7 U.S.C. § 7333 — Administration and operation of non-

Page 1998 TITLE 7—AGRICULTURE § 7332 Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- secs. (a) and (c)(1), see note set out under section 7201 of this title. The Commodity Exchange Act, referred to in subsec. (f), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of this title. For complete classification of this Act to the Code, see section 1 of this title and Tables. CODIFICATION Section is comprised of section 191 of Pub. L. 104–127. Subsec. (i) of section 191 of Pub. L. 104–127 repealed pro- visions set out as a note under section 1421 of this title. AMENDMENTS 2000—Subsec. (b). Pub. L. 106–224, § 134(1), substituted ‘‘300 counties, except that not more than 25’’ for ‘‘100 counties, except that not more than 6’’ in first sen- tence. Subsec. (c)(2). Pub. L. 106–224, § 134(2), inserted before semicolon at end ‘‘during any calendar year in which a county in which the farm of the producer is located is included in the pilot program’’. Subsec. (h). Pub. L. 106–224, § 134(3), inserted before period at end of first sentence ‘‘, except that the amount of Commodity Credit Corporation funds used to carry out this section shall not exceed, to the max- imum extent practicable, $9,000,000 for fiscal year 2001, $15,000,000 for fiscal year 2002, and $2,000,000 for fiscal year 2003’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–224 effective Oct. 1, 2000, see section 171(b)(1)(A) of Pub. L. 106–224, set out as a note under section 1501 of this title. § 7332. Risk management education In consultation with the Commodity Futures Trading Commission, the Secretary shall pro- vide such education in management of the finan- cial risks inherent in the production and mar- keting of agricultural commodities as the Sec- retary considers appropriate. As part of such educational activities, the Secretary may de- velop and implement programs to facilitate the participation of agricultural producers in com- modity futures trading programs, forward con- tracting options, and insurance protection pro- grams by assisting and training producers in the usage of such programs. In implementing this authority, the Secretary may use existing re- search and extension authorities and resources of the Department of Agriculture. (Pub. L. 104–127, title I, § 192, Apr. 4, 1996, 110 Stat. 942.) § 7333. Administration and operation of non- insured crop assistance program (a) Operation and administration of program (1) In general (A) Coverages In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster as- sistance program to provide coverages based on individual yields (other than for value- loss crops) equivalent to— (i) catastrophic risk protection available under section 508(b) of the Federal Crop In- surance Act (7 U.S.C. 1508(b)); or (ii) except in the case of crops and grasses used for grazing, additional cov- erage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent, as de- scribed in subsection (l). (B) Administration The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the ‘‘Agency’’). (C) Data collection and sharing The Secretary shall coordinate with the Administrator of the Risk Management Agency on the type and format of data re- ceived under the noninsured crop disaster assistance program that— (i) best facilitates the use of that data in developing policies or plans of insurance offered under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and (ii) ensures the availability of that data on a regular basis. (D) Coordination The Secretary shall coordinate between the agencies of the Department that provide programs or services to farmers and ranch- ers that are potentially eligible for the non- insured crop disaster assistance program under this section— (i) to make available coverage under— (I) the fee waiver under subsection (k)(2); or (II) the premium discount under sub- section (l)(3); and (ii) to share eligibility information to re- duce paperwork and avoid duplication. (2) Eligible crops (A) In general Subject to subparagraph (B), in this sec- tion, the term ‘‘eligible crop’’ means each commercial crop or other agricultural com- modity that is produced for food or fiber (ex- cept livestock) for which catastrophic risk protection under subsection (b) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) and additional coverage under sub- sections (c) and (h) of such section are not available or, if such coverage is available, it is only available under a policy that pro- vides coverage for specific intervals based on weather indexes or under a whole farm plan of insurance. (B) Crops specifically included The term ‘‘eligible crop’’ shall include flo- ricultural, ornamental