Cross References. - Delegation of regulatory functions of Secretary of Agriculture, see section 516a et seq. of Title 5, Executive Departments and Government Officers and Employees. Suspension of marketing quotas, see note set out under section 1341 of this title. § 1345. Marketing quotas. - Whenever during any calendar year the Secretary determines (1) that the total supply of cotton for the marketing year beginning in such calendar year will exceed the normal supply for such marketing year by more than 8 per centum; or (2) that the total supply of cotton for the marketing year ending in such calendar year is not less than the normal supply for such marketing year, and that the average farm price for cotton for three successive months of such marketing year does not exceed 66 per centum of parity the Secretary shall, not later than November 15 of such calendar year, proclaim such fact and marketing quotas shall be in effect with respect to cotton during the marketing year beginning in the next succeeding calendar year. Cotton produced in the calendar year in which such marketing year begins shall be subject to the quotas in effect for such marketing year notwithstanding that it may be marketed prior to August 1. (As amended July 3, 1948, ch. 827, Title II, § 205, 62 Stat. 1256.) 1948 Amendment.-Act July 3, 1948, cited to text, amended section to change the conditions which must be determined by the Secretary to exist before marketing quotas can be imposed. Effective date of 1948 amendment. - Amendment of section by Act July 3, 1948, effective as of Jan. 1, 1950, see note set out under section 1301 of this title. Cross References. - Delegation of regulatory functions of Secretary of Agriculture, see section 516a et seq. of Title 5, Executive Departments and Government Officers and Employees. Suspension of marketing quotas, see note set out under section 1341 of this title. § 1346. Amount of farm marketing quotas; exemption from penalties. Delegation of regulatory functions of Secretary of Agriculture, see section 516a et seq. of Title 5, Executive Departments and Government Officers and Employees. § 1347. Referendum. Suspension of marketing quotas, see note set out under section 1341 of this title. § 1348. Penalties. Rate of marketing penalty for cotton, see sections 1330 (9) and 1340 (9) of this title. Suspension of marketing quotas, see note set out under section 1341 of this title. §§ 1349, 1350. Suspension of marketing quotas, see note set out under section 1341 of this title. §§ 1352-1354. Delegation of regulatory functions of Secretary of Agriculture, see section 516a et seq. of Title 5, Executive Departments and Government Officers and Employees. § 1355. Marketing quotas-Proclamation. - (a) Whenever during any calendar year the Secretary determines- (1) that the total supply of rice for the marketing year beginning in such calendar year will exceed the normal supply for such marketing year by more than 20 per centum; or (2) that the total supply of rice for the marketing year ending in such calendar year is not less than the normal supply for such marketing year, and that the average farm price for rice for three successive months of such marketing year does not exceed 66 per centum of parity the Secretary shall, not later than December 31 of such calendar year, proclaim such fact and, during the marketing year beginning in the next succeeding calendar year and continuing throughout such marketing year, a national marketing quota shall be in effect with respect to the marketing of rice by producers. The Secretary shall also ascertain and specify in such proclamation the amount of the national marketing quota in terms of the total quantity thereof which may be marketed by producers which shall be that amount of rice which the Secretary determines will make available during such marketing year a normal supply. (As amended July 3, 1948, ch. 827, Title II, § 206, 62 Stat. 1256.) * * * 1948 Amendment. - Subsec. (a) amended by Act July 3, 1948, cited to text, to change the conditions which must be determined by the Secretary to exist before marketing quotas can be imposed. Effective date of 1948 amendment.-Amendment of section by Act July 3, 1948, effective as of Jan. 1, 1950, see note set out under section 1301 of this title. Cross References. - Delegation of regulatory functions of Secretary of Agriculture, see section 516a et seq. of Title 5, Executive Departments and Government Officers and Employees. Part VI-Marketing Quotas-Peanuts § 1357. Legislative findings. Suspension of marketing quotas and acreage allotments for 1947.-Joint Res. July 24, 1946, ch. 617, 69 Stat. 663, provided: "That notwithstanding the provisions of sections 357-359, inclusive, of the Agricultural Adjustment Act of 1938, as amended [7 U.S.C. §§ 1357-1359], and in view of the critical shortage of high protein foods and feeds, and fats and oil, peanut marketing quotas shall not be proclaimed with respect to the crop of peanuts produced in the calendar year of 1947, and no National, State, or farm acreage allotments for peanuts for the 1947 crop shall be established." § 1358. Marketing quotas.