7 U.S.C. § 1445C
Section 1445c · Repealed. Pub. L. 104127, title I, 171(b)(2)(E), Apr. 4, 1996, 110 Stat. 938
Amended 5 times on record
(1) In general
The Secretary shall make price support available to producers through loans, purchases, and other operations on quota peanuts for each of the 1991 through 1997 crops.
(2) Support rates
The national average quota support rate for each of the 1991 through 1997 crops of quota peanuts shall be the national average quota support rate for the immediately preceding crop, adjusted to reflect any increase, during the calendar year immediately preceding the marketing year for the crop for which a level of support is being determined, in the national average cost of peanut production, excluding any change in the cost of land and the cost of any assessments required under subsection (g) of this section, except that in no event shall the national average quota support rate for any such crop exceed by more than 5 percent the national average quota support rate for the preceding crop.
(3) Inspection, handling, or storage
The levels of support so announced shall not be reduced by any deductions for inspection, handling, or storage.
(4) Location and other factors
The Secretary may make adjustments for location of peanuts and such other factors as are authorized by section 1423 of this title.
(5) Announcement
The Secretary shall announce the level of support for quota peanuts of each crop not later than February 15 preceding the marketing year for the crop for which the level of support is being determined.
(1) In general
The Secretary shall make price support available to producers through loans, purchases, or other operations on additional peanuts for each of the 1991 through 1997 crops at such levels as the Secretary finds appropriate, taking into consideration the demand for peanut oil and peanut meal, expected prices of other vegetable oils and protein meals, and the demand for peanuts in foreign markets, except that the Secretary shall set the support rate on additional peanuts at a level estimated by the Secretary to ensure that there are no losses to the Commodity Credit Corporation on the sale or disposal of the peanuts.
(2) Announcement
The Secretary shall announce the level of support for additional peanuts of each crop not later than February 15 preceding the marketing year for the crop for which the level of support is being determined.
(1) Warehouse storage loans
(A) In general
In carrying out subsections (a) and (b) of this section, the Secretary shall make warehouse storage loans available in each of the three producing areas (described in section 1446.95 of title 7 of the Code of Federal Regulations (January 1, 1989)) to a designated area marketing association of peanut producers that is selected and approved by the Secretary and that is operated primarily for the purpose of conducting the loan activities. The Secretary may not make warehouse storage loans available to any cooperative that is engaged in operations or activities concerning peanuts other than those operations and activities specified in this section and sections 1359 and 1359a of this title.
(B) Administrative and supervisory activities
The area marketing associations shall be used in administrative and supervisory activities relating to price support and marketing activities under this section and sections 1359 and 1359a of this title.
(C) Association costs
Loans made to the association under this paragraph shall include, in addition to the price support value of the peanuts, such costs as the area marketing association reasonably may incur in carrying out its responsibilities, operations, and activities under this section and sections 1359 and 1359a of this title.
(2) Pools for quota and additional peanuts
(A) In general
The Secretary shall require that each area marketing association establish pools and maintain complete and accurate records by area and segregation for quota peanuts handled under loan and for additional peanuts placed under loan, except that separate pools shall be established for Valencia peanuts produced in New Mexico. Bright hull and dark hull Valencia peanuts shall be considered as separate types for the purpose of establishing the pools.
(B) Net gains
Net gains on peanuts in each pool, unless otherwise approved by the Secretary, shall be distributed only to producers who placed peanuts in the pool and shall be distributed in proportion to the value of the peanuts placed in the pool by each producer. Net gains for peanuts in each pool shall consist of the following:
(i) Quota peanuts
For quota peanuts, the net gains over and above the loan indebtedness and other costs or losses incurred on peanuts placed in the pool plus an amount from all additional pool gains equal to any loss on disposition of all peanuts in the pool for quota peanuts.
