§ 450j. — Indemnity payments to dairy farmers and manufacturers of dairy products; milk removed for its residue of chemical or toxic substances; nuclear radiation or fallout contaminants; other legal recourse.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC450j]
TITLE 7--AGRICULTURE
CHAPTER 17--MISCELLANEOUS MATTERS
Sec. 450j. Indemnity payments to dairy farmers and manufacturers
of dairy products; milk removed for its residue of chemical or
toxic substances; nuclear radiation or fallout contaminants;
other legal recourse
The Secretary of Agriculture is authorized to make indemnity
payments for milk or cows producing such milk at a fair market value, to
dairy farmers who have been directed since January 1, 1964 (but only
since August 10, 1973, in the case of indemnity payments not authorized
prior to August 10, 1973), to remove their milk, and to make indemnity
payments for dairy products at fair market value to manufacturers of
dairy products who have been directed since November 30, 1970, to remove
their dairy products from commercial markets because of residues of
chemicals registered and approved for use by the Federal Government at
the time of such use. The Secretary is also authorized to make indemnity
payments for milk, or cows producing such milk, at a fair market value
to any dairy farmer who is directed to remove his milk from commercial
markets because of (1) the presence of products of nuclear radiation or
fallout if such contamination is not due to the fault of the farmer, or
(2) residues of chemicals or toxic substances not included under the
first sentence of this section if such chemicals or toxic substances
were not used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not
due to the fault of the farmer: Provided, That no indemnity payment may
be made for contamination resulting from such residues of chemicals or
toxic substances if the Secretary determines within thirty days after
the date of application for payment that other legal recourse is
available to the farmer. Any indemnity payment to any farmer shall
continue until he has been reinstated and is again allowed to dispose of
his milk on commercial markets.
(Pub. L. 90-484, Sec. 1, Aug. 13, 1968, 82 Stat. 750; Pub. L. 91-524,
title II, Sec. 204(b), Nov. 30, 1970, 84 Stat. 1362; Pub. L. 93-86,
Sec. 1(5)(B), Aug. 10, 1973, 87 Stat. 223; Pub. L. 95-113, title II,
Sec. 205(1), Sept. 29, 1977, 91 Stat. 920.)
Prior Provisions
The following Acts authorized indemnity payments for the periods
ending as indicated:
June 30, 1968--Pub. L. 90-95, Sec. 1, Sept. 28, 1967, 81 Stat. 231.
June 30, 1967--Pub. L. 89-794, title III, Sec. 301(c), Nov. 8, 1966,
80 Stat. 1465.
June 30, 1966--Pub. L. 89-253, Sec. 24, Oct. 29, 1965, 79 Stat. 977.
June 30, 1965--Pub. L. 89-16, title III, Sec. 303, Apr. 30. 1965, 79
Stat. 108.
Jan. 31, 1965--Pub. L. 88-452, title III, Sec. 331, Aug. 20, 1964,
78 Stat. 525.
Amendments
1977--Pub. L. 95-113 authorized indemnity payments for milk, or cows
producing such milk, at a fair market value to any dairy farmer who is
directed to remove his milk from commercial markets because of the
presence of products of nuclear radiation or fall- out if such
contamination is not due to the fault of the farmer, or because of
residues of chemicals or toxic substances not included under the first
sentence of this section if such chemicals or toxic substances were not
used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not
due to the fault of the farmer, and inserted provision that no indemnity
payment may be made for contamination resulting from residues of
chemicals or toxic substances if the Secretary determines within thirty
days after the date of application for payment that other legal recourse
is available to the farmer.
1973--Pub. L. 93-86 inserted ``for milk or cows producing such
milk'' after ``The Secretary of Agriculture is authorized to make
indemnity payments'' and ``(but only since August 10, 1973, in the case
of indemnity payments not authorized prior to August 10, 1973)'' after
``January 1, 1964'' and substituted ``, and to make indemnity payments
for dairy products at fair market value to'' for ``and'' after ``remove
their milk'' and ``of'' for ``it contained'' before ``residues of
chemicals''.
1970--Pub. L. 91-524 inserted ``and manufacturers of dairy products
who have been directed since November 30, 1970, to remove their dairy
products,'' after ``milk'', in first sentence, and substituted ``Any
indemnity payment to any farmer shall continue'' for ``Such indemnity
payments shall continue to each dairy farmer'' in second sentence.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.
Section Referred to in Other Sections
This section is referred to in sections 450k, 450l of this title.
