section 1340 of this titlesection 1339 of this titleNotwithstanding any other provision of this subpart, no farm marketing quota for any crop of wheat shall be applicable to any farm with a farm acreage allotment of less than fifteen acres if the acreage of such crop of wheat does not exceed the small-farm base acreage determined for the farm, unless the operator elects in writing on a form and within the time prescribed by the Secretary to be subject to the farm acreage allotment and marketing quota. The small-farm base acreage for a farm shall be the smaller of (A) the average acreage of the crop of wheat planted for harvest in the three years 1959, 1960, and 1961, or such later three-year period, excluding 1963, determined by the Secretary to be representative, with adjustments for abnormal weather conditions, established crop-rotation practices on the farm, and such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable small-farm base acreage, or (B) fifteen acres. The acreage allotment for any farm shall be the larger of (1) the small-farm base acreage determined as provided above on the basis of the three-year period 1959–1961, reduced by the same percentage by which the national acreage allotment for the crop is reduced below fifty-five million acres, or (2) the acreage allotment determined without regard to (1) above. If the operator of any such farm fails to make such election with respect to any crop of wheat, (i) for the purposes of , the farm acreage allotment for such crop of wheat shall be deemed to be the larger of (A) the small-farm base acreage or (B) the acreage allotment for the farm, (ii) the land-use provisions of shall be inapplicable to the farm, (iii) such crop of wheat shall not be eligible for price support, and (iv) wheat marketing certificates applicable to such crop shall not be issued with respect to the farm. The additional acreage required to provide acreage allotments for farms based upon small-farm base acreages under this section shall be in addition to National, State, and county acreage allotments. This section shall not be applicable to the crops planted for harvest in 1967 and subsequent years.
Feb. 16, 1938, ch. 3052 Stat. 54July 26, 1939, ch. 37953 Stat. 1126June 6, 1940, ch. 23754 Stat. 232July 3, 1948, ch. 82762 Stat. 1256Aug. 28, 1954, ch. 104168 Stat. 903Pub. L. 85–203, § 171 Stat. 477Pub. L. 87–128, title I, § 122(e)75 Stat. 297Pub. L. 87–703, title III, § 31576 Stat. 621Pub. L. 89–321, title V, § 501(8)79 Stat. 1201Pub. L. 99–198, title III, § 30599 Stat. 1380(, title III, § 335, ; , ; , ; , title II, §§ 204(a), ; , title III, § 309, ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 99–1981985— amended section generally, temporarily substituting provisions relating to marketing penalties for provisions for small-farm exemptions from marketing quotas. See Effective and Termination Dates of 1985 Amendment note below.
Pub. L. 89–3211965— made section inapplicable to crops planted for harvest in 1967 and subsequent years.
Pub. L. 87–703section 1334b of this title1962— substituted provisions for small-farm exemption from marketing quotas for provisions of subsecs. (a), (b), (c), (e), and (f), respecting the establishment of marketing quotas, the amount of national and farm marketing quotas, designation of States outside commercial wheat-producing areas (now covered by ), and feed wheat exemption permitting any producer to harvest up to 30 acres of wheat without penalty if the entire crop is used on the farm where produced.
Pub. L. 87–1281961—Subsec. (d). repealed subsec. (d) which provided that no farm marketing quota with respect to wheat shall be applicable in any marketing year to any farm on which the normal production of the acreage planted to wheat of the current crop is less than 200 bushels.
Pub. L. 85–2031957—Subsec. (f). added subsec. (f).
1954—Subsec. (a). Act , § 309(a), substituted “May 15” for “July 1”.
Subsec. (e). Act , § 309(b), added subsec. (e).
1948—Subsec. (a). Act , changed conditions which must be determined by the Secretary to exist before marketing quotas can be imposed.
1940—Subsec. (d). Act , substituted “two hundred” for “one hundred”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1985 Amendment
Pub. L. 99–198, title III, § 30599 Stat. 1380Pub. L. 99–198, , , provided that the amendment made by is effective only for the 1987 through 1990 crops of wheat.
Effective Date of 1965 Amendment
Pub. L. 89–321section 501 of Pub. L. 89–321section 1332 of this titleAmendment by effective beginning with the crop planted for harvest in calendar year 1966, see , set out as a note under .
Effective Date of 1962 Amendment
Pub. L. 87–703section 323 of Pub. L. 87–703section 1301 of this titleAmendment by effective only with respect to programs applicable to crops planted for harvest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see , set out as a note under .
Effective Date of 1961 Amendment
Pub. L. 87–128, title I, § 122(e)75 Stat. 297Pub. L. 87–128, , , provided that the amendment made by is effective with the 1962 crop of wheat.
Effective Date of 1948 Amendment
section 1301 of this titleAmendment by act , effective , see section 303 of act , set out as a note under .
Inapplicability of Section
section 9092(a)(1) 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(a)(1) 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(a)(1) 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(a)(1)(A) 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 .
section 303 of Pub. L. 101–624section 1331 of this titleSection inapplicable to 1991 through 1995 crops of wheat, see , set out as a note under .
section 310(a) of Pub. L. 99–198section 1332 of this titleSection inapplicable to 1986 crop of wheat, see , set out as a note under .
section 303 of Pub. L. 97–98section 1331 of this titleSection inapplicable to 1982 through 1985 crops of wheat, see , set out as a note under .
section 404 of Pub. L. 95–113section 1331 of this titleSection inapplicable to 1978 through 1981 crops of wheat, see , set out as a note under .
Pub. L. 91–524, title IV, § 404(1)84 Stat. 1366Pub. L. 93–86, § 1(11)87 Stat. 229, , , as amended by , , , provided that this section is not applicable to 1971 through 1977 crops of wheat.