The text of the bill below is as of Nov 29, 1983 (Passed Congress).
You are reading a bill enacted 14,363 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
Summary of this bill
Source: Wikipedia
The Dairy and Tobacco Adjustment Act of 1983 (P.L. 98-180) is a United States federal law.
This summary is from Wikipedia.
97 STAT. 1128 PUBLIC LAW 98-180—NOV. 29, 1983
Public Law 98-180
98th Congress
An Act
Nov. 29, 1983 To stabilize the supply and demand for dairy products, to make modifications in the
rjj u 3385] tobacco production adjustment program, to provide emergency livestock feed assist-
"• • • •* ance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
Dairy and United States of America in Congress assembled, That this Act may
AdjSmentAct ^ ^^*®^ ^ **^® "Dairy and Tobacco Adjustment Act of 1983'\
of 1983.
7 u s e 1421 note. TITLE I—DAIRY
Dairy
Production
StabUization Act SHORT TITLE
of 1983.
7 use 1421 note. SEC. 101. This title may be cited as the "Dairy Production Stabili-
zation Act of 1983".
Subtitle A—Dairy Stabilization Program
DAIRY PRODUCTION STABIUZATION
SEC. 102. (a) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C.
1446(d)) is amended to read as follows:
"(d) Notwithstanding any other provision of law—
"(1)(A) Effective for the period beginning with the date of
Supra. enactment of the Dairy Production Stabilization Act of 1983 and
ending on the last day of the month of enactment of such Act,
the price of milk shall be supported at a rate equivalent to
$13.10 per hundredweight for milk containing 3.67 per centum
milkfat.
"(B) Effective for the period beginning on the first day of the
first calendar month following the date of enactment of the
Dairy Production Stabilization Act of 1983 and ending on Sep-
tember 30, 1985, the price of milk shall be supported at a rate
equivalent to $12.60 per hundredweight for milk containing 3.67
per centum milkfat, except that—
"(i) on April 1, 1985, if the Secretary estimates that for
the twelve-month period beginning on such date net price
support purchases of milk or the products of milk would be
in excess of six billion pounds milk equivalent, the Secre-
tary may reduce the price support rate in effect on such
date in the amount of 50 cents per hundredweight; and
"(ii) on July 1,1985—
"(I) if the Secretary estimates that for the twelve-
month period beginning on such date net price support
purchases of milk or the products of milk would be in
excess of five billion pounds milk equivalent, the Secre-
tary may reduce the price support rate in effect on such
date in the amount of 50 cents per hundredweight; or
"(II) if the Secretary estimates that for the twelve-
month period beginning on such date net price support
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1129
purchases of milk or the products of milk would be five
billion pounds milk equivalent or less and if the Secre-
tary determines it necessary in order to assure an
adequate supply of pure and wholesome milk to meet
current needs, the Secretary may increase the price
support rate in effect on such date in an amount not
less than 50 cents per hundredweight.
"(C) The price of milk shall be supported through the pur-
chase of milk and the products of milk.
"(2XA)(i) Effective for the period beginning with the first day
of the first calendar month following the date of enactment of
the Dairy Production Stabilization Act of 1983 and ending on Ante, p. 1128.
March 31,1985, to encourage the adjustment of milk production
to levels consistent with the national demand for milk and the
products of milk, the Secretary shall provide for a reduction of
50 cents per hundredweight to be made in the price received on
all milk produced in the United States and marketed by produc-
ers for commercial use.
"(ii) Effective for the period beginning with the date of enact-
ment of the Dairy Production Stabilization Act of 1983 and
ending on the last day of the month of enactment of such Act,
the provisions of paragraphs (2) through (7) of subsection (d) of
this section, as in effect on the day immediately prior to the
date of enactment of the Dairy Production Stabilization Act of
1983, shall be applicable to all milk produced in the United
States and marketed by producers for commercial use. Enact-
ment of the Dairy Production Stabilization Act of 1983 shall not
affect in any manner the collection or enforcement of any
deduction from the price of milk previously implemented by the
Secretary under this subsection as in effect for any milk mar-
keted for commercial use prior to the effective date of the
reduction provided for in this paragraph, as added by section
102(a) of the Dairy Production Stabilization Act of 1983.
"(B) The funds represented by the reduction in the price Commodity
required to be applied to the marketings of milk by a producer Credit
Corporation,
under subparagraph (A) shall be collected and remitted to the collection of
Commodity Credit Corporation, at such time and in such fimds.
manner as prescribed by the Secretary, by each person making
payment to a producer for milk purchased from the producer,
except that in the case of a producer who markets milk of the
producer's own production directly to consumers, such funds
shall be remitted directly to the Corporation by the producer.
"(C) To the extent that funds collected under this paragraph
are inadequate to make the payments to producers who reduce
marketings under paragraph (3), such payments shall be made
using funds otherwise available to the Corporation. The funds
remitted to the Corporation under this paragraph shall be
considered as included in the payments to a producer of milk for
purposes of the minimum price provisions of the Agricultural
Adjustment Act of 1933, as reenacted and amended by the 7 u s e 601 note.
Agricultural Marketing Agreement Act of 1937. 7 u s e 674.
"(3)(A) The Secretary shall, not later than January 1, 1984, Milk diversion
program.
provide for a milk diversion program under which the Secretary Contract offer.
shall offer to enter into a contract, at any time up to February
1, 1984, with any producer of milk in the United States for the
purpose of reducing the quantity of milk marketed by the
producer for commercial use during the fifteen-month period
97 STAT. 1130 PUBLIC LAW 98-180—NOV. 29, 1983
Milk reduction beginning on January 1, 1984. Each producer of milk in the
plan, submittal
to Secretary. United States seeking to enter into a contract for diversion
payments under this paragraph shall, prior to entering into
such contract, provide the Secretary with a plan that (i)
describes the manner in which the producer intends to achieve
the reduction in milk marketings that would be required under
such contract, and (ii) includes an estimate by the producer of
the amount of such reduction which the producer intends to
achieve through increased slaughter of dairy cattle (including
the approximate number of dairy cattle that will be sold for
slaughter during each month of the contract). In setting the
terms and conditions of such contracts, the Secretary shall take
into account any adverse impact of the reductions in milk
production on beef, pork, and poultry producers in the United
States and shall take all feasible steps to minimize such impact.
Contract "(B) Each such contract shall require that—
requirements. "(i) the producer shall reduce the quantity of milk mar-
keted for commercial use in an amount equal to a percent-
age specified by the producer, but not less than 5 per
centum nor more than 30 per centum, of the quantity of
milk marketed by such producer for commercial use during
the marketing history period described in subparagraph (F);
"(ii) any production capacity of a facility that becomes
available for use because a producer reduces milk produc-
tion in order to comply with the contract shall not be used
by the producer, or made available by the producer for use
by any other person, for the production of milk;
"(iii) any dairy cattle that would or could have been used
by the producer for the production of milk if the producer
had not entered into and complied with such contract shall
not have been sold, leased, or otherwise transferred to
another person after November 8,1983, except as permitted
by the Secretary up to the date of enactment of the Dairy
Ante, p. 1128. Production Stabilization Act of 1983 in order to further the
purposes of this Act, or unless such cattle are sold for
slaughter or sold or transferred to another producer with
respect to whom there is in effect a contract entered into
under this subsection, except that the Secretary may, to the
extent practicable and to the extent deemed consistent with
the goals of the diversion program, permit the sale of
registered, purebred cattle for breeding purposes subject to
such terms and conditions as the Secretary may prescribe
based on a history of such sales by the producer or the sale
or transfer of any dairy cattle if the Secretary determines
that such sale or transfer does not result in adversely
affecting the purpose of the program; and
Payment. "(iv) the producer shall repay to the Secretary the entire
payment received under this paragraph, including simple
interest payable at a rate prescribed by the Secretary which
shall, to the extent practicable, reflect the cost to the
Corporation of its borrowings from the United States Treas-
ury, commencing on the date payment is first received
under this paragraph, if the producer fails to comply with
such contract.
