creage allotment has not been reduced under section 344 (m)) the creage of cotton on the farm shall not be required to be reduced elow the farm acreage allotment: And provided,51 That for the 971 through 1977 crops of upland cotton a cooperator shall be a roducer on a farm on which a farm base acreage allotment has been stablished who has set aside the acreage required under section 03(e): Provided further, That for the 1976 and 1977 crops of rice, cooperator shall be a person who produces rice on a farm for which farm acreage allotment has been established or to which a producer creage allotment has been allocated and, if a set-aside is in effect, ho has set aside any acreage required under section 101 (g). For he purpose of this subsection, a producer shall not be deemed to ave exceeded his farm acreage allotment unless such producer nowingly exceeded such allotment.52 (7 U.S.C. 1428 (b).)

BASIC AGRICULTURAL COMMODITY

(c) A "basic agricultural commodity" shall mean corn, cotton, eanuts, rice, tobacco, and wheat, respectively. (7 U.S.C. 1428 (c).)

NONBASIC AGRICULTURAL COMMODITY

(d) A "nonbasic agricultural commodity" shall mean any agriculiral commodity other than a basic agricultural commodity. (7 U.S.C. 128 (d).)

SUPPLY PERCENTAGE

(e) The "supply percentage" as to any commodity shall be the perentage which the estimated total supply is of the normal supply as etermined by the Secretary from the latest available statistics of the Department of Agriculture as of the beginning of the marketing ear for the commodity. (7 U.S.C. 1428 (e).)

TOTAL SUPPLY

(f) "Total supply" 53 of any nonbasic agricultural commodity for ny marketing year shall be the carry-over at the beginning of such arketing year, plus the estimated production of the commodity in he United States during the calendar year in which such marketing ear begins and the estimated imports of the commodity into the United States during such marketing year. (7 U.S.C. 1428 (f).)

51 This proviso was added by Sec. 604 of the Agricultural Act of 1970, P.L. 91-524, 4 Stat. 1378, Nov. 30, 1970. The words "1971 through 1977" were substituted for 1971, 1972, and 1973" by Sec. 1(22) of the Agriculture and Consumer Protection Act f 1973, P.L. 93-86, 87 Stat. 221, Aug. 10, 1973.

51a This proviso was added by Sec. 303 of the Rice Production Act of 1975, P.L. 4-214, 90 Stat. 188, Feb. 1976, effective only with respect to the 1976 and 1977 crops f rice.

52 See section 374 (c) of the Agricultural Adjustment Act of 1938 as to adjusting lanted acreage.

53 See section 301(b) of the Agricultural Adjustment Act of 1938 for definitions appliable to basic commodities.

CARRY-OVER

(g) "Carry-over" 54 of any nonbasic agricultural commodity for any marketing year shall be the quantity of the commodity on hand in the United States at the beginning of such marketing year, not including any part of the crop or production of such commodity which was produced in the United States during the calendar year then current. The carry-over of any such commodity may also include the quantity of such commodity in processed form on hand in the United States at the beginning of such marketing year, if the Secretary determines that the inclusion of such processed quantity of the commodity is necessary to effectuate the purposes of this Act. (7 U.S.C. 1428 (g).)

NORMAL SUPPLY

(h) "Normal supply" "55 of any nonbasic agricultural commodity for any marketing year shall be (1) the estimated domestic consumption of the commodity for the marketing year for which such normal supply is being determined, plus (2) the estimated exports of the commodity for such marketing year, plus (3) an allowance for carryover. The allowance for carry-over shall be the average carry-over of the commodity for the five marketing years immediately preceding the marketing year in which such normal supply is determined, adjusted for surpluses or deficiencies caused by abnormal conditions, changes in marketing conditions, or the operation of any agricultural program. In determining normal supply, the Secretary shall make such adjustments for current trends in consumption and for unusual conditions as he may deem necessary. (7 U.S.C. 1428 (h).)

MARKETING YEAR

(i) "Marketing year" 55 for any nonbasic agricultural commodity means any period determined by the Secretary during which substantially all of the crop or production of such commodity is nor mally marketed by the producers thereof. (7 U.S.C. 1428 (i).)

TERMS DEFINED IN AGRICULTURAL ADJUSTMENT ACT OF 1938

(j) Any term defined in the Agricultural Adjustment Act of 1938. shall have the same meaning when used in this Act. (7 U.S.C. 1428 (j).)