nursery, and Christ- mas tree crops, turfgrass sod, seed crops, aquaculture (including ornamental fish), sea grass and sea oats, camelina, sweet sorghum, biomass sorghum, and industrial crops (in- cluding those grown expressly for the pur- pose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products). (C) Combination of similar types or varieties At the option of the Secretary, all types or varieties of a crop or commodity, described Page 1999 TITLE 7—AGRICULTURE § 7333 1 So in original. Probably should be ‘‘subsection’’. in subparagraphs (A) and (B), may be consid- ered to be a single eligible crop under this section. (3) Cause of loss To qualify for assistance under this section, the losses of the noninsured commodity shall be due to drought, flood, or other natural dis- aster, as determined by the Secretary. (4) Program reduction in benefits relating to crop production on native sod (A) Definition of native sod In this paragraph, the term ‘‘native sod’’ means land— (i) on which the plant cover is composed principally of native grasses, grasslike plants, forbs, or shrubs suitable for grazing and browsing; and (ii) that has never been tilled, or the pro- ducer cannot substantiate that the ground has ever been tilled, for the production of an annual crop as of the date of enactment of this paragraph. (B) Reduction in benefits (i) In general (I) Agricultural Act of 2014 During the first 4 crop years of plant- ing, as determined by the Secretary, na- tive sod acreage that has been tilled for the production of an annual crop during the period beginning on February 8, 2014, and ending on December 20, 2018, shall be subject to a reduction in benefits under this section as described in this subpara- graph. (II) Subsequent years Native sod acreage that has been tilled for the production of an eligible crop after December 20, 2018, shall be subject to a reduction in benefits under this sec- tion as described in this subparagraph for not more than any 4 crop years— (aa) during the first 10 crop years after the initial tillage; and (bb) during which a crop on that acreage is enrolled under subsection (l)(2) or (k). (ii) De minimis acreage exemption The Secretary shall exempt areas of 5 acres or less from clause (i). (iii) Reduction For purposes of the reduction in benefits for the acreage described in clause (i)— (I) the approved yield shall be deter- mined by using a yield equal to 65 per- cent of the county expected yield; and (II) the service fees or premiums for crops planted on native sod shall be equal to 200 percent of the amount deter- mined in subsections 1 (l)(2) or (k), as ap- plicable, but in no case shall exceed the amount determined in subsection (l)(2)(B)(ii). (C) Application This paragraph shall only apply to native sod acreage in the States of Minnesota, Iowa, North Dakota, South Dakota, Mon- tana, and Nebraska. (b) Application for noninsured crop disaster as- sistance (1) Timely application To be eligible for assistance under this sec- tion, a producer shall submit an application for noninsured crop disaster assistance at a local office of the Department. The applica- tion shall be in such form, contain such infor- mation, and be submitted by an appropriate deadline before the beginning of the coverage period, as determined by the Secretary. (2) Records To be eligible for assistance under this sec- tion, a producer shall provide annually to the Secretary records of crop acreage, acreage yields, and production for each crop, as re- quired by the Secretary. (3) Acreage reports A producer shall provide annual reports on acreage planted or prevented from being plant- ed, as required by the Secretary, by the des- ignated acreage reporting date for the crop and location as established by the Secretary. (4) Streamlined submission process The Secretary shall establish a streamlined process for the submission of records and acre- age reports under paragraphs (2) and (3) for di- verse production systems such as those typical of urban production systems, other small-scale production systems, and direct-to-consumer production systems. (c) Loss requirements (1) Cause To be eligible for assistance under this sec- tion, a producer of an eligible crop shall have suffered a loss of a noninsured commodity as the result of a cause described in subsection (a)(3). (2) Assistance (A) In general On making a determination described in subsection (a)(3), the Secretary shall provide assistance under this section to producers of an eligible crop that have suffered a loss as a result of the cause described in subsection (a)(3). (B) Aquaculture producers On making a determination described in subsection (a)(3) for aquaculture