"(C) Except as provided in subparagraph (D), the Secretary
shall pay to a producer who complies with a contract, entered
into under this paragraph, an amount equal to the product of
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1131
$10 per hundredweight and the amount, measured in hundred-
weights, by which the quantity of milk marketed by such
producer for commercial use during the period specified in such
contract is less than the quantity of milk marketed by such
producer for commercial use during the marketing history
period.
"(D) No payment may be made under subparagraph (C) to a Payment
producer with respect to— restrictions.
"(i) any reduction in the quantity of milk marketed by
the producer for commercial use that exceeds the lesser of
30 per centum of the aggregate quantity of milk marketed
by the producer for commercial use during the producer's
marketing history period, or the sum of—
"(I) the reduction in the quantity of milk marketed
for commercial use required under the provisions of the
contract the producer has entered into under this para-
graph, after emy adjustment by the Secretary under
subparagraph (E); and
"(II) 3 per centum of the quantity of milk marketed
by the producer for commercial use during such pro-
ducer's marketing history period;
"(ii) any reduction in the quantity of milk marketed by
the producer for commercial use if such reduction is less
than the larger of 5 per centum of the aggregate quantity of
milk marketed by the producer for commercial use during
the producer's marketing history period, or the difference
between—
"(I) the reduction in the quantity of milk marketed
for commercial use required under the provisions of the
contract the producer has entered into under this para-
graph, after any adjustment by the Secretary under
subparagraph (E); and
"(II) 3 per centum of the quantity of milk marketed
by the producer for commercial use during such pro-
ducer's marketing history period;
"(iii) except as provided in subparagraph (H), any reduc-
tion in the quantity of milk marketed for commercial use
by a producer who, as determined by the Secretary, was not
actively engaged in the production of milk for commercial
use as of the date of enactment of the Dairy Production
Stabilization Act of 1983; and Ante, p. 1128.
"(iv) any reduction in the quantity of milk marketed for
commercial use by a producer who violates any require-
ment specified in this paragraph.
"(E) The Secretary may, in accordance with such rules or Contract
procedures as prescribed by the Secretary, modify contracts modification.
entered into under this paragraph if the Secretary determines
that, as a result of contracts entered into under this paragraph,
(i) there would be an excessive reduction in the level of milk
production in the United States, or (ii) there has been a substan-
tial hardship to producers of beef cattle, dairy cattle, hogs, or
poultry sold for slaughter. If, under the provisions of clause (ii),
the Secretary should specify a reduction in marketings in any
quarter that is less than the percentage specified in the con-
tract, such modification shall not be so great as to require the
producer to make a reduction in excess of 150 per centum of the
reduction required by the contract in any succeeding quarter:
97 STAT. 1132 PUBLIC LAW 98-180—NOV. 29, 1983
Provided, That after making any adjustments in milk marketed
for commercial use in any period of the contract, except to the
extent required by the foregoing provisions of this sentence, the
aggregate reduction in milk marketed for commercial use for
the entire diversion period must continue to be at least equal to
the total reduction required by the contract. In the event of a
modification, under clause (i) of this subparagraph, the Secre-
tary may reduce the required reduction among all contracts on
such basis as the Secretary determines will serve to reduce
future dairy surpluses. In no event shall any reduction under
this paragraph be apportioned on the basis of geographic region
or area.
Diversion "(F) Any producer of milk in the United States seeking to
payments. enter into a contract for diversion payments under this para-
graph shall provide the Secretary with evidence of such produc-
Marketing er's marketing history. The marketing history shall be the
history. marketings of milk by such producer for commercial use during
calendar year 1982 (with production during the January
through March quarter to be counted by the Secretary as
corresponding to both the first and the last quarters of the
fifteen-month diversion contract) or, at the option of the pro-
ducer, the average marketings of milk by the producer during
calendar years 1981 and 1982 (with production during the Janu-
ary through March quarter of each such year to be counted by
the Secretary as corresponding to both the first and last quar-
ters of the fifteen-month diversion contract). The producer's
marketing history may be adjusted as the Secretary determines
necessary to correct for abnormally low production resulting
from a natural disaster or other condition beyond the control of
the producer or such other factors as the Secretary determines
necessary to provide a fair and equitable marketing history.
"(G) No marketing history shall be assigned to any producer
who commenced marketing of milk after December 31, 1982,
except as provided in subparagraph (H).
"(H) A producer's marketing history established under this
paragraph shall not be transferable to any other person, unless
the entire milk production facility used by the producer to
produce milk for commercial use during the marketing history
period and the producer's entire dairy herd were transferred by
reason of the death of the producer, by reason of a gift from the
producer, or to a member or members of the family of the
"Member of the producer. The term 'member of the family of the producer'
family of the means (i) an ancestor of the producer, (ii) the spouse of the
producer." producer, (iii) a lineal descendant of the producer, or the produc-
er's spouse, or a parent of the producer, or (iv) the spouse of any
such lineal descendant.
"(I) Eligibility for diversion payments shall be determined on
the basis of the marketing history provided for in subparagraph
(F).
"(J)(i) Producers eligible for diversion payments shall apply
for such payments at the end of each quarter. Payment may be
made to any producer who can establish that marketings of
milk by such producer for commercial use have been reduced
from the level of marketings during the corresponding period of
the marketing history period in an amount as specified by the
Secretary for each quarter in the contract: Provided, That the
aggregate quantity of such reductions for the entire diversion
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1133
period must be at least equal to the total reduction required by
the contract. Prior to approving such payment, the Secretary
shall require evidence that such reduction in marketings has
taken place. As part of such evidence, the producer shall certify, Certification of
in a form specified by the Secretary, that such reduction is a net reduction.
decrease in marketings of milk for commercial use and has not
been offset by expansion of production in other production
facilities in which the producer has an interest, or by transfer of
partial interest in the production facility, or by employment of
such other scheme or device to qualify for payment for which
such producer would otherwise not be eligible.
"(ii) Payments made under this paragraph during the con- Settlement.
tract period shall be considered preliminary settlements for
reductions in marketings. A final settlement shall be made
following the end of the contract period and shall be based on
the volume of marketings for the entire contract period. If, Overpayment
based on total marketings for the contract period, it is recovery.
determined that preliminary settlements have resulted in over-
payments to the producer, the Secretary shall recover such
overpayments from such producer.
"(K) Application for payment shall be made by producers
through the county committees established under section 8(b) of
the Soil Conservation and Domestic Allotment Act. 16 u s e 590h.
"(L) A producer may assign a contract entered into under this Contract
paragraph only if— assignment.
"(i) the producer's interest in the entire milk production
facility and the entire dairy herd used by the producer to
produce milk for commercial marketings have been trans-
ferred as a unit to the person to whom the assignment is to
be made;
"(ii) the assignee is a person to whom the producer's
marketing history may be transferred under subparagraph
(H);
"(iii) the producer and the assignee agree in writing that
the assignee shall succeed to all rights and liabilities of the
producer under the contract; and
"(iv) a copy of such writing is submitted to the Secretary
before the transfer occurs.
"(M) A contract entered into under this paragraph by a
producer who by reason of death cannot perform or assign such
contract may be performed or assigned, in accordance with
subparagraph (L), by the estate of such producer.
"(N) If the provisions for reductions in the price received for Payment
milk marketed for commercial use as provided for in paragraph suspension.
(2) are held to be invalid by any court, or the Secretary is
restrained or enjoined by any court from implementing such
provisions, the Secretary shall immediately suspend making
any diversion payments under this paragraph for the period
beginning with the date of such court action and shall resume
making such payments only if such court action is overruled,
stayed, or terminated.
"(O) If the Secretary determines that there has been a Payment
marked deviation in the composition of milk marketed for adjustment.
commercial use by a producer from that of such producer's
marketings during the marketing history period, an adjustment
as determined appropriate by the Secretary shall be made in
97 STAT. 1134 PUBLIC LAW 98-180—NOV. 29, 1983
the producer's diversion pajmients to reflect the composition of
milk marketed during the marketing history period.