-(a) Between July 1 and December 1 of each calendar year the Secretary shall proclaim the amount of the national marketing quota for peanuts for the crop produced in the next succeeding calendar year in terms of the total quantity of peanuts which will make available for marketing a supply of peanuts from the crop with respect to which the quota is proclaimed equal to the average quantity of peanuts harvested for nuts during the five years immediately preceding the year in which such quota is proclaimed, adjusted for current trends and prospective demand conditions, and the quota so proclaimed shall be in effect with respect to such crop. The national marketing quota for peanuts for any year shall be converted to a national acreage allotment by dividing such quota by the normal yield per acre of peanuts for the United States determined by the Secretary on the basis of the average yield per acre of peanuts in the five years preceding the year in which the quota is proclaimed, with such adjustments as may be found necessary to correct for trends in yields and for abnormal conditions of production affecting yields in such five years: Provided, That the national marketing quota established for the crop produced in the calendar year 1941 shall be a quantity of peanuts sufficient to provide a national acreage allotment of not less than one million six hundred and ten thousand acres, and that the national marketing quota established for any subsequent year shall be quantity of peanuts sufficient to provide a national acreage allotment of not less than that established for the crop produced in the calendar year 1941. (b) Not later than December 15 of each calendar year the Secretary shall conduct a referendum of farmers engaged in the production of peanuts in the calendar year in which the referendum is held to determine whether such farmers are in favor of or opposed to marketing quotas with respect to the crops of peanuts produced in the three calendar years immediately following the year in which the referendum is held, except that, if as many as two-thirds of the farmers voting in any referendum vote in favor of marketing quotas, no referendum shall be held with respect to quotas for the second and third years of the period. The Secretary shall proclaim the results of the referendum within thirty days after the date on which it is held, and, if more than one-third of the farmers voting in the referendum vote against marketing quotas, the Secretary also shall proclaim that marketing quotas will not be in effect with respect to the crop of peanuts produced in the calendar year immediately following the calendar year in which the referendum is held. Notwithstanding any other provisions of this section, the Secretary shall proclaim a national marketing quota with respect to the crop of peanuts produced in the calendar year 1941 equal to the minimum quota provided for said year in subsection (a) hereof and shall provide for the holding of a referendum on such quota within thirty days after April 3, 1941, and the State and farm acreage allotments established under the 1941 agricultural conservation program shall be the State and farm acreage allotments for the 1941 crop of peanuts. (c) The national acreage allotment shall be apportioned among States on the basis of the average acreage of peanuts harvested for nuts in the five years preceding the year in which the national allotment is determined, with adjustments for trends, abnormal conditions of production, and the State peanut-acreage allotment for the crop immediately preceding the crop for which the allotment hereunder is established: Provided, That the allotment established for any State for any year subsequent to 1941 shall be not less than the allotment established for such State for the crop produced in the calendar year 1941 and any additional acreage so required shall be in addition to the national allotment and the production from such acreage shall be in addition to the national marketing quota: Provided further, That for the second or third year of any three-year period in which marketing quotas are in effect the acreage allotment for each State for such year shall be increased above or decreased below the allotment for the State for the immediately preceding year by the same percentage as the national marketing quota for such year is increased above or decreased below the national marketing quota for the preceding year. (d) The Secretary shall provide for apportionment of the State acreage allotment for any State through local committees among farms on which peanuts were grown in any of the three years immediately preceding the year for which such allotment is determined. Such apportionyears 1946-1947, 1947-1948, and 1948-1949, shall be proclaimed and marketing quota, and State and farm acreage allotments shall be t the marketing year 1946-1947 as were established for the marketin 1944, and the farm acreage allotments for the marketing years 18 1948-1949 shall be increased or decreased in the ratio which the nati ing quota for the 1943-1944 marketing year bears to the amount of to the Secretary determines to be be required to make the carry-over at th of the marketing year equal the reserve supply level: Provided, howe additional acreage not in excess of 5 per centum of the total acre to all farms in each State for the 1943-1944 marketing year shall each year by the local committees among farms in the State in acco regulations prescribed by the Secretary so as to establish allotment committee find will be fair and equitable in relation to the past tobacco (harvested and diverted); land, labor, and