Dairy and Tobacco Adjustment Act of 1983

Summary

Dairy and Tobacco Adjustment Act of 1983 - Title I: Dairy - Dairy Production Stabilization Act of 1983 - Amends the Agricultural Act of 1949, as amended by the Omnibus Budget Reconciliation Act of 1982, to set the milk support price at $13.10 per hundredweight through FY 1983. (Eliminates the 50-cent milk producer assessments). Sets such price at $12.60 per hundredweight for FY 1984 and FY 1985, except that: (1) on January 1, 1985, if the Secretary estimates that Commodity Credit Corporation (CCC) milk purchases for the next 12 months will exceed 6,000,000,000 pounds, then the support price shall be reduced by 50 cents per hundredweight; and (2) on July 1, 1985, if 12-month purchase estimates exceed 5,000,000,000 pounds, the support price shall be further reduced by 50 cents per hundredweight; but (3) if such estimates are 5,000,000,000 or less, the support price shall be increased by at least 50 cents per hundredweight. States that the price of milk shall be supported through milk and milk product purchases. Requires a 50- cent per hundredweight milk price reduction through the end of 1984 in order to encourage marketing reductions. Requires remittance of such funds to the CCC to be credited to the Dairy Stabilization Settlement Fund to fund a paid diversion program. Requires the Secretary of Agriculture to implement the diversion program (beginning by October 1, 1983 and terminating December 30, 1984) as follows: (1) a $10 per hundredweight reduced production payment; (2) reductions as determined by the producer of between five and 30 percent of the base; (3) quarterly partial payments; (4) limited transferability of a producer's marketing history; (5) penalties for failure to make the agreed reduction and remit the resultant funds, and for a knowing violation of a diversion contract; (6) limited transferability of dairy cattle to other producers; (7) suspension of diversion payments if the Secretary is prohibited by court order from implementing the 50-cent producer assessments; (8) determination of a participant's commercial marketing history, which may be adjusted by the Secretary to compensate for abnormally low production; (9) recordkeeping requirements; and (10) judicial enforcement in U.S. district courts. Requires the Secretary to submit a report on milk parity formula changes to the appropriate congressional committees by December 31, 1984. Requires the Secretary to publish (with due notice and opportunity for public hearing) a proposed dairy research and promotion order within 30 days of receiving a request for such an order. Permits such proposal to be submitted by an individual or an organization certified under this Act. Makes such order effective 90 days after the public comment period. Authorizes the Secretary to amend such orders. Sets forth required terms of such orders, including the establishment of a National Dairy Promotion and Research Board made up of at least 36 milk producer members appointed by the Secretary. Sets forth organizational and operating provisions, including penalties for disclosure and other related violations of such orders. Funds such dairy promotion, research, and nutrition education program through a 15 cent per hundredweight assessment on commercially marketed milk. Permits a credit of up to ten cents per hundredweight for contributions to qualified State or regional dairy promotion or nutrition education programs. Requires an organization to be certified by the Secretary in order to represent milk producers. Authorizes the Secretary to develop such criteria, and makes the Secretary's eligibility decision final. Requires the Secretary, within the 60-day period preceding September 30, 1985, to conduct a producer referendum on such program's continuation (approval to be by a simple majority of those voting). States that after September 30, 1985, such referenda may be held when the Secretary deems appropriate, or when requested by ten percent of the affected producers. Provides for reimbursement of the Secretary from assessments collected by the Board for related expenses. Permits cooperative association representation at such referenda, provided that the association notifies its members 30 days in advance and provides them an opportunity to vote as individuals. Provides petition and review in U.S. district court for a person subject to an order. Vests enforcement powers in U.S. district courts. Sets forth penalty provisions. Grants the Secretary investigative and related authority. Sets forth congressional reporting provisions. Authorizes appropriations. Requires the Secretary to solicit bids for the sale of cotton to the CCC without limitation, on cotton pledged as security for nonrecourse loans under the payment-in-kind program. Gives any producer with a previous bid the opportunity to resubmit a bid under the provisions of this amendment. Title II: Tobacco - Tobacco Adjustment Act of 1983 - Amends the Agricultural Act of 1949 to set 1983 support prices for any quota tobacco at 1982 levels. Sets 1984 prices for Flue-cured tobacco at 1982 levels. Sets 1985 Flue-cured prices at 1982 levels: (1) if the 1985 price would not exceed five percent of the 1984 price (as determined by the nonadjusted formula under such Act); or (2) if in excess of five percent then the 1985 price would be the 1984 price plus or minus the difference between the 1985 and 1984 levels as determined under current law. Bases 1986 and subsequent quota tobacco support prices on the preceding year's price, plus or minus the difference between the current and preceding crop prices. Eliminates after 1983 the requirement that owners and operators who lease their Flue-cured tobacco allotment or quota must also contribute to the no net cost tobacco account. Permits an association to use funds from its no net cost tobacco account to reduce its indebtness to the CCC or to make loan advances to members. Authorizes Flue-cured associations to request a CCC no net cost tobacco account. Amends the Agricultural Adjustment Act of 1938 to permit (presently requires) certain Flue-cured allotment transfers within the same county. Eliminates off-farm lease and transfer of Flue-cured tobacco allotments or quotas beginning with the 1987 crop, except that transfers of 3,000 pounds or less would be permitted through 1990. Permits such transfers through 1986 if both parties file with the county committee a copy of the lease and a written statement attesting that none of the consideration for such lease has or will be paid before such tobacco is marketed. Provides penalties (after notice and opportunity for hearing) for knowingly-made false statements in such certification. Requires, as of January 1, 1986, forfeiture (after notice and opportunity for hearing) of Flue-cured allotments not planted in at least two years out of the most recent three-year period. Requires that such forfeited allotments to be reallocated to active growers in the county. Extends from December 1, 1983 to December 1, 1984, the deadline for non-farming entities to sell their Flue-cured and Burley quotas. States that such mandatory sales do not apply to lands being used for agricultural purposes. Changes the quota announcement date for: (1) Flue-cured tobacco from December 1 to December 15; and (2) other tobacco from February 1 to March 1. Increases the Flue-cured tobacco reserve from one to three percent of the national allotment, and requires that at least two-thirds be used for new growers. Requires the Secretary to determine each farm's Flue-cured planted acreage whenever an acreage-poundage program is in effect. Increases the Burley quota reduction factor from five to 15 percent. Decreases the national factor from 95 to 85 percent. Reduces the amount of Burley tobacco (beginning with the 1984 crop) that may be leased or transferred to any farm from 30,000 pounds to 15,000 pounds. Requires records of any such transfer to be filed by July 1 of that crop year. States that two or more tracts of land owned by the same person and in contiguous counties of the same State shall be combined as one farm if: (1) a Burley poundage quota is established for one or more tracts; and (2) the county committee determines that such tracts will be operated as a single farm unit. Requires the Secretary to review the domestic effects of Burley imports whenever price supports or CCC stocks reach specified levels.

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2 official files

• Indefinitely postponed in Senate

  summary · EN · 7 October 1983

  Open at official source

• Introduced in Senate

  summary · EN · 23 June 1983

  Open at official source

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