Records and "(4) Each producer who markets milk and each person required
reports. to make payment to the Corporation under this subsection shall
keep such records and make such reports, in such manner, as the
Investigations. Secretary determines necessary to carry out this subsection. The
Secretary may make such investigations as the Secretary deems
necessary for the effective administration of this subsection or to
determine whether any person subject to the provisons of this
subsection has engaged or is engaged or is about to engage in any
act or practice that constitutes or will constitute a violation of any
provision of this subsection or regulation issued under this
subsection. For the purpose of such investigation, the Secretary
may administer oaths and affirmations, subpena witnesses,
compel their attendance, take evidence, and require the produc-
tion of any records that are relevant to the inquiry. Such
attendance of witnesses and the production of any such records
U.S. courts, may be required from any place in the United States. In case of
assistance. contumacy by, or refusal to obey a subpena to, any person, the
Secretary may invoke the aid of any court of the United States
within the jurisdiction of which such investigation or proceed-
ing is carried on, or where such person resides or carries on
business, in requiring the attendance and testimony of wit-
nesses and the production of records. Such court may issue an
order requiring such person to appear before the Secretary to
produce records or to give testimony on the matter under
investigation. Any failure to obey such order of the court may
be punished by such court as a contempt thereof. All process in
any such case may be served in the judicial district of which
such person is an inhabitant or wherever such person may be
found.
"(5)(A) The district courts of the United States are vested with
jurisdiction specifically to enforce, and to prevent and restrain
any person from violating, any provision of this subsection or
any regulation issued under this subsection. Any such civil
action authorized to be brought under this subsection shall be
referred to the Attorney General for appropriate action. The
Secretary is not required, however, to refer to the Attorney
General minor violations of this subsection whenever the Secre-
tary believes that the administration and enforcement of this
subsection would be adequately served by suitable written
notice or warning to any person committing such violation.
Penalties. "(B) Each person (i) as to whom there is a failure to make a
reduction in the price of milk received by such person as
required by paragraph (2), (ii) who fails to remit to the Corpora-
tion the funds required to be collected and remitted by para-
graph (2)(B), or (iii) who fails to make the reduction in market-
ings required by a contract under paragraph (3) shall be liable,
in addition to any amount due, to a marketing penalty at a rate
equal to the support price for milk in effect at the time the
failure occurs on the quantity of milk as to which the failure
applies. The Secretary may reduce any such marketing penalty
in such amount as the Secretary determines equitable in any
case in which the Secretary determines that the failure was
unintentional or without knowledge on the part of the person
concerned. Each person who knowingly violates any other provi-
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1135
sion of this subsection, or any regulation issued under this
subsection, shall be liable for a civil penalty of not more than
$1,000 for each such violation. Any penalty provided for under
this subparagraph shall be assessed by the Secretary after
notice and opportunity for a hearing.
"(C) Any person against whom a penalty is assessed under Penalty review,
subparagraph (B) may obtain review of such penalty in an
appropriate district court of the United States by filing a civil
action in such court not later than thirty days after such
penalty is imposed. The Secretary shall promptly file in such
court a certified copy of the record upon which the penalty is
based. The findings of the Secretary may be set aside only if
found to be unsupported by substantial evidence.
"(D) The district courts of the United States shall have juris- Enforcement,
diction to review and enforce any penalty imposed under sub-
paragraph (B).
"(E) The remedies provided in this paragraph shall be in
addition to, and not exclusive of, other remedies that may be
available.
"(F) In carrying out this subsection, the Secretary may, as the
Secretary deems appropriate—
"(i) use the services of State and county committees
established under section 8(b) of the Soil Conservation and
Domestic Allotment Act; and 16 USC 590h.
"(ii) enter into agreements to use, on a reimbursable or
nonreimbursable basis, the services of administrators of
Federal milk marketing orders and State milk marketing
programs.
"(6) Thfe term 'United States' as used in paragraphs (2) and (3) "United States."
of this subsection means the forty-eight contiguous States in the
continental United States.".
Oo) The Secretary of Agriculture shall implement the provisions of "7 USC 1446 note,
section 201(d) of the Agricultural Act of 1949, as amended by 7 use 1446.
subsection (a) of this section, without regard to the provisions requir-
ing notice and other procedures for public participation in rulemak-
ing contained in section 553 of title 5, United States Code, or in any
directive of the Secretary.
AVOIDANCE OF ADVERSE IMPACT OF DAIRY DIVERSION PROGRAM ON
BEEF AND PORK PRODUCERS
SEC. 103. In order to minimize the adverse impact of the dairy 7 USC 1446 note,
diversion program on beef and pork producers in the United States
during the period the diversion program is in effect—
(1) the Secretary of Agriculture shall, to the maximum extent
practicable, use funds available for the purposes of clause (2) of
section 32 of Public Law No, 320, 74th Congress (7 U.S.C. 612c)
and other funds available to the Secretary under the commodity
distribution and other nutrition programs of the Department of
Agriculture to increase the use of beef and pork for such
purposes;
(2) the Secretary of Defense and other Federal and State
agencies are encouraged to use increased quantities of beef and
pork to meet the food needs of the programs which they admin-
ister; and
97 STAT. 1136 PUBLIC LAW 98-180—NOV. 29, 1983
(3) the Secretary of Agriculture shall take appropriate action
to encourage the consumption of beef and pork by members of
the public.
Subtitle B—Dairy Promotion Program
FINDINGS AND DECLARATION OF POLICY
7 use 4501. SEC. 110. (a) Congress finds that—
(1) dairy products are beisic foods that are a valuable part of
the human diet;
(2) the production of dairy products plays a significant role in
the Nation's economy, the milk from which dairy products are
manufactured is produced by thousands of milk producers, and
dairy products are consumed by millions of people throughout
the United States;
(3) dairy products must be readily available and marketed
efficiently to ensure that the people of the United States receive
adequate nourishment;
(4) the maintenance and expansion of existing markets for
dairy products are vital to the welfare of milk producers and
those concerned with marketing, using, and producing dairy
products, as well as to the general economy of the Nation; and
(5) dairy products move in interstate and foreign commerce,
and dairy products that do not move in such channels of com-
merce directly burden or affect interstate commerce of dairy
products.
Ok)) It, therefore, is declared to be the policy of Congress that it is in
the public interest to authorize the establishment, through the
exercise of the powers provided herein, of an orderly procedure for
financing (through assessments on all milk produced in the United
States for commercied use) and carr3dng out a coordinated program
of promotion designed to strengthen the dairy industry's position in
the marketplace and to maintain and expand domestic and foreign
markets and uses for fluid milk and dairy products produced in the
United States. Nothing in this subtitle may be construed to provide
for the control of production or otherwise limit the right of indi-
vidual milk producers to produce milk.
DEFINITIONS
7 use 4502. SEC. 111. As used in this subtitle—
(a) the term "Board" means the National Dairy Promotion
and Research Board established under section 113 of this sub-
title;
Ot>) the term "Department" means the Department of Agricul-
ture;
(c) the term "Secretary" means the Secretary of Agriculture;
(d) the term "milk" means any class of cow's milk produced in
the United States;
(e) the term "dairy products" means products manufactured
for human consumption which are derived from the processing
of milk, and includes fluid milk products;
(0 the term "fluid milk products" means those milk products
normally consumed in liquid form as a beverage;
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1137
(g) the term "person" means any individual, group of individ-
uals, partnership, corporation, association, cooperative, or any
other entity;
(h) the term "producer" means any person engaged in the
production of milk for commercial use;
(i) the term "promotion" means actions such as paid advertis-
ing, sales promotion, and publicity to advance the image and
sales of and demand for dairy products;
(j) the term "research" means studies testing the effectiveness
of market development and promotion efforts, studies relating
to the nutritional value of milk and dairy products, and other
related efforts to expand demand for milk and dairy products;
(k) the term "nutrition education" means those activities
intended to broaden the understanding of sound nutritional
principles including the role of milk and dairy products in a
balanced diet; and
(1) the term "United States" as used in sections 110 through
117 means the forty-eight contiguous States in the continental
United States.
