7 U.S.C. § 1446 | Price support levels for designated nonbasic agricultural commodities

(a)

The Secretary is authorized and directed to make available (without regard to the provisions of sections 1447 to 1449 of this title) price support to producers for oilseeds (including soybeans, sunflower seed, canola, rapeseed, safflower, flaxseed, mustard seed, and such other oilseeds as the Secretary may determine), sunflower seeds, honey, milk, sugar beets, and sugarcane in accordance with this subchapter.

(b)

Provided The price of honey shall be supported through loans, purchases, or other operations at a level not in excess of 90 per centum nor less than 60 per centum of the parity price thereof; and the price of tung nuts for each crop of tung nuts through the 1976 crop shall be supported through loans, purchases, or other operations at a level not in excess of 90 per centum nor less than 60 per centum of the parity price therefor: , That in any crop year through the 1976 crop year in which the Secretary determines that the domestic production of tung oil will be less than the anticipated domestic demand for such oil, the price of tung nuts shall be supported at not less than 65 per centum of the parity price therefor.

(c)

1 See References in Text note below.

Except as provided in section 1446e  of this title, the price of milk shall be supported at such level not in excess of 90 per centum nor less than 75 per centum of the parity price therefor as the Secretary determines necessary in order to assure an adequate supply of pure and wholesome milk to meet current needs, reflect changes in the cost of production, and assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs. Such price support shall be provided through the purchase of milk and the products of milk.

(d)

Notwithstanding any other provision of law—

(1)

(A)

January 1, 1986December 31, 1990 During the period beginning on , and ending on , the price of milk shall be supported as provided in this subsection.

(B)

January 1, 1986December 31, 1986 During the period beginning on , and ending on , the price of milk shall be supported at a rate equal to $11.60 per hundredweight for milk containing 3.67 percent milkfat.

(C)

(i)

January 1, 1987September 30, 1987 During the period beginning on , and ending on , the price of milk shall be supported at a rate equal to $11.35 per hundredweight for milk containing 3.67 percent milkfat.

(ii)

October 1, 1987December 31, 1990 Except as provided in subparagraph (D), during the period beginning on , and ending on , the price of milk shall be supported at a rate equal to $11.10 per hundredweight for milk containing 3.67 percent milkfat.

(D)

(i)

section 1427 of this title Subject to clause (ii), if for each of the calendar years 1988 and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under for unrestricted use), as estimated by the Secretary on January 1 of such calendar year, will exceed 5,000,000,000 pounds (milk equivalent), on January 1 of such calendar year, the Secretary shall reduce by 50 cents the rate of price support for milk as in effect on such date.

(ii)

The rate of price support for milk may not be reduced under clause (i) unless—

(I)

the milk production termination program under paragraph (3) achieved a reduction in the production of milk by participants in the program of at least 12,000,000,000 pounds during the 18 months of the program; or

(II)

the Secretary submits to Congress a certification, including a statement of facts in support of the certification of the Secretary, that reasonable contract offers were extended by the Secretary under such program but such offers were not accepted by a sufficient number of producers making reasonable bids for contracts to achieve such a reduction in production.

(E)

section 1427 of this title If for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under for unrestricted use), as estimated by the Secretary on January 1 of such calendar year, will not exceed 2,500,000,000 pounds (milk equivalent), the Secretary shall increase by 50 cents the rate of price support for milk in effect on such date.

(F)

The price of milk shall be supported through the purchase of milk and the products of milk.

(2)

(A)

March 31, 1986 Beginning after , the Secretary shall provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use.

(B)

Except as provided in subparagraphs (E) and (F), the amount of the reduction under subparagraph (A) in the price received by producers shall be—

(i)

April 1, 1986December 31, 1986 the period beginning on , and ending on , 40 cents per hundredweight of milk marketed; and

(ii)

during the first 9 months of 1987, 25 cents per hundredweight of milk marketed.

(C)

The funds represented by the reduction in price, required under this paragraph to be applied to the marketings of milk by a producer, shall be collected and remitted to the Commodity Credit Corporation, at such time and in such manner as prescribed by the Secretary, by each person making payment to a producer for milk purchased from such producer, except that in the case of a producer who markets milk of the producer’s own production directly to consumers, such funds shall be remitted directly to the Corporation by such producer.

(D)

7 U.S.C. 601 The funds remitted to the Corporation under this paragraph shall be considered as included in the payments to a producer of milk for purposes of the minimum price provisions of the Agricultural Adjustment Act ( et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.

(E)

(i)

March 1, 1986September 30, 1986February 1, 1986¹Public Law 99–177 2 U.S.C. 902April 1, 1986September 30, 1986 In lieu of any reductions in payments made by the Secretary for the purchase of milk and the products of milk under this subsection during the period beginning , and ending , required under the order issued by the President on , under section 252  of the Balanced Budget and Emergency Deficit Control Act of 1985 () [], the Secretary shall increase the amount of the reduction required under subparagraph (A) during the period beginning , and ending , as the sole means of meeting any reductions required under the order in payments made by the Secretary for the purchase of milk and the products of milk under this subsection.

(ii)

March 1, 1986September 30, 1986 The aggregate amount of any increased reduction under clause (i) shall be equal, to the extent practicable, to the aggregate amount of the reduction that would otherwise be required under the order referred to in clause (i) in payments made by the Secretary for the purchase of milk and the products of milk under this subsection during the period beginning , and ending , except that the amount of any increased reduction under clause (i) may not exceed 12 cents per hundredweight of milk marketed.

(F)

(i)

The Secretary—

(I)

¹2 U.S.C. 902 notwithstanding the Balanced Budget and Emergency Deficit Control Act of 1985 and any order issued by the President under section 252  of such Act [] for a fiscal year; and

(II)

in lieu of making any reduction in payments for the purchase of milk or the products of milk under this subsection during such fiscal year under any such order;

shall provide for the reduction (measured in cents per hundredweight of milk marketed) under subparagraph (A) during the period beginning on October 1 and ending on September 30 of such fiscal year as the sole means of achieving any reduction in budget outlays under the milk price-support program that otherwise would be required under either such order and only for the purpose of substituting for any reduction in payments made by the Secretary for the purchase of milk or the products of milk under either such order.

(ii)

The aggregate amount of any reduction under subparagraph (A) resulting from the operation of clause (i) may not exceed the aggregate amount of the reduction in budget outlays under the milk price-support program, as estimated by the Secretary, that otherwise would have been achieved under either such order by reducing payments made by the Secretary for the purchase of milk or the products of milk under this subsection during such fiscal year.

