§889 — Title 21 Food and Drugs | U.S. Code

Summary

People convicted under federal or state law of planting, growing, harvesting, producing, or storing a controlled substance in any crop year after December 23, 1985, cannot get farm program benefits for that crop year and the four crop years that follow. The ban covers things like price supports and payments, certain farm and storage loans, crop insurance, disaster payments, and payments for storing commodities when the Commodity Credit Corporation acquires them. Defined terms: controlled substance — same meaning as in section 802(6); Secretary — the Secretary of Agriculture; State — the 50 States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Within 180 days after December 23, 1985, the Secretary must make rules to define “person,” decide who is ineligible, and protect tenants and sharecroppers.

Title 21, §889

Food and Drugs — Source: USLM XML via OLRC

(a)As used in this section:

(1)The term “controlled substance” has the same meaning given such term in section 802(6) of this title.

(2)The term “Secretary” means the Secretary of Agriculture.

(3)The term “State” means each of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.

(b)Notwithstanding any other provision of law, following December 23, 1985, any person who is convicted under Federal or State law of planting, cultivation, growing, producing, harvesting, or storing a controlled substance in any crop year shall be ineligible for—

(1)as to any commodity produced during that crop year, and the four succeeding crop years, by such person—

(A)any price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act;

(B)a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h));

(C)crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);

(D)a disaster payment made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.); or

(E)a loan made, insured or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Farmers Home Administration; or

(2)a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) for the storage of an agricultural commodity that is—

(A)produced during that crop year, or any of the four succeeding crop years, by such person; and

(B)acquired by the Commodity Credit Corporation.

(c)Not later than 180 days after December 23, 1985, the Secretary shall issue such regulations as the Secretary determines are necessary to carry out this section, including regulations that—

(1)define the term “person”;

(2)govern the determination of persons who shall be ineligible for program benefits under this section; and

(3)protect the interests of tenants and sharecroppers.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Agricultural Act of 1949, referred to in subsec. (b)(1)(A), (D), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see

Short Title

note set out under section 1421 of Title 7 and Tables. The Commodity Credit Corporation Charter Act, referred to in subsec. (b)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, and is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 714 of Title 15 and Tables. The Federal Crop Insurance Act, referred to in subsec. (b)(1)(C), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables. The Consolidated Farm and Rural Development Act, referred to in subsec. (b)(1)(E), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§ 1921 et seq.) of Title 7. For complete classification of this Act to the Code, see

Short Title

note set out under section 1921 of Title 7 and Tables. Codification Section was classified to section 881a of this title prior to renumbering by Pub. L. 101–647.

Amendments

1990—Pub. L. 101–647 renumbered section 881a of this title as this section.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§889 Production control of controlled substances

Summary

Title 21, §889

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Short Title

Amendments

Executive Documents

Citations & Metadata