the Agricultural Adjustment Act of 1938 prior to its amendment by this Act for the determination of parity prices, with respect to prices for agricultural commodities and products thereof, shall hereafter be deemed to refer to parity prices as determined in accordance with the provisions of section 301(a)(1) of the Agricultural Adjustment Act of 1938, as amended by this Act. (7 U.S.C. 1301a.)] (b) DEFINITIONS APPLICABLE TO ONE OR MORE COMMODITIES. For the purposes of this title (1) (A) "Actual production" as applied to any acreage of corn means the number of bushels of corn which the local committee determines would be harvested as grain from such acreage if all the corn on such acreage were so harvested. In case of a disagreement between the farmer and the local committee as to the actual production of the acreage of corn on the farm, or in case the focal committee determines that such actual production is substantially below normal, the local committee, in accordance with regulations of the Secretary, shall weigh representative samples of ear corn taken from the acreage involved, make proper deductions for moisture content, and determine the actual production of such acreage on the basis of such samples. (B) "Actual production" of any number of acres of cotton, rice or peanuts on a farm means the actual average yield for the farm times such number of acres. (2) "Bushel" means in the case of ear corn that amount of ear corn, including not to exceed 152 per centum of moisture content, which weighs seventy pounds, and in the case of shelled corn, means that amount of shelled corn including not to exceed 151⁄2 per centum of moisture content, which weighs fifty-six pounds. (3) (A) "Carry-over," in the case of corn, rice, and peanuts 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 quantity which was produced in the United States during the calendar year then current. (B) "Carry-over"5 of cotton for any marketing year shall be the quantity of cotton on hand in the United States at the beginning of such marketing year, not including any part of the crop which was produced in the United States during the calendar year then current. (C) "Carry-over" of tobacco for any marketing year shall be the quantity of such tobacco on hand in the United States at the beginning of such marketing year (or on January 1 of such marketing year in the case of Maryland tobacco), which was produced in the United States prior to the beginning of the calendar year in which such marketing year begins, except As originally enacted, this term included domestically produced cotton on hand within or without the United States. A new definition, excluding American cotton on hand outside the United States, was enacted in Sec. 201(c) of the Agricultural Act of 1948 (62 Stat. 1250). The definition was changed again by Sec. 2(a) of Pub. L. 272, 81st Cong., approved August 29, 1949 (63 Stat. 675), to read as shown in the text, so as to include all cotton on hand in the United States whether produced within or without the United States. that in the case of cigar-filler and cigar-binder tobacco the quantity of type 46 on hand and theretofore produced in the United States during such calendar year shall also be included. (D) "Carry-over" of wheat, for any marketing year shall be the quantity of wheat on hand in the United States at the beginning of such marketing year, not including any wheat which was produced in the United States during the calendar year then current, and not including any wheat held by the Federal Crop Insurance Corporation under Title V.6 (4)7 (5)7 (6) (A) "Market", in the case of corn, cotton, rice, tobacco, and wheat, means to dispose of, in raw or processed form, by voluntary or involuntary sale, barter, or exchange, or by gift inter vivos, and, in the case of corn and wheat, by feeding (in any form) to poultry or livestock which, or the products of which, are sold, bartered, or exchanged, or to be so disposed of, but does not include disposing of any of such commodities as premium to the Federal Crop Insurance Corporation under Title V.6 (B) "Marketed", "marketing", and "for market" shall have corresponding meanings to the term "market" in the connection in which they are used. (C) "Market", in the case of peanuts, means to dispose of peanuts, including farmers' stock peanuts, shelled peanuts, cleaned peanuts, or peanuts in processed form, by voluntary or involuntary sale, barter, or exchange, or by gift inter vivos. (7) "Marketing year's means, in the case of the following commodities, the period beginning on the first and ending with the second date specified below: Corn, October 1-September 30; Cotton, August 1-July 31; Rice, August 1-July 31; Tobacco (flue-cured), July 1-June 30; Tobacco (other than flue-cured), October 1-September 30; (8) (A)10 "National average yield" as applied to cotton or heat (B)10 "Projected national yield" as applied to any crop of wheat shall be determined on the basis of the national yield Title V of this Act is the Federal Crop Insurance Act, infra. 