(ii) Additional peanuts
For additional peanuts, the net gains over and above the loan indebtedness and other costs or losses incurred on peanuts placed in the pool for additional peanuts less any amount allocated to offset any loss on the pool for quota peanuts as provided in clause (i).
Notwithstanding any other provision of this section:
(1) Quota peanuts placed under loan
Any distribution of net gains on additional peanuts (other than net gains on additional peanuts in separate type pools established under subsection (c)(2)(A) of this section for Valencia peanuts produced in New Mexico) shall be first reduced to the extent of any loss by the Commodity Credit Corporation on quota peanuts placed under loan.
(2) Quota loan pools
(A) Transfers from additional loan pools
The proceeds due any producer from any pool shall be reduced by the amount of any loss that is incurred with respect to peanuts transferred from an additional loan pool to a quota loan pool by such producer under section 1358–1(b)(8) of this title.
(B) Other losses
Losses in area quota pools, other than losses incurred as a result of transfers from additional loan pools to quota loan pools under section 1358–1(b)(8) of this title, shall be offset by any gains or profits from pools in other production areas (other than separate type pools established under subsection (c)(2)(A) of this section for Valencia peanuts produced in New Mexico) in such manner as the Secretary shall by regulation prescribe.
Notwithstanding any other provision of law, no price support may be made available by the Secretary for any crop of peanuts with respect to which poundage quotas have been disapproved by producers, as provided for in section 1358–1(d) of this title.
(1) Price support peanuts
With respect to peanuts under price support loan, the Secretary shall—
(A) promote the crushing of peanuts at a greater risk of deterioration before peanuts of a lesser risk of deterioration;
(B) ensure that all Commodity Credit Corporation loan stocks of peanuts sold for domestic edible use must be shown to have been officially inspected by licensed Department of Agriculture inspectors both as farmer stock and shelled or cleaned in-shell peanuts;
(C) continue to endeavor to operate the peanut price support program so as to improve the quality of domestic peanuts and ensure the coordination of activities under the Peanut Administrative Committee established under Marketing Agreement No. 146, regulating the quality of domestically produced peanuts (under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.)); and
(D) ensure that any changes made in the price support program as a result of this subsection requiring additional production or handling at the farm level shall be reflected as an upward adjustment in the Department of Agriculture loan schedule.
(2) Exports and other peanuts
The Secretary shall require that all peanuts in the domestic market fully comply with all quality standards under Marketing Agreement No. 146. The Secretary shall ensure that peanuts produced for the export market meet quality standards established for the domestic market under Marketing Agreement No. 146.
(1) In general
The Secretary shall provide, by regulation, for a nonrefundable marketing assessment applicable to each of the 1991 through 1997 crops of peanuts. The assessment shall be made in accordance with this subsection and shall be on a per pound basis in an amount equal to 1 percent for each of the 1991 through 1993 crops, 1.1 percent for each of the 1994 and 1995 crops, 1.15 percent for the 1996 crop, and 1.2 percent for the 1997 crop, of the national average quota or additional peanut support rate per pound, as applicable, for the applicable crop. No peanuts shall be assessed more than 1 percent for each of the 1991 through 1993 crops, 1.1 percent for each of the 1994 and 1995 crops, 1.15 percent for the 1996 crop, and 1.2 percent for the 1997 crop, of the applicable support rate under this subsection.
(2) First purchasers
(A) In general
Except as provided under paragraphs (3) and (4), the first purchaser of peanuts shall—
(i) collect from the producer a marketing assessment equal to the quantity of peanuts acquired multiplied by—
(I) in the case of each of the 1991 through 1993 crops, .5 percent of the applicable national average support rate;
(II) in the case of each of the 1994 and 1995 crops, .55 percent of the applicable national average support rate;
(III) in the case of the 1996 crop, .6 percent of the applicable national average support rate; and
(IV) in the case of the 1997 crop, .65 percent of the applicable national average support rate;
(ii) pay, in addition to the amount collected under clause (i), a marketing assessment in an amount equal to the quantity of peanuts acquired multiplied by—
(I) in the case of each of the 1991 through 1993 crops, .5 percent of the applicable national average support rate; and
(II) in the case of each of the 1994 through 1997 crops, .55 percent of the applicable national average support rate; and
(iii) remit the amounts required under clauses (i) and (ii) to the Commodity Credit Corporation in a manner specified by the Secretary.
