsec. (b)(1)(B). Act , § 2, inserted “or peanuts” after “cotton”.
Subsec. (b)(6)(C). Act , § 3, added subpar. (C).
1940—Subsec. (a)(1). Act , § 3, inserted “and, in the case of Burley and flue-cured tobacco, shall be the period August 1934 to July 1939; except that the August 1919–July 1929 base period shall be used in allocating any funds appropriated prior to ” after “July, 1929” in last sentence.
Subsec. (b)(3)(C). Act , inserted exception.
Former subsec. (b)(6)(C), (D) were omitted in amendment to subsec. (b)(6) by act .
Subsec. (b)(13)(A). Act , § 4, among other changes inserted “or wheat” after “corn” wherever appearing and substituted “county” for “farm” wherever appearing.
Subsec. (b)(13)(B). Act , § 5, among other changes, struck out “wheat or” before “cotton” and “and, in the case of wheat but not in the case of cotton, for trends in yields, during the ten calendar years in the case of wheat, and” after “weather conditions”.
Subsec. (b)(13)(E). Act , in first sentence substituted “in which such normal yield is determined” for “with respect to such normal yield is used in any computation authorized under this title”.
Subsec. (b)(15). Act , §§ 1, 4, among other changes substituted “Fire-cured tobacco comprising types 21, 22, 23, and 24; Dark air-cured tobacco comprising types 35 and 36” for “Fire-cured and dark air cured tobacco comprising types 21, 22, 23, 24, 35, 36, and 37” and inserted proviso at end of last sentence.
1938—Subsec. (b)(13). Act , substituted “county” for “farm” in subpars. (A) and (B) and added subpar. (E).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–357section 643 of Pub. L. 108–357section 518 of this titleAmendment by applicable to the 2005 and subsequent crops of tobacco, see , set out as an Effective Date note under .
Effective Date of 1975 Amendment
Pub. L. 94–61, § 289 Stat. 302
Effective and Termination Dates of 1973 Amendment
Pub. L. 91–524, title IV, § 405(b)Pub. L. 93–86, § 1(12)(a)87 Stat. 229Pub. L. 91–524, as added by , , , provided that the amendment made by is effective with respect to the 1974 through 1977 crops.
Effective Date of 1965 Amendment
Pub. L. 89–321, title V, § 511(a)79 Stat. 1205, , , provided that the amendment made by that section is effective beginning with the crop planted for harvest in 1966.
Effective Date of 1962 Amendment
Pub. L. 87–703, title III, § 32376 Stat. 626
Effective Date of 1949 Amendment
Act Oct. 31, 1949, ch. 792, title IV, § 415(a)63 Stat. 1057
Effective Date of 1948 Amendment
Act July 3, 1948, ch. 827, title III, § 30362 Stat. 1259
Savings Provision
Pub. L. 108–357section 614 of Pub. L. 108–357section 515 of this titleAmendment by sections 611 to 614 of not to affect the liability of any person under any provision of law so amended with respect to the 2004 or an earlier crop of tobacco, see , set out as a note under .
Rulemaking Procedures
Pub. L. 99–272, title I, § 1108(c)100 Stat. 95
Study of Methods of Improving Parity Formula
Act May 28, 1956, ch. 327, title VI, § 60270 Stat. 213, , required the Secretary to make a thorough study of the possible methods of improving the parity formula and report thereon, with specific recommendations, including drafts of necessary legislation to carry out such recommendations, to Congress not later than .
Executive Documents
Transfer of Functions
67 Stat. 633section 2201 of this titleFunctions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. , 18 F.R. 3219, , set out as a note under .
60 Stat. 1100Administration of program of Federal Crop Insurance Corporation transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. , 11 F.R. 7877, , set out in the Appendix to Title 5, Government Organization and Employees.
Functions of Bureau of Agricultural Economics transferred to other units of Department of Agriculture under Secretary’s memorandum 1320, supp. 4, of .