7 The definitions in subsections (4) and (5) relate to marketing quotas and acreage allotments for corn, which are no longer applicable. *The marketing year for peanuts is defined as August 1-July 31 by Sec. 359(a). P.L. 94-61, 89 Stat. 302. July 25, 1975, amended the marketing year for wheat by deleting "July 1-June 30" and inserting "June 1-May 31", effective June 1, 1975. 10 Paragraph (8) was amended by P.L. 89-321, 79 Stat. 1204, Nov. 3, 1965, which inserted "(A)" after (8) and added a new subparagraph (B) thereto. per harvested acre of the commodity during each of the five calendar years immediately preceding the year in which such projected national yield is determined, adjusted for abnormal weather conditions affecting such yield, for trends in yields and for any significant changes in production practices. (9)11 "Normal production" as applied to any number of acres of corn or rice means the normal yield for the farm times such number of acres. "Normal production" as applied to any number of acres of cotton or wheat means the projected farm yield times such number of acres. (10) (A) "Normal supply" in the case of corn, rice, wheat, and peanuts for any marketing year shall be (i) the estimated domestic consumption of the commodity for the marketing year ending immediately prior to the marketing year for which normal supply is being determined, plus (ii) the estimated exports of the commodity for the marketing year for which normal supply is being determined, plus (iii) an allowance for carry-over. The allowance for carry-over shall be the following percentage of the sum of the consumption and exports used in computing normal supply: 15 per centum in the case of corn; 10 per centum in the case of rice; 20 per centum in the case of wheat; and 15 per centum in the case of peanuts. In determining normal supply the Secretary shall make such adjustments for current trends in consumption and for unusual conditions as he may deem necessary. (B) "Normal supply" in the case of tobacco shall be a normal year's domestic consumption and exports, plus 175 per centum of a normal year's domestic consumption and 65 per centum of a normal year's exports as an allowance for a normal carry-over. (C) The "normal supply" of cotton for any marketing year shall be the estimated domestic consumption of cotton for the marketing year for which such normal supply is being determined, plus the estimated exports of cotton for such marketing year, plus 30 per centum of the sum of such consumption and exports as an allowance for carry-over. (11) (A) "Normal year's domestic consumption", in the case of corn and wheat, shall be the yearly average quantity of the commodity, wherever produced, that was consumed 12 in the United States during the ten marketing years immediately preceding the marketing year in which such consumption is determined, adjusted for current trends in such consumption. (B) "Normal year's domestic consumption", in the case of cotton and tobacco, shall be the yearly average quantity of the commodity produced in the United States that was consumed in the United States during the ten marketing years immediately preceding the marketing year in which such consumption is determined, adjusted for current trends in such consumption. "Paragraph (9) was amended, effective with the crop planted for harvest in 1966, by P.L. 89-321, 79 Stat. 1205, Nov. 3, 1965, by striking out "cotton" and "wheat" and by adding the second sentence. As literally amended, part of the first sentence would have read "corn, rice, or means". 12 The word "consumed" appears in the original legislation as "cosumed." (C) "Normal year's domestic consumption", in the case of rice, shall be the yearly average quantity of rice produced in the United States that was consumed in the United States during the five marketing years immediately preceding the marketing year in which such consumption is determined, adjusted for current trends in such consumption. (12) "Normal year's exports" in the case of corn, cotton, rice, tobacco, and wheat shall be the yearly average quantity of the commodity produced in the United States that was exported from the United States during the ten marketing years (or, in the case of rice, the five marketing years) immediately preceding the marketing year in which such exports are determined, adjusted for current trends in such exports. (13) (A)13 * (B)14 "Normal yield" for any county, in the case of peanuts, shall be the average yield per acre of peanuts for the county, adjusted for abnormal weather conditions, during the five calendar years immediately preceding the year in which such normal yield is determined. (C) In applying subparagraph (A) or (B), if for any such year the data are not available, or there is no actual yield, an appraised yield for such year determined in accordance with regulations issued by the Secretary, shall be used as the actual yield for such year. In applying such subparagraphs, if, on account of drought, flood, insect pests, plant disease, or other uncontrollable natural cause, the yield in any year of such ten-year period or five-year period, as the case may be, is less than 75 per centum of the average (computed