producers, the Secretary shall provide assistance under this section to aquaculture producers from all losses related to drought. (3) Prevented planting Subject to paragraph (1), the Secretary shall make a prevented planting noninsured crop disaster assistance payment if the producer is prevented from planting more than 35 percent of the acreage intended for the eligible crop because of drought, flood, or other natural dis- aster, as determined by the Secretary. (4) Area trigger The Secretary shall provide assistance to in- dividual producers without any requirement of an area loss. Page 2000 TITLE 7—AGRICULTURE § 7333 (d) Payment The Secretary shall make available to a pro- ducer eligible for noninsured assistance under this section a payment computed by multi- plying— (1) the producer’s share of the total acres de- voted to the eligible crop; by (2) the quantity that is less than 50 percent of the approved yield for the crop, as deter- mined by the Secretary; by (3)(A) in the case of each of the 1996 through 1998 crop years, 60 percent of the average mar- ket price for the crop (or any comparable cov- erage determined by the Secretary); or (B) in the case of each of the 1999 and subse- quent crop years, 55 percent of the average market price for the crop (or any comparable coverage determined by the Secretary); by (4) a payment rate for the type of crop (as determined by the Secretary) that— (A) in the case of a crop that is produced with a significant and variable harvesting expense, reflects the decreasing cost in- curred in the production cycle for the crop that is— (i) harvested; (ii) planted but not harvested; and (iii) prevented from being planted be- cause of drought, flood, or other natural disaster (as determined by the Secretary); and (B) in the case of a crop that is not pro- duced with a significant and variable har- vesting expense, as determined by the Sec- retary. (e) Yield determinations (1) Establishment The Secretary shall establish approved yields for purposes of providing noninsured crop disaster assistance under this section. (2) Actual production history (A) In general The Secretary shall determine an approved yield using the actual production history of the producer over a period of not less than the 4 previous consecutive crop years and not more than 10 consecutive crop years. (B) Calculation Subject to paragraph (3), the approved yield for the year in which noninsured crop disaster assistance is sought shall be equal to the average of the actual production his- tory of the producer during the period con- sidered. (3) Assignment of yield If a producer does not submit adequate docu- mentation of production history to determine a crop yield under paragraph (2), the Secretary shall assign to the producer a yield equal to not less than 65 percent of the county expected yield (adjusted to reflect actual production re- flected in the records acceptable to the Sec- retary for continuous years), as specified in regulations issued by the Secretary based on production history requirements. (4) Prohibition on assigned yields in certain counties (A) In general (i) Documentation If sufficient data are available to dem- onstrate that the acreage of a crop in a county for the crop year has increased by more than 100 percent over any year in the preceding 7 crop years or, if data are not available, if the acreage of the crop in the county has increased significantly from the previous crop years, a producer must provide such detailed documentation of production costs, acres planted, and yield for the crop year for which benefits are being claimed as is required by the Sec- retary. If the Secretary determines that the documentation provided is not suffi- cient, the Secretary may require docu- menting proof that the crop, had the crop been harvested, could have been marketed at a reasonable price. (ii) Prohibition Except as provided in subparagraph (B), a producer who produces a crop on a farm located in a county described in clause (i) may not obtain an assigned yield. (B) Exception A crop or a producer shall not be subject to this subsection if— (i) the planted acreage of the producer for the crop has been inspected by a third party acceptable to the Secretary; or (ii)(I) the County Executive Director and the State Executive Director recommend an exemption from the requirement to the Administrator of the Agency; and (II) the Administrator approves the rec- ommendation. (5) Limitation on receipt of subsequent as- signed yield A producer who receives an assigned yield for the current year of a natural disaster be- cause required production records were not submitted to the local office of the Depart- ment