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Subsec. (b) (3) (B). Act Oct. 31, 1949, § 415(e), repealed amendatory provisions of act July 3, 1948, ch. 827, title II, § 201(c), 62 Stat. 1250.

Subsec. (b) (3) (B). Act Aug. 29, 1949, § 2(a) (1), changed the definition of "carry-over" of cotton by excluding United States cotton on hand outside the United States.

Subsec. (b) (9). Act Oct. 31, 1949, § 418 (c), included the normal production of rice.

Subsec. (b) (10) (A). Act Oct. 31, 1949, § 409 (d), increased from 7 per centum to 10 per centum the carryover allowance for corn.

Act Aug. 29, 1949, § 2(a) (2), made the provision inapplicable to cotton.

Subsec. (b) (10) (C). Act Aug. 29, 1949, § 2(a) (2), added subsec. (b) (10) (C) which was also reenacted by act Oct. 31, 1949, § 415(c).

Subsec. (b) (16) (A). Act Oct. 31, 1949, § 415(d), deleted "cotton".

Act Aug. 29, 1949, § 2(a) (3), made the provision inapplicable to cotton.

Subsec. (b) (16) (C). Act Aug. 29, 1949, § 2(a) (3), added subsec. (b) (16) (C), which was also reenacted by act Oct. 31, 1949, § 415(d).

1948 Subsec. (a). Act July 3, 1948, § 201(a), struck out paragraphs (1) and (2) and inserted new paragraphs (1) and (2) to change the method of computing parity prices to give recognition to changes in relationships among the prices of agricultural commodities themselves which have occurred since the base period 1910-1914, and redefined "parity."

Subsec. (b) (3) (A). Act July 3, 1948, § 201(b), redefined "carry-over" in the case of corn, rice and peanuts.

Subsec. (b) (3) (B). Act July 3, 1948, § 201 (c), redefined "carry-over" in the case of cotton.

Subsec. (b) (10). Act July 3, 1948, §201(d), redefined "normal supply".

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Subsec. (b) (13) (E). Act July 9, 1942, § 1(5), deleted "or" after "wheat" and before "cotton" wherever it appeared and inserted "or peanuts" after "cotton" wherever it appeared and added after first sentence a new sentence reading "For 1942 * * * in the country".

1941-Subsec. (b)(1)(B). Act April 3, 1941, § 2, inserted "or peanuts" after "cotton".

Subsec. (b) (6) (C). Act Apr. 3, 1941, § 3, added subsec. (b) (6) (C).

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1940 Subsec. (a)(1). Act Nov. 22, 1940, § 3, added "and in the case of * prior to September 1, 1940" in the last sentence after "July 29, 1929." Subsec. (b) (3) (C). Act June 13, 1940, inserted exception.

Former subsecs. (b) (6) (C) and (b) (6) (D) were omitted in amendment to subsec. (b) (6) by act July 2, 1940. Subsec. (b) (13) (A). Act July 2, 1940, § 4, among other changes added "or wheat" after "corn" wherever it appeared and substituted "county" for "farm" wherever it appeared.

Subsec. (b) (13) (B). Act July 2, 1940, § 5, among other changes added "or wheat" before "cotton" and deleted "and, in the * * * of wheat, and "after" weather conditions".

Subsec. (b) (13) (E). Act Nov. 25, 1940, struck out in the first sentence "with respect to such manual yield *** under this title" and substituted "in which such normal yield is determined" in lieu thereof.

Subsec. (b) (15). Act Nov. 22, 1940, §§ 1, 4, among other changes struck out "Fire-cured and dark air cured tobacco 22, 23, 35, 36, and 37" and substituted "Fire-cured tobacco. comprising types 35 and 36" and added a proviso at the end of the last sentence thereof.

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EFFECTIVE DATE OF 1965 AMENDMENT Section 511(a) of Pub. L. 89-321, which amended subsec. (b) (9) of this section, provided in part that the amendment is effective beginning with the crop planted for harvest in 1966.

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EFFECTIVE DATE OF 1962 AMENDMENT

Section 323 of Pub. L. 87-703 provided that: "The amendments to the Agricultural Adjustment Act of 1938, as amended, and to Public Law 74, Seventh-seventh Congress, as amended, made by sections 310 through 322 of this Act [enacting sections 1334b and 1339 of this title, amending this section and sections 1331-1336, 1340, 1371 and 1385 of this title, and repealing section 1337 of this title] shall be in effect only with respect to programs applicable to the crops planted for harvest in the calendar year 1964 or any subsequent year and the marketing years beginning in the calendar year 1964, or any subsequent year."

