
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1313]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                        Part B--Marketing Quotas
 
                  subpart i--marketing quotas--tobacco
 
Sec. 1313. Apportionment of national marketing quota


(a) Apportionment among States

    The national marketing quota for tobacco established pursuant to the 
provisions of section 1312 of this title, less the amount to be allotted 
under subsection (c) of this section, shall be apportioned by the 
Secretary among the several States on the basis of the total production 
of tobacco in each State during the five calendar years immediately 
preceding the calendar year in which the quota is proclaimed (plus, in 
applicable years, the normal production on the acreage diverted under 
previous agricultural adjustment and conservation programs), with such 
adjustments as are determined to be necessary to make correction for 
abnormal conditions of production, for small farms, and for trends in 
production, giving due consideration to seed bed and other plant 
diseases during such five-year period. Notwithstanding any other 
provision of this section and section 1312 of this title, except the 
provisions in subsection (g) of this section relating to reduction of 
allotments, for any of the three marketing years, 1941-1942 to 1943-
1944, in which a national marketing quota is in effect for burley or 
flue-cured tobacco, such national marketing quota shall not be reduced 
below the 1940-1941 national marketing quota by more than 10 per centum 
and the farm-acreage allotments (other than allotments established in 
each year under subsection (g) of this section for farms on which no 
tobacco was produced in the last five years) shall be determined by 
increasing or decreasing the farm-acreage allotments established in the 
last preceding year in which marketing quotas were in effect in the same 
ratio as such national marketing quota is increased or decreased above 
or below the last preceding national marketing quota: Provided, That in 
the case of flue-cured tobacco no allotment shall be decreased below the 
1940 allotment if such allotment was two acres or less, and in the case 
of burley tobacco no allotment shall be decreased below the 1939 
allotment if such allotment was one-half acre or less, or below the 1940 
allotment if such allotment was over one-half acre and not over one 
acre: And provided further, That an additional acreage not in excess of 
2 per centum of the total acreage allotted to all farms in each State in 
1940 shall be allotted by the local committees, without regard to the 
ratio aforesaid, among farms in the State in accordance with regulations 
prescribed by the Secretary so as to establish allotments which the 
committees find will be fair and equitable in relation to the past 
acreage of tobacco (harvested and diverted); land, labor, and equipment 
available for the production of tobacco; and crop-rotation practices: 
And provided further, That the burley tobacco acreage allotment which 
would otherwise be established for any farm having a burley acreage 
allotment in 1942 shall not be less than one-half acre, and the acreage 
required for apportionment under this proviso shall be in addition to 
the National and State acreage allotments.

(b) Allotment of quota among producing farms

    The Secretary shall provide, through the local committees, for the 
allotment of the marketing quota for any State among the farms on which 
tobacco is produced, on the basis of the following: Past marketing of 
tobacco, making due allowance for drought, flood, hail, other abnormal 
weather conditions, plant bed, and other diseases; land, labor, and 
equipment available for the production of tobacco; crop-rotation 
practices; and the soil and other physical factors affecting the 
production of tobacco: Provided, That, except for farms on which for the 
first time in five years tobacco is produced to be marketed in the 
marketing year for which the quota is effective, the marketing quota for 
any farm shall not be less than the smaller of either (1) three thousand 
two hundred pounds, in the case of flue-cured tobacco, and two thousand 
four hundred pounds, in the case of other kinds of tobacco, or (2) the 
average tobacco production for the farm during the preceding three 
years, plus the average normal production of any tobacco acreage 
diverted under agricultural adjustment and conservation programs during 
such preceding three years.

(c) Allotment to previous nonproducing farms and small farms

    The Secretary shall provide, through local committees, for the 
allotment of not in excess of 5 per centum of the national marketing 
quota (1) to farms in any State whether it has a State quota or not on 
which for the first time in five years tobacco is produced to be 
marketed in the year for which the quota is effective and (2) for 
further increase of allotments to small farms pursuant to the proviso in 
subsection (b) of this section on the basis of the following: Land, 
labor, and equipment available for the production of tobacco; crop-
rotation practices; and the soil and other physical factors affecting 
the production of tobacco: Provided, That farm marketing quotas 
established pursuant to this subsection for farms on which tobacco is 
produced for the first time in five years shall not exceed 75 per centum 
of the farm marketing quotas established pursuant to subsection (b) of 
this section for farms which are similar with respect to the following: 
Land, labor, and equipment available for the production of tobacco, 
crop-rotation practices, and the soil and other physical factors 
affecting the production of tobacco.

