Collapse to view only § 7281. Administration
- § 7281. Administration
- § 7282. Adjustments of loans
- § 7283. Commodity Credit Corporation interest rate
- § 7284. Personal liability of producers for deficiencies
- § 7285. Commodity Credit Corporation sales price restrictions
- § 7286. Commodity certificates
- § 7287. Commodity Credit Corporation storage payments
§ 7281. Administration
(a) Use of Commodity Credit Corporation
(b) Omitted
(c) Determinations by Secretary
(d) Regulations
Not later than 90 days after April 4, 1996, the Secretary and the Commodity Credit Corporation, as appropriate, shall issue such regulations as are necessary to implement this chapter. The issuance of the regulations shall be made without regard to—
(1) the notice and comment provisions of section 553 of title 5;
(2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly know 1
1 So in original. Probably should be “known”.
as the “Paperwork Reduction Act”).(Pub. L. 104–127, title I, § 161, Apr. 4, 1996, 110 Stat. 934.)
§ 7282. Adjustments of loans
(a) Adjustment authority
(b) Manner of adjustment
(c) Adjustment on county basis
(Pub. L. 104–127, title I, § 162, Apr. 4, 1996, 110 Stat. 935; Pub. L. 107–171, title I, § 1606, May 13, 2002, 116 Stat. 218.)
§ 7283. Commodity Credit Corporation interest rate
(a) In general
(b) Sugar
(Pub. L. 104–127, title I, § 163, Apr. 4, 1996, 110 Stat. 935; Pub. L. 107–171, title I, § 1401(c), May 13, 2002, 116 Stat. 187.)
§ 7284. Personal liability of producers for deficiencies
(a) In general
(b) Limitations
Subsection (a) shall not prevent the Commodity Credit Corporation or the Secretary from requiring a producer to assume liability for—
(1) a deficiency in the grade, quality, or quantity of a commodity stored on a farm or delivered by the producer;
(2) a failure to properly care for and preserve a commodity; or
(3) a failure or refusal to deliver a commodity in accordance with a program established under this chapter 1 title I of the Farm Security and Rural Investment Act of 2002 [7 U.S.C. 7901 et seq.], title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.], and title I of the Agricultural Act of 2014 [7 U.S.C. 9001 et seq.].
(c) Acquisition of collateral
(d) Sugarcane and sugar beets
(
§ 7285. Commodity Credit Corporation sales price restrictions
(a) General sales authority
(b) Nonapplication of sales price restrictions
Subsection (a) shall not apply to—
(1) a sale for a new or byproduct use;
(2) a sale of peanuts or oilseeds for the extraction of oil;
(3) a sale for seed or feed if the sale will not substantially impair any loan program;
(4) a sale of a commodity that has substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spoilage;
(5) a sale for the purpose of establishing a claim arising out of a contract or against a person who has committed fraud, misrepresentation, or other wrongful act with respect to the commodity;
(6) a sale for export, as determined by the Corporation; and
(7) a sale for other than a primary use.
(c) Presidential disaster areas
(1) In general
Notwithstanding subsection (a), on such terms and conditions as the Secretary may consider in the public interest, the Corporation may make available any commodity or product owned or controlled by the Corporation for use in relieving distress—
(A) in any area in the United States (including the Virgin Islands) declared by the President to be an acute distress area because of unemployment or other economic cause, if the President finds that the use will not displace or interfere with normal marketing of agricultural commodities; and
(B) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) Costs
Except on a reimbursable basis, the Corporation shall not bear any costs in connection with making a commodity available under paragraph (1) beyond the cost of the commodity to the Corporation incurred in—
(A) the storage of the commodity; and
(B) the handling and transportation costs in making delivery of the commodity to designated agencies at 1 or more central locations in each State or other area.
(d) Efficient operations
(Pub. L. 104–127, title I, § 165, Apr. 4, 1996, 110 Stat. 936.)
§ 7286. Commodity certificates
(a) In general
In making in-kind payments under subchapter III of this chapter, title I of the Farm Security and Rural Investment Act of 2002 [7 U.S.C. 7901 et seq.], title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.], and Subtitle 1
1 So in original. Probably should not be capitalized.
B of title I of the Agricultural Act of 2014 [7 U.S.C. 9031 et seq.], the Commodity Credit Corporation may—(1) acquire and use commodities that have been pledged to the Commodity Credit Corporation as collateral for loans made by the Corporation;
(2) use other commodities owned by the Commodity Credit Corporation; and
(3) redeem negotiable marketing certificates for cash under terms and conditions established by the Secretary.
(b) Methods of payment
The Commodity Credit Corporation may make in-kind payments—
(1) by delivery of the commodity at a warehouse or other similar facility;
(2) by the transfer of negotiable warehouse receipts;
(3) by the issuance of negotiable certificates, which the Commodity Credit Corporation shall exchange for a commodity owned or controlled by the Corporation in accordance with regulations promulgated by the Corporation; or
(4) by such other methods as the Commodity Credit Corporation determines appropriate to promote the efficient, equitable, and expeditious receipt of the in-kind payments so that a person receiving the payments receives the same total return as if the payments had been made in cash.
(c) Administration
(1) Form
(2) Transfer
(3) Application of authority
(Pub. L. 104–127, title I, § 166, as added Pub. L. 106–78, title VIII, § 812, Oct. 22, 1999, 113 Stat. 1181; amended Pub. L. 107–171, title I, § 1608, May 13, 2002, 116 Stat. 218; Pub. L. 110–234, title I, § 1607, May 22, 2008, 122 Stat. 1018; Pub. L. 110–246, § 4(a), title I, § 1607, June 18, 2008, 122 Stat. 1664, 1746, Pub. L. 114–113, div. A, title VII, § 740, Dec. 18, 2015, 129 Stat. 2281.)
§ 7287. Commodity Credit Corporation storage payments
(a) Initial crop years
Notwithstanding any other provision of law, for each of the 2008 through 2011 crop years, the Commodity Credit Corporation shall establish rates for the storage of forfeited sugar in an amount that is not less than—
(1) in the case of refined sugar, 15 cents per hundredweight of refined sugar per month; and
(2) in the case of raw cane sugar, 10 cents per hundredweight of raw cane sugar per month.
(b) Subsequent crop years
(Pub. L. 104–127, title I, § 167, as added Pub. L. 110–234, title I, § 1405, May 22, 2008, 122 Stat. 990, and Pub. L. 110–246, § 4(a), title I, § 1405, June 18, 2008, 122 Stat. 1664, 1718.)