
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1314b-1]

 
                          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. 1314b-1. Mandatory sale of certain Flue-cured tobacco 
        acreage allotments and marketing quotas
        

(a) Sale or forfeiture of acreage allotment or marketing quota by 
        institutional farmowners not later than the later of December 1, 
        1984, or December 1 of year after year in which farm acquired

    Any person (including, but not limited to, any governmental entity, 
public utility, educational institution, or religious institution, but 
not including any individual, any partnership, any family farm 
corporation, any trust, estate or similar fiduciary account with respect 
to which the beneficial interest is in one or more individuals, or any 
educational institution that uses a Flue-cured acreage allotment or 
quota for instructional or demonstration purposes) which, on or after 
July 20, 1982--
        (1) owns a farm for which a Flue-cured acreage allotment or 
    marketing quota is established under this chapter; and
        (2) is not significantly involved in the management or use of 
    land for agricultural purposes;

shall sell such allotment or quota in accordance with section 1314b(g) 
of this title not later than December 1, 1984, or December 1 of the year 
after the year in which the farm is acquired, whichever is later, or 
shall forfeit such allotment or quota under the procedure specified in 
subsection (c) of this section.

(b) Forfeiture of acreage allotment or marketing quota by farmowners on 
        or after December 1, 1983

    Any person (including, but not limited to, any governmental entity, 
public utility, educational institution, or religious institution) who, 
on or after December 1, 1983, owns a farm for which the total acreage 
alloted \1\ for the production of Flue-cured tobacco under this chapter 
exceeds 50 per centum of such farm's tillable cropland, as defined in 
section 1314b(e)(2) of this title, shall forfeit any acreage allotment 
or marketing quota representing the excess under the procedure specified 
in subsection (c) of this section. In the case of any person who 
acquires a farm after December 1, 1983, the acreage allotment or 
marketing quota representing the excess shall not be subject to 
forfeiture until July 1 of the year after the year of acquisition.
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    \1\ So in original. Probably should be ``allotted''.
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(c) Notice and opportunity for hearing; determination; review

    (1) If, after notice and an opportunity for a hearing, the 
appropriate county committee determines that any person knowingly failed 
to comply with subsection (a) or (b) of this section, then the allotment 
or quota specified in such subsection shall be forfeited and shall be 
reallocated in the manner provided for in section 1314b(h)(3)(A) of this 
title.
    (2) Notice of such determination shall be mailed, as soon as 
practicable, to such person. If such person is dissatisfied with such 
determination, then such person, within fifteen days after notice of 
such determination is so mailed, may request review of such 
determination under section 1363 of this title.

(Feb. 16, 1938, ch. 30, title III, Sec. 316A, as added Pub. L. 97-218, 
title II, Sec. 202, July 20, 1982, 96 Stat. 205; amended Pub. L. 98-180, 
title II, Sec. 207(a), Nov. 29, 1983, 97 Stat. 1148.)


                               Amendments

    1983--Subsec. (a). Pub. L. 98-180 inserted ``, any partnership, any 
family farm corporation, any trust, estate or similar fiduciary account 
with respect to which the beneficial interest is in one or more 
individuals, or any educational institution that uses a Flue-cured 
acreage allotment or quota for instructional or demonstration purposes'' 
after ``any individual'' and substituted ``1984'' for ``1983''.


                             Effective Date

    Section effective July 20, 1982, but not to apply to any lease of a 
Flue-cured tobacco acreage allotment or marketing quota entered into 
under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) 
before that date, see section 207 of Pub. L. 97-218, set out as an 
Effective Date of 1982 Amendment note under section 1314b of this title.