EFFECTIVE DATE OF 1949 AMENDMENTS

Section 415(a), (b) of act Oct. 31, 1949, provided that: "(a) Except as modified by this Act [sections 612 (c), 1301 (a) (1) (B), (C), (G), (b) (1) (B), (b) (3) (B), (b) (9), (b) (10) (A), (C), (b) (16) (A), (C), 1302, former section 1322(a), sections 1328, 1343, 1344 (f) (3), 1345, 1353-1356, 1421-1446a, 1446d, 1447-1449, and 1461-1468 of this title, sections 1134c and 1134j of Title 12, Banks and Banking, section 713a-4 of Title 15, Commerce and Trade, former section 1426 of Title 26, Internal Revenue Code, 1939, now covered by section 3121 of Title 26, Internal Revenue Code, 1954, and section 410 of Title 42, The Public Health and Welfare] or by Public Law 272 [sections 1301 (b) (3) (B), (b) (10) (A), (b) (10) (C), (a) (16) (A), (b) (16) (C), former section 1301b, sections 1330(9), 1340 (9), 1342-1348, 1358 (c), 1362, and 1374 (a), (b) of this title], Eighty-first Congress, sections 201(b), 201(d), 201(e), 203, 207(a), and 208 of the Agricultural Act of 1948 [sections 1301 (b) (3) (A), (b) (10), (b) (16), 1312(a), former section 1322 (a), and section 1328 of this title] shall be effective for the purpose of taking any action with respect to the 1950 and subsequent crops upon the enactment of this Act [Oct. 31, 1949]. If the time within which any such action is required to be taken shall have elapsed prior to the enactment of this Act [Oct. 31, 1949], such action shall be taken within thirty days after the enactment of the Act [Oct. 31, 1949].

"(b) No provision of the Agricultural Act of 1948 shall be deemed to supersede any provision of Public Law 272, Eighty-first Congress."

EFFECTIVE DATE OF 1948 AMENDMENTS

Section 303 of act July 3, 1948, provided that the amendments to this section and sections 602, 608c, 612c, 672, 1301a, 1302, 1312, former section 1322, sections 1328, 1333, 1335, 1336, 1343, 1345 1355, 1381, and 1385 of this title and the repeal of sections 608e and 1322a, effected by said act July 3, 1948, shall be effective Jan. 1, 1950.

SHORT TITLE

Section 1 of Pub. L. 88-297 provided: "That this Act [which enacted sections 1348-1350, amended sections 1301, 1334, 1336, 1339, 1344, 1376, 1377, 1379b, 1379c, 1379d, 1385, 1421, 1427, 1444, 1445a, enacted provisions set out as notes under sections 1332 and 1379b, and amended provisions set out as a note under section 1441 of this title] may be cited as the 'Agricultural Act of 1964'."

Congress in enacting act July 3, 1948, which is classified to sections 602, 608c, 612c, 624, 672, 1282 note, 1301a, former section 1302, sections 1312, 1328, 1333, 1335, 1336, 1355, 1359, former section 1381, and section 1385 of this title, section 713a-8 note of Title 15, Commerce and Trade, and section 590h of Title 16, Conservation, provided by provisions preceding section 1 of said act July 3, 1948, that said sections should be popularly known as the "Agricultural Act of 1948".

TRANSFER OF FUNCTIONS

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

Administration of program of the Federal Crop Insurance Corporation was transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees. See note under section 1503 of this title.

STUDY OF METHODS OF IMPROVING PARITY FORMULA Section 602 of act May 28, 1956, required the Secretary to make & thorough study of possible methods of improving the parity formula and report thereon, with specific recommendations, including drafts of necessary legislation to carry out such recommendations, to Congress not later than January 31, 1957. TOBACCO DEFINITION UNAFFECTED BY ACREAGE-POUNDAGE MARKETING QUOTAS AND PRICE SUPPORT PROVISIONS Authority or responsibility of Secretary of Agriculture under subsec. (b) (15) of this section with respect to treatment of different types of tobacco as different kinds of tobacco unaffected by acreage-poundage quotas and price support provisions, see note set out under section 1314c of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 602, 1111, 1301a, 1330, 1445, 1782 of this title; title 43 sections 615p, 615nn, 615qq. 616ll, 616vv-4, 616fff-6, 616rrr, 616www, 616rrrr, 616xxxx, 620c, 1524.