ISSUANCE OF ORDERS
SEC. 112. (a) During the period beginning with the date of enact- Public
ment of this subtitle and ending thirty days after receipt of a comments.
proposal for an initial dairy products promotion and research order, 7 u s e 4503.
the Secretary shall publish such proposed order and give due notice
and opportunity for public comment upon the proposed order. The
proposal for an order may be submitted by an organization certified
under section 114 of this subtitle or by any interested person
affected by the provisions of this subtitle.
(b) After notice and opportunity for public comment are given, as
provided for in subsection (a) of this section, the Secretary shall
issue a dairy products promotion and research order. Such order
shall become effective not later than ninety days following publica-
tion of the proposal.
(c) The Secretary may, from time to time, amend a dairy products
promotion and research order.
REQUIRED TERMS IN ORDERS
SEC. 113. Any order issued under this subtitle shall contain terms 7 use 4504
and conditions as follows:
(a) The order shall provide for the establishment and administra-
tion of appropriate plans or projects for advertisement and promo-
tion of the sale and consumption of dairy products, for research
projects related thereto, for nutrition education projects, and for the
disbursement of necessary funds for such purposes. Any such plan
or project shall be directed toward the sale and marketing or use of
dairy products to the end that the marketing and use of dairy
products may be encouraged, expanded, improved, or made more
acceptable. No such advertising or sales promotion program shall
make use of unfair or deceptive acts or practices with respect to the
quality, value, or use of any competing product.
Go) The order shall provide for the establishment and appointment National Dairy
by the Secretary of a National Dairy Promotion and Research Board Promotion and
Research Board.
that shall consist of not less than thirty-six members. Members of Establishment.
the Board shall be milk producers appointed by the Secretary from
97 STAT. 1138 PUBLIC LAW 98-180—NOV. 29, 1983
nominations submitted by eligible organizations certified under sec-
tion 114 of this subtitle, or, if the Secretary determines that a
substantial number of milk producers are not members of, or their
interests are not represented by, any such eligible organization,
then from nominations made by such milk producers in the manner
Geographic authorized by the Secretary. In making such appointments, the
representation. Secretary shall take into account, to the extent practicable, the
geographical distribution of milk production volume throughout the
United States. In determining geographic representation, whole
States shall be considered as a unit. A region may be represented by
more than one director and a region may be made up of more than
one State. The term of appointment to the Board shall be for three
years with no member serving more than two consecutive terms,
except that initial appointments shall be proportionately for one-
Executive year, two-year, and three-year terms. The Board shall appoint from
committee. its members an executive committee whose membership shall
equally reflect each of the different regions in the United States in
which milk is produced. The executive committee shall have such
duties and powers as are conferred upon it by the Board. Board
members shall serve without compensation, but shall be reimbursed
for their reasonable expenses incurred in performing their duties as
members of the Board including a per diem allowance as recom-
mended by the Board and approved by the Secretary.
Powers and (c) The order shall define the powers and duties of the Board that
duties. shall include only the powers enumerated in this section. These
shall include, in addition to the powers set forth elsewhere in this
section, the powers to (1) receive and evaluate, or on its own
initiative develop, and budget for plans or projects to promote the
use of fluid milk and dairy products as well as projects for research
and nutrition education and to make recommendations to the Secre-
tary regarding such proposals, (2) administer the order in accord-
ance with its terms and provisions, (3) make rules and regulations to
effectuate the terms and provisions of the order, (4) receive, investi-
gate, and report to the Secretary complaints of violations of the
order, and (5) recommend to the Secretary amendments to the order.
The Board shall solicit, among others, research proposals that would
increase the use of fluid milk and dairy products by the military and
by persons in developing nations, and that would demonstrate the
feasibility of converting surplus nonfat dry milk to casein for domes-
tic and export use.
(d) The order shall provide that the Board shall develop and
submit to the Secretary for approval any promotion, research, or
nutrition education plan or project and that any such plan or project
must be approved by the Secretary before becoming effective.
Budget approval. (e) The order shall require the Board to submit to the Secretary
for approval budgets on a fiscal period basis of its anticipated
expenses and disbursements in the administration of the order,
including projected costs of dairy products promotion and research
projects.
Agreements. (f) The order shall provide that the Board, with the approval of the
Secretary, may enter into agreements for the development and
conduct of the activities authorized under the order as specified in
subsection (a) and for the payment of the cost thereof with funds
collected through assessments under the order. Any such agreement
shall provide that (1) the contracting party shall develop and submit
to the Board a plan or project together with a budget or budgets that
shall show estimated costs to be incurred for such plan or project, (2)
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1139
the plan or project shall become effective upon the approval of the
Secretary, and (3) the contracting party shall keep accurate records
of all of its transactions, account for funds received and expended,
and make periodic reports to the Board of activities conducted, and
such other reports as the Secretary or the Board may require.
(g) The order shall provide that each person making payment to a Assessments.
producer for milk produced in the United States and purchased
from the producer shall, in the manner as prescribed by the order,
collect an assessment b£ised upon the number of hundredweights of
milk for commercial use handled for the account of the producer
and remit the assessment to the Board. The assessment shall be
used for payment of the expenses in administering the order, with
provision for a reasonable reserve, and shall include those adminis-
trative costs incurred by the Department after an order has been
promulgated under this subtitle. The rate of assessment prescribed
by the order shall be 15 cents per hundredweight of milk for
commercial use or the equivalent thereof. A milk producer or the
producer's cooperative who can establish that the producer is par-
ticipating in active, ongoing qualified State or regional dairy prod-
uct promotion or nutrition education programs intended to increase
consumption of milk and dairy products generally shall receive
credit in determining the assessment due from such producer for
contributions to such programs of up to 10 cents per hundredweight
of milk marketed or, for the period ending six months after the date
of enactment of this Act, up to the aggregate rate in effect on the
date of enactment of this Act of such contributions to such programs
O^ut not to exceed 15 cents per hundredweight of milk marketed) if
such aggregate rate exceeds 10 cents per hundredweight of milk
marketed. Any person marketing milk of that person's own produc-
tion directly to consumers shall remit the assessment directly to the
Board in the manner prescribed by the order.
(h) The order shall require the Board to (1) maintain such books Records and
and records (which shall be available to the Secretary for inspection reports.
and audit) as the Secretary may prescribe, (2) prepare and submit to
the Secretary, from time to time, such reports as the Secretary may
prescribe, and (3) account for the receipt and disbursement of all
funds entrusted to it.
(i) The order shall provide that the Board, with the approval of the Investments.
Secretary, may invest, pending disbursement under a plan or
project, funds collected through assessments authorized under this
subtitle only in obligations of the United States or any agency
thereof, in general obligations of any State or any political subdivi-
sion thereof, in any interest-bearing account or certificate of deposit
of a bank that is a member of the Federal Reserve System, or in
obligations fully guaranteed as to principal and interest by the
United States.
(j) The order shall prohibit any funds collected by the Board Governmental
under the order from being used in any manner for the purpose of policy,
restriction of
influencing governmental policy or action except as provided by influence.
subsection (c)(5).
(k) The order shall require that each person receiving milk from Records and
farmers for commercial use, and any person marketing milk of that reports.
person's own production directly to consumers, maintain and make
available for inspection such books and records as may be required
by the order and file reports at the time, in the manner, and having
the content prescribed by the order. Such information shall be made
available to the Secretary as is appropriate to the administration or
97 STAT. 1140 PUBLIC LAW 98-180—NOV. 29, 1983
enforcement of this subtitle, or any order or regulation issued under
Information, this subtitle. All information so obtained shall be kept confidential
confidentiality. by all officers and employees of the Department, and only such
information so obtained as the Secretary deems relevant may be
disclosed by them and then only in a suit or administrative hearing
brought at the request of the Secretary, or to which the Secretary or
any officer of the United States is a party, and involving the order
with reference to which the information to be disclosed was ob-
tained. Nothing in this subsection may be deemed to prohibit (1) the
issuance of general statements, based upon the reports, of the
number of persons subject to an order or statistical data collected
therefrom, which statements do not identify the information fur-
nished by any person, or (2) the publication, by direction of the
Secretary, of the name of any person violating any order, together
with a statement of the particular provisions of the order violated by
such person. No information obtained under the authority of this
subtitle may be made available to any agency or officer of the
Federal Government for any purpose other than the implementa-
tion of this subtitle and any investigatory or enforcement action
Violations and necessary for the implementation of this subtitle. Any person violat-
penalties. ing the provisions of this subsection shall, upon conviction, be
subject to a fine of not more than $1,000, or to imprisonment for not
more than one year, or both, and, if an officer or employee of the
Board or the Department, shall be removed from office.
