There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes of this section. Notwithstanding any other provision of this section, the amount that may be devoted, during any fiscal year after June 30, 1939, to any one agricultural commodity or the products thereof in such fiscal year, shall not exceed 25 per centum of the funds available under this section for such fiscal year. The sums appropriated under this section shall be devoted principally to perishable nonbasic agricultural commodities (other than those receiving price support under section 1446 of this title) and their products. The sums appropriated under this section shall, notwithstanding the provisions of any other law, continue to remain available for the purposes of this section until expended; but any excess of the amount remaining unexpended at the end of any fiscal year over $500,000,000 shall, in the same manner as though it had been appropriated for the service of such fiscal year, be subject to the provisions of section 3690 11 See References in Text note below. of the Revised Statutes, and section 5 1 of the Act entitled “An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes”. A public or private nonprofit organization that receives agricultural commodities or the products thereof under clause (2) of the second sentence may transfer such commodities or products to another public or private nonprofit organization that agrees to use such commodities or products to provide, without cost or waste, nutrition assistance to individuals in low-income groups.
Notes of Decisions
Lion Raisins, Inc. v. United States, 416 F.3d 1356 (Fed. Cir. 2005).
“The Kyer court rejected the argument that 7 U.S.C. § 612c, which provides for a general appropriation from the Treasury to the Secretary of Agriculture to fund administrative expenses of the Secretary incurred under the AMAA, constituted a source of appropriated funds available…”
Parker v. Brown, 317 U.S. 341 (1943).
“As successor to the Corporation the Surplus Marketing Administration exercises the authority given by § 32 of the Agricultural Adjustment Act of 1935,7 U. S. C. § 612c, to use 30% of annual gross customs receipts to encourage the exportation, and the domestic consumption by…”
Fritz Kyer v. The United States, 369 F.2d 714 (Ct. Cl. 1966).
· cites it 2× “We refer here to the appropriations provided under 7 U.S.C. § 612c. Among the designated end uses for the sums allocated under this statute was the following: “(2) encourage the domestic con *719 sumption of such commodities or products by diverting them, by the payment of…”
United States v. Kenneth E. Harbour & James G. Blank, 809 F.2d 384 (7th Cir. 1987).
· cites it 2× “1292 -93 (1982), found at 7 U.S.C. § 612c notes). Section 641 of Title 18 under which the defendants were convicted and sentenced provides that one convicted: Shall be fined not more than $10,000 or imprisoned not more than ten years, or both; but if the value of such property…”
Jennie-O Foods, Inc. v. United States, 217 Ct. Cl. 314 (Ct. Cl. 1978).
“This announcement was in furtherance of the Government’s purchase program pursuant to authority contained in section 32 of the Act of August 24, 1935, as amended (7 U.S.C. § 612c) designed in part to remove surplus turkeys from the market and in part to supply food to schools,…”
Farr Man & Co., Inc. v. United States, 544 F. Supp. 908 (Ct. Intl. Trade 1982).
· cites it 2× “be imported into the United States under such conditions and in such *911 quantities as to render or tend to render ineffective, or materially interfere with, any program or operation undertaken under this title or the Soil Conservation and Domestic Allotment Act, as amended or…”
Samish Indian Nation v. United States, 90 Fed. Cl. 122 (Fed. Cl. 2009).
“The Commodity Food Distribution Program is currently codified at7U.S.C. § 612c. Further provisions related to the distribution of commodities on Indian reservations are currently codified at 7 U.”
Marquez v. Hardin, 339 F. Supp. 1364 (N.D. Cal. 1969).
“Although the National School Lunch Program is not concerned directly with the regulation of interstate commerce, the preamble mentions encouragement of domestic consumption of agricultural commodities as one of its goals and the Act is intricately related to the Commodities…”
Best Foods, Inc. v. United States, 147 F. Supp. 749 (Cust. Ct. 1956).
“750 , 774, 7 U.S.C.A. § 612c, appropriated annually to the Department of Agriculture for each fiscal year “an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws * * *.”
United States v. Haynes Sch. Dist. No. 8, 102 F. Supp. 843 (E.D. Ark. 1951).
“157, see also 7 U.S.C.A. § 612c and in which the defendant participated during the 1944— 45 school year and during the 1945-46 school year from September 11, 1945 through March 30, 1946.”
Annotations are extracted automatically from the opinions in the
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