§ 1301a. References to parity prices, etc., in other laws after January 1, 1950.

All references in other laws to(1) parity,

(2) parity prices,

(3) prices comparable to parity prices, or (4) prices to be determined in the same manner as provided by this chapter prior to January 1, 1950 for the determination of parity prices, with respect to prices for agricultural commodities and products thereof, shall after January 1, 1950 be deemed to refer to parity prices as determined in accordance with the provisions of section 1301 (a) (1) of this title. (July 3, 1948, ch. 827, title III, § 302 (f), 62 Stat. 1258.)

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Section 108 of Pub. L. 85-835 provided in part that the repeal of this section shall become effective with the 1961 crop.

§ 1302. Repealed. Oct. 31, 1949, ch. 792, title IV, § 414, 63 Stat. 1057.

Section, acts Feb. 16, 1938, ch. 30, title III, § 302, 52 Stat. 43; June 21, 1938, ch. 554, title V, § 502, 52 Stat. 820; July 3, 1948, ch. 827, title II, § 202 (a), 62 Stat. 1252, related to price support of agricultural commodities.

§ 1303. Parity payments.

If and when appropriations are made therefor, the Secretary is authorized and directed to make payments to producers of corn, wheat, cotton, rice, or tobacco, on their normal production of such commodities in amounts which, together with the proceeds thereof, will provide a return to such producers which is as nearly equal to parity price as the funds so made available will permit. All funds available for such payments with respect to these

commodities shall unless otherwise provided by law, be apportioned to these commodities in proportion to the amount by which each fails to reach the parity income. Such payments shall be in addition to and not in substitution for any other payments authorized by law. (Feb. 16, 1938, ch. 30, title III, § 303, 52 Stat. 45.)

CROSS REFERENCES

Delegation of regulatory functions of Secretary of Agriculture, see section 450c et seq. of this title.

Rental or benefit payments, see section 608 of this title.

§ 1304. Consumer safeguards.

The powers conferred under this chapter shall not be used to discourage the production of supplies of foods and fibers sufficient to maintain normal domestic human consumption as determined by the Secretary from the records of domestic human consumption in the years 1920 to 1929, inclusive, taking into consideration increased population quantities of any commodity that were forced into domestic consumption by decline in exports during such period, current trends in domestic consumption and exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities. In carrying out the purposes of this chapter it shall be the duty of the Secretary to give due regard to the maintenance of a continuous and stable supply of agricultural commodities from domestic production adequate to meet consumer demand at prices fair to both producers and consumers. (Feb. 16, 1938, ch. 30, title III, § 304, 52 Stat. 45.)

§ 1305. Transfer of acreage allotments or feed grain bases on public lands upon request of State agencies.

Notwithstanding any other provision of law, the Secretary, upon the request of any agency of any State charged with the administration of the public lands of the State, many permit the transfer of acreage allotments or feed grain bases together with relevant production histories which have been determined pursuant to this chapter, or section 590p of Title 16, or the Agricultural Act of 1949, as amended, from any farm composed of public lands to any other farm or farms in the same county composed of public lands: Provided, That as a condition for the transfer of any allotment or base an acreage equal to or greater than the allotment or base transferred prior to adjustment, if any, shall be devoted to and maintained in permanent vegetative cover on the farm from which the transfer is made. The Secretary shall prescribe regulations which he deems necessary for the administration of this section, which may provide for adjusting downward the size of the allotment or base transferred if the farm to which the allotment or base is transferred normally has a higher yield per acre for the commodity for which the allotment or base is determined, for reasonable limitations on the size of the resulting allotments and bases on farms to which transfers are made, taking into account the size of the allotments and bases on farms of similar size in the community, and for retransferring allotments or bases and relevant histories if the conditions of the transfers are not fulfilled. The term "acreage allotments" as used in this section includes the farm base acreage allot

ments for upland cotton. The term "acreage allotments" as used in this section includes the domestic allotment for wheat. (Pub. L. 89-321, title VII, § 706, Nov. 3, 1965, 79 Stat. 1210; Pub. L. 91-524, title IV, § 405, title VI, § 606, Nov. 30, 1970, 84 Stat. 1366, 1378.)

