7 U.S.C. § 1379d

Editorial Notes

References in Text

section 1379a of this titleThis part, referred to in subsec. (d), commences with .

Amendments

Pub. L. 91–524July 1, 1971June 30, 19741970—Subsec. (b). , temporarily struck out provision limiting the section to only those marketing years for which a wheat marketing allocation program is in effect and inserted provisions authorizing the Secretary to temporarily suspend the requirement for export marketing certificates for the period beginning , and ending . See Effective and Termination Dates of 1970 Amendment note below.

Pub. L. 89–321July 1, 1964July 1, 1964July 1, 19641965—Subsec. (b). , §§ 504(a), (c), 513(a), among other changes, amended second sentence, and also authorized the Secretary to exempt from the requirements of this subsection wheat produced by a State or agency thereof and processed for use by the State or agency thereof, wheat processed for donations, and wheat processed for uses determined by the Secretary to be noncommercial, permitted exemptions to be made applicable with respect to any wheat processed or exported beginning , exempted from requirements of this subsection beverage distilled from wheat prior to , required beverage distilled from wheat after , to be deemed as being removed for sale or consumption at the time it is placed in barrels for aging, permitted upon the giving of a bond as prescribed by the Secretary, the purchase of and payment for such marketing certificates as may be required to be deferred until such beverage is bottled for sale, required wheat shipped to a Canadian port for storage in bond, or storage under a similar arrangement, and subsequent exportation, to be deemed as having been exported for purposes of this subsection when it is exported from the Canadian port, and, whenever the face value per bushel of domestic marketing certificates for a marketing year is different from the face value of domestic marketing certificates for the preceding marketing year, empowered the Secretary to require marketing certificates issued for the preceding marketing year to be acquired to cover all wheat processed into food products during such preceding marketing year even though the food product may be marketed or removed for sale or consumption after the end of the marketing year.

Pub. L. 89–321, § 504(b)section 1379f of this titleSubsec. (d). , excluded four second clears not used for human consumption from term “food products”, authorized the Secretary at his election to administer the exemption for wheat processed into flour second clears through refunds either to processors of such wheat or to the users of such clears, and permitted, for the purpose of such refunds, the wheat equivalent of flour second clears to be determined on the basis of conversion factors authorized by , even though certificates had been surrendered on the basis of the weight of the wheat.

Pub. L. 88–297, § 202(15)1964—Subsec. (a). , struck out provisions prohibiting persons from acquiring marketing certificates from the producer to whom such certificates were issued, unless such certificates were acquired in connection with acquisition from such producer of a number of bushels of wheat equivalent to the marketing certificates and authorizing the CCC to purchase from producers certificates not accompanied by wheat in cases where the Secretary determined that it would constitute an undue hardship to require the producer to transfer his certificates only in connection with the disposition of wheat and substituted “by any person” for “by persons other than the producer to whom such certificates are issued”.

Pub. L. 88–297, § 202(16)Subsec. (b). , in cl. (i) substituted “marketing any such food product or removing such food product for sale or consumption” for “marketing any such product for human food in the United States” and inserted “domestic” before “marketing certificates”; in cl. (ii) struck out “or food products” after “wheat” and inserted “export” before “marketing certificates”; inserted references to removals for sale or consumption in two other places and to removals in two places to make it clear that certificates were required on all wheat processed into food products whether sold, removed for sale, or removed for consumption; required the CCC to refund to the exporter such part of the cost of the certificate as the Secretary determined would make United States wheat and wheat flour generally competitive in the world market, avoid disruption of world market prices, and fulfill the international obligations of the United States; and authorized the Secretary to exempt from the requirement to have marketing certificates, wheat which was donated abroad and wheat processed for use on the farm where grown.

Pub. L. 88–297, § 202(17)Subsec. (d). , redefined “food products” to mean flour, semolina, farina, bulgur, beverage, and any other product composed wholly or partly of wheat which the Secretary may determine to be a food product instead of any product composed wholly or partly of wheat to be used for human consumption, including beverage.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 1970 Amendment

Pub. L. 91–524, title IV, § 403(a)Nov. 30, 197084 Stat. 1366 Pub. L. 93–86, § 1(10)Aug. 10, 197387 Stat. 228 Pub. L. 91–524July 1, 1971July 1, 1972July 1, 1973, formerly § 403, , , as renumbered by , , , provided that the amendment made by is effective only with respect to the marketing years beginning , , and .

Effective Date of 1965 Amendment

Pub. L. 89–321, title V, § 504(a)Nov. 3, 196579 Stat. 1202 section 504(a) of Pub. L. 89–321Pub. L. 89–321Nov. 3, 1965, , , provided that the amendment made by is effective upon the enactment of ().

Pub. L. 89–321, title V, § 504(b)Nov. 3, 196579 Stat. 1202

Inapplicability of Section

Feb. 7, 2014Dec. 31, 2018section 9092(a)(3) of this titleSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning , through , see .

June 18, 2008Dec. 31, 2012section 8782(a)(3) of this titleSection inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .

May 13, 2002Dec. 31, 2007section 7992(a)(3) of this titleSection inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .

Apr. 4, 1996Dec. 31, 2002section 7301(a)(1)(H) of this titleSection inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning , and ending , see .

Pub. L. 101–624, title III, § 302Nov. 28, 1990104 Stat. 3400

Pub. L. 99–198, title III, § 309Dec. 23, 198599 Stat. 1394

Pub. L. 97–98, title III, § 302Dec. 22, 198195 Stat. 1227

Pub. L. 95–113, title IV, § 403Sept. 29, 197791 Stat. 926

Pub. L. 91–524, title IV, § 403(b)Pub. L. 93–86, § 1(10)Aug. 10, 197387 Stat. 228