7 U.S.C. § 1371

General adjustment of quotas

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(a) Investigation and adjustment to maintain normal supply

If at any time the Secretary has reason to believe that in the case of cotton,11 So in original. or rice the operation of farm marketing quotas in effect will cause the amount of such commodity which is free of marketing restrictions to be less than the normal supply for the marketing year for the commodity then current, he shall cause an immediate investigation to be made with respect thereto. In the course of such investigation due notice and opportunity for hearing shall be given to interested persons. If upon the basis of such investigation the Secretary finds the existence of such fact, he shall proclaim the same forthwith. He shall also in such proclamation specify such increase in, or termination of, existing quotas as he finds, on the basis of such investigation, is necessary to make the amount of such commodity which is free of marketing restrictions equal the normal supply.

(b) Adjustment because of emergency or export demand

If the Secretary has reason to believe that, because of a national emergency or because of a material increase in export demand, any national marketing quota or acreage allotment for cotton,¹ or rice should be increased or terminated, he shall cause an immediate investigation to be made to determine whether the increase or termination is necessary to meet such emergency or increase in export demand. If, on the basis of such investigation, the Secretary finds that such increase or termination is necessary, he shall immediately proclaim such finding (and if he finds an increase is necessary, the amount of the increase found by him to be necessary) and thereupon such quota or allotment shall be increased, or shall terminate, as the case may be.

In case any national marketing quota or acreage allotment for any commodity is increased under this section, each farm marketing quota or acreage allotment for the commodity shall be increased in the same ratio.

(Feb. 16, 1938, ch. 30, title III, § 371, 52 Stat. 64; Apr. 3, 1941, ch. 39, § 5, 55 Stat. 92; Aug. 28, 1954, ch. 1041, title III, § 312, 68 Stat. 904; Pub. L. 87–703, title III, § 321, Sept. 27, 1962, 76 Stat. 626; Pub. L. 107–171, title I, § 1309(h)(2), May 13, 2002, 116 Stat. 182; Pub. L. 108–357, title VI, § 611(i), Oct. 22, 2004, 118 Stat. 1522.)Editorial NotesAmendments

2004—Subsec. (a). Pub. L. 108–357, § 611(i)(1), substituted “or rice” for “rice, or tobacco” in first sentence.

Subsec. (b). Pub. L. 108–357, § 611(i)(2), which directed amendment of first sentence of subsec. (b) by substituting “or rice” for “rice, or tobacco”, was executed by making the substitution for “rice,, or tobacco”, to reflect the probable intent of Congress.

2002—Subsec. (a). Pub. L. 107–171, § 1309(h)(2)(A), struck out “peanuts,” before “or tobacco” in first sentence.

Subsec. (b). Pub. L. 107–171, § 1309(h)(2)(B), struck out “peanuts” before “or tobacco” in first sentence.

1962—Subsec. (a). Pub. L. 87–703, § 321(1), struck out “corn, wheat,” before “cotton”.

Subsec. (b). Pub. L. 87–703, § 321(2), struck out “any national acreage allotment for corn, or” after “export demand,”, “wheat,” before “cotton” and “in order to effect the declared policy of this chapter or” before “to meet such emergency”.

1954—Subsec. (b). Act Aug. 28, 1954, § 312(a), inserted proviso relating to national acreage allotment for corn, and struck out corn from national marketing quota provision.

Subsec. (c). Act Aug. 28, 1954, § 312(b), inserted “or acreage allotment” after “marketing quota” wherever appearing.

Subsec. (d). Act Aug. 28, 1954, § 312(c), repealed subsec. (d) which related to the adjustment of corn storage regulations on change in marketing quotas.

1941—Subsecs. (a), (b). Act Apr. 3, 1941, inserted “peanuts,” after “rice,”.

Statutory Notes and Related SubsidiariesEffective Date of 2004 Amendment

Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–703 effective only with respect to programs applicable to the crops planted for harvest in the calendar year 1964 or any subsequent year and the marketing years beginning in the calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a note under section 1301 of this title.

Savings Provision

Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any provision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title.

Inapplicability to 1991 Through 1995 Crops of Peanuts

Pub. L. 101–624, title VIII, § 801(5), Nov. 28, 1990, 104 Stat. 3459, provided that this section is inapplicable to 1991 through 1995 crops of peanuts.

Inapplicability to 1986 Through 1990 Crops of Peanuts

Pub. L. 99–198, title VII, § 701(5), Dec. 23, 1985, 99 Stat. 1430, provided that this section is inapplicable to 1986 through 1990 crops of peanuts.

Inapplicability to 1982 Through 1985 Crops of Peanuts

Pub. L. 97–98, title VII, § 701(5), Dec. 22, 1981, 95 Stat. 1248, provided that this section is inapplicable to 1982 through 1985 crops of peanuts.

Notes of Decisions

Cited in 2 cases, 1947–1996 · leading case: Competitive Enter. Inst. v. United States Dep't of Agric., 954 F. Supp. 265 (D.D.C. 1996).

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Competitive Enter. Inst. v. United States Dep't of Agric., 954 F. Supp. 265 (D.D.C. 1996). · cites it 2× “See 7 U.S.C. § 1371 . In particular, the Secretary can increase or eliminate the marketing quotas “[i]f at any time the Secretary has reason to believe that in the ease of .”

Rodgers v. United States, 158 F.2d 835 (6th Cir. 1947). “He relies upon § 371 of the Act, 7 U.S.C.A. § 1371 , which authorizes the Secretary of Agriculture to increase or terminate existing quotas when he finds, upon investigation, that the commodity which is free of marketing restrictions equals the normal supply.”

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