shall not be eligible for an assigned yield for the year of the next natural disaster unless the required production records of the pre- vious 1 or more years (as applicable) are pro- vided to the local office. (6) Yield variations due to different farming practices The Secretary shall ensure that noninsured crop disaster assistance accurately reflects significant yield variations due to different farming practices, such as between irrigated and nonirrigated acreage. (f) Contract payments A producer who has received a guaranteed payment for production, as opposed to delivery, of a crop pursuant to a contract shall have the production of the producer adjusted upward by the amount of the production equal to the amount of the contract payment received. (g) Use of Commodity Credit Corporation The Secretary may use the funds of the Com- modity Credit Corporation to carry out this sec- tion. Page 2001 TITLE 7—AGRICULTURE § 7333 2 See References in Text note below. (h) Exclusions Noninsured crop disaster assistance under this section shall not cover losses due to— (1) the neglect or malfeasance of the pro- ducer; (2) the failure of the producer to reseed to the same crop in those areas and under such circumstances where it is customary to re- seed; or (3) the failure of the producer to follow good farming practices, as determined by the Sec- retary. (i) Payment and income limitations (1) Definitions In this subsection, the terms ‘‘legal entity’’ and ‘‘person’’ have the meanings given those terms in section 1308(a) of this title. (2) Payment limitation The total amount of payments received, di- rectly or indirectly, by a person or legal enti- ty (excluding a joint venture or general part- nership) for any crop year may not exceed— (A) in the case of catastrophic coverage under subsection (c), $125,000; and (B) in the case of additional coverage under subsection (l), $300,000. (3) Limitation on multiple benefits for same loss (A) In general Except as provided in subparagraph (B), if a producer who is eligible to receive benefits under this section is also eligible to receive assistance for the same loss under any other program administered by the Secretary, the producer shall be required to elect whether to receive benefits under this section or under the other program, but not both. (B) Exception Subparagraph (A) shall not apply to emer- gency loans under subtitle C of the Consoli- dated Farm and Rural Development Act (7 U.S.C. 1961 et seq.). (4) Adjusted gross income limitation A person or legal entity that has an average adjusted gross income in excess of the average adjusted gross income limitation applicable under section 1308–3a(b)(1)(A) 2 of this title, or a successor provision, shall not be eligible to receive noninsured crop disaster assistance under this section. (5) Regulations The Secretary shall issue regulations pre- scribing such rules as the Secretary deter- mines necessary— (A) to ensure a fair and equitable applica- tion of section 1308 of this title, the general payment limitation regulations of the Sec- retary, and the limitations established under this subsection; and (B) to ensure that payments under this section are attributed to a person or legal entity (excluding a joint venture or general partnership) in accordance with the terms and conditions of sections 1308 through 1308–3a of this title, as determined by the Secretary. (j) Omitted (k) Service fee (1) In general To be eligible to receive assistance for an el- igible crop for a crop year under this section, a producer shall pay to the Secretary (at the time at which the producer submits the appli- cation under subsection (b)(1)) a service fee for the eligible crop in an amount that is equal to the lesser of— (A) $325 per crop per county; or (B) $825 per producer per county, but not to exceed a total of $1,950 per producer. (2) Waiver The Secretary shall waive the service fee re- quired under paragraph (1) in the case of a lim- ited resource, beginning, or socially disadvan- taged farmer, as defined by the Secretary, or a veteran farmer or rancher (as defined in sec- tion 2279(a) of this title). (3) Use The Secretary shall deposit service fees col- lected under this subsection in the Commodity Credit Corporation Fund. (l) Payment equivalent to additional coverage (1) In general The Secretary shall make available non- insured assistance under this subsection (other than for crops and grasses used for grazing) at a payment amount that is equivalent to an in- demnity for additional coverage under sub- sections (c) and (h) of section 508 of the Fed- eral Crop Insurance Act (7 U.S.C. 1508) and equal to the product obtained by multi- plying— (A) the producer’s