Title 7 — AgricultureRelease 119-73
§1335 Small-farm exemption; small-farm base acreage; election; acreage allotment; land-use provisions; price support; wheat marketing certificates
Title 7 › Chapter CHAPTER 35— - AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter SUBCHAPTER II— - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part Part B— - Marketing Quotas › Subpart subpart iii— - marketing quotas—wheat › § 1335
Summary
Farms with a wheat allotment under 15 acres do not have to follow a farm marketing quota if their wheat acreage is no more than a "small-farm base acreage," unless the operator signs a written form to opt in. The small-farm base acreage is the smaller of: the farm’s average wheat acres planted for harvest in 1959, 1960, and 1961 (or a later three-year period the Secretary picks, not including 1963) adjusted for bad weather, crop rotation, and similar factors, or 15 acres. The farm’s official acreage allotment is whichever is larger: that small-farm base (using 1959–61) reduced by the same percentage the national allotment drops below 55 million acres, or the allotment figured in the usual way. If the operator does not make the written election, then for related program rules the farm’s allotment is treated as the larger of the small-farm base or the farm allotment, land-use rules do not apply, the wheat is not eligible for price support, and wheat marketing certificates will not be issued. The extra acreage used to set these small-farm allotments is added on top of national, State, and county allotments. This rule does not apply to crops planted for harvest in 1967 or later.
Full Legal Text
Title 7, §1335
Agriculture — Source: USLM XML via OLRC
Notwithstanding any other provision of this subpart, no farm marketing quota for any crop of wheat shall be applicable to any farm with a farm acreage allotment of less than fifteen acres if the acreage of such crop of wheat does not exceed the small-farm base acreage determined for the farm, unless the operator elects in writing on a form and within the time prescribed by the Secretary to be subject to the farm acreage allotment and marketing quota. The small-farm base acreage for a farm shall be the smaller of (A) the average acreage of the crop of wheat planted for harvest in the three years 1959, 1960, and 1961, or such later three-year period, excluding 1963, determined by the Secretary to be representative, with adjustments for abnormal weather conditions, established crop-rotation practices on the farm, and such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable small-farm base acreage, or (B) fifteen acres. The acreage allotment for any farm shall be the larger of (1) the small-farm base acreage determined as provided above on the basis of the three-year period 1959–1961, reduced by the same percentage by which the national acreage allotment for the crop is reduced below fifty-five million acres, or (2) the acreage allotment determined without regard to (1) above. If the operator of any such farm fails to make such election with respect to any crop of wheat, (i) for the purposes of section 1340 of this title, the farm acreage allotment for such crop of wheat shall be deemed to be the larger of (A) the small-farm base acreage or (B) the acreage allotment for the farm, (ii) the land-use provisions of section 1339 of this title shall be inapplicable to the farm, (iii) such crop of wheat shall not be eligible for price support, and (iv) wheat marketing certificates applicable to such crop shall not be issued with respect to the farm. The additional acreage required to provide acreage allotments for farms based upon small-farm base acreages under this section shall be in addition to National, State, and county acreage allotments. This section shall not be applicable to the crops planted for harvest in 1967 and subsequent years.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1985—Pub. L. 99–198 amended section generally, temporarily substituting provisions relating to marketing penalties for provisions for small-farm exemptions from marketing quotas. See Effective and Termination Dates of 1985 Amendment note below. 1965—Pub. L. 89–321 made section inapplicable to crops planted for harvest in 1967 and subsequent years. 1962—Pub. L. 87–703 substituted provisions for small-farm exemption from marketing quotas for provisions of subsecs. (a), (b), (c), (e), and (f), respecting the establishment of marketing quotas, the amount of national and farm marketing quotas, designation of States outside commercial wheat-producing areas (now covered by section 1334b of this title), and feed wheat exemption permitting any producer to harvest up to 30 acres of wheat without penalty if the entire crop is used on the farm where produced. 1961—Subsec. (d). Pub. L. 87–128 repealed subsec. (d) which provided that no farm marketing quota with respect to wheat shall be applicable in any marketing year to any farm on which the normal production of the acreage planted to wheat of the current crop is less than 200 bushels. 1957—Subsec. (f). Pub. L. 85–203 added subsec. (f). 1954—Subsec. (a). Act Aug. 28, 1954, § 309(a), substituted “May 15” for “July 1”. Subsec. (e). Act Aug. 28, 1954, § 309(b), added subsec. (e). 1948—Subsec. (a). Act
July 3, 1948, changed conditions which must be determined by the Secretary to exist before marketing quotas can be imposed. 1940—Subsec. (d). Act
June 6, 1940, substituted “two hundred” for “one hundred”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1985 Amendment Pub. L. 99–198, title III, § 305, Dec. 23, 1985, 99 Stat. 1380, provided that the amendment made by Pub. L. 99–198 is effective only for the 1987 through 1990 crops of wheat.
Effective Date
of 1965 AmendmentAmendment by Pub. L. 89–321 effective beginning with the crop planted for harvest in calendar year 1966, see section 501 of Pub. L. 89–321, set out as a note under section 1332 of this title.
Effective Date
of 1962 AmendmentAmendment by Pub. L. 87–703 effective only with respect to programs applicable to crops planted for harvest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a note under section 1301 of this title.
Effective Date
of 1961 Amendment Pub. L. 87–128, title I, § 122(e), Aug. 8, 1961, 75 Stat. 297, provided that the amendment made by Pub. L. 87–128 is effective with the 1962 crop of wheat.
Effective Date
of 1948 AmendmentAmendment by act
July 3, 1948, effective Jan. 1, 1950, see section 303 of act
July 3, 1948, set out as a note under section 1301 of this title. Inapplicability of Section Section inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(a)(1) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning
June 18, 2008, through Dec. 31, 2012, see section 8782(a)(1) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning
May 13, 2002, through Dec. 31, 2007, see section 7992(a)(1) of this title. Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(A) of this title. Section inapplicable to 1991 through 1995 crops of wheat, see section 303 of Pub. L. 101–624, set out as a note under section 1331 of this title. Section inapplicable to 1986 crop of wheat, see section 310(a) of Pub. L. 99–198, set out as a note under section 1332 of this title. Section inapplicable to 1982 through 1985 crops of wheat, see section 303 of Pub. L. 97–98, set out as a note under section 1331 of this title. Section inapplicable to 1978 through 1981 crops of wheat, see section 404 of Pub. L. 95–113, set out as a note under section 1331 of this title. Pub. L. 91–524, title IV, § 404(1), Nov. 30, 1970, 84 Stat. 1366, as amended by Pub. L. 93–86, § 1(11), Aug. 10, 1973, 87 Stat. 229, provided that this section is not applicable to 1971 through 1977 crops of wheat.
Reference
Citations & Metadata
Citation
7 U.S.C. § 1335
Title 7 — Agriculture
Last Updated
Apr 6, 2026
Release point: 119-73