(F)

2 So in original. Probably should be “(G)”.

  During calendar year 1988, the Secretary shall provide for a reduction of 2½ cents per hundredweight to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use.

(3)

(A)

(i)

April 1, 1986 The Secretary shall establish and carry out under this paragraph a milk production termination program for the 18-month period beginning .

(ii)

Under the milk production termination program required under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a contract with the producer for the purpose of terminating the production of milk by the producer in return for a payment to be made by the Secretary.

(iii)

For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall—

(I)

as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and

(II)

by regulation specify marketing procedures to ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such procedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that maintains historical seasonal marketing patterns. During such 18-month period, the Secretary shall limit the total number of dairy cattle marketed for slaughter under the program in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year.

(iv)

Each contract made under this subparagraph shall provide that—

(I)

the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest;

(II)

during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the producer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such subclause unless the Secretary shall by regulation otherwise permit; and

(III)

if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple interest payable at a rate prescribed by the Secretary, which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date payment is first received under such contract.

(v)

Any producer of milk who seeks to enter into a contract for payments under this paragraph shall provide the Secretary with (I) evidence of such producer’s marketing history; (II) the size and composition of the producer’s dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer’s dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate.

(vi)

March 31, 1986 Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending , shall be eligible to enter into a contract for payments under this subparagraph.

(vii)

A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer.

(B)

The Secretary may establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products.

(C)

In setting the terms and conditions of any milk diversion or milk production termination under this paragraph and of each contract made under this subparagraph, the Secretary shall take into account any adverse effect of such program or contracts on beef, pork, and poultry producers in the United States and shall take all feasible steps to minimize such effect.

(D)

December 31, 1984 A producer who commenced marketing milk after , shall be eligible to enter into a contract for payments under this subparagraph if such producer’s entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term “member of the family of the producer” means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant.

(E)

section 590h(b) of title 16 Application for payment shall be made by producers through the county committees established under .

(F)

Pub. L. 99–198, title I, § 101(b)(1)Dec. 23, 198599 Stat. 1363 to (J) Repealed. , (2), , , 1365.

(K)

Redesignated (E).

(L)

Pub. L. 99–198, title I, § 101(b)(2)Dec. 23, 198599 Stat. 1365 Repealed. , , .

(M)

A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned, in accordance with subparagraph (L), by the estate of such producer.

(N)

If the provisions for reductions in the price received for milk marketed for commercial use as provided for in paragraph (2) are held to be invalid by any court, or the Secretary is restrained or enjoined by any court from implementing such provisions, the Secretary shall immediately suspend making any diversion payments under this paragraph for the period beginning with the date of such court action and shall resume making such payments only if such court action is overruled, stayed, or terminated.

(4)

Each producer who markets milk and each person required to make payment to the Corporation under this subsection shall keep such records and make such reports, in such manner, as the Secretary determines necessary to carry out this subsection. The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this subsection or to determine whether any person subject to the provisions of this subsection has engaged or is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of this subsection or regulation issued under this subsection. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of records. Such court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony on the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district of which such person is an inhabitant or wherever such person may be found.

(5)

(A)

The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any provision of this subsection or any regulation issued under this subsection. Any such civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action. The Secretary is not required, however, to refer to the Attorney General minor violations of this subsection whenever the Secretary believes that the administration and enforcement of this subsection would be adequately served by suitable written notice or warning to any person committing such violation.

(B)

(i)

Each person as to whom there is a failure to make a reduction in the price of milk received by such person as required by paragraph (2) or who fails to remit to the Corporation the funds required to be collected and remitted by paragraph (2)(B) shall be liable, in addition to any amount due, to a marketing penalty at a rate equal to the support price for milk in effect at the time the failure occurs on the quantity of milk as to which the failure applies. The Secretary may reduce any such marketing penalty in such amount as the Secretary determines equitable in any case in which the Secretary determines that the failure was unintentional or without knowledge on the part of the person concerned. Each person who knowingly violates any other provision of this subsection, or any regulation issued under this subsection, shall be liable for a civil penalty of not more than $1,000 for each such violation. Any penalty provided for under this subparagraph shall be assessed by the Secretary after notice and opportunity for a hearing.

(ii)

Each person who buys, from a producer with respect to whom there is in effect at the time of such sale a contract entered into under paragraph (3), one or more dairy cattle sold for slaughter or export, who knows that such cattle are sold for slaughter or export, and who fails to cause the slaughter or export of such cattle within a reasonable time after receiving such cattle shall be liable for a civil penalty of not more than $5,000 with respect to each of such cattle.

(iii)

Each person who retains or acquires an interest in dairy cattle or the production of milk in violation of a contract entered into under this paragraph shall be liable, in addition to any amount due under paragraph (3)(A)(iv), to a marketing penalty on the quantity of milk produced during the period in which such ownership is prohibited under the contract. Such penalty shall be computed at the rate or rates of the support price for milk in effect during the period in which the milk production occurred.

(iv)

Each person who makes a false statement in a bid submitted under paragraph (3) as to (I) the marketings of milk for commercial use by the producer, or (II) the size or composition of the dairy herd that produced such marketings, or (III) the size or composition of the dairy herd at the time the bid is submitted shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of $5,000 for each head of cattle to which such statement applied.

(v)

Each person who makes a false statement as to the number of dairy cattle that was sold for slaughter or export under a contract under paragraph (3)(A) shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of not more than $5,000 for each head of cattle to which such statement applied.

(C)

Any person against whom a penalty is assessed under subparagraph (B) may obtain review of such penalty in an appropriate district court of the United States by filing a civil action in such court not later than thirty days after such penalty is imposed. The Secretary shall promptly file in such court a certified copy of the record upon which the penalty is based. The findings of the Secretary may be set aside only if found to be unsupported by substantial evidence.

(D)

The district courts of the United States shall have jurisdiction to review and enforce any penalty imposed under subparagraph (B).

(E)

The remedies provided in this paragraph shall be in addition to, and not exclusive of, other remedies that may be available.

(F)

In carrying out this subsection, the Secretary may, as the Secretary deems appropriate—

(i)

section 590h(b) of title 16 use the services of State and county committees established under ; and

(ii)

enter into agreements to use, on a reimbursable or nonreimbursable basis, the services of administrators of Federal milk marketing orders and State milk marketing programs.

