7 U.S.C. § 1379c : US Code - Section 1379C: Marketing certificates

Search 7 U.S.C. § 1379c : US Code - Section 1379C: Marketing certificates

(a) Issuance; amount; reduction; sharing among producers; domestic
and export certificates
The Secretary shall provide for the issuance of wheat marketing
certificates for each marketing year for which a wheat marketing
allocation program is in effect for the purpose of enabling
producers on any farm with respect to which certificates are issued
to receive, in addition to the other proceeds from the sale of
wheat, an amount equal to the value of such certificates. The wheat
marketing certificates issued with respect to any farm for any
marketing year shall be in the amount of the farm wheat marketing
allocation for such year, but not to exceed (i) the actual acreage
of wheat planted on the farm for harvest in the calendar year in
which the marketing year begins multiplied by the normal yield of
wheat for the farm, plus (ii) the amount of wheat stored under
subsection (b) of this section or to avoid or postpone a marketing
quota penalty, which is released from storage during the marketing
year on account of underplanting or underproduction, and if this
limitation operates to reduce the amount of wheat marketing
certificates which would otherwise be issued with respect to the
farm, such reduction shall be made first from the amount of export
certificates which would otherwise be issued. The Secretary shall
provide for the sharing of wheat marketing certificates among
producers on the farm on the basis of their respective shares in
the wheat crop produced on the farm, or the proceeds therefrom;
except that in any case in which the Secretary determines that such
basis would not be fair and equitable, the Secretary shall provide
for such sharing on such other basis as he may determine to be fair
and equitable. The Secretary shall, in accordance with such
regulation as he may prescribe, provide for the issuance of
domestic marketing certificates for the portion of the wheat
marketing allocation representing wheat used for food products for
consumption in the United States. The Secretary shall also provide
for the issuance of export marketing certificates to eligible
producers at the end of the marketing year on a pro rata basis. For
such purposes, the value per bushel of export marketing
certificates shall be an average of the total net proceeds from the
sale of export marketing certificates during the marketing year
after deducting the total amount of wheat export subsidies paid to
exporters. An acreage on the farm which the Secretary finds was not
planted to wheat for harvest in 1965 because of drought, flood, or
other natural disaster shall be deemed by the Secretary to be an
actual acreage of wheat planted for harvest for purposes of this
subsection, provided such acreage is not subsequently planted to
any other price supported crop for 1965. An acreage on the farm not
planted to wheat because of drought, flood, or other natural
disaster shall be deemed to be an actual acreage of wheat planted
for harvest for purposes of this subsection provided such acreage
is not subsequently planted to any crop for which there are
marketing quotas or voluntary adjustment programs in effect.
Producers on any farm who have planted not less than 90 per centum
of the acreage of wheat required to be planted in order to earn the
full amount of marketing certificates for which the farm is
eligible shall be deemed to have planted the entire acreage
required to be planted for that purpose.
(b) Producers eligible for certificates; storage conditions
No producer shall be eligible to receive wheat marketing
certificates with respect to any farm for any marketing year in
which a marketing quota penalty is assessed for any commodity on
such farm or in which the farm has not complied with the land-use
requirements of section 1339 of this title to the extent prescribed
by the Secretary, or in which, except as the Secretary may by
regulation prescribe, the producer exceeds the farm acreage
allotment on any other farm for any commodity in which he has an
interest as a producer. No producer shall be deemed to have
exceeded a farm acreage allotment for wheat if the entire amount of
the farm marketing excess is delivered to the Secretary or stored
in accordance with applicable regulations to avoid or postpone
payment of the penalty. No producer shall be deemed to have
exceeded the farm acreage allotment for wheat on any other farm if
such farm is exempt from the farm marketing quota for such crop
under section 1335 of this title. Any wheat delivered to the
Secretary hereunder shall become the property of the United States
and shall be disposed of by the Secretary for relief purposes in
the United States or in foreign countries or in such other manner
as he shall determine will divert it from the normal channels of
trade and commerce. Notwithstanding any other provision of this
chapter, the Secretary may provide that a producer shall not be
eligible to receive marketing certificates, or may adjust the
amount of marketing certificates to be received by the producer,
with respect to any farm for any year in which a variety of wheat
is planted on the farm which has been determined by the Secretary,
after consultation with State Agricultural Experiment Stations,
agronomists, cereal chemists and other qualified technicians, to
have undesirable milling or baking qualities and has made public
announcement thereof.
(c) Face value
The Secretary shall determine and proclaim for each marketing
year the face value per bushel of wheat marketing certificates. The
face value per bushel of domestic certificates shall be the amount
by which the level of price support for wheat accompanied by
domestic certificates exceeds the level of price support for wheat
not accompanied by certificates (noncertificate wheat).
(d) Statement or form of certificates and transfers
Marketing certificates and transfers thereof shall be represented
by such documents, marketing cards, records, accounts,
certifications, or other statements or forms as the Secretary may
prescribe.
(e) Failure of producer to comply with programs; issuance of
certificates
In any case in which the failure of a producer to comply fully
with the term and conditions of the programs formulated under this
chapter preclude the issuance of marketing certificates, the
Secretary may, nevertheless, issue such certificates in such
amounts as he determines to be equitable in relation to the
seriousness of the default.