7 U.S.C. § 1446h
Section 1446h · Honey price support
Amended 4 times on record
For each of the 1991 through 1998 crops of honey, the price of honey shall be supported through loans, purchases, or other operations at not less than—
(1) 53.8 cents per pound for each of the 1991 through 1993 crop years;
(2) 50 cents per pound for each of the 1994 and 1995 crop years;
(3) 49 cents per pound for the 1996 crop year;
(4) 48 cents per pound for the 1997 crop year; and
(5) 47 cents per pound for the 1998 crop year.
The Secretary may permit a producer to repay a loan made to the producer under this section for a crop at a level that is the lesser of—
(1) the loan level determined for the crop; or
(2) such level as the Secretary determines will—
(A) minimize the number of loan forfeitures;
(B) not result in excessive total stocks of honey;
(C) reduce the costs incurred by the Federal Government in storing honey; and
(D) maintain the competitiveness of honey in the domestic and export markets.
(1) In general
The Secretary shall, for each of the 1991 through 1998 crops of honey, make payments available to producers who, although eligible to obtain a loan under subsection (b) of this section, agree to forgo obtaining the loan in return for payments under this subsection.
(2) Computation
A payment under this subsection shall be computed by multiplying—
(A) the loan payment rate; by
(B) the quantity of honey the producer is eligible to place under loan but for which the producer forgoes obtaining the loan in return for payments under this subsection.
(3) Loan payment rate
For purposes of this subsection, the loan payment rate shall be the amount by which—
(A) the loan level determined for the crop under subsection (a) of this section; exceeds
(B) the level at which a loan may be repaid under subsection (b) of this section.
(4) Marketing certificates
The Secretary may make payments under this section available in the form of certificates redeemable for any agricultural commodity owned by the Commodity Credit Corporation.
(1) In general
If the Secretary determines that a person has knowingly pledged adulterated or imported honey as collateral to secure a loan made under this section, the person, in addition to any other penalty or sanction prescribed by law, shall be ineligible for a loan, purchase, or payment under this section for the 3 crop years succeeding the determination.
(2) Adulterated honey
For purposes of paragraph (1), honey shall be considered adulterated if—
(A) any substance has been substituted wholly or in part for the honey;
(B) the honey contains a poisonous or deleterious substance that may render the honey injurious to health, except that in any case in which the substance is not added to the honey, the honey shall not be considered adulterated if the quantity of the substance in or on the honey does not ordinarily render it injurious to health; or
(C) for any other reason, the honey is unsound, unhealthy, unwholesome, or otherwise unfit for human consumption.
(1) In general
The total amount of payments that a person may receive under this section may not exceed—
(A) $200,000 in the 1991 crop year;
(B) $175,000 in the 1992 crop year;
(C) $150,000 in the 1993 crop year;
(D) $125,000 in the 1994 crop year;
(E) $100,000 in the 1995 crop year;
(F) $75,000 in the 1996 crop year; and
(G) $50,000 in each of the 1997 and 1998 crop years.
(2) Payments
For the purposes of this subsection, the term “payments” means—
(A) any gain realized by a producer from repaying a loan for a crop of honey at a lower level than the original loan level under this section; and
(B) any loan deficiency payment received under subsection (c) of this section.
(3) Person
The Secretary shall issue regulations defining the term “person” for the purposes of this section. The regulations shall provide for the attribution of payments received under this section.
The Secretary may issue such regulations as the Secretary determines necessary to carry out this section.
The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.
The provisions of section 590h(g) of title 16 (relating to assignment of payments) shall apply to payments under this section.
(1) In general
Effective only for each of the 1991 through 1993 crops of honey, producers and producer-packers of honey (as defined in paragraphs (5) and (9), respectively, of section 3 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4602)) shall remit to the Commodity Credit Corporation a nonrefundable marketing assessment on a per pound basis in an amount equal to 1 percent of the national price support level for each such crop as otherwise provided in this section.
(2) Collection
The assessment shall be collected and remitted by the first handler of honey in the manner prescribed by the Secretary which, to the extent practicable, shall be as provided for in the Honey Research, Promotion, and Consumer Information Act [7 U.S.C. 4601 et seq.].
(3) Exemptions
All persons who are exempt from the payment of the assessment authorized by such Act, and all imported honey, shall be exempt from the payment of the assessment required by this subsection.
(4) 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 honey involved in the violation; by
(B) the support level for the applicable crop of honey.
(5) 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 1998 crops of honey.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Honey Research, Promotion, and Consumer Information Act, referred to in subsec. (i)(2), (3), is Pub. L. 98–590, Oct. 30, 1984, 98 Stat. 3115, as amended, which is classified generally to chapter 77 (§4601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.
Amendments
1993—Subsec. (a). Pub. L. 103–66, §1110(1), (2), substituted “1998” for “1995”, substituted “than—” for “than 53.8 cents per pound.”, and added pars. (1) to (5).
Subsec. (c)(1). Pub. L. 103–66, §1110(1), substituted “1998” for “1995”.
Subsec. (e)(1)(D) to (G). Pub. L. 103–66, §1110(3), added subpars. (D) to (G) and struck out former subpar. (D) which read as follows: “$125,000 in each of the 1994 and subsequent crop years.”
Subsec. (i)(1). Pub. L. 103–66, §1110(4), substituted “1993” for “1995”.
Subsec. (j). Pub. L. 103–66, §1110(1), substituted “1998” for “1995”.
1990—Subsecs. (i), (j). Pub. L. 101–508 added subsec. (i) and redesignated former subsec. (i) as (j).
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.
Prohibition on Use of Funds for Honey Payments or Loan Forfeitures
Pub. L. 104–37, title VII, §718, Oct. 21, 1995, 109 Stat. 331, provided that: “Notwithstanding any other provision of this Act [see Tables for classification], none of the funds appropriated or otherwise made available by this Act shall be used by the Secretary of Agriculture to provide for a total amount of payments and/or total amount of loan forfeitures to a person to support the price of honey under section 207 of the Agriculture Act of 1949 (7 U.S.C. 1446h) and section 405A of such Act (7 U.S.C. 1425a) in excess of zero dollars in the 1994, 1995, and 1996 crop years.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 103–330, title VII, §723, Sept. 30, 1994, 108 Stat. 2469.
Pub. L. 103–111, title VII, §728, Oct. 21, 1993, 107 Stat. 1081.