share of the total acres devoted to the crop; (B) the amount that— (i) the additional coverage yield, which shall be equal to the product obtained by multiplying— (I) an amount not less than 50 percent nor more than 65 percent, as elected by the producer and specified in 5-percent increments; and (II) the approved yield for the crop, as determined by the Secretary; exceeds (ii) the actual yield; (C) 100 percent of the average market price, contract price, or other premium price (such as a local, organic, or direct market price, as elected by the producer) for the crop, as determined by the Secretary; and (D) a payment rate for the type of crop, as determined by the Secretary, that reflects— (i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable— (I) harvested; (II) planted but not harvested; or (III) prevented from being planted be- cause of drought, flood, or other natural Page 2002 TITLE 7—AGRICULTURE § 7333 disaster, as determined by the Secretary; or (ii) in the case of a crop that is produced without a significant and variable har- vesting expense, such rate as shall be de- termined by the Secretary. (2) Service fee and premium To be eligible to receive a payment under this subsection, a producer shall pay— (A) the service fee required by subsection (k); and (B) the lesser of— (i) the sum of the premiums for each eli- gible crop, with the premium for each eli- gible crop obtained by multiplying— (I) the number of acres devoted to the eligible crop; (II) the yield, as determined by the Secretary under subsection (e); (III) the coverage level elected by the producer; (IV) the average market price, as de- termined by the Secretary; (V) a 5.25-percent premium fee; and (VI) the producer’s share of the crop; or (ii) the product obtained by multi- plying— (I) a 5.25-percent premium fee; and (II) the applicable payment limit. (3) Limited resource, beginning, veteran, and socially disadvantaged farmers The coverage made available under this sub- section shall be available to limited resource, beginning, and socially disadvantaged farmers, as determined by the Secretary, and veteran farmers or ranchers (as defined in section 2279(a) of this title) in exchange for a premium that is 50 percent of the premium determined under paragraph (2). (Pub. L. 104–127, title I, § 196, Apr. 4, 1996, 110 Stat. 947; Pub. L. 105–277, div. A, § 101(a) [title VIII, § 803(b)], Oct. 21, 1998, 112 Stat. 2681, 2681–38; Pub. L. 106–224, title I, § 109, June 20, 2000, 114 Stat. 371; Pub. L. 107–171, title X, § 10101, May 13, 2002, 116 Stat. 488; Pub. L. 110–234, title I, § 1603(f)(1), title XII, §§ 12020(b), 12025(b), 12027, 12028, May 22, 2008, 122 Stat. 1010, 1381, 1390; Pub. L. 110–246, § 4(a), title I, § 1603(f)(1), title XII, §§ 12020(b), 12025(b), 12027, 12028, June 18, 2008, 122 Stat. 1664, 1739, 2143, 2152; Pub. L. 113–79, title XI, § 11014(b), title XII, § 12305(a), Feb. 7, 2014, 128 Stat. 962, 986; Pub. L. 115–334, title I, § 1601, title XII, § 12306(f), Dec. 20, 2018, 132 Stat. 4523, 4970.) Editorial Notes REFERENCES IN TEXT The Federal Crop Insurance Act, referred to in sub- sec. (a)(1)(C)(i), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables. The date of enactment of this paragraph, referred to in subsec. (a)(4)(A)(ii), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. The Consolidated Farm and Rural Development Act, referred to in subsec. (i)(3)(B), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307. Subtitle C of the Act is classified generally to subchapter III (§ 1961 et seq.) of chapter 50 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of this title and Tables. Section 1308–3a of this title, referred to in subsec. (i)(4), was amended by Pub. L. 113–79, title I, § 1605(a)–(e), Feb. 7, 2014, 128 Stat. 707, 708, and, as so amended, provisions which formerly appeared in sub- sec. (b)(1)(A) of section 1308–3a were struck out. See subsec. (b)(1) of section 1308–3a of this title. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Section is comprised of section 196 of Pub. L. 104–127. Subsec. (j) of section 196 of Pub. L. 104–127 repealed sec- tion 1519 of this title. AMENDMENTS 2018—Subsec. (a)(1)(C), (D). Pub. L. 115–334, § 1601(1)(A), added subpars. (C) and (D). Subsec. (a)(2)(A). Pub. L. 115–334, § 1601(1)(B), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘In this section, the term ‘eligible crop’ means each commercial crop or other agricultural commodity (except livestock)— ‘‘(i) for which catastrophic risk protection under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is not available; ‘‘(ii) for which additional coverage under sub- sections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and ‘‘(iii) that is produced for food or fiber.’’ Subsec. (a)(4)(B)(i). Pub. L. 115–334, § 1601(1)(C)(i), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: ‘‘During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the produc- tion of an annual crop after February 7, 2014, shall be subject to a reduction in benefits under this section as described in this subparagraph.’’ Subsec. (a)(4)(B)(iii)(I). Pub. L. 115–334, § 1601(1)(C)(ii), substituted ‘‘county expected yield’’ for ‘‘transitional yield of the producer’’. Subsec. (b)(1). Pub. L. 115–334, § 1601(2)(A), substituted ‘‘by an appropriate deadline’’ for ‘‘not later than 30 days’’. Subsec. (b)(4). Pub. L. 115–334, § 1601(2)(B), added par. (4). Subsec. (d)(1). Pub. L. 115–334, § 1601(3)(B), added par. (1). Former par. (1) redesignated (2). Subsec. (d)(2). Pub. L. 115–334, § 1601(3)(A), (C), redesig- nated par. (1) as (2) and substituted ‘‘approved yield for the crop, as determined by the Secretary’’ for ‘‘estab- lished yield for the crop’’. Former par. (2) redesignated (3). Subsec. (d)(3), (4). Pub. L. 115–334, § 1601(3)(A), redesig- nated pars. (2) and (3) as (3) and (4), respectively. Subsec. (e)(1). Pub. L. 115–334, § 1601(4)(A), substituted ‘‘approved yields’’ for ‘‘farm yields’’. Subsec. (e)(2). Pub. L. 115–334, § 1601(4)(B), designated first and second sentences as subpars. (A) and (B), re- spectively, and inserted headings, substituted ‘‘an ap- proved yield’’ for ‘‘yield coverage’’ in subpar. (A), and inserted ‘‘approved’’ before ‘‘yield’’ in subpar. (B). Subsec. (e)(3). Pub. L. 115–334, § 1601(4)(C), substituted ‘‘county expected yield’’ for ‘‘transitional yield of the producer’’. Subsec. (i)(2). Pub. L. 115–334, § 1601(5), substituted ‘‘exceed—’’ and subpars. (A) and (B) for ‘‘exceed $125,000’’. Subsec. (k)(1)(A). Pub. L. 115–334, § 1601(6)(A), sub- stituted ‘‘$325’’ for ‘‘$250’’. Subsec. (k)(1)(B). Pub. L. 115–334, § 1601(6)(B), sub- stituted ‘‘$825’’ for ‘‘$750’’ and ‘‘$1,950’’ for ‘‘$1,875’’. Subsec. (k)(2). Pub. L. 115–334, § 12306(f)(1), inserted ‘‘, or a veteran farmer or rancher (as defined in section 2279(a) of this title)’’ before period at end. Page 2003 TITLE 7—AGRICULTURE § 7333 Subsec. (l)(1). Pub. L. 115–334, § 1601(7)(A), added sub- par. (A), redesignated former subpars. (A) to (C) as (B) to (D), respectively, and, in subpar. (C), inserted ‘‘, contract price, or other premium price (such as a local, organic, or direct market price, as elected by the producer)’’ after ‘‘market price’’. Subsec. (l)(2)(B)(i)(VI). Pub. L. 115–334, § 1601(7)(B), added subcl. (VI). Subsec. (l)(3). Pub. L. 115–334, § 12306(f)(2), inserted ‘‘veteran,’’ after ‘‘beginning,’’ in heading and ‘‘and vet- eran farmers or ranchers (as defined in section 2279(a) of this title)’’ after ‘‘as determined by the Secretary,’’ in text. Pub. L. 115–334, § 1601(7)(C), (D), redesignated par. (4) as (3) and struck out former par. (3) which related to additional assistance for certain 2012 annual fruit crop losses. Subsec. (l)(4). Pub. L. 115–334, § 1601(7)(D), redesig- nated par. (4) as (3). Subsec. (l)(5). Pub. L. 115–334, § 1601(7)(C), struck out par. (5). Text read as follows: ‘‘Except as provided in paragraph (3)(A), additional coverage under this sub- section shall be available for each of the 2015 through 2018 crop years.’’ 2014—Subsec. (a)(1). Pub. L. 113–79, § 12305(a)(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘In the case of an eli- gible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster as- sistance program to provide coverage equivalent to the catastrophic risk protection otherwise available under section 1508(b) of this title. The Secretary shall carry out this section through the Consolidated Farm Service Agency (in this section referred to as the ‘Agency’).’’ Subsec. (a)(2)(A)(ii), (iii). Pub. L. 113–79, § 12305(a)(1)(B)(i), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (a)(2)(B). Pub. L. 113–79, § 12305(a)(1)(B)(ii), substituted ‘‘sweet sorghum, biomass sorghum, and in- dustrial crops (including those grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products)’’ for ‘‘and industrial crops’’. Subsec. (a)(4). Pub. L. 113–79, § 11014(b)(1), substituted ‘‘reduction in benefits’’ for ‘‘ineligibility’’ in heading. Subsec. (a)(4)(A)(ii). Pub. L. 113–79, § 11014(b)(2), in- serted ‘‘ ,or the producer cannot substantiate that the ground has ever been tilled,’’ after ‘‘never been tilled’’. Subsec. (a)(4)(B). Pub. L. 113–79, § 11014(b)(3)(A), sub- stituted ‘‘Reduction in’’ for ‘‘Ineligibility for’’ in head- ing. Subsec. (a)(4)(B)(i). Pub. L. 113–79, § 11014(b)(3)(B), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: ‘‘Subject to clause (ii) and subparagraph (C), native sod acreage that has been tilled for the production of an annual crop after the date of enactment of this paragraph shall be ineligible during the first 5 crop years of planting, as determined by the Secretary, for benefits under— ‘‘(I) this section; and ‘‘(II) the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).’’ Subsec. (a)(4)(B)(iii). Pub. L. 113–79, § 11014(b)(3)(C), added cl. (iii). Subsec. (a)(4)(C). Pub. L. 113–79, § 11014(b)(4), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: ‘‘Subparagraph (B) may apply to native sod acreage in the Prairie Pothole National Priority Area at the election of the Governor of the respective State.’’ Subsec. (i)(2). Pub. L. 113–79, § 12305(a)(2), substituted ‘‘$125,000’’ for ‘‘$100,000’’. Subsec. (k)(2). Pub. L. 113–79, § 12305(a)(3), substituted ‘‘limited resource, beginning, or socially disadvantaged farmer’’ for ‘‘limited resource farmer’’. Subsec. (l). Pub. L. 113–79, § 12305(a)(4), added subsec. (l). 2008—Subsec. (a)(2)(B). Pub. L. 110–246, § 12025(b), in- serted ‘‘camelina,’’ after ‘‘sea oats,’’. Subsec. (a)(4). Pub. L. 110–246, § 12020(b), added par. (4). Subsec. (c)(2). Pub. L. 110–246, § 12027, designated ex- isting provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (i)(1), (2). Pub. L. 110–246, § 1603(f)(1)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which defined ‘‘person’’ and ‘‘qualifying gross reve- nues’’ and provided that the total amount of payments that a person would be entitled to receive annually could not exceed $100,000. Subsec. (i)(4). Pub. L. 110–246, § 1603(f)(1)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: ‘‘A person who has qualifying gross revenues in excess of the amount specified in sec- tion 2266(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1421 note) (as in effect on No- vember 28, 1990) during the taxable year (as determined by the Secretary) shall not be eligible to receive any noninsured assistance payment under this section.’’ Subsec. (i)(5). Pub. L. 110–246, § 1603(f)(1)(C), des- ignated part of existing provisions as subpar. (A) and added subpar. (B). Subsec. (k)(1). Pub. L. 110–246, § 12028, in subpar. (A) substituted ‘‘$250’’ for ‘‘$100’’ and in subpar. (B) sub- stituted ‘‘$750’’ for ‘‘$300’’ and ‘‘$1,875’’ for ‘‘$900’’. 2002—Subsec. (a)(2)(B). Pub. L. 107–171 inserted ‘‘sea grass and sea oats,’’ after ‘‘fish),’’. 2000—Subsec. (a)(2)(C). Pub. L. 106–224, § 109(a), added subpar. (C). Subsec. (b)(1). Pub. L. 106–224, § 109(b), substituted ‘‘not later than 30 days before the beginning of the cov- erage period, as determined by the Secretary’’ for ‘‘at such time as the Secretary may require’’ in second sen- tence. Subsec. (b)(2). Pub. L. 106–224, § 109(c)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: ‘‘A producer shall provide records, as required by the Secretary, of crop acreage, acreage yields, and production.’’ Subsec. (b)(3). Pub. L. 106–224, § 109(c)(2), inserted ‘‘an- nual’’ after ‘‘shall provide’’. Subsec. (c). Pub. L. 106–224, § 109(d), added subsec. (c) and struck out heading and text of former subsec. (c), which authorized noninsured crop disaster assistance if average yield fell below 65 percent of expected yield, if producer was prevented from planting more than 35 percent of intended acreage, or if total quantity of har- vest was less than 50 percent of expected yield. Subsec. (k). Pub. L. 106–224, § 109(e), added subsec. (k). 1998–Subsec. (i)(3). Pub. L. 105–277 designated existing provisions as subpar. (A), inserted heading, substituted ‘‘Except as provided in subparagraph (B), if a producer’’ for ‘‘If a producer’’, and added subpar. (B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–224 applicable beginning with the 2001 crop of an agricultural commodity, see section 171(b)(2)(G) of Pub. L. 106–224, set out as a note under section 1501 of this title. CONSIDERATION OF LOSSES IN FISCAL YEAR 2014 AND SUBSEQUENT FISCAL YEARS For losses under section 1501 of Public Law 113–79 [en- acting section 9081 of this title] for the 2014 fiscal year and each fiscal year thereafter as not considered same loss for purposes of subsec. (i)(3) of this section, see sec- tion 733 of Pub. L. 113–235, set out as a note under sec- tion 1508 of this title. TRANSITION PROVISIONS Pub. L. 110–234, title I, § 1603(f)(2), May 22, 2008, 122 Stat. 1011, and Pub. L. 110–246, § 4(a), title I, § 1603(f)(2), Page 2004 TITLE 7—AGRICULTURE § 7334 June 18, 2008, 122 Stat. 1664, 1739, provided that: ‘‘Sec- tion 196(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(i)), as in effect on Sep- tember 30, 2007, shall apply with respect to the 2007 and 2008 crops of any eligible crop.