(1) The order shall provide terms and conditions, not inconsistent
with the provisions of this subtitle, as necessary to effectuate the
provisions of the order.
CERTIFICATION OF ORGANIZATIONS
7 use 4505. SEC. 114. (a) The eligibility of any organization to represent milk
producers, and to participate in the making of nominations under
section 113 of this subtitle shall be certified by the Secretary. The
Secretary shall certify any organization that the Secretary deter-
mines meets the eligibility criteria established by the Secretary
under this section and the Secretary's determination as to eligibility
shall be final.
0?) Certification shedl be based, in addition to other available
information, on a factual report submitted by the organization,
which shall contain information deemed relevant and specified by
the Secretary, including, but not limited to, the following:
(1) geographic territory covered by the organization's active
membership;
(2) nature and size of the organization's active membership
including the proportion of the total number of active milk
producers represented by the organization;
(3) evidence of stability and permanencv of the organization;
(4) sources from which the organization s operating funds are
derived;
(5) functions of the organization; and
(6) the organization's ability and willingness to further the
aims and objectives of this subtitle.
The primary considerations in determining the eligibility of an
organization shall be whether its membership consists primarily of
milk producers who produce a substantial volume of milk and
whether the primary or overriding interest of the organization is in
the production or processing of fluid milk and dairy products and
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1141
promotion of the nutritional attributes of fluid milk and dairy
products.
REQUIREMENT OF REFERENDUM
SEC. 115. (a) Within the sixty-day period immediately preceding 7 use 4506.
September 30, 1985, the Secretary shall conduct a referendum
among producers who, during a representative period (as deter-
mined by the Secretary), have been engaged in the production of
milk for commercial use for the purpose of ascertaining whether the
order then in effect shall be continued. Such order shall be contin-
ued only if the Secretary determines that it has been approved by
not less than a majority of the producers voting in the referendum,
who during a representative period (as determined by the Secretary)
have been engaged in the production of milk for commercial use. If
continuation of the order is not approved by a majority of the
producers voting in the referendum, the Secretary shall terminate
collection of assessments under the order within six months after
the Secretary determines that such action is favored by a majority
of the producers voting in the referendum and shall terminate the
order in an orderly manner as soon as practicable after such deter-
mination.
Qo) The Secretary shall be reimbursed from assessments collected Expenses,
by the Board for any expenses incurred by the Department in reimbursement.
connection with the conduct of any referendum under this section
and section 116, except for the salaries of Government employees.
SUSPENSION AND TERMINATION OF ORDERS
SEC. 116. (a) After September 30, 1985, the Secretary shall, when- 7 USC 4507.
ever the Secretary finds that any order issued under this subtitle or
any provision thereof obstructs or does not tend to effectuate the
declared policy of this subtitle, terminate or suspend the operation
of such order or such provisions thereof.
(b) After September 30,1985, the Secretary may conduct a referen- Referendum,
dum at any time, and shall hold a referendum on request of a
representative group comprising 10 per centum or more of the
number of producers subject to the order, to determine whether the
producers favor the termination or suspension of the order. The
Secretary shall suspend or terminate collection of assessments
under the order within six months after the Secretary determines
that suspension or termination of the order is favored by a majority
of the producers voting in the referendum who, during a representa-
tive period (as determined by the Secretary), have been engaged
in the production of milk for commercial use and shall terminate
the order in an orderly manner as soon as practicable after such
determination.
(c) The termination or suspension of any order, or any provision
thereof, shall not be considered an order within the meaning of this
subtitle.
COOPERATIVE ASSOCIATION REPRESENTATION
SEC. 117. Whenever, under the provisions of this subtitle, the 7 use 4508.
Secretary is required to determine the approval or disapproval of
producers, the Secretary shall consider the approval or disapproval
by any cooperative association of producers, engaged in a bona fide
manner in marketing milk or the products thereof, as the approval
97 STAT. 1142 PUBLIC LAW 98-180—NOV. 29, 1983
or disapproval of the producers who are members of or under
contract with such cooperative association of producers. If a coopera-
tive association of producers elects to vote on behalf of its members,
such cooperative association shall provide each producer, on whose
behalf the cooperative association is expressing approval or disap-
proval, a description of the question presented in the referendum
together with a statement of the manner in which the cooperative
association intends to cast its vote on behalf of the membership.
Such information shall inform the producer of procedures to follow
to cast an individual ballot should the producer so choose within the
period of time established by the Secretary for casting ballots. Such
notification shall be made at least thirty days prior to the referen-
dum and shall include an official ballot. The ballots shall be tabu-
lated by the Secretary and the vote of the cooperative association
shall be adjusted to reflect such individual votes.
PETITION AND REVIEW
7 u s e 4509. SEC. 118. (a) Any person subject to any order issued under this
subtitle may file with the Secretary a petition stating that any such
order or any provision of such order or any obligation imposed in
connection therewith is not in accordance with law and requesting a
Hearing. modification thereof or an exemption therefrom. The petitioner
shall thereupon be given an opportunity for a hearing on the
petition, in accordance with regulations issued by the Secretary,
After such hearing, the Secretary shall make a ruling on the
petition, which shall be final if in accordance with law.
U.S. district (b) The district courts of the United States in any district in which
courts, such person is an inhabitant or carries on business are hereby
jurisdiction.
vested with jurisdiction to review such ruling, if a complaint for that
purpose is filed within twenty days from the date of the entry of
such ruling. Service of process in such proceedings may be had on
the Secretary by delivering a copy of the complaint to the Secretary.
If the court determines that such ruling is not in accordance with
law, it shall remand such proceedings to the Secretary with direc-
tions either (1) to make such ruling as the court shall determine to
be in accordance with law, or (2) to take such further proceedings as,
in its opinion, the law requires.
ENFORCEMENT
7 u s e 4510. SEC. 119. (a) The district courts of the United States are vested
with jurisdiction specifically to enforce, and to prevent and restrain
any person from violating, any order or regulation made or issued
under this subtitle. Any civil action authorized to be brought under
this subsection shall be referred to the Attorney General for appro-
priate action, except that the Secretary is not required to refer to
the Attorney General minor violations of this subtitle whenever the
Secretary believes that the administration and enforcement of this
subtitle would be adequately served by suitable written notice or
warning to any person committing such violation.
Violations and (b) Any person who willfully violates any provision of any order
penalties. issued by the Secretary under this subtitle shall be assessed a civil
penalty by the Secretary of not more than $1,000 for each such
violation and, in the case of a willful failure to pay, collect, or remit
the assessment as required by the order, in addition to the amount
due, a penalty equal to the amount of the assessment on the
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1143
quantity of milk £is to which the failure applies. The amount of any
such penalty shall accrue to the United States and may be recovered
in a civil suit brought by the United States.
(c) The remedies provided in subsections (a) and (b) of this section
shall be in addition to, and not exclusive of, other remedies that may
be available.
INVESTIGATIONS; POWER TO SUBPENA AND TAKE OATHS AND
AFFIRMATIONS; AID OF COURTS
SEC. 120. The Secretary may make such investigations as the 7 use 4511.
Secretary deems necessary for the effective administration of this
subtitle or to determine whether any person subject to the provi-
sions of this subtitle has engaged or is about to engage in any act
that constitutes or will constitute a violation of any provision of this
subtitle or of any order, or rule or regulation issued under this
subtitle. For the purpose of such investigation, the Secretary may
administer oaths and affirmations, subpena witnesses, compel their
attendance, take evidence, and require the production of any records
that are relevant to the inquiry. Such attendance of witnesses and
the production of any such records may be required from any place
in the United States. In case of contumacy by, or refusal to obey a
subpena to, any person, the Secretary may invoke the aid of any
court of the United States within the jurisdiction of which such
investigation or proceeding is carried on, or where such person
resides or carries on business, in requiring the attendance and
testimony of witnesses and the production of records. The court may
issue an order requiring such person to appear before the Secretary
to produce records or to give testimony touching the matter under
investigation. Any failure to obey such order of the court may be
punished by such court as a contempt thereof. Process in any such
case may be served in the judicial district in which such person is an
inhabitant or wherever such person may be found.