REFERENCE TO TERMS MADE APPLICABLE TO WHEAT AND FEED

GRAINS

(k) 56 References made in sections 402, 403, 406, and 416 to the terms "support price," "level of support," and "level of price support" shall be considered to apply as well to the level of loans and purchases for wheat and feed grains under this Act; and references made to the terms "price support," "price support operations," and "price

54 See footnote 53.

55 See footnote 53.

56 Subsection (k) was added by Sec. 408 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1367, Nov. 30, 1970, effective only with respect to the 1971, 1972, and 1973 crops. Sec. 1(15) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 221, Aug. 10, 1973, made it applicable through the 1977 crops.

ipport program" in such sections and in section 401(a) shall be onsidered as applying as well to the loan and purchase operations ɔr wheat and feed grains under this Act. (7 U.S.C. 1428(k).)

REFERENCE TO TERMS MADE APPLICABLE TO UPLAND COTTON

(1) 57 References made in sections 402, 403, 406, and 416 to the rms "support price," "level of support," and "level of price suport" shall be considered to apply as well to the level of loans and urchases for upland cotton under this Act; and references made to he terms "price support," "price support operations," and "price upport program" in such sections and in section 401 (a) shall be condered as applying as well to the loan and purchase operations for pland cotton under this Act. (7 U.S.C. 1428 (1).)

REFERENCE TO TERMS MADE APPLICABLE TO RICE

(m) 57a Reference made in sections 402, 403, 406, 407, and 416 to rms "support price", "level of support", and "level of price support" all be considered to apply as well to the level of loans and purhases for rice under this Act, and references made to the terms price support", "price support operation", and "price support proram" in such sections and in section 401 (a) shall be considered as oplying as well to the loan and purchase operations for such rice in is Act. (7 U.S.C. 1428 (m).)

SEC. 409. [This section contains amendments to the Agricultural djustment Act of 1938. These amendments are included in that Act, 3 it appears in this Compilation.]

SEC. 410. [This section contains an amendment to section 4 of the ct of March 8, 1938 (15 U.S.C. 713a-4) relating to the borrowing ower of Commodity Credit Corporation (p. 253).]

SEC. 411. [This section contains an amendment to section 32 of .L. 320, 74th Congress (p. 230).]

DETERMINATIONS BY SECRETARY

SEC. 412. Determinations made by the Secretary under this Act all be final and conclusive: Provided, That the scope and nature of ich determinations shall not be inconsistent with the provisions of e Commodity Credit Corporation Charter Act. (7 U.S.C. 1429.)

WHEN PRICE SUPPORT PROVISIONS EFFECTIVE

SEC. 413. This Act shall be effective with respect to price support perations for any agricultural commodity for any marketing year r season_commencing prior to January 1, 1950, except to the extent at the Secretary of Agriculture shall, without reducing price suport theretofore undertaken or announced, elect to apply the proisions of this Act. (7 U.S.C. 1430.)

57 Subsection (1) was added by Sec. 607 of the Agricultural Act of 1970, P.L. 91-524, Stat. 1378, Nov. 30, 1970, effective only with respect to the 1971, 1972 and 1973 ops. Sec. 1(22) of the Agriculture and Consumer Protection Act of 1973, P.L. 93–86, Stat. 221, Aug. 10, 1973, made it applicable through the 1977 crop.

57a Subsection (m) was added by Sec. 304 of the Rice Production Act of 1975, P.L. -214, 90 Stat. 188, Feb. 16, 1976, effective only with respect to the 1976 and 1977 ops of rice.

REPEAL OF PREVIOUS LEGISLATION

SEC. 414. Section 302 of the Agricultural Adjustment Act of 1938, as amended, and any provision of law in conflict with the provisions of this Act are hereby repealed. (7 U.S.C. 1421 note.)

SEC. 415. [This section contains amendments to the Agricultural Act of 1948 and the Agricultural Adjustment Act of 1938.]

