About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-184506 1 (1977-03-09)

handle is hein.gao/gaobaddwa0001 and id is 1 raw text is: I S. 4 DECISION r~4 0 0 0 FILE: A-184506 THU COMPTROLRLER GENERAL .F THE UNITED STATRO WA .SHINGTON. O.C. RO0S1 4gWt DATE: March 9, 197 MATTER OF: Claim of Nabisco, Inc. Under the Processor Wheat Marketing Certificate Progrem Claim by Nabisco for cost of wheat marketing certificates, under regulations implementing transition relief provision of Agriculture and Consumer Protection Act of 19-', is denied. Claim is based on quantity of '>okies on hand or in trade channels on June 30, 1973. Depart- meant of Agriculture does not consider such items food productt as defined in regulations, applying the term only to first product manufactured from wheat for which certificate was orig-nally purchased. Agriculture's interpretation is not unreasonable or inconsistent with regulation or purpose of Act and has been applied consistently. On April 8, 1976, Nabioco, Inc. filed a claim with this Office against the United S1tates in the amount of $1,352,385.42 ($1,160,553 principal plus $191,832.42 interest). This claim arose out of the application of the regulations governing the transition provisions of the Processor Wheat MarketinG Certificate Program, administered by the'Department of'Agriculture. We have requested and received the views of the Department on the merits of Nabisco's claim, as well as Nabisco's response to those views. .The Agricultural Adjustment Act of 1938, as amended,provided for a wheat marketing 'allocation program. 7 U.S.C. §§ 1379d-j (1970). As a means of regulatiag commerce in wheat and assuring the farmer a fair price for his crnp, all processors of wheat were required to purchase domestic marketing certificates for wheat processed irnto food products, equivalent to the number of bushels of wheat cont&ined in the food products. This requirement was suspended for 5 years as of July 1, 1973, by the Agriculture and Consumer Protection Act of 1973, Pub. L. No. 93-86, 87 Stct. 228, August 10, 1973. Section 1(10) of the 1973 act authorized the Secretary of Agriculture: *** * to take such action as he determines to be necessary to facilitate the transition from the certificate program provided for under section 379d [of the Agricultural d DIGEET: Lr _

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most