(d) Transfer of farm marketing quotas

    Farm marketing quotas may be transferred only in such manner and 
subject to such conditions as the Secretary may prescribe by 
regulations.

(e) Quota for 1938; minimum State allotments

    In case of flue-cured tobacco, the national quota for 1938 is 
increased by a number of pounds required to provide for each State in 
addition to the State poundage allotment a poundage not in excess of 4 
per centum of the allotment which shall be apportioned in amounts which 
the Secretary determines to be fair and reasonable to farms in the State 
receiving allotments under this chapter which the Secretary determines 
are inadequate in view of past production of tobacco, and for each year 
by a number of pounds sufficient to assure that any State receiving a 
State poundage allotment of flue-cured tobacco shall receive a minimum 
State poundage allotment of flue-cured tobacco equal to the average 
national yield for the preceding five years of five hundred acres of 
such tobacco.

(f) Increase of 1938 quota

    In the case of fire-cured and dark air-cured and burley tobacco, the 
national quota for 1938 is increased by a number of pounds required to 
provide for each State in addition to the State poundage allotment a 
poundage not in excess of 2 per centum of the allotment which shall be 
apportioned in amounts which the Secretary determines to be fair and 
reasonable to farms in the State receiving allotments under this section 
which the Secretary determines are inadequate in view of past production 
of tobacco.

(g) Conversion of national marketing quota into national acreage 
        allotment

    Notwithstanding any other provision of this section, the Secretary 
may convert the national marketing quota into a national acreage 
allotment by dividing the national marketing quota by the national 
average yield for the five years immediately preceding the year in which 
the national marketing quota is proclaimed, and may apportion the 
national acreage allotment, less a reserve of not to exceed 1 per centum 
thereof for new farms, for making corrections in old farm acreage 
allotments, and for adjusting inequities in old farm acreage allotments, 
through the local committees among farms on the basis of the factors set 
forth in subsection (b) of this section, using past farm acreage and 
past farm acreage allotments for tobacco in lieu of past marketing of 
tobacco; and the Secretary on the basis of the factors set forth in 
subsection (c) of this section and the past tobacco experience of the 
farm operator, shall through the local committees allot that portion of 
the national acreage allotment reserved for new farms among farms on 
which no tobacco was produced or considered produced during the last 
five years. Any acreage of tobacco harvested in excess of the farm 
acreage allotment for the year 1955, or any subsequent crop shall not be 
taken into account in establishing State and farm acreage allotments. 
Except for farms last mentioned or a farm operated, controlled, or 
directed by a person who also operates, controls, or directs another 
farm on which tobacco is produced, the farm-acreage allotment shall be 
increased by the smaller of (1) 20 per centum of such allotment or (2) 
the percentage by which the normal yield of such allotment (as 
determined through the local committees in accordance with regulations 
prescribed by the Secretary) is less than three thousand two hundred 
pounds, in the case of flue-cured tobacco, and two thousand four hundred 
pounds in the case of other kinds of tobacco: Provided, That the normal 
yield of the estimated number of acres so added to farm acreage 
allotments in any State shall be considered as a part of the State 
marketing quota in applying the proviso in subsection (a) of this 
section. The actual production of the acreage allotment established for 
a farm pursuant to this subsection shall be the amount of the farm 
marketing quota. If any amount of tobacco shall be marketed as having 
been produced on the acreage allotment for any farm which in fact was 
produced on a different farm, the acreage allotments next established 
for both such farms shall be reduced by that percentage which such 
amount was of the respective farm marketing quota, except that such 
reduction for any such farm shall not be made if the Secretary through 
the local committees finds that no person connected with such farm 
caused, aided, or acquiesced in such marketing; and if proof of the 
disposition of any amount of tobacco is not furnished as required by the 
Secretary or if any producer on the farm files, or aids or acquiesces in 
the filing of, any false report with respect to the acreage of tobacco 
grown on the farm required by regulations issued pursuant to this 
chapter, the acreage allotment next established for the farm on which 
such tobacco is produced shall be reduced by a percentage similarly 
computed. If in any calendar year more than one crop of tobacco is grown 
from (1) the same tobacco plants or (2) different tobacco plants, and is 
harvested for marketing from the same acreage of a farm, the acreage 
allotment next established for such farm shall be reduced by an amount 
equivalent to the acreage from which more than one crop of tobacco has 
been so grown and harvested.