(6)

The term “United States” as used in paragraphs (2) and (3) of this subsection means the forty-eight contiguous States in the continental United States.

(7)

The Secretary shall carry out this subsection through the Commodity Credit Corporation.

Oct. 31, 1949, ch. 792 63 Stat. 1052 Aug. 28, 1954, ch. 1041 68 Stat. 899 Apr. 2, 1956, ch. 159, § 1 70 Stat. 86 July 20, 1956, ch. 661 70 Stat. 596 Pub. L. 85–835, title V, § 503Aug. 28, 195872 Stat. 996 Pub. L. 86–799Sept. 16, 196074 Stat. 1054 Pub. L. 91–524, title II, § 202Nov. 30, 197084 Stat. 1361 Pub. L. 93–86, § 1(3)(B)Aug. 10, 197387 Stat. 222 Pub. L. 93–225Dec. 29, 197387 Stat. 942 Pub. L. 95–113, title II, § 203Sept. 29, 197791 Stat. 920 Pub. L. 96–127, § 1Nov. 28, 197993 Stat. 981 Pub. L. 96–494, title II, § 202(c)Dec. 3, 198094 Stat. 2570 Pub. L. 97–6Mar. 31, 198195 Stat. 8 Pub. L. 97–35, title I, § 150Aug. 13, 198195 Stat. 369 Pub. L. 97–98, title I, § 103Dec. 22, 198195 Stat. 1219 Pub. L. 97–253, title I, § 101Sept. 8, 198296 Stat. 763 Pub. L. 98–180, title I, § 102(a)Nov. 29, 198397 Stat. 1128 Pub. L. 99–114, § 1Oct. 1, 198599 Stat. 488 Pub. L. 99–157, § 1Nov. 15, 198599 Stat. 818 Pub. L. 99–182, § 1Dec. 13, 198599 Stat. 1173 Pub. L. 99–198, title I, § 101(a)Dec. 23, 198599 Stat. 1362–1365 Pub. L. 99–260, § 10Mar. 20, 1986100 Stat. 52 Pub. L. 100–45, § 15(a)May 27, 1987101 Stat. 325 Pub. L. 100–202, § 101(k) [title VI, § 638]Dec. 22, 1987101 Stat. 1329–322 Pub. L. 100–203, title I, § 1104(c)Dec. 22, 1987101 Stat. 1330–4 Pub. L. 100–387, title I, § 102(a)Aug. 11, 1988102 Stat. 932 Pub. L. 101–239, title I, § 1007Dec. 19, 1989103 Stat. 2110 Pub. L. 101–624, title VII, § 701(1)Nov. 28, 1990104 Stat. 3457 Pub. L. 102–237, title I, § 113(8)Dec. 13, 1991105 Stat. 1838(, title II, § 201, ; , title II, §§ 203(a), 204(b), title VII, § 709, , 912; , ; , ; , , ; , , ; , , ; , (C), , , 223; , , ; , title IX, §§ 901, 902, , , 949; , , ; , , ; , , ; , , ; , title VIII, § 801, title IX, § 901, , , 1256, 1257; , , ; , , ; , , ; , , ; , , ; –(e), title VIII, § 801, title IX, § 901, title X, §§ 1008, 1041, , , 1441, 1443, 1452, 1464; , , ; , , ; , , , 1329–357; –(e), , ; , , ; , , ; , title IX, § 901(1), title XI, § 1161(b), title XXII, § 2236(a), , , 3478, 3520, 3961; , , .)

Editorial Notes

References in Text

Section 1446e of this title Pub. L. 104–127, title I, § 141(g)Apr. 4, 1996110 Stat. 915, referred to in subsec. (c), was repealed by , , .

act May 12, 1933, ch. 25 48 Stat. 31 section 601 of this titleThe Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, referred to in subsec. (d)(2)(D), is title I of , , as amended, which is classified generally to chapter 26 (§ 601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

February 1, 1986section 902 of Title 2The order issued by the President on , referred to in subsec. (d)(2)(E)(i), is set out as a note under , The Congress.

section 902 of Title 2 Pub. L. 101–508, title XIII, § 13101(a)Nov. 5, 1990104 Stat. 1388–581 section 904(f)(5) of Title 2Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d)(2)(E)(i), (F)(i)(I), is classified to , The Congress, and was amended generally by , , . Provisions relating to Presidential orders are contained in .

Pub. L. 99–177Dec. 12, 198599 Stat. 1038 section 911 of Title 42 section 661 of Title 2 section 900 of Title 2 section 911 of Title 42 section 621 of Title 2 section 900 of Title 2The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d)(2)(F)(i)(I), is title II of , , , which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and , The Public Health and Welfare, repealed , enacted provisions set out as notes under and , and amended provisions set out as a note under . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 102–2371991—Subsecs. (b), (c). redesignated subsec. (b), relating to price supports for milk, as (c).

Pub. L. 101–6241990—Subsec. (a). , §§ 701(1), 901(1), 1161(b)(1), designated opening paragraph as subsec. (a) and substituted “oilseeds (including soybeans, sunflower seed, canola, rapeseed, safflower, flaxseed, mustard seed, and such other oilseeds as the Secretary may determine),” for “tung nuts,”, “honey, milk, sugar beets, and sugarcane” for “honey, and milk”, and “in accordance with this subchapter.” for “as follows:”.

Pub. L. 101–624, § 1161(b)(2)section 1446e of this titleSubsecs. (b), (c). , (3), redesignated subsec. (c) as (b) and substituted reference to for reference to subsection (d) of this section.

Pub. L. 101–624, § 2236(a)Subsec. (k)(2). , temporarily designated existing text as subpar. (A) and added subpar. (B). See Effective and Termination Dates of 1990 Amendment note below.

Pub. L. 101–239, § 1007(1)1989—Subsec. (d)(1)(C)(ii), (iii). , temporarily inserted in cl. (ii) “clause (iii) and” after “Except as provided in” and added cl. (iii). See Effective and Termination Dates of 1989 Amendment note below.

Pub. L. 101–239, § 1007(2)Subsec. (d)(1)(D)(i). , temporarily substituted “calendar year 1990” for “each of the calendar years 1988 and 1990” and “may reduce by not more than” for “shall reduce by”. See Effective and Termination Dates of 1989 Amendment note below.

Pub. L. 100–3871988—Subsec. (d)(1)(D). substituted “if for each of the calendar years 1988 and 1990” for “if for any of the calendar years 1988, 1989, and 1990”.