equipment availa production of tobacco; and crop-rotation practices, and an additio equal to not more than 5 per centum of the acreage allotted to all fo 1943-1944 marketing year shall be allotted each year to farms o tobacco was produced in the last five years in accordance with the F subsection (g) of section 313 [this section) applicable to farms o tobacco was produced during the last five years. The foregoing provis section shall not have the effect of modifying or repealing any other I said Act [sections 1281–1407 of this title, and sections 590h and 5900 "Sec. 2. Notwithstanding hstanding any other provisions of law, the Comm Corporation is authorized and directed, beginning with the 1945 available upon any crop of fire-cured, dark air-cured and Virgini tobacco, if producers have not disapproved marketing quotas for s for the marketing year beginning with the calendar year in which : harvested, loans or other price support at, in the case of fire-cured per centum of the loan rate for burley tobacco for the correspondir in the case of dark air-cured and Virginia sun-cured tobacco, at 66% of such burley tobacco loan rate." cr Quotas for fire-cured and dark-air cured tobacco unaffected by the Act of 1948; effective date. Section 5 of Act July 3, 1948, ch. 827 Stat. 1250, provided that Joint Res. July 28, 1945, ch. 330, 59 St: unaffected by any provisions of said Act July 3, 1948. Section 6 of said Act July 3, 1948, provided in part that section 5 July 3, 1948, should become effective Jan. 1, 1949. Transfer of Functions. - The administration of the program of the Credit Corporation was transferred to the Secretary of Agricult Reorg. Plan Plan No. 3, $501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 11 under section 713 of Title 15. Cross References. - Delegation of regulatory functions of Secretar ture, see section 516a et seq. of Title 5, Executive Departments and Officers and Employees. § 1314. Penalties-Persons liable. - (a) The marketing of tobacco in excess of the marketing quota for the farr the tobacco is produced shall be subject to a penalty of 40 of the average market price (calculated to the nearest for such kind of tobacco for the immediately preceding year. Such penalty shall be paid by the person who ac tobacco from the producer but an amount equivalent to may be deducted by the buyer from the price paid to t in case such tobacco is marketed by sale; or, if the toba keted by the producer through a warehouseman or other penalty shall be paid by such warehouseman or agent v duct an amount equivalent to the penalty from the price producer: Provided, That in case any tobacco is marke to any person outside the United States the penalty s and remitted by the producer. If any producer false or fails to account for the disposition of any tobacco, a tobacco equal to the normal yield of the number of acr of the total amount of tobaees avaleir if satisfactory proof is not fursisted of such excess tobacco prior to the paren the farm. All funds colected pres posited in a special deposit se States until the end of the mang which the funds are collected, and there shall be paid out of mee designated by the Secretary the lected exceeds the amount of penaty me en renew! excess of the farm market pa account shall be administered by the the amount of, and the pers such account, when determined scribed by the Secretary, sha Ang. 7, 1939, ch. 565, 53 Stat Stat. 393; Feb. 19, 1946, ch Act June 13, 1940, cited to tem, dat marising you the hot w Subsec. (a), first sentence, we tend Effective date. The second part of vertini of the provided: "The amendment made by titia wention 1946, except that in the case of fu effective May 1, 1947, Part Il-Korinting Qatar-Com } § 1322. Farm marketing quotas any calendar year the Secretary (1) that the total supply of earn for the al emergencies proclaimed by the ng quotas, see note set out under he marketing of any peanuts e farm on which such peanuts its from any farm for which no 1 be subject to a penalty at a rate of the loan (calculated to arketing quota peanuts for the h penalty shall be paid by the the peanuts from the producer, >roducer through an agent, the 1 such person or agent may delty from the price paid to the ollection of the penalty upon a from the farm equal to the proin excess of the farm-acreage uts on the farm. If the person llect such penalty, such person eanuts marketed from the farm y and severally liable for the ed pursuant to this section shall int with the Treasurer of the determined, in accordance with to be penalties incurred shall Treasury of the United States. ned penalties shall be paid to nes, in accordance with regula1 of the payment of the amount administered by the Secretary e producer entitled to receive a mined in accordance with regulabe final and conclusive. Peanuts marketing quotas are in effect 1 shall be subject to such quotas prior to the date on which such er falsely identifies or fails to its, an amount of peanuts equal acres harvested in excess of the to have been marketed in excess d the penalty in respect thereof ucer. If any amount of peanuts ed by a representation that such m, the acreage allotments next be reduced by that percentage → farm marketing quotas, except all not be made if the Secretary no person connected with such ach marketing; and if proof of ts is not furnished as required next established for the farm |