US (United States) Code. Title 7. Chapter 42: Agricultural commodity set-aside

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Agriculture

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7 USC CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

.

-HEAD-

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

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Sec.

1741. Maximum and minimum quantities for set-aside; ''commodity

set-aside'' defined.

1742. Determination of commodity value for set-aside.

1743. Reduction of set-aside.

1744. Sale of commodities in set-aside; exemption from pricing

limitations.

1745. Computation of carryover.

1746. Records and accounts.

1747. Authorization of appropriations; determination of value of

transferred commodity.

1748. Annual reports by agricultural attacheAE1s.

(a) In general.

(b) Duties.

(c) Meeting.

1749. AttacheAE1 educational program.

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7 USC Sec. 1741 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

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Sec. 1741. Maximum and minimum quantities for set-aside;

''commodity set-aside'' defined

-STATUTE-

The Commodity Credit Corporation shall, as rapidly as the

Secretary of Agriculture shall determine to be practicable, set

aside within its inventories not more than the following maximum

quantities and not less than the following minimum quantities of

agricultural commodities or products thereof heretofore or

hereafter acquired by it from 1954 and prior years' crops and

production in connection with its price support operations:

---------------------------------------------------------------------

Commodity Maximum quantity Minimum quantity

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Wheat (bushels) 500,000,000 400,000,000

Upland cotton 4,000,000 3,000,000

(bales)

Cottonseed oil 500,000,000 0

(pounds)

Butter (pounds) 200,000,000 0

Nonfat dry milk 300,000,000 0

solids (pounds)

Cheese (pounds) 150,000,000 0

-------------------------------

Such quantities shall be known as the ''commodity set-aside''.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title I, Sec. 101, 68 Stat. 897.)

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SHORT TITLE

Act Aug. 28, 1954, enacting sections 397, 1446b and 1446c of this

title, this chapter, chapters 43 and 44 of this title, and section

590h-3 of Title 16, Conservation, and amending sections 602, 608c,

608e-1, 1301, 1326-1330, 1332, 1334-1335, 1340, 1344, 1371, 1374,

1421, 1428, 1441, 1446, 1446d of this title and sections 590h and

590o of Title 16, Conservation, is popularly known as the

''Agricultural Act of 1954''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1745 of this title.

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7 USC Sec. 1742 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

-HEAD-

Sec. 1742. Determination of commodity value for set-aside

-STATUTE-

Quantities of commodities shall not be included in the commodity

set-aside which have an aggregate value in excess of

$2,500,000,000. The value of the commodities placed in the

commodity set-aside, for the purpose of this section, shall be the

Corporation's investment in such commodities as of the date they

are included in the commodity set-aside, as determined by the

Secretary.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title I, Sec. 102, 68 Stat. 897.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1746 of this title.

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7 USC Sec. 1743 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

-HEAD-

Sec. 1743. Reduction of set-aside

-STATUTE-

(a) Such commodity set-aside shall be reduced by disposals made

in accordance with the directions of the President as follows:

(1) Donation, sale, or other disposition for disaster or other

relief purposes outside the United States pursuant to and subject

to the limitations of subchapter III of chapter 41 of this title;

(2) Sale or barter (including barter for strategic materials)

to develop new or expanded markets for American agricultural

commodities, including but not limited to disposition pursuant to

and subject to the limitations of subchapter II of chapter 41 of

this title;

(3) Donation to school-lunch programs;

(4) Transfer to the National Defense Stockpile established by

the Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98 et seq.), without reimbursement from funds appropriated for

the purposes of that Act;

(5) Donation, sale, or other disposition for research,

experimental, or educational purposes;

(6) Donation, sale, or other disposition for disaster relief

purposes in the United States or to meet any national emergency

declared by the President; and

(7) Sale for unrestricted use to meet a need for increased

supplies at not less than 105 per centum of the parity price in

the case of agricultural commodities and a price reflecting 105

per centum of the parity price of the agricultural commodity in

the case of products of agricultural commodities.

The President shall prescribe such terms and conditions for the

disposal of commodities in the commodity set-aside as he determines

will provide adequate safeguards against interference with normal

marketings of the supplies of such commodities outside the

commodity set-aside. Strategic materials acquired by the Commodity

Credit Corporation under paragraph (2) of this subsection shall be

transferred to the National Defense Stockpile established by the

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et

seq.), and the Commodity Credit Corporation shall be reimbursed for

the value of the commodities bartered for such strategic materials

from funds appropriated for purposes of that Act. For the purpose

of such reimbursement, the value of any commodity so bartered shall

be the lower of the domestic market price or the Commodity Credit

Corporation's investment therein as of the date of such barter, as

determined by the Secretary of Agriculture.

(b) The quantity of any commodity in the commodity set-aside

shall be reduced to the extent that the Commodity Credit

Corporation inventory of such commodity is reduced, by natural or

other cause beyond the control of the Corporation, below the

quantity then charged to the commodity set-aside.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title I, Sec. 103, 68 Stat. 897; Pub. L.