Pub. L. 100–45, § 15(a)(1)1987—, temporarily inserted “sunflower seeds,” after “soybeans,” in first sentence. See Effective and Termination Dates of 1987 Amendments note below.

Pub. L. 100–203, § 1104(c)Subsec. (b)(1)(D). , temporarily added subpar. (D). See Effective and Termination Dates of 1987 Amendments note below.

Pub. L. 100–202, § 101(k) [title VI, § 638(1)]March 31, 1986April 1, 1986September 30, 1987Subsec. (d)(2)(A). , substituted “Beginning after ,” for “During the period beginning on , and ending on ,”.

Pub. L. 100–202, § 101(k) [title VI, § 638(2)]Subsec. (d)(2)(B). , substituted “subparagraphs (E) and (F)” for “subparagraph (E)”.

Pub. L. 100–203, § 1104(d)(1)Subsec. (d)(2)(C). , substituted “this paragraph” for “subparagraph (A)”.

Pub. L. 100–203, § 1104(d)(2)Subsec. (d)(2)(F). , added subpar. (F) directing Secretary to provide for reduction of 2½ cents per hundredweight in price received by producers during calendar year 1988.

Pub. L. 100–202, § 101(k) [title VI, § 638(3)], added subpar. (F) directing Secretary to provide for reduction under subpar. (A) as the sole means of achieving any reduction in budget outlays in milk price-support system under Presidential budget-cutting orders.

Pub. L. 100–203, § 1104(e)Subsec. (j)(7). , added par. (7).

lPub. L. 100–45, § 15(a)(2)lSubsec. (). , temporarily added subsec. (). See Effective and Termination Dates of 1987 Amendments note below.

Pub. L. 99–260, § 10(1)1986—Subsec. (d)(2)(B). , substituted “Except as provided in subparagraph (E), the” for “The”.

Pub. L. 99–260, § 10(2)Subsec. (d)(2)(E). , added subpar. (E).

Pub. L. 99–198 Pub. L. 95–113 Pub. L. 97–981985—, §§ 801(1), 901(1), in provisions preceding subsec. (a), temporarily reenacted without change the amendments made in 1977 by sections 901(1) and 902(1) of and in 1981 by sections 801(1) and 901(1) of , which inserted references to soybeans, sugar beets, and sugar cane. See Effective and Termination Dates of Amendments notes for 1985, 1981, and 1977, respectively, set out below.

Pub. L. 99–198, § 1041Subsec. (b). , amended subsec. (b) generally, temporarily substituting provisions for loans, purchases and other price supports for the 1986 through 1990 crops of honey, and repayment of loans under this subsection, as well as penalties for pledging adulterated or imported honey as collateral to secure such loans, for provisions for support of the price of honey through loans, purchases or other operations, without any crop year restrictions, at a level not in excess of 90 per centum nor less than 60 per centum of the parity price thereof, and struck out provisions for price support for tung nuts through the 1976 crop year. See Effective and Termination Dates of 1985 Amendments note below.

Pub. L. 99–198, § 101(d)Subsec. (c). , substituted “Except as provided in subsection (d) of this section, the price” for “The price”.

Pub. L. 99–198, § 101(a)April 1, 1985July 1, 1985Subsec. (d)(1). , in amending par. (1) generally, substituted provisions adjusting milk price support levels for calendar years 1986 through 1990 by gradually reducing the price support from $11.60 per hundredweight to $11.10 per hundredweight, providing for adjustments of 50 cents per hundredweight in the support level for calendar years 1988 through 1990 depending on projected sales levels for provisions setting price support levels for calendar years 1983 through 1985 by gradually reducing the price support from $13.10 per hundredweight to $12.60 per hundredweight, and providing for adjustments of 50 cents per hundredweight in the support level for twelve month periods beginning on and/or , depending on projected sales levels.

Pub. L. 99–182December 31, 1985December 13, 1985Subsec. (d)(1)(B). substituted “” for “”.

Pub. L. 99–157December 13, 1985November 15, 1985 substituted “” for “”.

Pub. L. 99–114November 15, 1985September 30, 1985 substituted “” for “”.

Pub. L. 99–198, § 101(a)Apr. 1, 1986Dec. 31, 1986Nov. 29, 1983Mar. 31, 1985Nov. 29, 1983Subsec. (d)(2). , in amending par. (2) generally, substituted provisions for a reduction in the price received by producers for all milk produced in the United States and marketed for commercial use in an amount of 40 cents per hundredweight for the period between , and , and 25 cents per hundredweight during the first 9 months of 1987 for provisions for a reduction of 50 cents per hundredweight in such price effective for the period beginning with the first day of the first calendar month following , and ending on , and struck out provisions relating to the continued applicability of pars. (2) to (7) of this subsection between , and the last day of November, 1983, and the inapplicability of sections 4501 to 4513 of this title to prior deductions or collections under this subsection, and provisions that to the extent that funds collected under this paragraph were inadequate to make payments to producers under par. (3), such payments had to be made using otherwise available funds.

Pub. L. 99–198, § 101(b)(1)Apr. 1, 1986Feb. 1, 1984Jan. 1, 1984Subsec. (d)(3)(A). , in amending subpar. (A) generally, substituted provisions for a milk production termination program for the 18-month period beginning , for provisions for a milk diversion program under which Secretary had to offer to enter into a contract, at any time up to , with any producer of milk in the United States to reduce the quantity of commercially marketed milk during the 15-month period beginning .

Pub. L. 99–198, § 101(b)(1)Jan. 1, 1984Subsec. (d)(3)(B). , in amending subpar. (B) generally, substituted provisions authorizing Secretary to establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989 and 1990 for provisions which had enumerated the requirements for contracts between Secretary and any domestic producer of milk to reduce the quantity of commercially marketed milk during the 15-month period beginning .

Pub. L. 99–198, § 101(b)(1)Subsec. (d)(3)(C). , in amending subpar. (C) generally, substituted provisions requiring Secretary to take into account any adverse effect of any milk diversion or milk production program or contracts on beef, pork and poultry producers in the United States and to take all feasible steps to minimize such effect for provisions requiring Secretary to pay to producers complying with such contracts an amount equal to the product of $10 per hundredweight and the amount, measured in hundredweights, by which the quantity of milk marketed by such producer for commercial use during the period specified in such contract was less than the quantity of milk marketed by such producer for commercial use during the marketing history period.