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] Section as in effect on day before June 20, 2000, to continue to apply with respect to 1999 crop year, and to apply with respect to 2000 crop year, to extent applica- tion of an amendment by Pub. L. 106–224 is delayed under section 171(b) or by terms of the amendment, see section 173 of Pub. L. 106–224, set out as a note under section 1501 of this title. § 7334. Repealed. Pub. L. 115–334, title II, § 2814, Dec. 20, 2018, 132 Stat. 4602 Section, Pub. L. 104–127, title III, § 385, Apr. 4, 1996, 110 Stat. 1016, related to flood risk reduction contracts dur- ing fiscal years 1996 through 2002. CHAPTER 101—AGRICULTURAL PROMOTION SUBCHAPTER I—COMMODITY PROMOTION AND EVALUATION Sec. 7401. Commodity promotion and evaluation. SUBCHAPTER II—ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND INFORMATION ACTIVITIES REGARDING AGRICULTURAL COM- MODITIES 7411. Findings and purpose. 7412. Definitions. 7413. Issuance of orders. 7414. Required terms in orders. 7415. Permissive terms in orders. 7416. Assessments. 7416a. Confirmation of authority of Secretary of Ag- riculture to collect State commodity as- sessments. 7417. Referenda. 7418. Petition and review of orders. 7419. Enforcement. 7420. Investigations and power to subpoena. 7421. Suspension or termination. 7422. Amendments to orders. 7423. Effect on other laws. 7424. Regulations. 7425. Authorization of appropriations. SUBCHAPTER III—CANOLA AND RAPESEED 7441. Findings and declaration of policy. 7442. Definitions. 7443. Issuance and amendment of orders. 7444. Required terms in orders. 7445. Assessments. 7446. Referenda. 7447. Petition and review. 7448. Enforcement. 7449. Investigations and power to subpoena. 7450. Suspension or termination. 7451. Regulations. 7452. Authorization of appropriations. SUBCHAPTER IV—KIWIFRUIT 7461. Findings and purposes. 7462. Definitions. 7463. Issuance of orders. 7464. National Kiwifruit Board. 7465. Required terms in order. 7466. Permissive terms in order. 7467. Petition and review. 7468. Enforcement. 7469. Investigations and power to subpoena. 7470. Referenda. 7471. Suspension or termination. Sec. 7472. Regulations. 7473. Authorization of appropriations. SUBCHAPTER V—POPCORN 7481. Findings and declaration of policy. 7482. Definitions. 7483. Issuance of orders. 7484. Required terms in orders. 7485. Referenda. 7486. Petition and review. 7487. Enforcement. 7488. Investigations and power to subpoena. 7489. Relation to other programs. 7490. Regulations. 7491. Authorization of appropriations. SUBCHAPTER I—COMMODITY PROMOTION AND EVALUATION § 7401. Commodity promotion and evaluation (a) ‘‘Commodity promotion law’’ defined In this section, the term ‘‘commodity pro- motion law’’ means a Federal law that provides for the establishment and operation of a pro- motion program regarding an agricultural com- modity that includes a combination of pro- motion, research, industry information, or con- sumer information activities, is funded by man- datory assessments on producers or processors, and is designed to maintain or expand markets and uses for the commodity (as determined by the Secretary). The term includes— (1) the marketing promotion provisions under section 608c(6)(I) of this title; (2) Public Law 89–502 (7 U.S.C. 2101 et seq.); (3) title III of Public Law 91–670 (7 U.S.C. 2611 et seq.); (4) Public Law 93–428 (7 U.S.C. 2701 et seq.); (5) Public Law 94–294 (7 U.S.C. 2901 et seq.); (6) subtitle B of title I of Public Law 98–180 (7 U.S.C. 4501 et seq.); (7) Public Law 98–590 (7 U.S.C. 4601 et seq.); (8) subtitle B of title XVI of Public Law 99–198 (7 U.S.C. 4801 et seq.); (9) subtitle C of title XVI of Public Law 99–198 (7 U.S.C. 4901 et seq.); (10) subtitle B of title XIX of Public Law 101–624 (7 U.S.C. 6101 et seq.); (11) subtitle E of title XIX of Public Law 101–624 (7 U.S.C. 6301 et seq.); (12) subtitle H of title XIX of Public Law 101–624 (7 U.S.C. 6401 et seq.); (13) Public Law 103–190 (7 U.S.C. 6801 et seq.); (14) Public Law 103–407 (7 U.S.C. 7101 et seq.); (15) subchapter II; (16) subchapter III; (17) subchapter IV; (18) subchapter V; or (19) any other provision of law enacted after April 4, 1996, that provides for the establish- ment and operation of a promotion program described in the first sentence. (b) Findings Congress finds the following: (1) It is in the national public interest and vital to the welfare of the agricultural econ- omy of the United States to maintain and ex- pand existing markets and develop new mar- kets and uses for agricultural commodities through industry-funded, Government-super- vised, generic commodity promotion programs established under commodity promotion laws.