REFERENCES IN TEXT

The Agricultural Act of 1949, as amended, referred to in text, is Act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to section 1421 et seq. of this title.

CODIFICATION

Section was enacted as part of the Food and Agriculture Act of 1965 and not as part of the Agricultural Adjustment Act of 1938, which comprises this chapter.

AMENDMENTS

1970-Pub. L. 91-524 inserted reference to the Agricultural Act of 1949, as amended, and provided that the term "acreage allotments" includes the farm base acreage allotments for upland cotton and the domestic allotment for wheat.

EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT

Sections 405 and 606 of Pub. L. 91-524 provided in part that the amendment by Pub. L. 91-524 is effective only with respect to the 1971, 1972, and 1973 crops of wheat. SHORT TITLE OF 1970 AMENDMENT

Section 1 of Pub. L. 91-524 provided: "That this Act [enacting sections 1307, 1334a-1, 1339d, 1342a, 1350a, 1930, and 2119 of this title, section 590q-2 of Title 16, Conservation, and section 3122 of Title 42, The Public Health and Welfare, amending this section and sections 450j, 4501, 608c, 1344b, 1350, 1359 note, 1378, 1379, 1379b, 1379c, 1379d, 1379e, 1385, 1427, 1428, 1441 note, 1444, 1445a, 1446, 1446a, 1704, 1736c, 1782, and 1926 of this title, and section 590p of Title 16, and enacting provisions set out as notes under this section and sections 135b, 608c, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1338, 1339, 1342, 1343, 1344, 1344b, 1345, 1346, 1377, 1379c, and 1446d of this title] may be cited as the 'Agricultural Act of 1970'."

§ 1306. Projected yields; determination; base period. Notwithstanding any other provision of law, in the determination of farm yields the Secretary may use projected yields in lieu of normal yields. In the determination of such yields the Secretary shall take into account the actual yield proved by the producer for the base period used in determining the projected yield, and the projected yield shall not be less than such actual yield proved by the producer. (Pub. L. 89-321, title VII, § 708, Nov. 3, 1965, 79 Stat. 1211.)

CODIFICATION

Section was enacted as part of the Food and Agriculture Act of 1965 and not as part of the Agricultural Adjustment Act of 1938, which comprises this chapter.

§ 1307. Limitation on payments under wheat, feed grains, and cotton programs for 1971, 1972, and 1973 crops.

Notwithstanding any other provision of law(1) The total amount of payments which a person shall be entitled to receive under each of the annual programs established by titles IV, V, and VI of this Act for the 1971, 1972, or 1973 crop of the commodity shall not exceed $55,000.

(2) The term "payments" as used in this section includes price-support payments, set-aside payments, diversion payments, public access payments, and marketing certificates, but does not include loans or purchases.

(3) If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop

will be reduced under this section, the set-aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction.

(4) The Secretary shall issue regulations defining the term "person" and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. (Pub. L. 91-524, title I, § 101, Nov. 30, 1970, 84 Stat. 1358.)

REFERENCES IN TEXT

Title IV of this Act, referred to in par. (1), is Title IV of the Agricultural Act of 1970, Pub. L. 91-524, which enacted section 1334a-1 of this title, amended sections 1305, 1378, 1379, 1379b, 1379c, 1379d, 1379e, 1385, 1427, 1428, and 1445a of this title, and enacted provisions set out as notes under sections 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1338, 1339, and 1379c of this title.

Title V of this Act, referred to in par. (1), is Title V of the Agricultural Act of 1970, Pub. L. 91-524, which amended provisions set out as a note under section 1441 of this title.

Title VI of this Act, referred to in par. (1), is Title VI of the Agricultural Act of 1970, Pub. L. 91-524, which enacted sections 1342a, 1350a, and 2119 of this title, amended sections 1305, 1344b, 1350, 1378, 1379, 1385, 1427, 1428, and 1444 of this title, and enacted provisions set out as notes under sections 1342, 1343, 1344, 1344b, 1345, 1346, 1377, and 1446 of this title.

This Act, referred to in par. (4), is the Agricultural Act of 1970, Pub. L. 91-524, Nov. 30, 1970, 84 Stat. 1358. For distribution of that Act, see Short Title of 1970 Amendment note under section 1305 of this title.