Pub. L. 99–198, § 101(b)(1)Subsec. (d)(3)(D). , in amending subpar. (D) generally, substituted provisions establishing eligibility of producers who have acquired their entire milk production facility and dairy herd by gift or inheritance from family member or members for provisions prohibiting payments to producers with respect to whom any reduction in the quantity of milk did not meet specified percentage guidelines.

Pub. L. 99–198, § 101(b)(1)Subsec. (d)(3)(E). , (3), struck out subpar. (E) which specified conditions under which Secretary could modify contracts entered into under this paragraph, and redesignated subpar. (K) as (E).

Pub. L. 99–198, § 101(b)(1)Subsec. (d)(3)(F). , struck out subpar. (F) which required domestic producers of milk seeking to enter into contracts for diversion payments to provide Secretary with evidence of such producer’s marketing history, as defined by this subparagraph, which Secretary could adjust to take into account natural disasters or other conditions and factors where necessary.

Pub. L. 99–198, § 101(b)(1)Dec. 31, 1982Subsec. (d)(3)(G). , struck out subpar. (G) which provided that no marketing history could be assigned to any producer who commenced marketing milk after , except as provided in subpar. (H).

Pub. L. 99–198, § 101(b)(2)Subsec. (d)(3)(H). , struck out subpar. (H) which provided that a producer’s marketing history could not be transferred to another person unless the producer’s entire milk production facility and dairy herd were transferred by reason of the death of the producer, a gift by the producer, or to a member or members of the family of the producer.

Pub. L. 99–198, § 101(b)(2)Subsec. (d)(3)(I). , struck out subpar. (I) which provided that eligibility for diversion payments would be determined on the basis of the marketing history provided for under subpar. (F).

Pub. L. 99–198, § 101(b)(2)Subsec. (d)(3)(J). , struck out subpar. (J) which provided for quarterly diversion payments to eligible producers who were able to demonstrate compliance with terms of contract with Secretary for reduction in commercial marketing of milk.

Pub. L. 99–198, § 101(b)(3)Subsec. (d)(3)(K). , redesignated subpar. (K) as (E).

Pub. L. 99–198, § 101(b)(2)Subsec. (d)(3)(L). , struck out subpar. (L) which provided conditions under which a producer could assign a contract entered into under this paragraph.

Pub. L. 99–198, § 101(b)(2)Subsec. (d)(3)(O). , struck out subpar. (O) which authorized Secretary to adjust the producer’s diversion payments to reflect the composition of milk marketed during the marketing history period, in the event of substantial deviation in the composition of milk marketed after that period.

Pub. L. 99–198, § 101(c)Subsec. (d)(5)(B)(i). , designated existing provisions as cl. (i), struck out “(i)” after “Each person”, substituted “or who fails to remit” for “, (ii) who fails to remit”, struck out “, or (iii) who fails to make the reduction in marketings required by a contract under paragraph (3)” before “shall be liable”, and added cls. (ii) to (v).

Pub. L. 99–198, § 101(e)Subsec. (d)(7). , added par. (7).

Pub. L. 99–198Subsecs. (i) to (k). , §§ 801(2), 901(2), 1008, temporarily added subsecs. (i) to (k). See Effective and Termination Dates of 1985 Amendment note below.

Pub. L. 98–180Oct. 1, 1982Apr. 1, 19831983—Subsec. (d). amended subsec. (d) generally, substituting provision designed to adjust milk production to levels consistent with the national demand for milk and milk products by reducing the price support to $12.60 per hundredweight, with provision for further increase or decrease depending on volume, providing a 50 cents reduction per hundredweight in the price on all milk produced in the United States and marketed by producers for commercial use, and establishing a milk diversion program to reduce milk production for provision which kept the price support at $13.10 per hundredweight and authorized Secretary to collect $1.00 from farmers for every hundredweight of production sold, with the first 50 cents, payable beginning , to be nonrefundable, and the second 50 cents, payable beginning , refundable if the farmer could demonstrate reduced commercial marketings from such marketings during a defined base period.

Pub. L. 97–253, § 101(1)Dec. 22, 1981Sept. 30, 1982Sept. 30, 19831982—Subsec. (c). , struck out provision specifying milk price supports for the period beginning , and ending , and for fiscal years ending , 1984, and 1985, with authority for Secretary to set milk price supports if he estimated that for such a fiscal year the net cost of Government price support purchases would be less than $1,000,000,000 for that fiscal year or if he estimated that the net Government price support purchases would be less than a specified poundage per fiscal year.

Pub. L. 97–253, § 101(2)Subsec. (d). , added subsec. (d).

Pub. L. 97–981981—, §§ 801(1), 901(1), temporarily inserted reference in provision preceding subsec. (a) to soybeans, sugar beets, and sugarcane. See Effective and Termination Dates of 1981 Amendment note below.

Pub. L. 97–98, § 103(1)Dec. 22, 1981Sept. 30, 1982Sept. 30, 1983Oct. 1, 1981Sept. 30, 1985Subsec. (c). , substituted provision specifying milk price supports for the period beginning , and ending , and for fiscal years ending , 1984, and 1985, with authority for Secretary to set milk price supports if he estimates that for such a fiscal year the net cost of Government price support purchases will be less than $1,000,000,000 for that fiscal year or if he estimates that the net Government price support purchases will be less than a specified poundage per fiscal year for provision specifying the procedure and setting a schedule to be used to determine milk price supports for the period beginning , and ending .

Pub. L. 97–35, § 150(1)Oct. 1, 1981Sept. 30, 1985Oct. 1, 1977Sept. 30, 1981, substituted provisions setting forth price support levels for the period beginning , and ending , for provisions setting forth price support levels for the period beginning , and ending .

Pub. L. 97–98, § 103(2)Oct. 1, 1982Sept. 30, 1985Subsec. (d). , struck out subsec. (d) which provided that, effective for the period beginning , and ending , the support price of milk be adjusted by the Secretary at the beginning of each semiannual period to reflect the estimated change in the parity index during such semiannual period.

Pub. L. 97–35, § 150(2), added subsec. (d).

Pub. L. 97–6Oct. 1, 1977Sept. 30, 1981 struck out subsec. (d) which required that, for the period , to , the support price of milk be adjusted semiannually.

Pub. L. 97–98Subsecs. (g), (h). , §§ 801(2), 901(2), temporarily added subsecs. (g) and (h). See Effective and Termination Dates of 1981 Amendments note below.

