1 So in original. Probably should be “consumed”.
in the United States during the ten marketing years immediately preceding the marketing year in which such consumption is determined, adjusted for current trends in such consumption.
Editorial Notes
References in Text

The Emergency Price Control Act of 1942, referred to in subsec. (a)(1)(B), was act Jan. 30, 1942, ch. 26, 56 Stat. 23, which was classified to section 901 et seq. of the former Appendix to Title 50, War and National Defense, and which terminated June 30, 1947.

For effective date of the Agricultural Act of 1948, referred to in subsec. (a)(1)(E)(i), see Effective Date of 1948 Amendment note set out under section 624 of this title with reference to title I of said act, and Effective Date of 1948 Amendment note set out below with reference to titles II and III of said Act.

The Federal Crop Insurance Act, referred to in subsec. (span)(3)(C), (6)(A), is subtitle A of title V of act Fespan. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables.

The Agricultural Act of 1949, referred to in subsec. (d), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.

The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (d), is act June 7, 1939, ch. 190, as revised generally by Puspan. L. 96–41, § 2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (§ 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.

Amendments

2004—Subsec. (span)(3)(C), (D). Puspan. L. 108–357, § 611(f)(1), redesignated subpar. (D) as (C) and struck out former subpar. (C) which defined “carry-over” of tobacco for any marketing year.

Subsec. (span)(6)(A). Puspan. L. 108–357, § 611(f)(2), struck out “tobacco,” after “rice,”.

Subsec. (span)(10)(B), (C). Puspan. L. 108–357, § 611(f)(3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which defined “normal supply” in the case of tobacco.

Subsec. (span)(11)(B). Puspan. L. 108–357, § 611(f)(4), struck out “and tobacco” after “cotton”.

Subsec. (span)(12). Puspan. L. 108–357, § 611(f)(5), struck out “tobacco,” after “rice,”.

Subsec. (span)(14). Puspan. L. 108–357, § 611(f)(6), struck out “(A)” after “(14)” and subpars. (B) to (D) which defined “reserve supply level” of tobacco, “reserve stock level” in the case of Flue-cured tobacco, and “reserve stock level” in the case of Burley tobacco.

Subsec. (span)(15). Puspan. L. 108–357, § 611(f)(7), (10), redesignated par. (16) as (15) and struck out former par. (15) which defined “tobacco” and “kind of tobacco”.

Subsec. (span)(16). Puspan. L. 108–357, § 611(f)(10), redesignated par. (16) as (15).

Subsec. (span)(16)(B), (C). Puspan. L. 108–357, § 611(f)(8), redesignated subpar. (C) as (B) and struck out former subpar. (B) which defined “total supply” of tobacco for any marketing year.

Subsec. (span)(17). Puspan. L. 108–357, § 611(f)(9), struck out par. (17) which defined “domestic manufacturer of cigarettes”.

2002—Subsec. (span)(14)(C). Puspan. L. 107–171 substituted “60,000,000” for “100,000,000” in cl. (i) and “10 percent” for “15 percent” in cl. (ii).

1986—Subsec. (span)(14)(C), (D). Puspan. L. 99–272, § 1103(a)(1), added subpars. (C) and (D).

Subsec. (span)(17). Puspan. L. 99–272, § 1103(a)(2), added par. (17).

1985—Subsec. (span)(7). Puspan. L. 99–198 substituted “Corn, September 1–August 31” for “Corn, October 1–September 30”.

1982—Subsec. (span)(15). Puspan. L. 97–218 inserted proviso that for purposes of section 1314e of this title, types 22 and 23, fire-cured tobacco shall be treated as one “kind of tobacco”.

1975—Subsec. (span)(7). Puspan. L. 94–61 substituted “Wheat, June 1–May 31” for “Wheat, July 1–June 30”.

1973—Subsec. (span)(13)(K). Puspan. L, 91–524, § 405(span), as added by Puspan. L. 93–86, temporarily inserted “(five calendar years in the case of wheat)” after “three calendar years”. See Effective and Termination Dates of 1973 Amendment note below.

1965—Subsec. (span)(8). Puspan. L. 89–321, § 509(1), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (span)(9). Puspan. L. 89–321, § 511(a), struck out “cotton” and “wheat” in first sentence, and inserted definition of normal production when applied to any number of acres of cotton or wheat.

Subsec. (span)(13). Puspan. L. 89–321, §§ 403, 509(2), added subpars. (J), (K), (L), and (M).

1964—Subsec. (span)(13). Puspan. L. 88–297, § 106(5)–(7), struck out “cotton or” before “peanuts” in subpar. (B) in two places, struck out “, cotton,” after “corn” in subpar. (G) in two places, and added subpars. (H) and (I), respectively.