CODIFICATION

Section was enacted as part of the Agricultural Act of 1970 and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.

B. MARKETING QUOTAS

PART 1-MARKETING QUOTAS-TOBACCO

§ 1311. Legislative findings.

(a) The marketing of tobacco constitutes one of the great basic industries of the United States with ramifying activities which directly affect interstate and foreign commerce at every point, and stable conditions therein are necessary to the general welfare. Tobacco produced for market is sold on a Nation-wide market and, with its products, moves almost wholly in interstate and foreign commerce from the producer to the ultimate consumer. The farmers producing such commodity are subject in their operations to uncontrollable natural causes, are widely scattered throughout the Nation, in many cases such farmers carry on their farming operations on borrowed money or leased lands, and are not so situated as to be able to organize effectively, as can labor and industry through unions and corporations enjoying Government protection and sanction. For these reasons among others, the farmers are unable without Federal assistance to control effectively the orderly marketing of such commodity

with the result that abnormally excessive supplies thereof are produced and dumped indiscriminately on the Nation-wide market.

(b) The disorderly marketing of such abnormally excessive supplies affects, burdens, and obstructs interstate and foreign commerce by (1) materially affecting the volume of such commodity marketed therein, (2) disrupting the orderly marketing of such commodity therein, (3) reducing the price for such commodity with consequent injury and destruction of interstate and foreign commerce in such commodity, and (4) causing a disparity between the prices for such commodity in interstate and foreign commerce and industrial products therein, with a consequent diminution of the volume of interstate and foreign commerce in industrial products.

(c) Whenever an abnormally excessive supply of tobacco exists, the marketing of such commodity by the producers thereof directly and substantially affects interstate and foreign commerce in such commodity and its products, and the operation of the provisions of this part becomes necessary and appropriate in order to promote, foster, and maintain an orderly flow of such supply in interstate and foreign commerce. (Feb. 16, 1938, ch. 30, title III, § 311, 52 Stat. 45.)

§ 1312. National marketing quota. (a) Proclamation of quota.

The Secretary shall, not later than December 1 of any marketing year with respect to flue-cured tobacco, and February 1 of any marketing year with respect to other kinds of tobacco, proclaim a national marketing quota for any kind of tobacco for each of the next three succeeding marketing years whenever he determines with respect to such kind of tobacco

(1) that a national marketing quota has not previously been proclaimed and the total supply as of the beginning of such marketing year exceeds the reserve supply level therefor;

(2) that such marketing year is the last year of three consecutive years for which marketing quotas previously proclaimed will be in effect;

(3) that amendments have been made in provisions for establishing farm acreage allotments which will cause material revision of such allotments before the end of the period for which quotas are in effect; or

(4) that a marketing quota previously proclaimed for such marketing year is not in effect because of disapproval by producers in a referendum held pursuant to subsection (c): Provided, That if such producers have disapproved national marketing quotas in referenda held in three successive years subsequent to 1952, thereafter a national marketing quota shall not be proclaimed hereunder which would be in effect for any marketing year within the three-year period for which national marketing quotas previously proclaimed were disapproved by producers in a referendum, unless prior to November 10 of the marketing year one-fourth or more of the farmers engaged in the production of the crop of tobacco harvested in the calendar year in which such marketing year begins petition the Secretary, in accordance with such regulations as he may pre

scribe, to proclaim a national marketing quota for each of the next three succeeding marketing years.

(b) Announcement of amount of quota.

The Secretary shall also determine and announce, not later than the first day of December with respect to flue-cured tobacco and not later than the first day of February with respect to other kinds of tobacco, the amount of the national marketing quota proclaimed pursuant to subsection (a) of this section which is in effect for the next marketing year in terms of the total quantity of tobacco which may be marketed which will make available during such marketing year a supply of tobacco equal to the reserve supply level. The amount of the national marketing quota so announced may, not later than the following March 1, be increased by not more than 20 per centum if the Secretary determines that such increase is necessary in order to meet market demands or to avoid undue restrictions of marketings in adjusting the total supply to the reserve supply level.

(c) Referendum on quotas.

