[55 STAT. PUBLIC LAWS-CH. 133-MAY 26, 1941 duction of the acreage planted to corn on the farm, less the normal production or the actual production, whichever is the smaller, of that acreage planted to corn on the farm which is in excess of the farm acreage allotment for corn. "Farm marketing The normal production, or the actual production, whichever is the excess smaller, of such excess acreage is hereinafter called the "farm market- ing excess" of corn or wheat, as the case may be. For the purposes "Actual produc- of this resolution, "actual production" of any number of acres of corn ti " or wheat on a farm means the actual average yield of corn or wheat, as the case may be, for the farm times such number of acres. Penalty on market- (2) During any marketing year for which quotas are in effect, the ing excess. producer shall be subject to a penalty on the farm marketing excess of corn and wheat. The rate of the penalty shall be 50 per centum of the basic rate of the loan on the commodity for cooperators for such 52 Stat. 43. marketing year under section 302 of the Act and this resolution. Computation of (3) The farm marketing excess for corn and wheat shall be aennaty, storage regarded as available for marketing, and the penalty and the stor- age amount or amounts to be delivered to the Secretary of the commodity shall be computed upon the normal production of the excess acreage. Where, upon the application of the producer for an adjustment of penalty or of storage, it is shown to the satisfac- tion of the Secretary that the actual production of the excess acreage is less than the normal production thereof, the difference between the amount of the penalty or storage as computed upon the basis of normal production and as computed upon the basis of actual storage or delivery production shall be returned to or allowed the producer. The Sec- o excess to Secretary. retary shall issue regulations under which the farm marketing excess of the commodity for the farm may be stored or delivered to him. Upon failure to store or deliver to the Secretary the farm marketing excess within such time as may be determined under regulations prescribed by the Secretary, the penalty computed as aforesaid shall Disposition. be paid by the producer. Any corn or wheat delivered to the Secre- tary hereunder shall become the property of the United States and shall be disposed of by the Secretary for relief purposes in the United States or in foreign countries or in such other manner as he shall determine will divert it from the normal channels of trade and commerce. Crop subject to lien. (4) Until the producers on any farm store, deliver to the Secre- tary, or pay the penalty on, the farm marketing excess of any crop of corn or wheat, the entire crop of corn or wheat, as the case may be, produced on the farm shall be subject to a lien in favor of the United States for the amount of the penalty. amonstoredn n (5) The penalty upon corn or wheat stored shall be paid by the producer at the time, and to the extent, of any depletion in the amount of the commodity so stored, except depletion resulting from some cause beyond the control of the producer. Reductionofstorage (6) Whenever the planted acreage of the then current crop of corn or wheat on any farm is less than the farm acreage allotment for such commodity, the total amount of the commodity from any previous crops required to be stored in order to postpone or avoid payment of penalty shall be reduced by that amount which is equal to the normal production of the number of acres by which the farm acreage 72. t . Ca.32(b). allotment exceeds the planted acreage. The provisions of section (e). 326 (b) and (c) of the Act shall be applicable also to wheat. Exemptions. smeallPeagse. (7) A farm marketing quota on corn or wheat shall not be applicable to any farm on which the acreage planted to the commodity is not in onalo m n t excess of fifteen acres. The marketing penalty on corn or wheat shall not be applicable to any farm which, under the terms of the
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