§1339a. Good faith reliance

Notwithstanding any other provision of law, to the extent the Secretary of Agriculture considers it desirable in order to provide fair and equitable treatment, the Secretary may make price support or other payments available to farmers who have, in attempting to comply with the requirements of any price support or other program administered by the Secretary or any other requirements in law affecting such person's eligibility under such programs, taken actions in good faith in reliance on the action or advice of an authorized representative of the Secretary. The Secretary may provide such price support or other payments to the extent the Secretary determines such farmer has been injured by such good faith reliance and may require such farmer to take necessary actions designed to remedy any failure to comply with such programs. The authority provided in this section shall be in addition to any other authority provided to the Secretary under any other Act. This section shall be applicable to an action taken by a representative of the Secretary that occurs before, on, or after November 28, 1990. This section shall not apply to a pattern of conduct where authorized representatives of the Secretary take actions or provide advice with respect to producers that the representatives and producers know are inconsistent with applicable laws and regulations.

( Pub. L. 87–703, title III, §326, Sept. 27, 1962, 76 Stat. 631 ; Pub. L. 88–26, §4, May 20, 1963, 77 Stat. 47 ; Pub. L. 89–321, title III, §303, Nov. 3, 1965, 79 Stat. 1192 ; Pub. L. 101–624, title XI, §1132(c), Nov. 28, 1990, 104 Stat. 3515 ; Pub. L. 102–237, title I, §118(d), Dec. 13, 1991, 105 Stat. 1842 .)

Codification

Section was enacted as part of the Food and Agriculture Act of 1962, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.

Amendments

1991-Pub. L. 102–237 inserted at end "The authority provided in this section shall be in addition to any other authority provided to the Secretary under any other Act. This section shall be applicable to an action taken by a representative of the Secretary that occurs before, on, or after November 28, 1990. This section shall not apply to a pattern of conduct where authorized representatives of the Secretary take actions or provide advice with respect to producers that the representatives and producers know are inconsistent with applicable laws and regulations."

1990-Pub. L. 101–624 amended section generally. Prior to amendment, section read as follows: "Notwithstanding any other provision of law, performance rendered in good faith in reliance upon action or advice of an authorized representative of the Secretary may be accepted as meeting the requirements of any program under which price support is extended or payments are made to farmers, and price support may be extended or payments may be made therefor in accordance with such action or advice to the extent the Secretary deems it desirable in order to provide fair and equitable treatment."

1965-Pub. L. 89–321 substituted "the requirements of any program under which price support is extended or payments are made to farmers, and price support may be extended or" for "the requirements of subsections (c), (d), (g), and (h) of section 590p of title 16, or of section 307 of the Food and Agriculture Act of 1962, section 1339 of this title, or of section 124 of the Agriculture Act of 1961".

1963-Pub. L. 88–26 inserted reference to subsection (h) of section 590p of title 16.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

Short Title of 1963 Amendment

Section 1 of Pub. L. 88–26 provided: "That this Act [amending this section and section 590p of Title 16 and provisions set out as note under section 1441 of this title] may be cited as the 'Feed Grain Act of 1963'."

Section Referred to in Other Sections

This section is referred to in section 6998 of this title.