96-41, Sec. 3(a)(1), July 30, 1979, 93 Stat. 324.)

-REFTEXT-

REFERENCES IN TEXT

The Strategic and Critical Materials Stock Piling Act, referred

to in subsec. (a), is act June 7, 1939, ch. 190, as revised

generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319,

which is classified generally to subchapter III (Sec. 98 et seq.)

of chapter 5 of Title 50, War and National Defense. For complete

classification of this Act to the Code, see section 98 of Title 50

and Tables.

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AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-41 substituted ''the National

Defense Stockpile established by the Strategic and Critical

Materials Stock Piling Act (50 U.S.C. 98 et seq.)'' for ''the

national stockpile established pursuant to the Act of June 7, 1939,

as amended,'' in par. (4), and in the provisions following par. (7)

substituted ''the National Defense Stockpile established by the

Strategic and Critical Materials Stock Piling Act'' for ''the

national stockpile established pursuant to the Act of June 7, 1939,

as amended,'' and ''funds appropriated for the purposes of that

Act'' for ''funds appropriated pursuant to section 8 of such Act of

June 7, 1939''.

-EXEC-

EXECUTIVE ORDER NO. 10601

Ex. Ord. No. 10601, Mar. 21, 1955, 20 F.R. 1761, as amended by

Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,

Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27

F.R. 9683; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which

provided for administration of the commodity set-aside program, was

revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1744, 1747 of this title;

title 50 section 98c.

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7 USC Sec. 1744 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

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Sec. 1744. Sale of commodities in set-aside; exemption from pricing

limitations

-STATUTE-

(a) The Corporation shall have authority to sell, without regard

to section 1743(a)(7) of this title, any commodity covered by the

commodity set-aside for the purpose of rotating stocks or

consolidating inventories, any such sale to be offset by purchase

of the same commodity in a substantially equivalent quantity or of

a substantially equivalent value.

(b) Dispositions pursuant to this chapter shall not be subject to

the pricing limitations of section 1427 of this title.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title I, Sec. 104, 68 Stat. 898.)

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7 USC Sec. 1745 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

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Sec. 1745. Computation of carryover

-STATUTE-

The quantity of any commodity in the commodity set-aside or

transferred from the set-aside to the National Defense Stockpile

established by the Strategic and Critical Materials Stock Piling

Act (50 U.S.C. 98 et seq.) shall be excluded from the computation

of ''carryover'' for the purpose of determining the price support

level for such commodity under the Agricultural Act of 1949, as

amended (7 U.S.C. 1421 et seq.), and related legislation, but shall

be included in the computation of total supplies for purposes of

acreage allotments and marketing quotas under the Agricultural

Adjustment Act of 1938, as amended (7 U.S.C. 1281 et seq.), and

related legislation. Until such time as the commodity set-aside

has been completed, such quantity of the commodity as the Secretary

shall determine between the maximum and minimum quantities

specified in section 1741 of this title shall be excluded from the

computations of ''carryover'' for the purpose of determining the

price support level, but shall be included in the computation of

total supplies for purposes of acreage allotments and marketing

quotas, for the 1955 crop of the commodity, notwithstanding that

the quantity so excluded may not have been acquired by the

Corporation and included in the commodity set-aside.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title I, Sec. 105, 68 Stat. 898; Pub. L.

96-41, Sec. 3(a)(2), July 30, 1979, 93 Stat. 324.)

-REFTEXT-

REFERENCES IN TEXT

The Strategic and Critical Materials Stock Piling Act, referred

to in text, is act June 7, 1939, ch. 190, as revised generally by

Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which is

classified generally to subchapter III (Sec. 98 et seq.) of chapter

5 of Title 50, War and National Defense. For complete

classification of this Act to the Code, see section 98 of Title 50

and Tables.

The Agricultural Act of 1949, referred to in text, is act Oct.

31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified

principally to chapter 35A (Sec. 1421 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note under section 1421 of this title and Tables.

The Agricultural Adjustment Act of 1938, referred to in text, is

act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended, which is

classified principally to chapter 35 (Sec. 1281 et seq.) of this

title. For complete classification of this Act to the Code, see

section 1281 of this title and Tables.

-MISC2-

AMENDMENTS

1979 - Pub. L. 96-41 substituted ''the National Defense Stockpile

established by the Strategic and Critical Materials Stock Piling

Act (50 U.S.C. 98 et seq.)'' for ''the national stockpile

established pursuant to the act of June 7, 1939, as amended''.

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7 USC Sec. 1746 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

-HEAD-

Sec. 1746. Records and accounts

-STATUTE-

The Commodity Credit Corporation shall keep such records and

accounts as may be necessary to show, for each commodity set-aside,

the initial and current composition, value (in accordance with

section 1742 of this title), current investment, quantity disposed

of, method of disposition, and amounts received on disposition.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title I, Sec. 106, 68 Stat. 898.)

