US Code

Public Law 119-73 (01/23/2026)

7 U.S.C. § 1428

Definitions

For the purposes of this Act—
(a)
A commodity shall be considered storable upon determination by the Secretary that, in normal trade practice, it is stored for substantial periods of time and that it can be stored under the price-support program without excessive loss through deterioration or spoilage or without excessive cost for storage for such periods as will permit its disposition without substantial impairment of the effectiveness of the price-support program.
(b)
Providedsection 1344(m) of this titleAnd providedsection 1444(e) of this titleProvided furthersection 1441(g) of this titleProvided furthersection 1444(f) of this title A “cooperator” with respect to any basic agricultural commodity shall be a producer on whose farm the acreage planted to the commodity does not exceed the farm acreage allotment for the commodity under subchapter II of chapter 35 of this title, or in the case of price support for corn or wheat to a producer outside the commercial corn-producing or wheat-producing area, a producer who complies with conditions of eligibility prescribed by the Secretary: , That for upland cotton a cooperator shall be a producer on whose farm the acreage planted to such cotton does not exceed the cooperator percentage, which shall be in the case of the 1966 crop, 87.5 per centum of such farm acreage allotment and, in the case of each of the 1967 through 1970 crops, such percentage, not less than 87.5 or more than 100 per centum, of such farm acreage allotment as the Secretary may specify for such crop, except that in the case of small farms (i.e. farms on which the acreage allotment is 10 acres or less, or on which the projected farm yield times the acreage allotment is 3,600 pounds or less, and the acreage allotment has not been reduced under ) the acreage of cotton on the farm shall not be required to be reduced below the farm acreage allotment: , That for the 1971 through 1977 crops of upland cotton a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under : , That for the 1976 through 1981 crops of rice, a cooperator shall be a person who produces rice on a farm for which a farm acreage allotment has been established or to which a producer acreage allotment has been allocated and, if a set-aside is in effect, who has set aside any acreage required under : , That for the 1978 through 1981 crops of upland cotton, a cooperator shall be a producer on a farm who has set aside the acreage required under . For the purpose of this subsection, a producer shall not be deemed to have exceeded his farm acreage allotment unless such producer knowingly exceeded such allotment.
(c)
A “basic agricultural commodity” shall mean corn, cotton, rice, and wheat, respectively.
(d)
A “nonbasic agricultural commodity” shall mean any agricultural commodity other than a basic agricultural commodity.
(e)
The “supply percentage” as to any commodity shall be the percentage which the estimated total supply is of the normal supply as determined by the Secretary from the latest available statistics of the Department of Agriculture as of the beginning of the marketing year for the commodity.
(f)
“Total supply” of any nonbasic agricultural commodity for any marketing year shall be the carry-over at the beginning of such marketing year, plus the estimated production of the commodity in the United States during the calendar year in which such marketing year begins and the estimated imports of the commodity into the United States during such marketing year.
(g)
“Carry-over” of any nonbasic agricultural commodity for any marketing year shall be the quantity of the commodity on hand in the United States at the beginning of such marketing year, not including any part of the crop or production of such commodity which was produced in the United States during the calendar year then current. The carryover of any such commodity may also include the quantity of such commodity in processed form on hand in the United States at the beginning of such marketing year, if the Secretary determines that the inclusion of such processed quantity of the commodity is necessary to effectuate the purposes of this Act.
(h)
“Normal supply” of any nonbasic agricultural commodity for any marketing year shall be (1) the estimated domestic consumption of the commodity for the marketing year for which such normal supply is being determined, plus (2) the estimated exports of the commodity for such marketing year, plus (3) an allowance for carry-over. The allowance for carry-over shall be the average carry-over of the commodity for the five marketing years immediately preceding the marketing year in which such normal supply is determined, adjusted for surpluses or deficiencies caused by abnormal conditions, changes in marketing conditions, or the operation of any agricultural program. In determining normal supply, the Secretary shall make such adjustments for current trends in consumption and for unusual conditions as he may deem necessary.
(i)
“Marketing year” for any nonbasic agricultural commodity means any period determined by the Secretary during which substantially all of a crop or production of such commodity is normally marketed by the producers thereof.
(j)
7 U.S.C. 1281 Any term defined in the Agricultural Adjustment Act of 1938 [ et seq.], shall have the same meaning when used in this Act.
(k)
(1)
Reference made in sections 1422, 1423, 1426, 1427, and 1431 of this title to the terms “support price”, “level of support”, and “level of price support” shall be considered to apply as well to the loan and purchase level for wheat, feed grains, upland cotton, extra long staple cotton, honey, oilseeds and rice under this Act.
(2)
section 1421(a) of this title References made to the terms “price support”, “price support operations”, and “price support program” in such sections and in shall be considered as applying as well to loan and purchase operations for wheat, feed grains, upland cotton, extra long staple cotton, honey, oilseeds and rice under this Act.
(3)
Notwithstanding any other provision of law, this subsection shall be effective only for the 1991 through 1995 crops of wheat, feed grains, upland cotton, extra long staple cotton, honey, oilseeds and rice.
(l)
“Producer” shall include a person growing hybrid seed under contract. In determining the interest of a grower of hybrid seed in a crop, the Secretary shall not take into consideration the existence of a hybrid seed contract.