(B) “First purchaser” defined
For purposes of this subsection, the term “first purchaser” means a person acquiring peanuts from a producer except that in the case of peanuts forfeited by a producer to the Commodity Credit Corporation, such term means the person acquiring the peanuts from the Commodity Credit Corporation.
(3) Other private marketings
In the case of a private marketing by a producer directly to a consumer through a retail or wholesale outlet or in the case of a marketing by the producer outside of the continental United States, the producer shall be responsible for the full amount of the assessment and shall remit the assessment by such time as is specified by the Secretary.
(4) Loan peanuts
In the case of peanuts that are pledged as collateral for a price support loan made under this section, 1/2 of the assessment shall be deducted from the proceeds of the loan. The remainder of the assessment shall be paid by the first purchaser of the peanuts. For purposes of computing net gains on peanuts under this section, the reduction in loan proceeds shall be treated as having been paid to the producer.
(5) Penalties
If any person fails to collect or remit the reduction required by this subsection or fails to comply with such requirements for recordkeeping or otherwise as are required by the Secretary to carry out this subsection, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying—
(A) the quantity of peanuts involved in the violation; by
(B) the national average quota peanut price support level for the applicable crop year.
(6) Enforcement
The Secretary may enforce this subsection in the courts of the United States.
Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1997 crops of peanuts.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.), referred to in subsec. (f)(1)(C), is act June 3, 1937, ch. 296, 50 Stat. 246, as amended, which is classified principally to chapter 26A (§671 et seq.) of this title. For complete classification of this Act to the Code, see section 674 of this title and Tables. The Agricultural Marketing Agreement Act of 1937 reenacted and amended the Agricultural Adjustment Act, title I of act May 12, 1933, ch. 25, 48 Stat. 31, 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 section 601 of this title and Tables.
Amendments
1993—Pub. L. 103–66, §1109(a)(1), substituted “1997” for “1995” in section catchline.
Subsecs. (a)(1), (2), (b)(1). Pub. L. 103–66, §1109(a)(2), substituted “1997” for “1995”.
Subsec. (g)(1). Pub. L. 103–66, §1109(a)(2), (3)(A), substituted “1997” for “1995” after “1991 through”, and inserted “for each of the 1991 through 1993 crops, 1.1 percent for each of the 1994 and 1995 crops, 1.15 percent for the 1996 crop, and 1.2 percent for the 1997 crop,” after “1 percent” in two places.
Subsec. (g)(2)(A)(i), (ii). Pub. L. 103–66, §1109(a)(3)(B), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
“(i) collect from the producer a marketing assessment equal to 1/2 percent of the applicable national average support rate times the quantity of peanuts acquired;
“(ii) pay, in addition to the amount collected under clause (i), a marketing assessment in an amount equal to 1/2 percent of the applicable national average support rate times the quantity of peanuts acquired; and”.
Subsec. (h). Pub. L. 103–66, §1109(a)(2), substituted “1997” for “1995”.
1991—Subsec. (c)(1). Pub. L. 102–237 made a technical amendment to the references to sections 1359 and 1359a of this title, wherever appearing, to reflect the renumbering of the corresponding sections of the original act.
1990—Subsec. (a)(2). Pub. L. 101–508, §1105(b)(2), inserted “and the cost of any assessments required under subsection (g) of this section” after “cost of land”.
Subsecs. (g), (h). Pub. L. 101–508, §1105(b)(1), added subsec. (g) and redesignated former subsec. (g) as (h).
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101–508, set out as a note under section 511r of this title.
Effective Date
Section effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title.