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7 USC Sec. 1747 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

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Sec. 1747. Authorization of appropriations; determination of value

of transferred commodity

-STATUTE-

In order to make payment to the Commodity Credit Corporation for

any commodities transferred to the national stockpile pursuant to

section 1743(a)(4) of this title, there are authorized to be

appropriated amounts equal to the value of any commodities so

transferred. The value of any commodity so transferred, for the

purpose of this section, shall be the lower of the domestic market

price or the Commodity Credit Corporation's investment therein as

of the date of transfer to the stockpile, as determined by the

Secretary of Agriculture

-SOURCE-

(Aug. 28, 1954, ch. 1041, title I, Sec. 107, 68 Stat. 898.)

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7 USC Sec. 1748 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

-HEAD-

Sec. 1748. Annual reports by agricultural attacheAE1s

-STATUTE-

(a) In general

The Secretary shall require appropriate officers and employees of

the Department of Agriculture, including those stationed in foreign

countries, to prepare and submit annually to the Secretary detailed

reports that -

(1) document the nature and extent of -

(A) programs in such countries that provide direct or

indirect government support for the export of agricultural

commodities and the products thereof;

(B) other trade practices that may impede the entry of United

States agricultural commodities and the products thereof into

such countries; and

(C) where practicable, the average prices and costs of

production in such countries for like commodities exported from

the United States to such countries; and

(2) identify opportunities for the export of United States

agricultural commodities and the products thereof to such

countries.

(b) Duties

The Secretary shall -

(1) annually compile the information contained in reports

prepared under subsection (a) of this section -

(A) on a country by country basis; and

(B) on a commodity by commodity basis for exports of United

States agricultural commodities, as determined appropriate by

the Secretary, the export of which is hampered by an unfair

trade practice. Where practicable, the report shall include a

comparison of the average prices and costs of production for

such commodities in the United States and in the importing

countries for the previous crop year;

(2) in consultation with the agricultural technical advisory

committees established under section 2155(c) of title 19, include

in the compilation a priority ranking of those trade barriers

identified in subsection (a) of this section by commodity group;

(3) include in the compilation a list of actions undertaken to

reduce or eliminate such trade barriers; and

(4) not later than January 15 of each year, make the

compilation available to Congress, the agricultural policy

advisory committee, and other interested parties.

(c) Meeting

The Secretary and the United States Trade Representative shall

convene a meeting, at least once each year, of the Agricultural

Policy Advisory Committee and the agricultural technical advisory

committees to develop specific recommendations for actions to be

taken by the Federal Government and private industry to -

(1) reduce or eliminate trade barriers or distortions

identified in the annual reports required to be submitted under

subsections (a) and (b) of this section; and

(2) expand United States agricultural export opportunities

identified in such annual reports.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title I, Sec. 108, as added Pub. L.

101-624, title XV, Sec. 1532, Nov. 28, 1990, 104 Stat. 3689;

amended Pub. L. 102-237, title III, Sec. 316-318, Dec. 13, 1991,

105 Stat. 1856, 1857; Pub. L. 104-127, title II, Sec. 272, Apr. 4,

1996, 110 Stat. 976.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1)(B). Pub. L. 104-127 struck out ''including

fruits, vegetables, legumes, popcorn and ducks'' after

''agricultural commodities''.

1991 - Pub. L. 102-237, Sec. 316, made technical amendment to

directory language of Pub. L. 101-624, Sec. 1532, which enacted

this section, resulting in no change in text.

Subsec. (b)(1)(B). Pub. L. 102-237, Sec. 317, substituted a

semicolon for period at end.

Subsec. (b)(4). Pub. L. 102-237, Sec. 318, struck out ''the trade

assistance office authorized under section 504 of the Agricultural

Trade Act of 1978 (as amended by section 201),'' after ''available

to Congress,''.

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7 USC Sec. 1749 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 42 - AGRICULTURAL COMMODITY SET-ASIDE

-HEAD-

Sec. 1749. AttacheAE1 educational program

-STATUTE-

The Administrator of the Foreign Agricultural Service shall

establish a program within the Service that directs attacheAE1s of

the Service who are reassigned from abroad to the United States,

and other personnel of the Service, to visit and consult with

producers and exporters of agricultural commodities and products

and State officials throughout the United States concerning various

methods to increase exports of United States agricultural

commodities and products.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title I, Sec. 109, as added Pub. L.

101-624, title XV, Sec. 1532, Nov. 28, 1990, 104 Stat. 3690;

amended Pub. L. 102-237, title III, Sec. 316, Dec. 13, 1991, 105

Stat. 1856.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-237, Sec. 316, made technical amendment to

directory language of Pub. L. 101-624, Sec. 1532, which enacted

this section, resulting in no change in text.

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