Page:United States Statutes at Large Volume 97.djvu/1163

 PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1131 $10 per hundredweight and the amount, measured in hundred- weights, by which the quantity of milk marketed by such producer for commercial usc during the period specified in such contract is less than the quantity of milk marketed by such producer for commercial usc during the marketing history period. "(D) No payment may be made under subparagraph (C) to a producer with respect to— "(i) any reduction in the quantity of milk marketed by the producer for commercial usc that exceeds the lesser of 30 per centum of the aggregate quantity of milk marketed by the producer for commercial usc during the producer's marketing history period, or the sum of— "(I) the reduction in the quantity of milk marketed for commercial usc required under the provisions of the contract the producer has entered into under this para- graph, after emy adjustment by the Secretary under subparagraph (E); and "(II) 3 per centum of the quantity of milk marketed by the producer for commercial usc during such pro- ducer's marketing history period; "(ii) any reduction in the quantity of milk marketed by the producer for commercial usc if such reduction is less than the larger of 5 per centum of the aggregate quantity of milk marketed by the producer for commercial usc during the producer's marketing history period, or the difference between— "(I) the reduction in the quantity of milk marketed for commercial usc required under the provisions of the contract the producer has entered into under this para- graph, after any adjustment by the Secretary under subparagraph (E); and "(II) 3 per centum of the quantity of milk marketed by the producer for commercial usc during such pro- ducer's marketing history period; "(iii) except as provided in subparagraph (H), any reduc- tion in the quantity of milk marketed for commercial usc by a producer who, as determined by the Secretary, was not actively engaged in the production of milk for commercial usc as of the date of enactment of the Dairy Production Stabilization Act of 1983; and "(iv) any reduction in the quantity of milk marketed for commercial usc by a producer who violates any require- ment specified in this paragraph. "(E) The Secretary may, in accordance with such rules or procedures as prescribed by the Secretary, modify contracts entered into under this paragraph if the Secretary determines that, as a result of contracts entered into under this paragraph, (i) there would be an excessive reduction in the level of milk production in the United States, or (ii) there has been a substan- tial hardship to producers of beef cattle, dairy cattle, hogs, or poultry sold for slaughter. If, under the provisions of clause (ii), the Secretary should specify a reduction in marketings in any quarter that is less than the percentage specified in the con- tract, such modification shall not be so great as to require the producer to make a reduction in excess of 150 per centum of the reduction required by the contract in any succeeding quarter: Payment restrictions. Ante, p. 1128. Contract modification.

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