7 USC 8783 - Availability of quality incentive payments for covered oilseed producers

U.S Code last checked for updates: Nov 23, 2024

§ 8783.

Availability of quality incentive payments for covered oilseed producers

(a)

Incentive payments required

(b)

Covered oilseeds

The Secretary shall make payments under this section only for the production of an oilseed variety that has, as determined by the Secretary—

(1)

been demonstrated to improve the health profile of the oilseed for use in human consumption by—

(A)

reducing or eliminating the need to partially hydrogenate the oil derived from the oilseed for use in human consumption; or

(B)

adopting new technology traits; and

(2)

1 or more impediments to commercialization.

(c)

Request for proposals

(1)

Issuance

(2)

Multiyear proposals

(3)

Content of proposals

A proposal for payments under this section shall include a description of—

(A)

how use of the oilseed enhances human health;

(B)

the impediments to commercial use of the oilseed;

(C)

each oilseed variety described in subsection (b) and the value of the oilseed variety as a matter of public policy;

(D)

a range for the base price and premiums per bushel or hundredweight to be paid to producers;

(E)

a per bushel or hundredweight amount of incentive payments requested for each year under this section that does not exceed ⅓ of the total premium offered for any year;

(F)

the period of time, not to exceed 4 years, during which incentive payments are to be provided to producers; and

(G)

the targeted total quantity of production and estimated acres needed to produce the targeted quantity for each year under this section.

(d)

Contracts for production

(1)

In general

(2)

Timing of payments

(e)

Administration

(1)

In general

(2)

Prorated payments

(f)

Proprietary information

(g)

Program compliance and penalties

(1)

Guarantee

(2)

Noncompliance

If oilseeds on which a payment is made by the Secretary under this section are not actually used for the purpose the payment is made, the proponent shall be required to pay to the Secretary an amount equal to, as determined by the Secretary—

(A)

in the case of an inadvertent failure, twice the amount of the payment made by the Secretary under this section to the producer of the oilseeds; and

(B)

in any other case, up to twice the full value of the oilseeds involved.

(3)

Documentation

(4)

Additional penalties

(A)

In general

(B)

Amount

The amount of a penalty under this paragraph shall—

(i)

be in an amount determined appropriated by the Secretary; but

(ii)

not to exceed twice the full value of the oilseeds.

(h)

Authorization of appropriations

(Pub. L. 110–234, title I, § 1605, May 22, 2008, 122 Stat. 1016; Pub. L. 110–246, § 4(a), title I, § 1605, June 18, 2008, 122 Stat. 1664, 1744.)

cite as: 7 USC 8783