Oct. 31, 1949, ch. 79263 Stat. 1055Aug. 28, 1954, ch. 104168 Stat. 901Pub. L. 89–321, title IV, § 402(b)79 Stat. 1197Pub. L. 90–559, § 1(4)82 Stat. 996Pub. L. 91–524, title IV, § 40884 Stat. 1367Pub. L. 93–86, § 1(22)87 Stat. 235Pub. L. 94–214, title III90 Stat. 187Pub. L. 95–113, title IV, § 40791 Stat. 927Pub. L. 97–98, title XI, § 110495 Stat. 1264Pub. L. 99–198, title X, § 101899 Stat. 1459Pub. L. 101–624, title XI, § 1131104 Stat. 3511Pub. L. 107–171, title I, § 1310(a)(2)(B)116 Stat. 182Pub. L. 108–357, title VI, § 612(c)118 Stat. 1524(, title IV, § 408, ; , title II, § 209, ; , , ; , , ; , title VI, §§ 604, 607, , , 1378; , , ; , §§ 303, 304, , , 188; , title VI, § 604(a), (b), title VII, §§ 704, 705, , , 939, 944; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act Oct. 31, 1949, ch. 79263 Stat. 1051section 1421 of this titleThis Act, referred to in text, is , , known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Section 1441(g) of this title, referred to in subsec. (b), was omitted from the Code.

act Feb. 16, 1938, ch. 3052 Stat. 31section 1281 of this titleThe Agricultural Adjustment Act of 1938, referred to in subsec. (j), is , , as amended, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 108–3572004—Subsec. (c). struck out “tobacco,” before “and wheat”.

Pub. L. 107–1712002—Subsec. (c). struck out “peanuts,” before “rice,”.

Pub. L. 101–624, § 1131(a)1990—Subsec. (k). , amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows:

“(1) Reference made in sections 1422, 1423, 1426, 1427, and 1431 of this title to the terms ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the loan and purchase level for wheat, feed grains, upland cotton, and rice under this Act.

section 1421(a) of this title“(2) References made to the terms ‘price support’, ‘price support operations’, and ‘price support program’ in such sections and in shall be considered as applying as well to loan and purchase operations for wheat, feed grains, upland cotton, and rice under this Act.”

lPub. L. 101–624, § 1131(b)llSubsecs. (), (m). , added subsec. () and struck out former subsecs. () and (m). See 1977 Amendment note below.

Pub. L. 99–1981985—Subsec. (k). temporarily amended subsec. (k) generally, designating provisions before the semicolon as par. (1) and substituting “loan and purchase level” for “level of loans and purchases”, and designating provisions after the semicolon as par. (2). See Effective and Termination Dates of 1985 Amendment note below.

