7 U.S.C. § 1379g: Authority to facilitate…

Summary

The Secretary may take whatever steps he thinks are needed to move from the old program to the new one. He can exempt some or all wheat or food made from wheat that is already in trade on the program’s start date from the marketing limits in section 1379d(b). He can also sell certificates for that wheat or those products at prices he sets. Those certificates must be issued by the Commodity Credit Corporation. If the face value per bushel of domestic marketing certificates is much different from one marketing year to the next, the Secretary can act to ease the change. He may sell certificates to wheat processors under prices and rules he sets, and may use the same powers to move from the certificate program under section 1379d to a system with no certificates. He may exempt wheat or products in trade on July 1, 1973, or sell certificates for them, but he may not require certificates for wheat processed after June 30, 1973.

Title 7, §1379g

Agriculture, Source: USLM XML via OLRC

(a)The Secretary is authorized to take such action as he determines to be necessary to facilitate the transition from the program currently in effect to the program provided for in this part. Notwithstanding any other provision of this part, such authority shall include, but shall not be limited to, the authority to exempt all or a portion of the wheat or food products made therefrom in the channels of trade on the effective date of the program under this part from the marketing restrictions in subsection (b) of section 1379d of this title, or to sell certificates to persons owning such wheat or food products at such prices as the Secretary may determine. Any such certificate shall be issued by Commodity Credit Corporation.

(b)Whenever the face value per bushel of domestic marketing certificates for a marketing year is substantially different from the face value of domestic marketing certificates for the preceding marketing year, the Secretary is authorized to take such action as he determines necessary to facilitate the transition between marketing years. Notwithstanding any other provision of this part, such authority shall include, but shall not be limited to, the authority to sell certificates to persons engaged in the processing of wheat into food products covering such quantities of wheat, at such prices, and under such terms and conditions as the Secretary may by regulation provide. Any such certificate shall be issued by Commodity Credit Corporation.

(c)The Secretary is authorized to take such action as he determines to be necessary to facilitate the transition from the certificate program provided for under section 1379d of this title to a program under which no certificates are required. Notwithstanding any other provision of law, such authority shall include, but shall not be limited to the authority to exempt all or a portion of wheat or food products made therefrom in the channels of trade on July 1, 1973, from the marketing restrictions in subsection (b) of section 1379d of this title, or to sell certificates to persons owning such wheat or food products made therefrom at such price and under such terms and conditions as the Secretary may determine. Any such certificate shall be issued by the Commodity Credit Corporation. Nothing herein shall authorize the Secretary to require certificates on wheat processed after June 30, 1973.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in subsecs. (a) and (b), commences with section 1379a of this title.

Amendments

1973—Subsec. (c). Pub. L. 91–524, § 403(b), as added by Pub. L. 93–86, added subsec. (c). 1965—Pub. L. 89–321 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

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)(3) 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)(3) 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)(3) 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)(H) of this title. Section inapplicable to wheat processors or exporters during period

June 1, 1991, through

May 31, 1996, see section 302 of Pub. L. 101–624, set out as a note under section 1379d of this title. Section inapplicable to wheat processors or exporters during period

June 1, 1986, through

May 31, 1991, see section 309 of Pub. L. 99–198, set out as a note under section 1379d of this title. Section inapplicable to wheat processors or exporters during period

June 1, 1982, through

May 31, 1986, see section 302 of Pub. L. 97–98, set out as a note under section 1379d of this title. Section inapplicable to wheat processors or exporters during period

July 1, 1973, through

May 31, 1982, see section 403 of Pub. L. 95–113, set out as a note under section 1379d of this title. Section inapplicable to wheat processed or exported during period