Sec. 2243. PEANUTS, SUGAR, AND TOBACCO
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## SEC. 2243 PEANUTS, SUGAR, AND TOBACCO ###
(a)Disaster Payments ####
(1)In general Effective only for the 1990 crops of peanuts, sugar beets, sugarcane, and tobacco, if the Secretary of Agriculture determines that, because of damaging weather or related condition in 1989 or 1990, the total quantity of the 1990 crop of the commodity that the producers on a farm are able to harvest is less than the result of multiplying 60 percent (or, in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the county average yield (or program yield, in the case of peanuts) established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planted credit is approved by the Secretary for such crop under subsection (b), the Secretary shall make a disaster payment available to such producers. ####
(2)Payment rate The payment shall be made to the producers at a rate equal to 65 percent of the applicable payment level under paragraph (3), as determined by the Secretary, for any deficiency in production greater than— #####
(A)in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act— ######
(i)35 percent for the crop; or ######
(ii)with respect to a crop of burley tobacco or flue-cured tobacco, 35 percent of the farm's effective marketing quota for 1990; and #####
(B)in the case of producers who did not obtain crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act— ######
(i)40 percent for the crop; or ######
(ii)with respect to a crop of burley tobacco or flue-cured tobacco, 40 percent of the farm's effective marketing quota for 1990. ####
(3)Payment level For purposes of paragraph (1), the payment level for a commodity shall be equal to— #####
(A)for peanuts, the price support level for quota peanuts or the price support level for additional peanuts, as applicable; #####
(B)for tobacco, the national average loan rate for the type of tobacco involved, or (if there is none) the market price, as determined under section 2244(a)(2); and #####
(C)for sugar beets and sugarcane, a level determined by the Secretary to be fair and reasonable in relation to the level of price support established for the 1990 crops of sugar beets and sugarcane, and that, insofar as is practicable, shall reflect no less return to the producer than under the 1990 price support levels. ###
(b)Prevented Planting Credit ####
(1)In general The Secretary shall provide prevented planting credit under subsection
(a)with respect to acreage that producers on a farm were prevented from planting to the 1990 crop of the commodity for harvest because of damaging weather or related condition in 1989 or 1990, as determined by the Secretary. ####
(2)Maximum acreage Such acreage may not exceed the greater of— #####
(A)a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1989 minus acreage actually planted for harvest in 1990; or #####
(B)a quantity equal to the average of the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1987, 1988, and 1989 minus acreage actually planted to the commodity for harvest in 1990. ####
(3)Adjustments The Secretary shall make appropriate adjustments in applying the limitations contained in paragraph
(2)to take into account crop rotation practices of the producers and any change in quotas for the 1990 crops of tobacco. ###
(c)Limitation Payments provided under subsection
(a)for a crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247. ###
(d)Special Rules for Peanuts Notwithstanding any other provision of law— ####
(1)a deficiency in production of quota peanuts from a farm, as otherwise determined under this section, shall be reduced by the quantity of peanut poundage quota that was the basis of such anticipated production that has been transferred from the farm; ####
(2)payments made under this section shall be made taking into account whether the deficiency for which the deficiency in production is claimed was a deficiency in production of quota or additional peanuts and the payment rate shall be established accordingly; and ####
(3)the quantity of undermarketings of quota peanuts from a farm for the 1990 crop that may otherwise be claimed under section 358 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358) for purposes of future quota increases shall be reduced by the quantity of the deficiency of production of such peanuts for which payment has been received under this section. ###
(e)Special Rules for Tobacco Notwithstanding any other provision of law— ####
(1)the quantity of undermarketings of quota tobacco from a farm for the 1990 crop that may otherwise be claimed under section 317 or 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c or 1314e) for purposes of future quota increases shall be reduced by the quantity of the deficiency of production of such tobacco for which payment has been received under this section; and ####
(2)disaster payments made to producers under this section may not be considered by the Secretary in determining the net losses of the Commodity Credit Corporation under section 106A(d) of the Agricultural Act of 1949 (7 U.S.C. 1445–1(d)). ###
(f)Special Rule for Sugarcane For purposes of determining the total quantity of the 1990 crop of sugarcane that the producers on a farm are able to harvest, the Secretary shall make the determination based on the quantity of recoverable sugar.
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3 references not yet in our index
- 7 USC 1358
- 7 USC 1314c
- 7 USC 1445–1(d)
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