(h) Repealed. Feb. 16, 1938, ch. 30, title III, Sec. 378(d), as added 
        Pub. L. 85-835, title V, Sec. 501, Aug. 28, 1958, 72 Stat. 996

(i) Increase of marketing quotas and acreage allotments to meet demand

    Notwithstanding any other provision of this chapter, whenever after 
investigation the Secretary determines with respect to any kind of 
tobacco that a substantial difference exists in the usage or market 
outlets for any one or more of the types comprising such kind of tobacco 
and that the quantity of tobacco of such type or types to be produced 
under the marketing quotas and acreage allotments established pursuant 
to this section would not be sufficient to provide an adequate supply 
for estimated market demands and carry-over requirements for such type 
or types of tobacco, the Secretary shall increase the marketing quotas 
and acreage allotments for farms producing such type or types of tobacco 
in the preceding year to the extent necessary to make available a supply 
of such type or types of tobacco adequate to meet such demands and 
carry-over requirements. The increases in farm marketing quotas and 
acreage allotments shall be made on the basis of the production of such 
type or types of tobacco during the period of years considered in 
establishing farm marketing quotas and acreage allotments for such kind 
of tobacco. The additional production authorized by this subsection 
shall be in addition to the national marketing quota established for 
such kind of tobacco pursuant to section 1312 of this title. The 
increase in acreage under this subsection shall not be considered in 
establishing future State or farm acreage allotments.

(j) Tobacco acreage allotments for 1956, 1957, and 1958

    In establishing farm acreage allotments for burley tobacco crops for 
the years 1956, 1957, and 1958 the acreage allotment for any farm which 
has not been retired from agricultural production shall not be reduced 
below the acreage allotment which would otherwise be established because 
the harvested acreage was less than the allotted acreage unless the 
acreage harvested was less than 50 per centum of the allotted acreage in 
each of the preceding five years, in which event it shall not be reduced 
for such reason to less than the largest acreage harvested in any year 
in such five-year period.

(j) \1\ Old farm tobacco acreage allotment
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    \1\ So in original. Probably should be ``(k)''.
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    The production of tobacco on a farm in 1955 or any subsequent year 
for which no farm acreage allotment was established shall not make the 
farm eligible for an allotment as an old farm under subsections (b) and 
(g) of this section or section 1314c of this title: Provided, however, 
That by reason of such production the farm need not be considered as 
ineligible for a new farm allotment under subsections (c) and (g) of 
this section or section 1314c of this title, but such production shall 
not be deemed past tobacco experience for any producer on the farm.

(Feb. 16, 1938, ch. 30, title III, Sec. 313, 52 Stat. 47; Apr. 7, 1938, 
ch. 107, Sec. 5, 52 Stat. 202; May 31, 1938, ch. 292, Sec. 2, 52 Stat. 
586; Aug. 7, 1939, ch. 564, 53 Stat. 1261; June 13, 1940, ch. 360, 
Sec. 4, 54 Stat. 392; Feb. 6, 1942, ch. 44, Sec. 1, 56 Stat. 51; Apr. 
29, 1943, ch. 80, 57 Stat. 69; Oct. 17, 1951, ch. 511, 65 Stat. 422; 
Mar. 31, 1955, ch. 21, Secs. 3, 4, 69 Stat. 24; Aug. 11, 1955, ch. 789, 
69 Stat. 670; Aug. 11, 1955, ch. 799, 69 Stat. 684; Pub. L. 85-489, 
Sec. 1, July 2, 1958, 72 Stat. 291; Feb. 16, 1938, ch. 30, title III, 
Sec. 378(d), as added Pub. L. 85-835, title V, Sec. 501, Aug. 28, 1958, 
72 Stat. 995; Pub. L. 89-12, Sec. 2, Apr. 16, 1965, 79 Stat. 72; Pub. L. 
90-106, Oct. 12, 1967, 81 Stat. 275.)


                               Amendments

    1967--Subsec. (g). Pub. L. 90-106 changed manner in which tobacco 
acreage allotments are computed by providing for conversion of national 
marketing quota for tobacco into a national acreage allotment to be 
apportioned among farms instead of apportioning the national quota among 
the States, based on past State production, and then converting into 
State acreage allotments for apportionment among farms.
    1965--Subsec. (j). Pub. L. 89-12 inserted in old farm tobacco 
acreage allotment provisions reference to section 1314c of this title in 
two places.
    1958--Subsec. (g). Pub. L. 85-489 required reduction of acreage 
allotment if in any calendar year more than one crop of tobacco is grown 
from same tobacco plants or different tobacco plants, and is harvested 
for marketing from same acreage of a farm.
    Subsec. (h). Act Feb. 16, 1938, Sec. 378(d), as added by Pub. L. 85-
835, repealed subsec. (h) which related to adjustment of allotment upon 
acquisition of part of farms by United States for defense.
    1955--Subsec. (g). Act Mar. 31, 1955, Secs. 3, 4, provided that 
excess tobacco acreage for years 1955 and thereafter should not be taken 
into consideration as part of farm history in establishing future 
acreage allotments, and that if a producer makes a false report of 
acreage of tobacco grown on his farm, the amount of misstatement should 
be deducted from his next year's allotment.
    Subsec. (j). Act Aug. 11, 1955, ch. 789, added subsec. (j) relating 
to tobacco acreage allotments for 1956, 1957, and 1958.
    Act Aug. 11, 1955, ch. 799, added subsec. (j) relating to old farm 
tobacco acreage allotment.
    1951--Subsec. (i). Act Oct. 17, 1951, added subsec. (i).
    1943--Subsec. (a). Act Apr. 29, 1943, inserted proviso beginning 
``That the Burley tobacco acreage''.
    1942--Subsec. (h). Act Feb. 6, 1942, added subsec. (h).
    1940--Subsec. (a). Act June 13, 1940, inserted all following first 
sentence.
    1939--Subsec. (g). Act. Aug. 7, 1939, added subsec. (g).
    1938--Subsec. (a). Act Apr. 7, 1938, struck out ``net''.
    Subsec. (e). Act May 31, 1938, substituted ``4 per centum'' for ``2 
per centum''.
    Act Apr. 7, 1938, added subsec. (e).
    Subsec. (f). Act May 31, 1938, added subsec. (f).


                    Effective Date of 1958 Amendment

    Section 2 of Pub. L. 85-489 provided that: ``The amendment made by 
this Act [amending this section] shall become effective beginning with 
the 1958 crop of tobacco''.


                            Savings Provision

    Transfer or reassignment of allotment as remaining in effect and 
ineligibility of displaced farm owner for additional allotment 
notwithstanding repeal of subsec. (h), see note set out under section 
1378 of this title.


   Increase of Marketing Quotas and Acreage Allotments To Meet Demand 
   Unaffected by Acreage-Poundage Marketing Quotas and Price Support 
                               Provisions

    Authority or responsibility of Secretary of Agriculture under 
subsec. (i) of this section with respect to increasing allotments or 
quotas for farms producing certain types of tobacco unaffected by 
acreage-poundage quotas and price support provisions, see note set out 
under section 1314c of this title.


        Fire-Cured, Dark Air-Cured and Virginia Sun-Cured Tobacco

    Amount of price support for fire-cured, dark air-cured, and Virginia 
sun-cured tobacco, see note set out under section 1312 of this title.


                Apportionment of Burley Acreage Allotment

    Joint Res. Mar. 31, 1944, ch. 149, 58 Stat. 136, provided that 
notwithstanding the provisions of this section the burley tobacco 
acreage allotment which would otherwise be established for any farm 
having a burley acreage allotment in 1943 should be less than one acre, 
or 25 per centum of the cropland, whichever is the smaller, and the 
acreage required for apportionment under the resolution should be in 
addition to the National and State acreage allotments.

                  Section Referred to in Other Sections

    This section is referred to in section 1314c of this title.