Pub. L. 96–4941980—Subsec. (e). inserted proviso that 1981 crop of soybeans shall be supported through loans and purchases at not less than $5.02 per bushel.

Pub. L. 96–127, § 1(a)Sept. 30, 1981Mar. 31, 19791979—Subsec. (c). , substituted , for .

Pub. L. 96–127, § 1(b)Sept. 30, 1981Mar. 31, 1981Subsec. (d). , substituted , for .

Pub. L. 95–1131977—, §§ 901(1), 902(1), temporarily inserted references to soybeans, sugar beets, and sugar cane in provisions preceding subsec. (a). See Effective and Termination Dates of 1977 Amendment note below.

Pub. L. 95–113, § 203(1)Oct. 1, 1977Mar. 31, 1979Aug. 10, 1973Mar. 31, 1975Subsec. (c). , substituted the period , through , for the period , through , as the period during which the price of milk shall be supported at not less than 80 per centum of parity.

Pub. L. 95–113, § 203(2)Subsec. (d). , added subsec. (d).

Pub. L. 95–113Subsecs. (e), (f). , §§ 901(2), 902(2), temporarily added subsecs. (e) and (f). See Effective and Termination Dates of 1977 Amendment note below.

Pub. L. 93–2251973—Subsec. (b). limited tung nuts price support level provisions to tung nuts through the 1976 crop year. Prior provisions were applicable to tung nuts without any crop year restriction.

Pub. L. 93–86August 10, 1973March 31, 1975Subsec. (c). inserted “of pure and wholesome milk to meet current needs, reflect changes in the cost of production, and assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs” after “necessary in order to assure an adequate supply” and inserted provision that for the period , through , the price of milk shall be supported at not less than 80 per centum of the parity price therefor.

Pub. L. 91–5241970— substituted “and milk” for “milk, butterfat, and products of milk and butterfat” in provisions preceding subsec. (a) and struck out provisions for butterfat price supports in subsec. (c).

Pub. L. 86–799September 16, 1960March 31, 19611960—Subsec. (c). inserted “Notwithstanding the foregoing provisions, for the period beginning with , and ending , the price of milk for manufacturing purposes and the price of butterfat shall be supported at not less than $3.22 per hundredweight and 59.6 cents per pound, respectively.”

Pub. L. 85–8351958—Subsec. (b). required minimum support level of tung oil to be 65 per centum of parity whenever domestic production is less than anticipated domestic demand.

July 20, 19561956—Subsec. (c). Act , struck out “as are” before “devoted,” and substituted “children” for “underprivileged children on a public welfare or charitable basis”.

Apr. 2, 1956Act increased amount authorized for fiscal year 1956 from $50,000,000 to $60,000,000, to authorize $75,000,000 for each of fiscal years 1957 and 1958, and permitted certain institutions devoted to care and training of underprivileged children on a public welfare or charitable basis to share in the program.

Aug. 28, 19541954—Act , §§ 203(a), 709, removed Irish potatoes and wool (including mohair) from price support list in provisions preceding subsec. (a).

Aug. 28, 1954Subsec. (a). Act , § 709, struck out subsec. (a) relating to support of wool and mohair.

Aug. 28, 1954Subsec. (b). Act , § 203(a), struck out reference to Irish potatoes.

Aug. 28, 1954Subsec. (c). Act , § 204(b), provided for disposal of surplus dairy stocks owned by CCC.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 1990 Amendment

Pub. L. 101–624 section 1171 of Pub. L. 101–624 section 1421 of this titleAmendment by sections 701(1), 901(1), and 1161(b) of effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see , set out as an Effective Date of 1990 Amendment note under .

Pub. L. 101–624, title XXII, § 2236(a)Nov. 28, 1990104 Stat. 3961, , , provided that the amendment made by section 2236(a) is effective only for the 1990 crop of sugarcane.

Effective and Termination Dates of 1989 Amendment

Pub. L. 101–239, title I, § 1007Dec. 19, 1989103 Stat. 2110, , , provided that the amendment made by section 1007 is effective only for calendar year 1990.

Effective and Termination Dates of 1987 Amendments

Pub. L. 100–203, title I, § 1104(c)Dec. 22, 1987101 Stat. 1330–4, , , provided that the amendment made by section 1104(c) is effective only for the 1987 through 1990 crops of honey.

Pub. L. 100–45, § 15(a)May 27, 1987101 Stat. 325, , , provided that the amendment made by section 15(a) is effective for the 1987 through 1990 crops of sunflowers.

Effective Date of 1986 Amendment

Pub. L. 99–260, § 10Mar. 20, 1986100 Stat. 52Mar. 1, 1986, , , provided that the amendment made by section 10 is effective .

Effective and Termination Dates of 1985 Amendment

Pub. L. 99–198, title I, § 101(f)Dec. 23, 198599 Stat. 1366

January 1, 1986“The provisions of this section [amending this section] shall become effective .”

, , , provided that:

Pub. L. 99–198, title VIII, § 801Dec. 23, 198599 Stat. 1441, , , provided that the amendment made by section 801 is effective only for the 1986 through 1990 crops of soybeans.

Pub. L. 99–198, title IX, § 901Dec. 23, 198599 Stat. 1443, , , provided that the amendment made by section 901 is effective only for the 1986 through 1990 crops of sugar beets and sugarcane.

Pub. L. 99–198, title X, § 1008Dec. 23, 198599 Stat. 1452, , , provided that the amendment made by section 1008 is effective only for the 1985 through 1990 crops of peanuts, soybeans, sugar beets, and sugarcane.

Pub. L. 99–198, title X, § 1041Dec. 23, 198599 Stat. 1464, , , provided that the amendment made by section 1041 is effective only for the 1986 through 1990 crops of honey.

Effective Date of 1982 Amendment

Pub. L. 97–253, title I, § 101(1)Sept. 8, 198296 Stat. 763Oct. 1, 1982, , , provided that the amendment made by section 101(1) is effective .

Effective and Termination Dates of 1981 Amendments

Pub. L. 97–98, title VIII, § 801Dec. 22, 198195 Stat. 1256, , , provided that the amendment made by section 801 is effective only for the 1982 through 1985 crop of soybeans.

Pub. L. 97–98, title IX, § 901Dec. 22, 198195 Stat. 1257, , , provided that the amendment made by section 901 is effective only for the 1982 through 1985 crop of sugar beets and sugarcane.

section 103 of Pub. L. 97–98Dec. 22, 1981section 1801 of Pub. L. 97–98 section 4301 of this titleAmendment by effective , see , set out as an Effective Date note under .

