55 STAT.] 77TH CONG. , 1ST SESS.-CH. 13 - -MAY 26, 1941 2U0 then current agricultural conservation program formulated under sections 7 to 17, inclusive, of the Soil Conservation and Domestic Allotment Act, is classified as a nonallotment farm if the acreage of 41 sta.1148 - the commodity harvested on such nonallotment farm is not in excess 590q. of fifteen acres or the acreage allotment for the farm, whichever is larger. If the acreage of the commodity harvested on any such non- allotment farm is in excess of fifteen acres and in excess of such acreage allotment, the normal production or the actual production, whichever is the smaller, of the acreage harvested in excess of fifteen acres or such acreage allotment, whichever is larger, shall be taken as the farm marketing excess and shall be subject to penalty: Provided, Wheat forhomecon- That there shall be no penalty on wheat harvested on any such nonallot- sumption. ment farm from which no wheat is sold if the acreage of wheat harvested on such farm does not exceed such acreage per family living thereon as may be used for home consumption without reducing the payment with respect to the farm under the then current agricultural conservation program: Provided further, That for the marketing Conformity with year beginning in 1941, there shall be no marketing penalty on wheat seronprom. with respect to any such nonallotment farm if the acreage of wheat harvested on the farm is not in excess of the usual acreage determined for the farm under the 1941 agricultural conservation program and the county committee determines, in accordance with regulations of the Secretary, that there will not be marketed an amount of Wheat in excess of the 1941 farm marketing quota. (8) Until the farm marketing excess of corn or wheat, as the case b ae of o xmmody before storage of ex- may be, is stored or delivered to the Secretary or the penalty thereon cess, etc.; penalty. is paid, each bushel of the commodity produced on the farm which is sold by the producer to any person within the United States shall be subject to the penalty as specified in paragraph (2) of this reso- lution. Such penalty shall be paid by the buyer, who may deduct an amount equivalent to the penalty from the price paid to the producer. (9) The marketing penalty for cotton and rice produced in the Marketing penalty. calendar year in which any marketing year begins (if beginning with or after the 1941-1942 marketing year) shall be at a rate equal to 50 . per centum of the basic rate of the loan for cooperators for such mar- 72 S.tC.s .. 1:02. keting year under section 302 of the Act and this resolution. (10) The Commodity Credit Corporation is directed to make avail- ( 'oml o rpi relit able upon the 1941 crop of the commodities cotton, corn, wheat, rice. or tr.loans ..onl desig- taS nted crops. tobacco, for which producers have not disapproved marketing quotas Pt, p.86o. for the marketing year beginning in 1941, loans as follows: (a) To cooperators (except cooperators outside the commercial corn-producing area, in the case of corn) at the rate of 85 per centum of the parity price for the commodity as of the beginning of the marketing year; (b) To cooperators outside the commercial corn-producing area, in the case of corn, at the rate of 75 per centum of the rate specified in (a) above; (c) To noncooperators (except noncooperators outside the com- mercial corn-producing area, in the case of corn) at the rate of 60 per centum of the rate specified in (a) above and only on so much of the commodity as would be subject to penalty if marketed. (11) The provisions of this resolution are amendatory of and sup- Appicabilityofpro- plementary to the Act, and all provisions of law applicable in respect n of marketing quotas and loans under such Act as so amended and sup- plemented shall be applicable, but nothing in this resolution shall be . 40,. construed to amend or repeal section 301 (b) (6), 323 (b), or 335 7.stast.40. 13.(b) (d) of the Act. (6),1323 (b), 133 (d). Approved, May 26, 1941. Approved, May 26, 1941.
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