ADMINISTRATIVE PROVISIONS
SEC. 121. (a) Nothing in this subtitle may be construed to preempt 7 use 4512.
or supersede any other program relating to dairy product promotion
organized and operated under the laws of the United States or any
State.
0)) The provisions of this subtitle applicable to orders shall be
applicable to amendments to orders.
AUTHORIZATION
SEC. 122. There are hereby authorized to be appropriated such 7 use 4513.
funds as are necessary to carry out the provisions of this subtitle.
The funds so appropriated shall not be available for payment of the
expenses or expenditures of the Board in administering any provi-
sions of any order issued under the terms of this subtitle.
TITLE II—TOBACCO Tobacco
Adjustment Act
of 1983.
SHORT TITLE
SEC. 201. This title may be cited as the "Tobacco Adjustment Act 7 use 1421 note,
of 1983".
97 STAT. 1144 PUBLIC LAW 98-180—NOV. 29, 1983
PRICE SUPPORT ADJUSTMENTS
SEC. 202. Effective for the 1984 and subsequent crops of tobacco,
Ante, p. 296. section 106 of the Agricultural Act of 1949 (7 U.S.C. 1445) is
amended by adding at the end thereof the following new subsec-
tions:
"(f) Notwithstanding the foregoing provisions of this section—
"(1) For the 1984 crop of Flue-cured tobacco, the support level
shall be the level in cents per pound at which the 1982 crop was
supported.
"(2) For the 1985 crop of Flue-cured tobacco, the support level
shall be the level in cents per pound at which the 1982 crop w£is
supported, plus or minus, respectively, the amount by which (A)
the support level for the 1985 crop, as determined under subsec-
tion (b), is greater or less than (B) the support level for the 1984
crop, as determined under subsection (b), as that difference may
be adjusted by the Secretary under subsection (d) if the support
level under clause (A) is greater than the support level under
clause (B), except that the support level for the 1985 crop shall
be the level in cents per pound at which the 1982 crop was
supported if the support level as determined under subsection
(b) for the 1985 crop would not be more than 5 per centum
greater than the support level as determined under subsection
(b) for the 1984 crop.
"(3) For the 1984 crop of any kind of tobacco (other than Flue-
cured tobacco) for which marketing quotas are in effect or are
not disapproved by producers and for the 1985 crop of any kind
of tobacco (other than Flue-cured and Burley tobacco) for which
marketing quotas are in effect or are not disapproved by pro-
ducers, the Secretary shall establish the support level at such
level as will not narrow the normal price support differential
between Flue-cured tobacco and such other kind of tobacco.
Publication in Before establishing the support level under this paragraph for
Federal any such kind of tobacco the Secretary shall publish in the
Register.
Public comment. Federal Register a notice of the level the Secretary proposes to
establish and give an opportunity for the public to comment on
the proposal. In determining the level to be established under
this paragraph for a particular kind of tobacco, the Secretary
shall take into consideration the cost of producing such kind of
tobacco, the supply and demand conditions for such kind of
tobacco, the comments received in response to the public notice
of the proposal, and such other relevant factors as the Secretary
determines appropriate.
"(4) For the 1985 crop of Burley tobacco and for the 1986 and
each subsequent crop of any kind of tobacco for which market-
ing quotas are in effect or are not disapproved by producers, the
support level shall be the level in cents per pound at which the
immediately preceding crop was supported (or if the level for
that crop was adjusted under subsection (g) the level at which
such crop would have been supported without regard to any
adjustment under subsection (g)), plus or minus, respectively,
the amount by which (A) the support level for the crop for
which the determination is being made, as determined under
subsection (b), is greater or less than (B) the support level for
the immediately preceding crop, as determined under subsec-
tion (b), as that difference may be adjusted by the Secretary
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1145
under subsection (d) if the support level under clause (A) is
greater than the support level under clause (B).
"(gXD Except as provided in paragraph (2), notwithstanding the
provisions of subsections (d) and (f) and section 403, the Secretary, if
requested by the board of directors of the association through which
price support for Flue-cured tobacco is made available to producers,
may (1) designate for any crop certain grades of Flue-cured tobacco
that are eligible for price support Ot)ut representing in the aggregate
not more than 25 per centum of the total quantity of the Flue-cured
tobacco crop that the Secretary estimates will be produced) that the
Secretary determines are of such quantity or quality as to impair
their marketability, and (2) without regard to the weighted average
of the support rates for eligible grades of Flue-cured tobacco deter-
mined under the proviso to the first sentence of subsection (d),
further reduce the support rates for such grades to the extent the
Secretary deems necessary to reflect their market value, but in no
event by more than 12 per centum of the respective support rates
that would otherwise be established under this section.
"(2) Any reduction in the support rates for grades of Flue-cured
tobacco under this subsection shall not be considered in determining
the support levels for subsequent years.".
EUMINATION OF DOUBLE ASSESSMENT; USE OF FUND
SEC. 203. Section 106A(d) of the Agricultural Act of 1949 (7 U.S.C.
1445-l(d)) is amended by—
(1) in paragraph (2), striking out "and subsequent crops" and
inserting in lieu thereof "crop only"; and
(2) in paragraph (3), inserting before the semicolon at the end
thereof the following: ": Provided, That, notwithstanding any
other provision of law, use by the association of moneys in the
Fund, including interest and other earnings, for the purposes of
reducing the association's outstanding indebtedness to the Cor-
poration associated with 1982 and subsequent crops of quota
tobacco and making loan advances to producers is authorized,
and use of such moneys for any other purposes that will be
mutually beneficial to producers who contribute to the Fund
and to the Corporation, shall, if approved by the Secretary, be
considered an appropriate use of the Fund".
NO NET COST TOBACCO ACCOUNT—FLUE-CURED TOBACCO
SEC. 204. Section 106B(a) of the Agricultural Act of 1949 (7 U.S.C.
1445-2(a)) is amended by—
(1) in paragraph (1), striking out ", except that the term does
not include such an association that has entered into such an
agreement to make price support available to producers of Flue-
cured tobacco"; and
(2) in paragraph (5), striking out "except Flue-cured tobacco".
L E A S E A N D T R A N S F E R O F FLUE-CURED TOBACCO; FORFEITURE OF
ALLOTMENT AND QUOTA
SEC. 205. (a) Effective for the 1984 and subsequent crops of tobacco,
section 316(aXl) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314b(a)(l)) is amended to read as follows:
"(aXD Notwithstanding any other provision of law—
97 STAT. 1146 PUBLIC LAW 98-180—NOV. 29, 1983
"(AXi) The Secretary, if the Secretary determines that it will not
impair the effective operation of the tobacco marketing quota or
price support program, may permit the owner and operator of any
farm for which a tobacco acreage allotment (other than a Burley,
Flue-cured, dark air-cured. Fire-cured, Virginia sun-cured and
cigar-binder, type 54 or 55 tobacco acreage allotment) is estab-
lished under this Act to lease and transfer all or any part of such
allotment to any other owner or operator of a farm in the same
county for use in such county on a farm having a current tobacco
allotment of the same kind.
