-CITE-
21 USC Sec. 889 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part E - Administrative
and Enforcement Provisions
-HEAD-
Sec. 889. Production control
of controlled substances
-STATUTE-
(a) Definitions
As used in this section:
(1) The term ''controlled
substance'' has the same meaning given such term in section 802(6)
of this title.
(2) The term ''Secretary''
means the Secretary of Agriculture.
(3) The term ''State''
means each of the fifty States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands of the United States, American Samoa, the Commonwealth
of the Northern Mariana Islands, or the Trust Territory
of the Pacific Islands.
(b) Persons
ineligible for Federal agricultural program benefits
Notwithstanding any other provision of law, following December 23, 1985,
any person who is convicted under Federal or State law of planting,
cultivation, growing, producing, harvesting, or storing a controlled
substance in any crop year shall be ineligible for -
(1) as to any commodity
produced during that crop year, and the four succeeding crop years,
by such person -
(A) any price support
or payment made available under the Agricultural
Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit
Corporation Charter Act (15 U.S.C. 714 et seq.), or any other
Act;
(B) a farm storage facility
loan made under section 4(h) of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h));
(C) crop insurance under
the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.);
(D) a disaster payment
made under the Agricultural Act of 1949
(7 U.S.C. 1421 et seq.); or
(E) a loan made, insured
or guaranteed under the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) or any other
provision of law administered by the Farmers Home Administration;
or (2) a payment
made under section 4 or 5 of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714b or 714c) for the storage of
an agricultural commodity that is -
(A) produced during that
crop year, or any of the four succeeding
crop years, by such person; and (B)
acquired by the Commodity Credit Corporation.
(c) Regulations
Not later than 180 days after December 23, 1985, the Secretary shall
issue such regulations as the Secretary determines are necessary to
carry out this section, including regulations that -
(1) define the term ''person'';
(2) govern the determination
of persons who shall be ineligible for
program benefits under this section; and
(3) protect the interests
of tenants and sharecroppers.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 519, formerly Pub. L. 99-198, title XVII,
Sec. 1764, Dec. 23, 1985, 99 Stat. 1652; renumbered Sec. 519 of
Pub. L. 91-513, Pub. L. 101-647, title X, Sec. 1002(h)(2), Nov. 29,
1990, 104 Stat. 4828.)
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REFERENCES
IN TEXT
The Agricultural Act of 1949,
referred to in subsec. (b)(1)(A), (D),
is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which
is classified principally to chapter 35A (Sec. 1421 et seq.) of
Title 7, Agriculture. For complete classification of this Act to the
Code, see Short Title note set out under section 1421 of Title 7
and Tables.
The Commodity Credit Corporation
Charter Act, referred to in subsec. (b)(1)(A), is act June 29, 1948,
ch. 704, 62 Stat. 1070, as amended, and is classified generally to subchapter
II (Sec. 714 et seq.) of chapter 15 of Title 15, Commerce and Trade.
For complete classification of this Act to the Code, see Short Title
note set out under section 714 of Title 15 and Tables.
The Federal Crop Insurance
Act, referred to in subsec. (b)(1)(C), is title V of act Feb. 16, 1938,
ch. 30, 52 Stat. 72, as amended, which is classified generally to chapter
36 (Sec. 1501 et seq.) of Title 7, Agriculture. For complete classification
of this Act to the Code, see section 1501 of Title 7 and Tables.
The Consolidated Farm and
Rural Development Act, referred to in subsec.
(b)(1)(E), is title III of Pub. L. 87-128, Aug. 8, 1961, 75 Stat.
307, as amended, which is classified principally to chapter 50
(Sec. 1921 et seq.) of Title 7. For complete classification of this
Act to the Code, see Short Title note set out under section 1921
of Title 7 and Tables.
-COD-
CODIFICATION
Section was classified to
section 881a of this title prior to renumbering
by Pub. L. 101-647.
-MISC3-
AMENDMENTS
1990 - Pub. L. 101-647 renumbered
section 881a of this title as this section.
-TRANS-
TERMINATION
OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust
Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
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