Within thirty days after the proclamation of national marketing quotas under subsection (a) of this section, the Secretary shall conduct a referendum of farmers engaged in the production of the crop of tobacco harvested immediately prior to the holding of the referendum to determine whether such farmers are in favor of or opposed to such quotas for the next three succeeding marketing years. If more than one-third of the farmers voting oppose the national marketing quotas, such results shall be proclaimed by the Secretary and the national marketing quotas so proclaimed shall not be in effect but such results shall in no wise affect or limit the subsequent proclamation and submission to a referendum, as otherwise provided in this section, of a national marketing quota. (Feb. 16, 1938, ch. 30, title III, § 312, 52 Stat. 46; Mar. 26, 1938, ch. 54, 52 Stat. 120; Aug. 7, 1939, ch. 562, 563, 53 Stat. 1261; June 13, 1940, ch. 360, §§ 2, 3, 54 Stat. 392; Nov. 22, 1940, ch. 914, §§ 2, 5, 54 Stat. 1209, 1210; Feb. 28, 1942, ch. 123, 56 Stat. 121; July 3, 1948, ch. 827, title II, § 208, 62 Stat. 1257; Aug. 9, 1955, ch. 639, 69 Stat. 557; June 22, 1956, ch. 427, 70 Stat. 330.)

AMENDMENTS

1956 Subsec. (a). Act June 22, 1956, inserted following the words "December 1 of any marketing year" the language "with respect to flue-cured tobacco, and February 1 of any marketing year with respect to other kinds

of tobacco".

Subsec. (b). Act June 22, 1956, substituted the language "not later than the first day of December with respect to flue-cured tobacco and not later than the first day of February with respect to other kinds of tobacco" for the words "prior to the first day of December".

1955 Subsec. (a). Act Aug. 9, 1955, restated and amended provisions generally to provide that quotas shall not be proclaimed oftener than once every 3 years for any kind of tobacco for which producers have disapproved marketing quotas in 3 successive years subsequent to 1952 (unless at least one-fourth of the producers of such tobacco petition the Secretary to proclaim quotas).

Subsec. (b). Act Aug. 9, 1955, amended and substituted former provisions of subsec. (a) as to announcement of quota for former provisions of this subsec. as to referendum on quotas.

Subsec. (c). Act Aug. 9, 1955, provided that referendum on quotas which formerly appeared in subsec. (b) should be determinative for the next three succeeding years, rather than each succeeding year, and eliminated provisions as to submission of question of whether tobacco quotas would be favored for a period of three years. 1948 Subsec. (a). Act July 3, 1948, added proviso at the end of the first sentence.

1942-Subsec. (a). Act Feb. 28, 1942, substituted "the following March 1" for "December 31" in the last sentence thereof.

1940 Subsec. (a). Act June 13, 1940, substituted "20" for "10" in last sentence and added last clause.

Subsec. (b), formerly (c) as amended by act June 13, 1940, was redesignated "(b)" and amended by act Nov. 22, 1940, § 2, which also struck out former subsec. (b). Section 5 of said act Nov. 22, 1940, also amended this section "by striking out subsec. (b) thereof", apparently ignoring the changes effected by section 2 of the act. Former subsec. (c) was redesignated "(b)" and amended by act Nov. 22, 1940, § 2.

Former subsecs. (d)—(f) were struck out by act Nov. 22, 1940, § 2.

1939 Subsec. (a). Act Aug. 7, 1939, amended first sentence and added last sentence.

1938 Subsec. (f). Act Mar. 26, 1938, added subsec. (f).

EFFECTIVE DATE OF 1948 AMENDMENT Amendment of section by act July 3, 1948, effective Jan. 1, 1950, see note set out under section 1301 of this title.

EXTENSION OF TIME FOR PROCLAMATION OF MARKETING QUOTAS FOR THREE MARKETING YEARS BEGINNING OCT. 1, 1971

Pub. L. 91-641, Dec. 31, 1970, 84 Stat. 1879, provided: "That, notwithstanding any other provision of law, the Secretary of Agriculture may defer until March 1, 1971, any proclamation under section 312 of the Agricultural Adjustment Act of 1938, as amended [this section], with respect to national marketing quotas for burley tobacco for the three marketing years beginning October 1, 1971." FIRE-CURED, DARK AIR-CURED, AND VIRGINIA SUN-CURED TOBACCO; AMOUNT OF PRICE SUPPORT

Section 2 of Joint Res. July 28, 1945, ch. 330, 59 Stat. 506, as amended by Pub. L. 85-92, § 2, July 10, 1957, 71 Stat. 284, which authorized the Commodity Credit Corporation to make loans or other price support available beginning with the 1945 crop, was repealed by Pub. L. 86-389, § 2, Feb. 20, 1960, 74 Stat. 7. See section 1445 of this title.