Pub. L. 97–98section 1427 of this title1981—Subsec. (k). temporarily substituted “Reference made” for “References made” and inserted reference to and to upland cotton and rice. See Effective and Termination Dates of 1981 Amendment note below.

Pub. L. 95–113section 1444(f) of this title1977—Subsec. (b). , §§ 604(a), 704, inserted proviso defining cooperator for purposes of the 1978 through 1981 crops of upland cotton as a producer on a farm who has set aside the acreage required under and substituted “1976 through 1981 crops of rice” for “1976 and 1977 crops of rice” in proviso defining cooperator for purposes of specific crops of rice.

Pub. L. 95–113Subsecs. (k) to (m). , §§ 407, 604(b), 705, temporarily amended subsecs. (k) to (m) generally. See Effective and Termination Dates of 1977 Amendment note below.

Pub. L. 94–214, § 3031976—Subsec. (b). , inserted proviso defining “cooperator” for 1976 and 1977 crops of rice.

Pub. L. 94–214, § 304Subsec. (m). , temporarily added subsec. (m). See Effective and Termination Dates of 1976 Amendment note below.

Pub. L. 93–86section 1444(e) of this title1973—Subsec. (b). substituted “1971 through 1977” for “1971, 1972, and 1973” in proviso requiring that for such designated crops of upland cotton a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under .

Pub. L. 91–524, § 604section 1444(e) of this title1970—Subsec. (b). , inserted proviso that, for the 1971, 1972, and 1973 crops of upland cotton, a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under .

lPub. L. 91–524lSubsecs. (k), (). , §§ 408, 607, temporarily added subsecs. (k) and (). See Effective and Termination Dates of 1970 Amendment note below.

Pub. L. 90–5591968—Subsec. (b). provided for a one year extension, substituting “1967 through 1970” for “1967, 1968, and 1969”.

Pub. L. 89–3211965—Subsec. (b). temporarily inserted proviso. See Effective and Termination Dates of 1965 Amendment note below.

1954—Subsec. (b). Act , inserted “or wheat” after “corn”, and “or wheat-producing” after “corn producing”.

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 1990 Amendment

Pub. L. 101–624section 1171 of Pub. L. 101–624section 1421 of this titleAmendment by effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see , set out as a note under .

Effective and Termination Dates of 1985 Amendment

Pub. L. 99–198, title X, § 101899 Stat. 1459, , , provided that the amendment made by section 1018 is effective only for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice.

Effective and Termination Dates of 1981 Amendment

Pub. L. 97–98, title XI, § 110495 Stat. 1264, , , provided that the amendment made by section 1104 is effective only for the 1982 through 1985 crops of wheat, feed grains, upland cotton, and rice.

Effective and Termination Dates of 1977 Amendment

Pub. L. 95–113, title IV, § 40791 Stat. 927, title VI, § 604(b), title VII, § 705, , , 939, 944, provided that the provisions amended by sections 407, 604(b), and 705 were effective for the 1978 through 1981 crops.

Effective and Termination Dates of 1976 Amendment

Pub. L. 94–214, title III, § 30490 Stat. 188, , , provided that the amendment made by section 304 is effective only with respect to the 1976 and 1977 crops of rice.

Effective and Termination Dates of 1970 Amendment

Pub. L. 91–524, title IV, § 40884 Stat. 1367Pub. L. 93–86, § 1(15)87 Stat. 229, title VI, § 607, , , 1378, as amended by , (22), , , 235, provided that the amendments made by sections 408 and 607 are effective only with respect to the 1971 through 1977 crops of the commodity.

Effective and Termination Dates of 1965 Amendment

Pub. L. 89–321, title IV, § 402(b)79 Stat. 1197Pub. L. 90–559, § 1(1)82 Stat. 996, , , as amended by , , , provided that the amendment made by section 402(b) is effective only for the 1966 through 1970 crops.

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 .

Inapplicability of Section

section 9092(b)(10) of this titleSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning , through , see .

section 8782(b)(10) of this titleSection inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .

section 7992(b)(10) of this titleSection inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .

section 7301(b)(1)(J) of this titleSection inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning , and ending , see .