1962—Subsec. (span)(13). Puspan. L. 87–703 struck out par. (A) which defined “normal yield” for any county in the case of corn or wheat; inserted in pars. (D) and (E) “and wheat” after “in the case of rice”, “or wheat, as the case may be,” after “per acre of rice”, and “in the case of rice, or during the five years immediately preceding the year in which such normal yield is determined in the case of wheat” after “determined”; and struck out from par. (G) “wheat,” after “corn,” in two places, “and, in the case of wheat, but not in the case of corn, cotton, or peanuts, for trends in yields” after “abnormal weather conditions”, “ten calendar years in the case of wheat, and” before “five calendar years” and “in the case of corn, cotton, or peanuts” after “five calendar years”.

1957—Subsec. (span)(15). Puspan. L. 85–92 inserted proviso relating to treatment of type 21 fire-cured tobacco as a “kind of tobacco”.

1956—Subsec. (a)(1)(E). Act May 28, 1956, § 602, inserted “(not counting 1956 in the case of basic agricultural commodities)” after “full calendar years”.

Subsec. (span)(13). Act May 28, 1956, § 502, limited determination of normal yield provided for in subpar. (D) only to counties and authorized adjustments for abnormal weather conditions and for trends in yields, added subpars. (E) and (F), and redesignated subpar. (E) as (G).

1954—Subsec. (a)(1)(E). Act Aug. 28, 1954, § 301, changed definition of “transitional parity price” as applied to basic agricultural commodities so as to make it “old parity” less 5 per centum for each full year elapsed since Jan. 1, 1955, instead of Jan. 1, 1949.

Subsec. (span). Act Aug. 28, 1954, § 302, increased carryover allowance from 10 per centum to 15 per centum in case of corn and from 15 per centum to 20 per centum in case of wheat in subpar. (10)(A), and provided for computing county and farm “normal yields” on the basis of 5-year yields instead of 10-year yields in case of corn in subpars. (13)(A) and (13)(E).

1953—Subsec. (d). Act July 14, 1953, added subsec. (d).

1952—Subsec. (a)(1)(G). Act July 17, 1952, extended dual parity provisions for two years.

Subsec. (span)(3)(C), (16)(B). Act July 8, 1952, provided for computation of carry-over as of Jan. 1st, following the beginning of the marketing year instead of Oct. 1st the beginning of the marketing year.

1949—Subsec. (a)(1)(B). Act Oct. 31, 1949, § 409(a), inserted last sentence.

Subsec. (a)(1)(C). Act Oct. 31, 1949, § 409(span), inserted “, wages paid hired farm labor” after “buy” and “, wages” after “such prices”.

Subsec. (a)(1)(G). Act Oct. 31, 1949, § 409(c), added subpar. (G).

Subsec. (span)(1)(B). Act Oct. 31, 1949, § 418(span), included the actual production of rice.

Subsec. (span)(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.

Act Aug. 29, 1949, § 2(a)(1), changed definition of “carry-over” of cotton by excluding United States cotton on hand outside the United States.

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

Subsec. (span)(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 provision inapplicable to cotton.

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

Subsec. (span)(16)(A). Act Oct. 31, 1949, § 415(d), struck out “cotton,” after “corn,”.

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

Subsec. (span)(16)(C). Act Aug. 29, 1949, § 2(a)(3), added subpar. (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 to 1914, and redefined “parity”.

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

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

Subsec. (span)(10). Act July 3, 1948, § 201(d), redefined “normal supply”.

Subsec. (span)(16). Act July 3, 1948, § 201(e), redefined “total supply”.

1942—Subsec. (span)(13)(B). Act July 9, 1942, § 1(4), inserted “or peanuts” after “cotton” wherever appearing, and added a new sentence reading “For 1942, the normal yield for any county, in the case of peanuts, shall be the average yield per acre for peanuts for the county, adjusted for abnormal conditions, during the years 1936–1940, inclusive, except that for any county in which the years 1935–1939, inclusive, are equally as representative, such period may be used in determining the normal yields for counties in the State”.

Subsec. (span)(13)(E). Act July 9, 1942, § 1(5), struck out “or” after “wheat” and before “cotton” wherever appearing, inserted “or peanuts” after “cotton” wherever appearing, and inserted after first sentence “For 1942, the normal yield for any farm, in the case of peanuts, shall be the average yield per acre of peanuts for the farm, adjusted for abnormal conditions, during the years 1936–1940, inclusive, except that for any county in which the years 1935–1939, inclusive, are equally as representative, such period may be used in determining normal yields for farms in the county”.

1941—Subsec. (span)(1)(B). Act April 3, 1941, § 2, inserted “or peanuts” after “cotton”.

Subsec. (span)(6)(C). Act Apr. 3, 1941, § 3, added subpar. (C).

1940—Subsec. (a)(1). Act Nov. 22, 1940, § 3, inserted “and, in the case of Burley and flue-cured tobacco, shall be the period August 1934 to July 1939; except that the August 1919–July 1929 base period shall be used in allocating any funds appropriated prior to September 1, 1940” after “July, 1929” in last sentence.