without regard to such year) such year shall be eliminated in calculating the normal yield per acre. (D)15 "Normal yield" for any county, in the case of rice and wheat, shall be the average yield per acre of rice or wheat, as the case may be, for the county during the five calendar years immediately preceding the year for which such normal yield is determined in the case of rice, or during the five years immediately preceding the year in which such normal yield is determined in the case of wheat, adjusted for abnormal weather conditions and for trends in yields. If for any such year data are not available, or there is no actual yield, an appraised yield for such year, determined in accordance with regulations issued by the Secretary, taking into consideration the yields obtained in surrounding counties during such year and the yield in years for which data are available, shall be used as the actual yield for such year. (E)16 "Normal yield" for any farm, in the case of rice and wheat, shall be the average yield per acre of rice or wheat, as 13 Repealed by P. L. 87-703, 76 Stat. 625, September 27, 1962. 14 The words, "cotton or" appearing before the word "peanuts" were deleted by P.L. 88-297, 78 Stat. 177, April 11, 1964. 15 The words, "and wheat," "or wheat, as the case may be," and "in the case of rice, or during the five years immediately preceding the year in which such normal yield is determined in the case of wheat," were added by P. L. 87-703, 76 Stat. 625, September 27, 1962. 16 The words, "and wheat," "or wheat, as the case may be," and "in the case of rice, or during the five years immediately preceding the year in which such normal yield is determined in the case of wheat," were added by P. L. 87-703, 76 Stat. 625, September 27, 1962. the case may be, for the farm during the five calendar years immediately preceding the year for which such normal yield is determined in the case of rice, or during the five years immediately preceding the year in which such normal yield is determined in the case of wheat, adjusted for abnormal weather conditions and for trends in yields. If for any such year the data are not available or there is no actual yield, then the normal yield for the farm shall be appraised in accordance with regulations issued by the Secretary, taking into consideration abnormal weather conditions, trends in yields, the normal yield for the county, the yields obtained on adjacent farms during such year and the yield in years for which data are available. (F) In applying subparagraphs (D) and (E), if on account of drought, flood, insect pests, plant disease, or other uncontrollable natural cause, the yield for any year of such five-year period is less than 75 per centum of the average, 75 per centum of such average shall be substituted therefor in calculating the normal yield per acre. If, on account of abnormally favorable weather conditions, the yield for any year of such five-year period is in excess of 125 per centum of the average, 125 per centum of such average shall be substituted therefore in calculating the normal yield per acre. (G)17 "Normal yield" for any farm, in the case of corn or peanuts, shall be the average yield per acre of corn or peanuts, as the case may be, for the farm, adjusted for abnormal weather conditions during the five calendar years immediately preceding the year in which such normal yield is determined. If for any such year the data are not available or there is no actual yield, then the normal yield for the farm shall be appraised in accordance with regulations of the Secretary, taking into consideration abnormal weather conditions, the normal yield for the county, and the yield in years for which data are available. [Food and Agriculture Act of 1965.18 SEC. 708. Notwithstanding any other provision of law, in the determination of farm yields the Secretary may use projected yields in lieu of normal yields. In the determination of such yields the Secretary shall take into account the actual yield proved by the producer for the base period used in determining the projected yield, 19 and the projected yield shall not be less than such actual yield proved by the producer. (7 U.S.C. 1306.)] (H)20 "Normal yield" for any county, for any crop of cotton, shall be the average yield per acre of cotton for the county, adjusted for abnormal weather conditions and any significant 17 The word, "cotton," was deleted by P. L. 88-297, 78 Stat. 177, April 11, 1964. 18 P.L. 89-321, 79 Stat. 1211, Nov. 3, 1965. 19 The parenthetical clause "(except that in the case of wheat, if the yield is abnormally low in any one of the calendar years of the base period because of drought, flood, or other natural disaster, the Secretary shall take into account the actual yield proved by the producer in the other four years of such base period)" which was added after the words "projected yield" by section 1(12) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 229, August 10, 1973, was effective only with respect to the 1974 through 1977 crops. 20 Subparagraphs (H) and (I) were added by P.L. 88-297, 78 Stat. 177, April 11, 1964. |