U.S. Code » Title 7 » Chapter CHAPTER 21C— TOBACCO REFORM › Subchapter SUBCHAPTER I— TRANSITIONAL PAYMENTS TO TOBACCO QUOTA HOLDERS AND PRODUCERS OF TOBACCO

7 U.S.C. § 518

Definitions

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In this subchapter and subchapter II:(1) Agricultural Act of 1949

The term “Agricultural Act of 1949” means the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), as in effect on the day before October 22, 2004.

(2) Agricultural Adjustment Act of 1938

The term “Agricultural Adjustment Act of 1938” means the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.), as in effect on the day before October 22, 2004.

(3) Considered planted

The term “considered planted” means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary.

(4) Contract

The term “contract” means a contract entered into under section 518a or 518b of this title.

(5) Contract payment

The term “contract payment” means a payment made under section 518a or 518b of this title pursuant to a contract.

(6) Producer of quota tobacco

The term “producer of quota tobacco” means an owner, operator, landlord, tenant, or sharecropper that shared in the risk of producing tobacco on a farm where tobacco was produced or considered planted pursuant to a tobacco farm poundage quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.).

(7) Quota tobacco

The term ‘quota tobacco’ 11 So in original. means a kind of tobacco that is subject to a farm marketing quota or farm acreage allotment for the 2004 tobacco marketing year under a marketing quota or allotment program established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.).

(8) TobaccoThe term “tobacco” means each of the following kinds of tobacco:(A) Flue-cured tobacco, comprising types 11, 12, 13, and 14.(B) Fire-cured tobacco, comprising types 22 and 23.(C) Dark air-cured tobacco, comprising types 35 and 36.(D) Virginia sun-cured tobacco, comprising type 37.(E) Virginia fire-cured tobacco, comprising type 21.(F) Burley tobacco, comprising type 31.(G) Cigar-filler and cigar-binder tobacco, comprising types 42, 43, 44, 53, 54, and 55.(9) Tobacco quota holder

The term “tobacco quota holder” means a person that was an owner of a farm, as of October 22, 2004, for which a basic tobacco farm marketing quota or farm acreage allotment for quota tobacco was established for the 2004 tobacco marketing year.

(10) Tobacco Trust Fund

The term “Tobacco Trust Fund” means the Tobacco Trust Fund established under section 518e of this title.

(11) Secretary

The term “Secretary” means the Secretary of Agriculture.

(Pub. L. 108–357, title VI, § 621, Oct. 22, 2004, 118 Stat. 1524.)Editorial NotesReferences in Text

The Agricultural Act of 1949, referred to in par. (1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.

The Agricultural Adjustment Act of 1938, referred to in pars. (2), (6), and (7), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. Part I of subtitle B of title III of the Act was classified to subpart I (§ 1311 et seq.) of part B of subchapter II of chapter 35 of this title prior to repeal by Pub. L. 108–357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522. For complete classification of this Act to the Code, see section 1281 of this title and Tables.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 108–357, title VI, § 643, Oct. 22, 2004, 118 Stat. 1536, provided that: “This title [see Short Title note below] and the amendments made by this title shall apply to the 2005 and subsequent crops of each kind of tobacco.”

Short Title

Pub. L. 108–357, title VI, § 601, Oct. 22, 2004, 118 Stat. 1521, provided that: “This title [enacting this chapter, amending sections 609, 1282, 1301, 1303, 1314h, 1361, 1371, 1373, 1375, 1378, 1379, 1428, 1433c–1, and 1441 of this title and section 714c of Title 15, Commerce and Trade, repealing sections 511r, 515 to 515k, 625, 1311 to 1314, 1314–1, 1314b, 1314b–1, 1314b–2, 1314c to 1314j, 1315, 1316, 1445, 1445–1, and 1445–2 of this title, enacting provisions set out as notes under this section and section 515 of this title, and repealing provisions set out as a note under section 1314c of this title] may be cited as the ‘Fair and Equitable Tobacco Reform Act of 2004’.”

Notes of Decisions
Cited in 14 cases, 2006–2018 · leading case: State v. Philip Morris USA Inc.
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State v. Philip Morris USA Inc. (2009) nc · cites it 4× “1521 (codified at 7 U.S.C. §§ 518 to 519a (2006)), the United States government largely regulated the production *87 and supply of domestic tobacco through a system of price supports and quotas.”
Swisher International, Inc. v. Schafer (2008) ca11 · cites it 4× “[1] Swisher alleged that the Fair and Equitable Tobacco Reform Act of 2004, 7 U.S.C. § 518 et seq. (the "Act") and its implementing procedures violate the Takings and Due Process Clauses of the Fifth Amendment and Swisher's constitutional right to equal protection.”
R.J. Reynolds Tobacco Company v. United States Department of Agriculture (2015) dcd · cites it 3× “1418, 1521 (2004) (codified at 7 U.S.C. §§ 518 et seq.), to Wean tobacco farmers off of U.”
United States v. Prime Time International Company (2013) dcd · cites it 3× “3 7 U.S.C. §§ 518 -19a. Per FETRA, USDA issues quarterly Tobacco Transition Assessments (“TTA”) on tobacco manufacturers and importers, and then distributes those funds to eligible tobacco quota holders and growers.”
Single Stick, Inc. v. Johanns (2009) dcd “brought this action against the Secretary of Agriculture, and the United States Department of Agriculture (collectively “USDA”) challenging the USDA’s interpretation of The Fair and Equitable Tobacco Reform Act (“Tobacco Reform Act”), 7 U.S.C. §§ 518 -519a, and alleging that the…”
Philip Morris USA, Incorporated v. Thomas Vilsack (2013) ca4 “1418 , 1521 (2004) (codified at 7 U.S.C. §§ 518 et seq.). FE-TRA instructs USDA to levy certain assessments against manufacturers and importers 1 of tobacco products.”
Brown v. Ginn (2007) ncctapp “7 USCA § 518 et. seq. (2005). With the FETRA, the federal government ended the program under which Ginn received his tobacco allotments.”
Jones v. Jones (2008) kyctapp “7 U.S.C. § 518 et seq. (2005). In exchange for termination of such programs, the United States Department of Agriculture distributes payments to quota owners (quota owner TTPP payments) and growers of tobacco (grower TTPP payments) equally over a ten-year period, beginning in…”
Neese v. Johanns (2006) vawd · cites it 5× “7 U.S.C. § 518 (c)(e). Payments are funded through quarterly assessments on tobacco product manufacturers and importers by the CCC, which deposits the proceeds into a revolving trust fund, the “Tobacco Trust Fund,” which Congress created specifically to carry out the Act’s…”
International Tobacco Partners, Ltd. v. United States Department of Agriculture (2012) nyeb · cites it 2× “22, 2004) (codified at 7 U.S.C. § 518 , et seq.). Through FETRA, Congress sought to wean domestic tobacco farmers and producers (the “U.”
United States v. Native Wholesale Supply Co. (2011) nywd “This case involves the interpretation of the Fair and Equitable Tobacco Reform Act of 2004, codified at Title 7 U.S.C. § 518 , et seq. (“FETRA”). As explained by the government in its memorandum of law in support of its motion for summary judgment, FETRA was enacted to…”
United States v. Tourtellot (2012) ncmd · cites it 3× “The parties disagree as to whether assessments against the Debtor under the Fair and Equitable Tobacco Reform Act of 2004, 7 U.S.C. § 518 et seq. (“FETRA”), must be included in determining the price of the large cigars upon which the excise tax is calculated.”
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