DISPOSITION OF COMMODITIES TO PREVENT WASTE

SEC. 416.58 In order to prevent the waste of commodities whether in private stocks or 59 acquired through price-support operations by the Commodity Credit Corporation before they can be disposed of in normal domestic channels without impairment of the price-support program or sold abroad at competitive world prices, the Commodity Credit Corporation is authorized, on such terms and under such regulations as the Secretary may deem in the public interest: (1) upon application, to make such commodities available to any Federal agency for use in making payment for commodities not produced in the United States; (2) to barter or exchange such commodities for strategic or other materials as authorized by law; (3) in the case of food commodities to donate such commodities to the Bureau of Indian Affairs and to such State, Federal, or private agency or agencies as may be designated by the proper State or Federal authority and approved by the Secretary, for use in the United States in nonprofit school-lunch programs,60 in nonprofit summer camps for children, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served. In the case of (3) the Secretary shall obtain such assurance as he deems necessary that the recipients thereof will not diminish their normal expenditures for food by reason of such donation. In order to facilitate the appropriate disposal of such commodities, the Secretary may from time to time estimate and announce the quantity of such commodities which he anticipates will become available for distribution under (3). The Commodity Credit Corporation may pay, with respect to commodities disposed of under this section, reprocessing, packaging, transporting, handling, and other charges accruing up to the time of their delivery to a Federal agency or to the designated State or private agency. In addition, in the case of food commodities disposed of under this section, the Commodity Credit Corporation may pay the cost of processing such commodities into a form suitable for home or institutional use, such processing to be accomplished

58 The provisions of this section were substituted for the previous provisions by Sec. 302 of the Agricultural Trade Development and Assistance Act of 1954, P.L. 480, 83rd Cong., 68 Stat. 458, July 10, 1954. See Sec. 9 of P.L. 85-931, 72 Stat. 1792, Sept. 6, 1958 (on p. 238) providing for distribution of commodities under Sec. 416 to overseas areas under the jurisdiction or administration of the United States.

The Food for Peace Act of 1966, P.L. 89-808, 80 Stat. 1538, Nov. 11, 1966, deleted all references to foreign donations from Sec. 416, effective Jan. 1, 1967.

59 The words "whether in private stocks or" were added by P.L. 86-108, 73 Stat. 250, July 24, 1959.

60 See P.L. 86-756, 74 Stat. 899, Sept. 13, 1960. (p. 237) authorizing the use of sur plus foods for training home economics students.

61 The words "in nonprofit summer camps for children" were added by P.L. 85-482, 72 Stat. 286, July 2, 1958.

rough private trade facilities to the greatest extent possible.62 For he purpose of this section the terms "State" and "United States" inude the District of Columbia and any Territory or possession of the nited States. Dairy products acquired by the Commodity Credit orporation through price support operations may, insofar as they in be used in the United States in nonprofit school lunch and other onprofit child feeding programs, in the assistance of needy persons, nd in charitable institutions, including hospitals, to the extent that eedy persons are served, be donated for any such use prior to any her use or disposition.63 No person who is eligible (or upon applicaon would be eligible) to receive supplemental security income under tle XVI of such Act shall be eligible to participate in any program onducted under this section (other than nonprofit child feeding prorams or programs under which commodities are distributed on an nergency or temporary basis and eligibility for participation thereis not based upon the income or resources of the individual or amily).64 (7 U.S.C. 1431).

SEC. 417. [This section amended sections of the Farm Credit Act f 1933 (12 U.S.C. 1134c,j) which were repealed by P.L. 92–181, 5 Stat. 624, Dec. 10, 1971.]

SECS. 418 and 419. [These sections contain amendments to the Agriultural Adjustment Act of 1938. These amendments are included in hat Act as it appears in this Compilation.]

PRICE SUPPORT FOR COTTONSEED

SEC. 420.65 Any price support program in effect on cottonseed or ny of its products shall be extended to the same seed and products f the cottons defined under section 347 (a) of the Agricultural djustment Act of 1938, as amended. (7 U.S.C. 1432.)

SEC. 421. [This section was added by the Act of September 11, 964, 78 Stat. 927. It appears in the subpart on Disaster Relief.]

62 This sentence was added by the Agricultural Act of 1956, P.L. 84-540, 70 Stat. 203, ay 28, 1956.

63 This sentence was added by P.L. 91-233, 84 Stat. 199, April 17, 1970.

es See footnote 6a on p. 235.

This section was added by P.L. 82-585, 66 Stat. 759, July 17, 1952. See also Sec. 03 of this Act.