(1) (C) of the Agricultural Adjustment Act of 1938, as amended, for the three calendar years immediately preceding the calendar year in which the marketing year begins for the crop for which the support level is being determined to (ii) the average index of such prices paid by farmers, including wage rates, interest, and taxes for the calendar year 1959. (c) 19 If acreage poundage or poundage farm marketing quotas are in effect under section 317 or 319 of the Agricultural Adjustment Act of 1938, as amended, (1) price support shall not be made available on tobacco marketed in excess of 110 per centum of the marketing quota (after adjustments) for the farm on which such tobacco was produced, and (2) for the purpose of price-support eligibility, tobacco carried over from one marketing year to another shall, when marketed, be considered tobacco of the then current crop. (7 U.S.C. 1445.) PRICE SUPPORT FOR 1971 THROUGH 1973 CROPS OF WHEAT [Sec. 107 as set out below is effective only with respect to the 1971 through 1973 crops of wheat. Sec. 107 as originally enacted by the Act of September 27, 1962, 76 Stat. 630, and completely revised by the Act of April 11, 1964, 78 Stat. 182, has not been repealed and will again become effective with the 1974 crop. See footnote 20 for section 107 as it is applicable to the 1974 and subsequent crops.] SEC. 107.20 Notwithstanding any other provision of law— (a) Loans and purchases on each crop of wheat shall be made available at such level as the Secretary determines appropriate, taking 19 Clause (c) was added by the Act of April 16, 1965, 79 Stat. 72, and the current language was substituted for the original wording by the Act of April 14, 1971, Pub. L. 92-10, 85 Stat. 27. 20 Section 107 as quoted in the text above was enacted by Sec. 401 of the Agricultural Act of 1970, 84 Stat. 1362. It is effective only with respect to the 1971, 1972, and 1973 crops of wheat. Section 107 as set out below was effective with respect to 1964 and subsequent crops, but it was suspended for the 1966 through 1970 crops by the Act of November 3, 1965, 79 Stat. 1203, and by the Act of October 11, 1968, 82 Stat. 996. Having been suspended again by the new section 107 in the text above for the years 1971, 1972, and 1973, it will become effective once more for the crops of 1974 and crops subsequent: "Sec. 107. Notwithstanding the provisions of section 101 of this Act, beginning with the 1964 crop (1) Price support for wheat accompanied by domestic certificates shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines appropriate, taking into consideration the factors specified in section 401 (b). (2) Price support for wheat accompanied by export certificates shall be at such level not more than 90 per centum of the parity price therefor as the Secretary determines appropriate, taking into consideration the factors specified in section 401 (b). (3) Price support for wheat not accompanied by marketing certificates shall be at such level, not in excess of 90 per centum of the parity price therefor, as the Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains. (4) Price support shall be made available only to cooperators; and, if a commercial wheat-producing area is established for such crop, price support shall be made available only in the commercial wheat-producing area. (5) Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, the level of price support for any crop of wheat for which a national marketing quota is not proclaimed or for which marketing quotas have been disapproved by producers shall be as provided in section 101. (6) A 'cooperator' with respect to any crop of wheat produced on a farm shall be a producer who (1) does not knowingly exceed (A) the farm acreage allotment for into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains: Provided, That in no event shall such level be in excess of the parity price for wheat or less than $1.25 per bushel. (b) If a set-aside program is in effect for any crop of wheat under section 379b (c) of the Agricultural Adjustment Act of 1938, as amended, certificates, loans and purchases shall be made available on such crop only to producers who comply with the provisions of such program. (7 U.S.C. 1445a.) TITLE II-DESIGNATED NONBASIC AGRICULTURAL COMMODITIES SEC. 201.21 The Secretary is authorized and directed to make available (without regard to the provisions of title III) price support to producers for 22 tung nuts, honey,23 and milk as follows: (a) ***22 (b) The price of tung nuts and honey,23 respectively, 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: Provided, That in any 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; 24 wheat on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment for wheat on any other farm on which the producer shares in the production of wheat, and (ii) complies with the land-use requirements of section 339 of the Agricultural Adjustment Act of 1938, as amended, to the extent prescribed by the Secretary. Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, if marketing quotas are not in effect for the crop of wheat, a 'cooperator' with respect to any crop of wheat produced on a farm shall be a producer who does not knowingly exceed the farm acreage allotment for wheat. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty, but the producer shall not be eligible to receive price support on such marketing excess. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 335. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to the provisions of section 379c (b), but the producer shall not be eligible to receive price support on the wheat so stored." (7 U.S.C. 1445a.) The text of the 1966-1970 version of section 107, cited above, may be found at pp. 161-162, Agriculture Handbook No. 361. Sec. 202 of the Agricultural Act of 1970, 84 Stat. 1361, amended the first sentence of Sec. 201 to read as quoted above effective only with respect to the period beginning April 1, 1971, and ending March 81, 1974. Effective before and after this three year period, the first sentence of Sec. 201 reads as follows: "Sec. 201. The Secretary is authorized and directed to make available (without regard to the provisions of title III) price support to producers for tung nuts, honey, milk, butterfat, and the products of milk and butterfat as follows:" Section 709 of the Agricultural Act of 1954, 68 Stat. 899 (p. 198) deleted the reference to wool in the first sentence and repealed subsection (a), which provided for price support on wool, effective April 1, 1955. Beginning on that date, price support on wool has been made available under Title VII-National Wool Act of 1954 of the Agricultural Act of 1954 (p. 95). 23 Section 203 of the Agricultural Act of 1954, 68 Stat. 899, deleted references to potatoes in the first sentence and in subsection (b) and repealed section 5 of the Act of March 31, 1950, which prohibited price support on Irish potatoes unless marketing quotas were in effect. 24 Proviso added by section 503 of the Agricultural Act of 1958, 72 Stat. 996. 494-294-73—13 (c) 25 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. Such price support shall be provided through purchases of milk and the products of milk. (7 U.S.C. 1446.) TRANSFER OF DAIRY PRODUCTS TO MILITARY AND VETERANS HOSPITALS SEC. 202. [This section appears on p. 236 in the section entitled "Donations."] SEC. 203. *** 26 TITLE III-OTHER NONBASIC AGRICULTURAL COMMODITIES SEC. 301. The Secretary is authorized to make available through loans, purchases, or other operations price support to producers for any nonbasic commodity not designated in title II at a level not in excess of 90 per centum of the parity price for the commodity (7 U.S.C. 1447.) SEC. 302. Without restricting price support to those commodities for which a marketing quota or marketing agreement or order program is in effect, price support shall, insofar as feasible, be made available to producers of any storable nonbasic agricultural commodity for which such a program is in effect and who are complying with such program. The level of such support shall not be in excess of 90 per centum of the parity price of such commodity nor less than the level provided in the following table: 25 Sec. 202 of the Agricultural Act of 1970, 84 Stat. 1361, amended paragraph (c) to read as quoted above effective only with respect to the period beginning April 1, 1971, and ending March 31, 1974. Effective before and after this three year period, paragraph (c) reads as follows: "(c) The price of whole milk, butterfat, and the products of such commodities, respectively, shall be supported at such levels 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. Notwithstanding the foregoing provisions, for the period beginning with the enactment of this sentence and ending March 31, 1961, 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. Such price support shall be provided through loans on, or purchases of, milk and the products of milk and butterfat, and for the period ending March 31, 1956, surplus stocks of dairy products owned by the Commodity Credit Corporation may be disposed of by any methods determined necessary by the Secretary. For the period beginning September 1, 1954, and ending June 30, 1955, not to exceed $50,000,000, and for the fiscal year ending June 30, 1956, not to exceed $60,000,000, and for each of the two fiscal years in the period beginning July 1, 1956, and ending June 30, 1958, not to exceed $75,000,000, of the funds of the Commodity Credit Corporation shall be used to increase the consumption of fluid milk by children in (1) nonprofit schools of high-school grade and under; and in (2) nonprofit nursery schools, child-care centers, settlement houses, summer camps, and similar nonprofit institutions devoted to the care and training of children.' (See Sec. 204 (b) of the Agricultural Act of 1954, 68 Stat. 899, as amended by the Act of July 20, 1956, 70 Stat. 596, and the Act of September 16, 1960, 74 Stat. 1054; 7 U.S.C. 1446(c).) 