7-U.S.C.-1471

7-U.S.C.-1471

§1471 – Definitions

Pathway

Title 7 > Chapter 35A > Subchapter V > Section 1471

Details

  • Reference: Section 1471
  • Legend: §1471 – Definitions
  • USCode Year: 2013

Provision Content

As used in this subchapter:

(1) The term livestock producer” means—

(A) a person that is actively engaged in farming and that receives a substantial amount of total income from the production of grain or livestock, as determined by the Secretary, that is—

(i) an established producer or husbander of livestock or a dairy producer who is a citizen of, or legal resident alien in, the United States; or

(ii) a farm cooperative, private domestic corporation, partnership, or joint operation in which a majority interest is held by members, stockholders, or partners who are citizens of, or legal resident aliens in, the United States, if such cooperative, corporation, partnership, or joint operation is engaged in livestock production or husbandry, or dairy production; or

(B) Any  of the following entities that is actively engaged in livestock production or husbandry, or dairy production—

(i) any Indian tribe (as defined in section 450b(b) of title 25); 

(ii) any Indian organization or entity chartered under the Act of June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C. 461 et seq.), commonly known as the Indian Reorganization Act”;

(iii) any tribal organization (as defined in section 450b(c) of title 25);  or

(iv) any economic enterprise (as defined in section 1452(e) of title 25);

(2) The term livestock” means cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary (at the Secretarys sole discretion) that—

(A) are part of a foundation herd (including producing dairy cattle) or offspring; or

(B) are purchased as part of a normal operation and not to obtain additional benefits under this subchapter.

(3) The term State” means any State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, or Guam.

(4) The term feed”, for the purposes of emergency feed assistance, means any type of feed (including feed grain, oilseed meal, premix or mixed feed, liquid or dry supplemental feed, roughage, pasture, or forage) that—

(A) best suits the livestock producers operation; and

(B) is consistent with acceptable feed practices.

(5) The term area” includes any Indian reservation (as defined in section 1985(e)(1)(D)(ii)  of this title).

(Oct. 31, 1949, ch. 792, title VI, §602, as added Pub. L. 100–387, title I, §101(a), Aug. 11, 1988, 102 Stat. 926; amended Pub. L. 108–447, div. A, title VII, §785(b)(1), Dec. 8, 2004, 118 Stat. 2850; Pub. L. 109–97, title VII, §784(b)(1), Nov. 10, 2005, 119 Stat. 2162.)

References in Text

Section 450b of title 25, referred to in par. (1)(B)(i), (iii), has been amended, and subsecs. (b) and (c) of section 450b no longer define the terms Indian tribe” and tribal organization”. However, such terms are defined elsewhere in that section.

Act of June 18, 1934, referred to in par. (1)(B)(ii), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, popularly known as the Indian Reorganization Act, which enacted sections 461, 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478, and 479 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 461 of Title 25 and Tables.

Section 1985(e)(1)(D)(ii) of this title, referred to in par. (5), was redesignated section 1985(e)(1)(A)(ii) of this title by Pub. L. 104–127, title VI, §638(3)(A)(ii), Apr. 4, 1996, 110 Stat. 1096.

Amendments

2005—Par. (2). Pub. L. 109–97, in introductory provisions, inserted horses, deer,” after bison,” and struck out equine animals used for food or in the production of food,” before fish”.

2004—Par. (2). Pub. L. 108–447 inserted elk, reindeer, bison,” after means cattle,” in introductory provisions.

Effective Date of 2005 Amendment

Pub. L. 109–97, title VII, §784(c), Nov. 10, 2005, 119 Stat. 2163, provided that:

(1) In general.—This section [amending this section and section 1472 of this title and enacting provisions set out as a note under this section] and the amendments made by this section apply to losses resulting from a disaster that occurs on or after July 28, 2005.

(2) Prior losses.—This section and the amendments made by this section do not apply to losses resulting from a disaster that occurred before July 28, 2005.”

Effective Date

Section effective 15 days after Aug. 11, 1988, see section 101(c)(1) of Pub. L. 100–387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title.

Short Title

For short title of title VI of act Oct. 31, 1949, ch. 792, which enacted this subchapter, as the Emergency Livestock Feed Assistance Act of 1988”, see Short Title of 1988 Amendment note set out under section 1421 of this title.

Inclusion of Horses and Deer Within Definition of Livestock”

Pub. L. 109–97, title VII, §784(a), Nov. 10, 2005, 119 Stat. 2162, provided that: In carrying out a livestock assistance, compensation, or feed program, the Secretary of Agriculture shall include horses and deer within the definition of ‘livestock’ covered by the program.”

Inapplicability of Section

Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.

U.S. Encyclopedia of Law Coverage

7-U.S.C.-1445K in the Legal Encyclopedia: Agriculture

In this entry about 7-U.S.C.-1445K, find legal reference material, bibliographies and premiere content related to agriculture in the American Encyclopedia of Law, presenting a comprehensive view of the United States agriculture-specific issues, written by authorities in the field.

Subchapter III – Nonbasic Agricultural Commodities in the Legal Encyclopedia: Price Support of Agricultural Commodities

In this entry about Subchapter III – Nonbasic Agricultural Commodities, find legal reference material, bibliographies and premiere content related to price support of agricultural commodities in the American Encyclopedia of Law, presenting a comprehensive view of the United States price support of agricultural commodities-specific issues, written by authorities in the field.

Topic Map


Posted

in

,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *