---
kind: "section"
citation: "7 U.S.C. § 8783"
title: "7"
title_heading: "Agriculture"
number: "8783"
heading: "Availability of quality incentive payments for covered oilseed producers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/8783"
units:
  - "Chapter 113 — Agricultural Commodity Support Programs"
  - "Subchapter V — Administration"
---

# §8783. Availability of quality incentive payments for covered oilseed producers

- (a) **Incentive payments required—** Subject to [subsection (b)](#b) and the availability of appropriations under [subsection (h)](#h), the [Secretary](/usc/7/499a.md?p=b-2) shall use funds made available under [subsection (h)](#h) to provide quality incentive payments for the production of oilseeds with specialized traits that enhance human health, as determined by the [Secretary](/usc/7/499a.md?p=b-2).
- (b) **Covered oilseeds—** The [Secretary](/usc/7/499a.md?p=b-2) shall make payments under this section only for the production of an oilseed variety that has, as determined by the [Secretary](/usc/7/499a.md?p=b-2)—
  - (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—** If funds are made available to carry out this section for a crop year, the [Secretary](/usc/7/499a.md?p=b-2) shall issue a request for proposals for payments under this section.
  - (2) **Multiyear proposals—** A proponent may submit a multiyear proposal for payments under this section.
  - (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)](#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](/usc/7/8702.md?p=13-A);
    - (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](/usc/7/8702.md?p=13-A); 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—** The [Secretary](/usc/7/499a.md?p=b-2) shall approve successful proposals submitted under [subsection (c)](#c) on a timely basis.
  - (2) **Timing of payments—** The [Secretary](/usc/7/499a.md?p=b-2) shall make payments to [producers](/usc/7/8702.md?p=13-A) under this section after the [Secretary](/usc/7/499a.md?p=b-2) receives documentation that the premium required under a contract has been paid to covered [producers](/usc/7/8702.md?p=13-A).
- (e) **Administration—**
  - (1) **In general—** If funding provided for a crop year is not fully allocated under the initial request for proposals under [subsection (c)](#c), the [Secretary](/usc/7/499a.md?p=b-2) shall issue additional requests for proposals for subsequent crop years under this section.
  - (2) **Prorated payments—** If funding provided for a crop year is less than the amount otherwise approved by the [Secretary](/usc/7/499a.md?p=b-2) or for which approval is sought, the [Secretary](/usc/7/499a.md?p=b-2) shall prorate the payments or approvals in a manner determined by the [Secretary](/usc/7/499a.md?p=b-2) so that the total payments do not exceed the funding level.
- (f) **Proprietary information—** The [Secretary](/usc/7/499a.md?p=b-2) shall protect proprietary information provided to the [Secretary](/usc/7/499a.md?p=b-2) for the purpose of administering this section.
- (g) **Program compliance and penalties—**
  - (1) **Guarantee—** The proponent, if approved, shall be required to guarantee that the oilseed on which a payment is made by the [Secretary](/usc/7/499a.md?p=b-2) under this section is used for human consumption as described in the proposal, as approved by the [Secretary](/usc/7/499a.md?p=b-2).
  - (2) **Noncompliance—** If oilseeds on which a payment is made by the [Secretary](/usc/7/499a.md?p=b-2) under this section are not actually used for the purpose the payment is made, the proponent shall be required to pay to the [Secretary](/usc/7/499a.md?p=b-2) an amount equal to, as determined by the [Secretary](/usc/7/499a.md?p=b-2)—
    - (A) in the case of an inadvertent failure, twice the amount of the payment made by the [Secretary](/usc/7/499a.md?p=b-2) under this section to the [producer](/usc/7/8702.md?p=13-A) of the oilseeds; and
    - (B) in any other case, up to twice the full value of the oilseeds involved.
  - (3) **Documentation—** The [Secretary](/usc/7/499a.md?p=b-2) may require such assurances and documentation as may be needed to enforce the guarantee.
  - (4) **Additional penalties—**
    - (A) **In general—** In addition to payments required under [paragraph (2)](#g-2), the [Secretary](/usc/7/499a.md?p=b-2) may impose penalties on additional [persons](/usc/7/499a.md?p=b-1) that use oilseeds the use of which is restricted under this section for a purpose other than the intended use.
    - (B) **Amount—** The amount of a penalty under this paragraph shall—
      - (i) be in an amount determined appropriated by the [Secretary](/usc/7/499a.md?p=b-2); but
      - (ii) not to exceed twice the full value of the oilseeds.
- (h) **Authorization of appropriations—** There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2012.

## Source credit

(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.)

## Notes

### Editorial Notes

### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

### Statutory Notes and Related Subsidiaries

### Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.