Subsec. (span)(3)(C). Act June 13, 1940, inserted exception.

Former subsec. (span)(6)(C), (D) were omitted in amendment to subsec. (span)(6) by act July 2, 1940.

Subsec. (span)(13)(A). Act July 2, 1940, § 4, among other changes inserted “or wheat” after “corn” wherever appearing and substituted “county” for “farm” wherever appearing.

Subsec. (span)(13)(B). Act July 2, 1940, § 5, among other changes, struck out “wheat or” before “cotton” and “and, in the case of wheat but not in the case of cotton, for trends in yields, during the ten calendar years in the case of wheat, and” after “weather conditions”.

Subsec. (span)(13)(E). Act Nov. 25, 1940, in first sentence substituted “in which such normal yield is determined” for “with respect to such normal yield is used in any computation authorized under this title”.

Subsec. (span)(15). Act Nov. 22, 1940, §§ 1, 4, among other changes substituted “Fire-cured tobacco comprising types 21, 22, 23, and 24; Dark air-cured tobacco comprising types 35 and 36” for “Fire-cured and dark air cured tobacco comprising types 21, 22, 23, 24, 35, 36, and 37” and inserted proviso at end of last sentence.

1938—Subsec. (span)(13). Act Apr. 7, 1938, substituted “county” for “farm” in subpars. (A) and (B) and added subpar. (E).

Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment

Amendment by Puspan. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Puspan. L. 108–357, set out as an Effective Date note under section 518 of this title.

Effective Date of 1975 Amendment

Puspan. L. 94–61, § 2, July 25, 1975, 89 Stat. 302, provided that: “The amendment made by the first section of this Act [amending this section] shall become effective June 1, 1975”.

Effective and Termination Dates of 1973 Amendment

Puspan. L. 91–524, title IV, § 405(span), as added by Puspan. L. 93–86, § 1(12)(a), Aug. 10, 1973, 87 Stat. 229, provided that the amendment made by Puspan. L. 91–524 is effective with respect to the 1974 through 1977 crops.

Effective Date of 1965 Amendment

Puspan. L. 89–321, title V, § 511(a), Nov. 3, 1965, 79 Stat. 1205, provided that the amendment made by that section is effective beginning with the crop planted for harvest in 1966.

Effective Date of 1962 Amendment

Puspan. L. 87–703, title III, § 323, Sept. 27, 1962, 76 Stat. 626, provided that: “The amendments to the Agricultural Adjustment Act of 1938, as amended, and to Public Law 74, Seventy-seventh Congress, as amended, made by sections 310 through 322 of this Act [enacting sections 1334span and 1339 of this title, amending this section and sections 1331 to 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 Amendment

Act Oct. 31, 1949, ch. 792, title IV, § 415(a), (span), 63 Stat. 1057, provided that:

“(a) Except as modified by this Act or by Public Law 272 [see Tables for classification], Eighty-first Congress, sections 201(span), 201(d), 201(e), 203, 207(a), and 208 of the Agricultural Act of 1948 [amending this section and sections 1312, 1322, and 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, such action shall be taken within thirty days after the enactment of the Act.
“(span) 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 Amendment

Act July 3, 1948, ch. 827, title III, § 303, 62 Stat. 1259, provided that: “Titles II and III of this Act [amending this section and sections 602, 608c, 612c, 672, 1301a, 1302, 1312, 1322, 1328, 1333, 1335, 1336, 1343, 1345, 1355, and 1385 of this title and repealing sections 608e and 1322a of this title] shall take effect on January 1, 1950.”

Savings Provision

Amendment by sections 611 to 614 of Puspan. L. 108–357 not to affect the liability of any person under any provision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Puspan. L. 108–357, set out as a note under section 515 of this title.

Rulemaking Procedures

Puspan. L. 99–272, title I, § 1108(c), Apr. 7, 1986, 100 Stat. 95, provided that: “The Secretary of Agriculture shall implement sections 1102 through 1109, and the amendments made by such sections [enacting sections 1314g, 1314h, and 1445–3 of this title, amending this section and sections 1312, 1314c, 1314e, 1372, 1445, 1445–1, and 1445–2 of this title, and enacting provisions set out as notes under sections 1314c, 1314e, 1314g, 1314h, 1372, 1445, 1445–1, and 1445–2 of this title], without regard to the provisions requiring notice and other procedures for public participation in rulemaking contained in section 553 of title 5, United States Code, or in any directive of the Secretary.”

Study of Methods of Improving Parity Formula

Act May 28, 1956, ch. 327, title VI, § 602, 70 Stat. 213, required the Secretary to make a thorough study of the 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 Jan. 31, 1957.

Executive Documents
Transfer of Functions

Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to 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 Federal Crop Insurance Corporation 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.

Functions of Bureau of Agricultural Economics transferred to other units of Department of Agriculture under Secretary’s memorandum 1320, supp. 4, of Nov. 2, 1953.