Pub. L. 97–35, title I, § 150Aug. 13, 198195 Stat. 369Oct. 1, 1981, , , provided that the amendment made by section 150 is effective .

Effective Date of 1980 Amendment

Pub. L. 96–494Dec. 3, 1980section 213 of Pub. L. 96–494 section 4001 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective and Termination Dates of 1977 Amendment

Pub. L. 95–113, title IX, § 901Sept. 29, 197791 Stat. 949, , , provided that the amendment made by section 901 is effective only with respect to the 1978 through 1981 crops of soybeans.

Pub. L. 95–113, title IX, § 902Sept. 29, 197791 Stat. 949, , , provided that the amendment made by section 902 is effective only with respect to the 1977 and 1978 crops of sugar beets and sugar cane.

Pub. L. 95–113Oct. 1, 1977section 1901 of Pub. L. 95–113 section 1307 of this titleAmendment by effective , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 1973 Amendment

Pub. L. 93–86, § 1(3)(B)Aug. 10, 197387 Stat. 222Apr. 1, 1974, , , provided that the amendment made by section 1(3)(B) is effective .

Effective and Termination Dates of 1970 Amendment

Pub. L. 91–524, title II, § 202Nov. 30, 197084 Stat. 1361Apr. 1, 1971Mar. 31, 1974Pub. L. 93–86, § 1(3)(A)Aug. 10, 197387 Stat. 222, , , in introductory provisions, provided that the amendment made by section 202 is effective only with respect to the period beginning , and ending . , , , struck out such introductory provisions.

Effective Date of 1954 Amendment

Act Aug. 28, 1954, ch. 1041, title VII, § 709 68 Stat. 912Apr. 1, 1955Pub. L. 103–130, § 3(a)Nov. 1, 1993107 Stat. 1369Dec. 31, 1995, , which provided that the amendment made by section 709 was effective , was repealed by , , , eff. .

Inapplicability of Section

Feb. 7, 2014Dec. 31, 2018section 9092(b)(8) 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(b)(8) 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(b)(8) 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(b)(1)(H) 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 .

Application of 1990 Amendments

Pub. L. 101–624, title I, § 107Nov. 28, 1990104 Stat. 3380

section 1446e of this title section 713a–14 of Title 15 7 U.S.C. 1446Nov. 28, 1990“The amendments made by this title [enacting , amending sections 608c, 1446a, and 4553 of this title and , Commerce and Trade, and amending provisions set out as notes under sections 608c and 1731 of this title] shall not affect any liability of any person under section 201 of the Agricultural Act of 1949 () as in effect before the date of the enactment of this Act [].”

, , , provided that:

Modification of Milk Production Termination Program

Pub. L. 102–237, title I, § 128Dec. 13, 1991105 Stat. 1846Oct. 1, 1990Feb. 1, 1991, , , provided that if, with respect to any natural disaster occurring during period beginning on , and ending on , the Secretary of Agriculture determines that natural disaster renders unusable land or milk production facilities of producers on a farm, the Secretary shall allow the producers to transfer the production unit (including dairy animals and equipment) to farm idled under milk production termination program established under subsec. (d)(3) of this section, without penalty, if the producers on the farm agree to comply with all terms and conditions of program contract for remainder of contract period.

Triggered Marketing Loans and Export Enhancement

Pub. L. 100–418, title IV, § 4301Aug. 23, 1988102 Stat. 1395Jan. 1, 199019 U.S.C. 2191 Pub. L. 104–127, title II, § 263(b)Apr. 4, 1996110 Stat. 974, , , directed President, if, before , law had not been enacted in accordance with implementing agreement negotiated under Uruguay round of multilateral trade negotiations conducted under General Agreement on Tariffs and Trade concerning agricultural trade, to submit, not later than 45 days after such date, report to Congress describing status of GATT negotiations concerning agricultural trade, and to certify to Congress whether significant progress had been made in negotiations, and provided authority for a marketing loan program if President did not so certify, and authority for an export enhancement program, if President waived or discontinued marketing loan program, prior to repeal by , (c), , , effective beginning with 1996 crops of wheat, feed grains, upland cotton, and rice.

Price Support Programs for Sunflower Seeds and Cottonseed

Pub. L. 100–418, title IV, § 4302Aug. 23, 1988102 Stat. 1397 section 4301 of Pub. L. 100–418 section 4301(b)(3) of Pub. L. 100–418, , , directed Secretary to support price of 1990 crop of sunflower seeds and cottonseed if producers were permitted to repay loans for 1990 crop of soybeans under subsec. (i) of this section at level that was less than full amount of loan pursuant to (formerly set out as a note above), and provided that, if marketing loan program for 1990 crop of soybeans was discontinued under , Secretary was to discontinue such price support programs for sunflower seeds and cottonseed.

Temporary Increase in Price Support for Milk; Implementation

Pub. L. 101–7, § 1Mar. 29, 1989103 Stat. 9 section 102(b) of Pub. L. 100–387July 1, 1989, , , provided for allocation of price support increases and decreases between non-fat dry milk and butter with respect to purchases of butter and non-fat dry milk made under subsec. (d) of this section, in carrying out temporary $0.50 per hundredweight increase in rate of price support for milk provided for in (formerly set out below) and in implementing $0.50 per hundredweight decrease in rate of price support for milk scheduled to occur on , as provided in such section 102(b).

Pub. L. 100–387, title I, § 102(b)Aug. 11, 1988102 Stat. 932Apr. 1, 1989Apr. 1, 1989June 30, 1989, , , provided that notwithstanding subsec. (d)(1) of this section, the rate of price support for milk in effect under such subsec. immediately before , shall be increased by 50 cents throughout the period beginning on , and ending on .

Report to Committees of Congress

Pub. L. 100–387, title III, § 301(a)(2)Aug. 11, 1988102 Stat. 946Feb. 1, 1989Mar. 1, 1989Sept. 1, 1989, , , directed Secretary of Agriculture, not earlier than , and not later than , with respect to 1989 crop of soybeans, and not later than , with respect to 1990 crop of soybeans, to submit to Congress statement setting forth reasons for implementing or not implementing soybean marketing loan program authorized under subsec. (i)(3) of this section.