"(ii) The Secretary shall, only with respect to the 1984 through
1986 crops of Flue-cured tobacco, permit the owner of a farm to
which a Flue-cured tobacco acreage allotment or quota is assigned
under this Act to lease and transfer all or any part of such
allotment or quota to any other owner or operator of a farm in the
same county for use in such county on a farm having a current
Flue-cured tobacco acreage allotment or quota except that for the
1985 and 1986 crops such lease and transfer shall be permitted only
if (except as otherwise provided in paragraph (2XA)) the parties to
the lease file a copy of the lease agreement with the county
committee for the county in which the farms are located, together
with a written statement certifying that none of the consideration
for the lease has been or will be paid to the lessor, either directly or
indirectly in any form including a loan by the lessee to the lessor,
the endorsement of a note by the lessee for the lessor, or any other
similar arrangement which represents the anticipated income for
the lease, prior to the marketing of the tobacco produced under the
lease and that the lease and transfer is otherwise in compliance
Regulations. with the provisions of this section. Beginning with the 1985 crop,
the Secretary shall promulgate regulations establishing, insofar
as is reasonably practicable, a similar requirement providing that
none of the consideration for the lease of any Flue-cured tobacco
acreage allotment and quota may be paid to the lessor prior to the
marketing of the tobacco produced under the lease. The Secretary
shall also require that any seller of a Flue-cured tobacco allotment
and quota grant to the buyer an option to make payment therefore
in equal annual installments payable each fall for a period not to
exceed five years from the year in which the sale is made. With
respect to the 1987 and subsequent crops of Flue-cured tobacco, the
Secretary shall not permit the lease and transfer of Flue-cured
tobacco acreage allotments and quotas.
Notice; hearing. "(B) If, after notice and opportunity for a hearing, the county
committee determines that the lessee or the lessor of a Flue-
cured tobacco acreage allotment or quota knowingly made a
false statement in the written statement filed under subpara-
graph (A), (i) in the case of a false statement knowingly made by
the lessee, the lease agreement for purposes of the Flue-cured
tobacco marketing quota program with respect to the lessee's
farm shall be considered null and void as of the date approved
by the county committee or (ii) in the case of a false statement
knowingly made by the lessor, the Flue-cured tobacco allotment
and quota next established for the farm of the lessor shall be
PUBLIC LAW 98-180—NOV. 29,1983 97 STAT. 1147
reduced by the percentage which the leased allotment or quota
was of the total Flue-cured tobacco allotment or quota for the
farm. Notice of any determination made by the county commit-
tee under the preceding provision shall be mailed as soon as
practicable to the lessee or lessor involved. If the lessee or lessor Review,
is dissatisfied with such determination, the lessee or lessor may
request, within fifteen days after notice of such determination is
mailed, a review of such determination by a local review com-
mittee under section 363 of this Act.". 7 use 1363.
(b) Effective for the 1984 and subsequent crops of tobacco, section
317 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c) is
amended by inserting at the end thereof the following new subsec-
tion:
"(kXD Notwithstanding any other provision of law, any person
who, on or after January 1, 1986, owns a farm for which a Flue-
cured tobacco acreage allotment or marketing quota is established
under this Act shall, subject to paragraph (2) of this subsection,
forfeit such gdlotment or quota after February 15 of any year
immediately following the last year of the three-year period immedi-
ately preceding the year for which the determination is being made
in which Flue-cured tobacco has not been planted or considered
planted on such farm during at least two years out of such three-
year period.
"(2) The allotment or quota specified in paragraph (1) of this
subsection shall be forfeited if, after notice and opportunity for a
hearing, the appropriate county committee determines that the
conditions for forfeiture specified in such paragraph exist. Any
allotment or quota so forfeited shall be reallocated by such county
committee for use by active Flue-cured tobacco producers (as defined
in section 316(gXl) of this Act) in the county involved. 7 use I3i4b.
"(3) Notice of any determination made by the county committee
under paragraph (2) of this subsection shall be mailed, as soon £is
practicable, to the person involved. If such person is dissatisfied with Review,
such determination, such person may request, within fifteen days
after notice of such determination is mailed, a review of such
determination by a local review committee under section 363 of this
Act.". 7 u s e 1363.
CONFORMING AMENDMENTS
SEC. 206. (a) Effective for the 1984 and subsequent crops of tobacco,
section 316(c) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314b(c)) is amended by striking out the second through the sixth
sentences.
(b) Effective for the 1987 and subsequent crops of tobacco, section
316 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b), as
amended by subsection (a), is further amended by—
(1) in subsection (a), striking out paragraph (2);
(2) in subsection (e)(1), striking out "or, in the case of Flue-
cured tobacco," and inserting in lieu thereof "or, in the case of
the sale of a Flue-cured tobacco acreage allotment or poundage
quota,"; and
(3) in subsection (g)(2), striking out the second sentence.
97 STAT. 1148 PUBLIC LAW 98-180—NOV. 29, 1983
BCANDATORY SALE OF ALLOTMENTS AND QUOTAS BY NON-FARMING
ENTITIES
SEC. 207. (a) Section 316A(a) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314b-l(a)) is amended by—
(1) inserting after "individual" the following: ", any partner-
ship, any family farm corporation, any trust, estate or similar
fiduciary account with respect to which the beneficial interest is
in one or more individuals, or any educational institution that
uses a Flue-cured acreage allotment or quota for instructional
or demonstration purposes"; and
(2) striking out "1983" and inserting in lieu thereof "1984".
(b) Section 316B(a) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1314b-2(a)) is amended b y -
CD striking out clause (2) and inserting in lieu thereof "(2)
does not use the land on the farm for agricultural purposes, or
does not use its Burley marketing quota for educational, in-
structional, or demonstration purposes;";
(2) striking out "1983" and inserting in lieu thereof "1984";
and
(3) adding at the end thereof the following sentence: "Not-
withstanding the forgoing provisions of this subsection, any
person to whom this subsection, as in effect prior to the enact-
Ante, p. 1143. ment of the Tobacco Adjustment Act of 1983, applies and who—
"(A) is required to sell or forfeit the marketing quota by
December 1, 1983, because the person was not significantly
involved in the management or use of the land for agricul-
tural purposes, but
"(B) would be eligible to retain the marketing quota
under this subsection, as amended by the Tobacco Adjust-
ment Act of 1983,
may, if the person elects to do so, sell such person's marketing quota
if a record of the transfer is filed with the county committee by
February 1,1984.".
FLUE-CURED MARKETING QUOTA ANNOUNCEMENT DATE
SEC. 208. Section 317(d) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314c(d)) is amended by striking out "December 1"
and "February 1" each time they appear in the first and sixth
sentences and inserting in lieu thereof "December 15" and "March
1", respectively.
RESERVE FOR NEW FLUE-CURED TOBACCO GROWERS; FARM YIELD
SEC. 209. (a) The second sentence of section 317(e) of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1314c(e)) is amended by—
(1) striking out "1 per centum" and inserting in lieu thereof
"3 per centum"; and
(2) inserting "(except that not less than two-thirds of such
reserve shall be for new farms)" immediately before the period
at the end thereof.
(b) The last sentence of section 317(e) of the Agricultural Adjust-
ment Act of 1938 (7 U.S.C. 1314c(e)) is amended by striking out the
phrase ", and shall not exceed the community average jdeld".
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1149
DETERMINATION OF FLUE-CURED TOBACCO PLANTED ACREAGE
SEC. 210. Section 317 of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1314c), as amended by section 205 of this Act, is further
amended by adding at the end thereof the following new subsection:
"(1) The Secretary shall determine the acreage planted to Flue-
cured tobacco on each farm whenever an acreage-poundage program
for Flue-cured tobacco is in effect under this section.".
LIMIT ON THE LEASE OF BURLEY QUOTA; PROHIBITION AGAINST FALL
LEASING
SEC. 211. Effective for the 1984 and subsequent crops of tobacco,
section 319(g) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314e(g)) is amended by striking out the third proviso and inserting
in lieu thereof the following new provisos: '^Provided further, That
not more than fifteen thousand pounds of Burley tobacco quota may
be leased and transferred to any farm under this section: Provided
further, That a lea^e and transfer of Burley tobacco quota shall not
be effective for any crop year unless a record of the transfer is filed
with the county committee not later than July 1 of that crop year:".
COMBINATION OF FARMS WITH BURLEY QUOTA
SEC. 212. (a) Section 318(b) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314d(b)) is amended by inserting "except as provided
in section 3790?) of this Act," immediately after "(1)".