26 Sec. 608 of the Agricultural Act of 1970, 84 Stat. 1378, rendered section 203 inapplicable to the 1971, 1972, and 1973 crops. It has not been repealed, however, and will once more take effect with the 1974 crop. Section 203, as added by section 601 of the Agricultural Act of 1956, 70 Stat. 212, reads as follows: "Sec. 203. Whenever the price of either cottonseed or soybeans is supported under this Act, the price of the other shall be supported at such level as the Secretary determines will cause them to compete on equal terms on the market." (7 U.S.C. 1446d.) If the supply percentage as of the beginning of the marketing year is: The level of support shall be not less than the following percentage of the parity price: 90 Not more than 102_ More than 102 but not more than 104_ 89 88 87 86 85 81 79 78 77 76 75 Provided, That the level of price support may be less than the minimum level provided in the foregoing table if the Secretary, after examination of the availability of funds for mandatory price support programs and consideration of the other factors specified in section 401 (b), determines that such lower level is desirable and proper. (7 U.S.C. 1448.) SEC. 303. In determining the level of price support for any nonbasic agricultural commodity under this title, particular consideration shall be given to the levels at which the prices of competing agricultural commodities are being supported. (7 Ü.S.C. 1449.) TITLE IV-MISCELLANEOUS SUPPORT THROUGH CCC SEC. 401. (a) The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him. (7 U.S.C. 1421 (a).) FACTORS (b) Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a pricesupport operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand, and (9),27 in the case of upland cotton, changes in the cost of producing such cotton. (7 U.S.C. 1421 (b).) COMPLIANCE WITH ACREAGE ALLOTMENTS, GOALS AND MARKETING PRACTICES (c) 28 Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In administering any program for diverted acres the Secretary may make his regulations applicable on an appropriate geographical basis. Such regulations shall be administered (1) in semiarid or other areas where good husbandry requires maintenance of a prudent feed reserve in such manner as to permit, to the extent so required by good husbandry, the production of forage crops for storage and subsequent use either on the farm or in feeding operations of the farm operator, and (2) in areas declared to be disaster areas by the President under Public Law 875,28 Eighty-first Congress, in such manner as will most quickly restore the normal pattern of their agriculture. (7 U.S.C. 1421 (c).) DETERMINATION OF SUPPORT LEVEL (d) The level of price support for any commodity shall be determined upon the basis of its parity price as of the beginning of the marketing year or season in the case of any commodity marketed on a marketing year or season basis and as of January 1 in the case of any other commodity. (7 U.S.C. 1421 (d).) PROCESSOR PROGRAMS (e) 29 Whenever any price support or surplus removal operation for any agricultural commodity is carried out through purchases from or loans or payments to processors, the Secretary shall, to the extent practicable, obtain from the processors such assurances as he deems adequate that the producers of the agricultural commodity involved have received or will receive maximum benefits from the price support or surplus removal operation. (7 U.S.C. 1421 (e).) SUPPORT AT INCREASED LEVEL SEC. 402. Notwithstanding any other provisions of this Act, price support at a level in excess of the maximum level of price support 27 Clause (9) was added by the Act of April 11, 1964, 78 Stat. 175. 28 Language in subsection (c) after the first sentence was added by section 206 of the Agricultural Act of 1954. 68 Stat. 901. Pub. L. 875, 81st Cong., should be read as the Disaster Relief Act of 1970, 84 Stat. 1759, as therein provided, which repealed Pub. L. 81-875. Subsection (e) was added by section 207 of the Agricultural Act of 1954, 68 Stat. 901. |