Sense of Congress

Pub. L. 100–45, § 15(b)May 27, 1987101 Stat. 326ll, , , stated sense of Congress that, if producers were permitted to repay loans for a crop of soybeans under subsec. (i) of this section at a level that is less than the full amount of the loan, the Secretary should make loans and purchases available for such crop of sunflowers in accordance with subsec. ()(1) of this section and permit producers to repay such loans in accordance with subsec. ()(2) of this section.

Application of Support Price for Milk

Pub. L. 99–198, title I, § 103Dec. 23, 198599 Stat. 1366, , , provided that for purposes of supporting price of milk under subsec. (d) of this section, the Secretary of Agriculture was not to take into consideration any market value of whey.

Avoidance of Adverse Effect of Milk Production Termination Program on Beef, Pork, and Lamb Producers

Pub. L. 99–198, title I, § 104Dec. 23, 198599 Stat. 1366, , , directed Secretary of Agriculture, in order to minimize adverse effect of milk production termination program on beef, pork, and lamb producers during 18-month period for which such program was in effect under subsec. (d) of this section, to use funds available under specific programs of Department of Agriculture to purchase and distribute quantities of red meat in addition to those quantities normally purchased and distributed by Secretary, directed Secretary of Defense and other Federal agencies to use increased quantities of red meat to meet food needs of programs they administered, encouraged State agencies to cooperate in such effort, and directed Secretary of Agriculture to encourage consumption of red meat by the public.

Circumvention of Historical Distribution of Milk

Pub. L. 99–198, title I, § 107Dec. 23, 198599 Stat. 1367, , , directed Secretary of Agriculture to monitor Commodity Credit Corporation purchases of milk products during 1986 and 1987 and report to Congress, on a quarterly basis, on disruptions of, or attempts by handlers or cooperative marketing associations to circumvent, historical distribution of milk among processors during the milk production termination program.

Application of 1985 Amendments

Pub. L. 99–198, title I, § 108Dec. 23, 198599 Stat. 1367

Pub. L. 99–198 section 1446c–2 of this title 7 U.S.C. 1446Dec. 23, 1985“The amendments made by this subtitle [subtitle A (§§ 101–108) of title I of , enacting , amending this section, and enacting provisions set out as notes under this section] shall not affect any liability of any person under section 201 of the Agricultural Act of 1949 () as in effect before the date of the enactment of this Act [].”

, , , provided that:

National Commission on Dairy Policy

Pub. L. 99–198, title IDec. 23, 198599 Stat. 1374 Pub. L. 100–28, § 1Apr. 24, 1987101 Stat. 291Mar. 31, 1988, subtitle D (§§ 141–146), , , as amended by , , , established a National Commission on Dairy Policy to study and make recommendations concerning future operation of the Federal program established to support price of milk marketed by producers in the United States, directed Commission to submit to Secretary of Agriculture and Congress, not later than , a report containing results of its study and its recommendations, and provided for termination of Commission 30 days after submitting its report.

Applicability of Subsection (d)(2), (3) to 48 Contiguous States, December 1983, Through May 1984

Pub. L. 98–213, § 14Dec. 8, 198397 Stat. 1462Dec. 1, 1983May 31, 1984, , , provided that effective with respect to milk marketed for commercial use during period beginning on and ending on , subsec. (d)(2) and (3) of this section was to apply only to milk produced in the forty-eight contiguous States.

Implementation of Subsection (d) Without Regard to Public Participation in Rulemaking

Pub. L. 99–198, title I, § 102Dec. 23, 198599 Stat. 1366 5 U.S.C. 553, , , provided that was not to apply with respect to implementation of subsec. (d) of this section by the Secretary of Agriculture.

Pub. L. 98–180, title I, § 102(b)Nov. 29, 198397 Stat. 1135 section 102(a) of Pub. L. 98–180 5 U.S.C. 553, , , directed Secretary of Agriculture to implement provisions of subsec. (d) of this section, as amended by , without regard to the provisions requiring notice and other procedures for public participation in rulemaking contained in .

Avoidance of Adverse Impact of Dairy Diversion Program on Beef and Pork Producers

Pub. L. 98–180, title I, § 103Nov. 29, 198397 Stat. 1135 7 U.S.C. 612c(2), , , provided that in order to minimize adverse impact of the dairy diversion program on beef and pork producers, Secretary of Agriculture was to use funds available for purposes of and other funds available under commodity distribution and other nutrition programs of Department of Agriculture to increase use of beef and pork for such purposes, Secretary of Defense and other Federal and State agencies were encouraged to use increased quantities of beef and pork to meet food needs of programs which they administered, and Secretary of Agriculture was to take appropriate action to encourage consumption of beef and pork by members of public.

October 1, 1981December 31, 1981Price Support of Milk for Period Beginning , and Ending No Later Than

Pub. L. 97–67, § 1Oct. 20, 198195 Stat. 1039 Pub. L. 97–77, § 2(a)Nov. 13, 198195 Stat. 1069Oct. 1, 1981Dec. 22, 1981, , , as amended by , , , provided that notwithstanding provisions of subsec. (c) of this section, the price of milk was to be supported at the level of $13.10 per hundredweight for milk containing 3.67 per centum butterfat for the period beginning , and ending .

Continuation of Special Milk Program for Children

Pub. L. 85–478July 1, 195872 Stat. 276 Pub. L. 86–10Apr. 3, 195973 Stat. 15 Pub. L. 86–163Aug. 18, 195973 Stat. 363 Pub. L. 86–446Apr. 29, 196074 Stat. 84 Pub. L. 87–67June 30, 196175 Stat. 147 Pub. L. 87–128, title IV, § 402Aug. 8, 196175 Stat. 319, , , as amended by , , ; , , ; , §§ 1, 2, , ; , , ; , , , authorized, for the fiscal years 1960–1962, the use of the funds of the Commodity Credit Corporation to increase the consumption of fluid milk by children (1) in nonprofit schools of high-school grade and under; and (2) in nonprofit nursery schools, child-care centers, settlement houses, summer camps, and similar nonprofit institutions devoted to the care and training of children. Appropriations were further authorized for fiscal years 1963–1967 for the same purposes.

Study of Production Control and Price Supports; Report to Congress

Act Aug. 28, 1954, ch. 1041, title II, § 204(f)68 Stat. 901, , directed Secretary of Agriculture to make a study of various methods of production control and of various methods of price support which could be made applicable to milk and butterfat and their products, including programs to be operated and financed by dairymen; and to submit to Congress on or before the 3d day of January, 1955, a detailed report thereof showing among other things the probable costs and effects of each type of operation studied and the legislation, if any, needed to put it into effect.