1956 MARYLAND ALLOTMENTS

Joint Res. Mar. 2, 1956, ch. 80, 70 Stat. 35, provided for increase and redetermination of 1956 Maryland tobacco acreage allotments.

1956 FIRE-CURED AND DARK AIR-CURED TOBACCO
ALLOTMENTS

Joint Res. Mar. 2, 1956, ch. 79, 70 Stat. 34, provided for increase and redetermination of, 1956 fire-cured and dark air-cured tobacco acreage allotments.

1956 BURLEY ALLOTMENTS

Joint Res. Mar. 2, 1956, ch. 78, 70 Stat. 34, provided for increase and redetermination of 1956 acreage allotments of burley tobacco.

1955-1956 BURLEY TOBACCO QUOTA

Section 1 of act Mar. 31, 1955, ch. 21, 69 Stat. 23, provided for redetermination of the national marketing quota for burley tobacco for the 1955-1956 marketing year. QUOTAS FOR BURLEY AND FLUE-CURED TOBACCO FOR MARKETING YEARS 1944-45 THROUGH 1947-48

Joint Res. July 7, 1943, ch. 195, 57 Stat. 387, as amended by Joint Res. Mar. 31, 1944, ch. 149, 58 Stat. 136; act Feb. 19, 1946, ch. 31, § 1, 60 Stat. 21, provided for quotas for burley and flue-cured tobacco for marketing years 1944-45 through 1947-48. The second par. of section 1 of said act Feb. 19, 1946 provided that the amendment made by such section to Joint Res. July 7, 1943, should not apply to flue-cured tobacco for the 1946-47 marketing year.

PROCLAMATIONS AFFIRMED

Act. Apr. 7, 1938, ch. 107, § 19, 52 Stat. 205, provided that proclamations issued by the Secretary of Agriculture under sections 1312 (c), 1327, 1328 and 1345 of this title should be effective as provided in those sections, and no provision of any amendment made by that act should be construed as requiring any further action under sections 1312 (c) or 1347 of this title with respect to marketing years beginning in 1938.

CROSS REFERENCES

Delegation of regulatory functions of Secretary of Agriculture, see section 450c et seq. of this title. Referendum on orders regulating handling of commodities, see section 608c (19) of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1301, 1313, 1314c of this title.

§ 1313. Apportionment of national marketing quota. (a) Apportionment among States.

The national marketing quota for tobacco established pursuant to the provisions of section 1312 of this title, less the amount to be allotted under subsection (c) of this section, shall be apportioned by the Secretary among the several States on the basis of the total production of tobacco in each State during the five calendar years immediately preceding the calendar year in which the quota is proclaimed (plus, in applicable years, the normal production on the acreage diverted under previous agricultural adjustment and conservation programs), with such adjustments as are determined to be necessary to make correction for abnormal conditions of production, for small farms, and for trends in production, giving due consideration to seed bed and other plant diseases during such fiveyear period. Notwithstanding any other provision of this section and section 1312 of this title, except the provisions in subsection (g) of this section relating to reduction of allotments, for any of the three marketing years, 1941-1942 to 1943-1944, in which a national marketing quota is in effect for burley or flue-cured tobacco, such national marketing quota shall not be reduced below the 19401941 national marketing quota by more than 10 per centum and the farm-acreage allotments (other than allotments established in each year under subsection (g) of this section for farms on which no tobacco was produced in the last five years) shall be determined by increasing or decreasing the farmacreage allotments established in the last preceding year in which marketing quotas were in effect in the same ratio as such national marketing quota is increased or decreased above or below the last preceding national marketing quota: Provided, That in the case of flue-cured tobacco no allotment shall be decreased below the 1940 allotment if such allotment was two acres or less, and in the case of burley tobacco no allotment shall be decreased below the 1939 allotment if such allotment was one-half acre or less, or below the 1940 allotment if such allotment was over one-half acre and not over one acre: And provided further, That an additional acreage not in excess of 2 per centum of the total acreage allotted to all farms in each State in 1940 shall be allotted by the local committees, without regard to the ratio aforesaid, among farms in the State in accordance with regulations prescribed by the Secretary so as

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