(b) Section 379 of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1379) is amended by—
(1) inserting "(a)" immediately after the section designation;
and
(2) adding at the end thereof a new subsection as follows:
"(b) In any case in which two or more tracts of land are located in
contiguous counties in the same State and are owned by the same
person, the Secretary shall permit such tracts to be combined as one
farm if (1) a Burley tobacco poundage quota is established for one or
more of such tracts, and (2) the relevant county committees deter-
mine that such tracts will be operated as a single farming unit.".
IMPORTED TOBACCO
SEC. 213. (a) Notwithstanding any other provision of law— 7 u s e 511r.
(1) All tobacco offered for importation into the United States, Inspection.
except tobacco described in paragraph (2), shall be inspected,
insofar as practicable, for grade and quality as tobacco marketed
through a warehouse in the United States is inspected for grade
and quality.
(2) Cigar tobacco and oriental tobacco (both as provided for in Certification.
Schedule 1, Part 13, Tariff Schedules of the United States) 19 u s e 1202
offered for importation into the United States shall be accompa- note.
nied by a certification by the importer, in such form as the
Secretary of Agriculture may prescribe, stating the kind and
type of such tobacco, and, in the case of cigar tobacco, that such
tobacco will be used solely in the manufacture or production of
cigars.
(b) The Secretary of Agriculture shall establish grade and quality Standards
standards for the purposes of subsection (a)(1) that are, insofar as
97 STAT. 1150 PUBLIC LAW 98-180—NOV. 29, 1983
practicable, the same as those applicable to tobacco marketed
through a warehouse in the United States.
Denial of entry. (c) Any tobacco described in subsection (aX2) that is not accompa-
nied by the certification required by that subsection shall not be
permitted entry into the United States. The provisions of section
1001 of title 18, United States Code, shall be applicable with respect
to any certification made by an importer under such subsection.
Enforcement. (d) The Secretary of Agriculture shall enforce the provisions of
subsection (a) at the point of entry of tobacco offered for importation
Regulations. into the United States. The Secretary shall by regulation fix and
collect from the importer fees and charges for inspection under
subsection (aXD which shall, as nearly as practicable, cover the costs
of such services, including the administrative and supervisory costs
customarily included by the Secretary in user fee calculations. The
fees and charges, when collected, shall be credited to the current
appropriation account that incurs the cost and shall be available
without fiscal year limitation to pay the expenses of the Secretary
incident to providing services under subsection (aXl).
TITLE m—DAIRY REPORTS AND OTHER PROVISIONS
DAIRY REPORTS
Submittal to SEC. 301. The Secretary of Agriculture shall submit to the House
congressional Committee on Agriculture and the Senate Committee on Agricul-
committees.
7 u s e 4514. ture, Nutrition, and Forestry the following reports:
California (1) Not later than July 1, 1984, a report on the effect of
standards, appl3dng, nationally, standards similar to the current California
national standards for fluid milk products in their final consumer form,
applicability.
as they would relate to—
(A) consumer acceptance, overall consumer consumption
trends, and total per capita consumption;
(B) nutritional augmentation, particularly for young and
older Americans;
(C) implementing improved interagency enforcement of
minimum standards to prevent consumer fraud and
deception;
(D) multiple component pricing for producer milk;
(E) reduced Commodity Credit Corporation purchases;
(F) consistency of product quality throughout the year
and between marketing regions of the United States; and
(G) consumer prices.
Parity formula. (2) Not later than December 31, 1984, a report on (A) recom-
Payment limit. mendations for changes in the application of the parity formula
to milk so eis to make the formula more consistent with modern
production methods and with special attention to the cost of
producing milk as a result of changes in productivity, and (B)
the feasibility of imposing a limitation on the total amount of
payments and other assistance a producer of milk may receive
during a year under section 201(d) of the Agricultural Act of
1949 (7 U.S.C. 1446(d)).
(3) Not later than April 15, 1985, a report on the effectiveness
of the paid diversion program carried out under section 201(d) of
the Agricultural Act of 1949.
(4) Not later than July 1, 1985, and July 1 of each year after
the date of enactment of this title, an annual report describing
activities conducted under the dairy products promotion and
PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1151
research order issued under subtitle B of title I of this Act, and Ante, p. 1136.
accounting for the receipt and disbursement of all funds re-
ceived by the National Dairy Promotion and Research Board
under such order including an independent analysis of the
effectiveness of the program.
BARTER OF DAIRY AND OTHER COMMODITIES
SEC. 302. (a) It is the sense of Congress that the Secretary of 7 u s e 1727g
Agriculture should exchange or barter, to the maximum extent note.
practicable under the provisions of law specified in subsection 0)),
commodities (especially dairy products) owned by the Commodity
Credit Corporation for materials, goods, and equipment produced in
foreign countries.
(b) The provisions of law referred to in subsection (a) are—
(1) section 4(h) of the Commodity Credit Corporation Charter
Act(15U.S.C.714b(h)),
(2) section 310 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1692), and 7 u s e 1727g.
(3) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431).
E M E R G E N C Y F E E D ASSISTANCE
SEC. 303. (a) As used in this section— 7 USe 1427 note.
(1) the term "damaged corn" means corn that is classified as "Dainaged
U.S. No. 4, U.S. No. 5, or U.S. Sample grade under section com."
810.353 of title 7, Code of Federal Regulations; and
(2) the term "eligible farmers and ranchers" means farmers "Eligible
and ranchers who are eligible to receive loans under section 321 farmers and
rsuichers."
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1961).
(b) To assist eligible farmers and ranchers in areas that have been
adversely affected by the drought, hot weather, or related disaster to
preserve and maintain foundation herds of livestock and poultry
(including their offspring), the Secretary of Agriculture shall make
damaged corn held by the Commodity Credit Corporation available
to such farmers and ranchers in accordance with section 407 of the
Agricultural Act of 1949 (7 U.S.C. 1427).
(c) In making damaged corn available to such farmers and ranch-
ers under this section, the Secretary shall offer the damaged corn
held by the Corporation at a price that is equal to 75 per centum of
the current basic county loan rate for such corn in effect under the
Agricultural Act of 1949 (or a comparable price if there is no such 7 use 1421 note,
current basic county loan rate).
(d) The Secretary shall make damaged corn available for sale, £is
provided under this section, until September 30,1984, or the date, as
determined by the Secretary, on which any emergency created by
the drought, hot weather, or related disaster no longer exists.
EGG INDUSTRY MARKETING ORDERS
SEC. 304. The Agricultural Adjustment Act (7 U.S.C. 601 et seq.),
reenacted with amendments by the Agricultural Marketing Agree-
ment Act of 1937, is amended by— 7 use 674.
(1) striking out in the first sentence of section 8c(2) "poultry 7 use 608c.
(but not excepting turkeys), eggs (but not excepting turkey
hatching eggs)," and inserting in lieu thereof "poultry (but not
97 STAT. 1152 PUBLIC LAW 98-180—NOV. 29, 1983
excepting turkeys and not excepting poultry which produce
commercial eggs),"; and
7 use 608c. (2) inserting in subsection (I) of section 8c(6) after the word
"pecans," and before the word "avocados,", the word "eggs,".
SEPARABIUTY
7 use 1421 note. SEC. 305. Except as otherwise provided in this Act, if any provision
of this Act or the application thereof to any person or circumstances
is held invalid, the validity of the remainder of this Act and of the
application of such provision to other persons and circumstances
shall not be affected thereby.
Approved November 29, 1983.
LEGISLATIVE HISTORY—H.R. 3385 (H.R. 4196) (S. 1529):
HOUSE REPORTS: No. 98-289 (Comm. on Agriculture) and No. 98-556 (eomm. of
SENATE REPORT No. 98-163 accompanying S. 1529 (eomm. on Agriculture, Nutri-
tion, and Forestry).
CONGRESSIONAL REOORD, Vol. 129 (1983):
July 18, 19, considered and passed House.
Oct. 5, 6, S. 1529 considered in Senate.
Oct. 7, H.R. 3385 considered and passed Senate, amended.
Nov. 7, 9, H.R. 4196 considered and passed House.
Nov. 9, House agreed to Senate amendments with amendments.
Nov. 17, Senate agreed to conference report.
Nov. 18, House agreed to conference report.
