7 U.S.C. § 1379d : US Code - Section 1379D: Marketing restrictions

Search 7 U.S.C. § 1379d : US Code - Section 1379D: Marketing restrictions

(a) Transfers of certificates; purchases by Commodity Credit
Corporation
Marketing certificates shall be transferable only in accordance
with regulations prescribed by the Secretary. Any unused
certificates legally held by any person shall be purchased by
Commodity Credit Corporation if tendered to the Corporation for
purchase in accordance with regulations prescribed by the
Secretary.
(b) Processor and exporter acquisition of domestic and export
certificates; international trade, expansion; refunds or credits
for certificates; exemptions from requirements
During any marketing year for which a wheat marketing allocation
program is in effect, (i) all persons engaged in the processing of
wheat into food products shall, prior to marketing any such food
product or removing such food product for sale or consumption,
acquire domestic marketing certificates equivalent to the number of
bushels of wheat contained in such product and (ii) all persons
exporting wheat shall, prior to such export, acquire export
marketing certificates equivalent to the number of bushels so
exported. The cost of the export marketing certificates per bushel
to the exporter shall be that amount determined by the Secretary on
a daily basis which would make United States wheat and wheat flour
generally competitive in the world market, avoid disruption of
world market prices, and fulfill the international obligations of
the United States. The Secretary may exempt from the requirements
of this subsection wheat exported for donation abroad and other
noncommercial exports of wheat, wheat processed for use on the farm
where grown, wheat produced by a State or agency thereof and
processed for use by the State or agency thereof, wheat processed
for donation, and wheat processed for uses determined by the
Secretary to be noncommercial. Such exemptions may be made
applicable with respect to any wheat processed or exported
beginning July 1, 1964. There shall be exempt from the requirements
of this subsection beverage distilled from wheat prior to July 1,
1964. A beverage distilled from wheat after July 1, 1964, shall be
deemed to be removed for sale or consumption at the time it is
placed in barrels for aging except that upon the giving of a bond
as prescribed by the Secretary, the purchase of and payment for
such marketing certificates as may be required may be deferred
until such beverage is bottled for sale. Wheat shipped to a
Canadian port for storage in bond, or storage under a similar
arrangement, and subsequent exportation, shall be deemed to have
been exported for purposes of this subsection when it is exported
from the Canadian port. Marketing certificates shall be valid to
cover only sales or removals for sale or consumption or
exportations made during the marketing year with respect to which
they are issued, and after being once used to cover a sale or
removal for sale or consumption or export of a food product or an
export of wheat shall be void and shall be disposed of in
accordance with regulations prescribed by the Secretary.
Notwithstanding the foregoing provisions hereof, the Secretary may
require marketing certificates issued for any marketing year to be
acquired to cover sales, removals, or exportations made on or after
the date during the calendar year in which wheat harvested in such
calendar year begins to be marketed as determined by the Secretary
even though such wheat is marketed prior to the beginning of the
marketing year, and marketing certificates for such marketing year
shall be valid to cover sales, removals, or exportations made on or
after the date so determined by the Secretary. Whenever the face
value per bushel of domestic marketing certificates for a marketing
year is different from the face value of domestic marketing
certificates for the preceding marketing year, the Secretary may
require marketing certificates issued for the preceding marketing
year to be acquired to cover all wheat processed into food products
during such preceding marketing year even though the food product
may be marketed or removed for sale or consumption after the end of
the marketing year.
(c) Undertaking to secure marketing of commodity without
certificate
Upon the giving of a bond or other undertaking satisfactory to
the Secretary to secure the purchase of and payment for such
marketing certificates as may be required, and subject to such
regulations as he may prescribe, any person required to have
marketing certificates in order to market or export a commodity may
be permitted to market any such commodity without having first
acquired marketing certificates.
(d) "Food products" defined; exemption of flour second clears
As used in this part, the term "food products" means flour
(excluding flour second clears not used for human consumption as
determined by the Secretary), semolina, farina, bulgur, beverage,
and any other product composed wholly or partly of wheat which the
Secretary may determine to be a food product. The Secretary may at
his election administer the exemption for wheat processed into
flour second clears through refunds either to processors of such
wheat or to the users of such clears. For the purpose of such
refunds, the wheat equivalent of flour second clears may be
determined on the basis of conversion factors authorized by section
1379f of this title, even though certificates had been surrendered
on the basis of the weight of the wheat.