
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: 7USC1314b-2]

 
                          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-2. Mandatory sale of certain Burley tobacco acreage 
        allotments and marketing quotas
        

(a) Sale or forfeiture of 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) which, on or after July 20, 1982--
        (1) owns a farm for which a Burley tobacco marketing quota is 
    established under this chapter; and
        (2) does not use the land on the farm for agricultural purposes, 
    or does not use its Burley marketing quota for educational, 
    instructional, or demonstration purposes;

shall sell, not later than December 1, 1984, or December 1 of the year 
after the year in which the farm is acquired, whichever is later, such 
quota to an active Burley tobacco producer or any person who intends to 
become an active Burley tobacco producer, as defined by the Secretary, 
for use on another farm in the same county or shall forfeit such quota 
under the procedure specified in subsection (b) of this section. 
Notwithstanding the foregoing provisions of this subsection, any person 
to whom this subsection, as in effect prior to November 29, 1983, 
applies and who--
        (A) is required to sell or forfeit the marketing quota by 
    December 1, 1983, because the person was not significantly involved 
    in the management or use of the land for agricultural purposes, but
        (B) would be eligible to retain the marketing quota under this 
    subsection, as amended by the Tobacco Adjustment Act of 1983,

may, if the person elects to do so, sell such person's marketing quota 
if a record of the transfer is filed with the county committee by 
February 1, 1984.

(b) Notice and opportunity for hearing; determination; review

    (1) If, after notice and an opportunity for a hearing, the county 
committee of the county referred to in subsection (a) of this section 
determines that any person knowingly failed to comply with such 
subsection, then the quota specified in such subsection shall be 
forfeited and shall be reallocated by such county committee to other 
active Burley tobacco producers or those intending to become active 
Burley tobacco producers as defined by the Secretary, for use in such 
county.
    (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 may request, within fifteen days after 
notice of such determination is so mailed, a review of such 
determination by a local review committee under section 1363 of this 
title.

(c) Sale or forfeiture of allotment or quota by subsequent purchaser; 
        notice and opportunity for hearing; determination; review

    (1) Any person who--
        (A) acquires any Burley tobacco marketing quota by purchase 
    under subsection (a) of this section; and
        (B) with respect to any crop of Burley tobacco planted after the 
    date of such acquisition, fails for the five-year period immediately 
    subsequent to the year of such acquisition to share in the risk of 
    producing Burley tobacco under such allotment or quota in the manner 
    specified in paragraph (2) of this subsection;

shall sell such quota before the expiration of the eighteen-month period 
beginning on July 1 of the year in which such crop is planted, or such 
quota shall be subject to forfeiture under the procedures specified in 
paragraph (3) of this subsection.
    (2) For purposes of this subsection, a person shall be considered to 
have shared in the risk of producing a crop of Burley tobacco if--
        (A) the investment of such person in the production of such crop 
    is not less than 20 per centum of the proceeds of the sale of such 
    crop;
        (B) the amount of such person's return on such investment is 
    dependent solely on the sale price of such crop; and
        (C) such person may not receive any of such return before the 
    sale of such crop.

    (3)(A) If, after notice and an opportunity for a hearing, the county 
committee of the county referred to in subsection (a) of this section 
determines that any person knowingly failed to comply with this 
subsection, then the quota specified in this subsection shall be 
forfeited and shall be reallocated by such county committee for use by 
active Burley tobacco producers or those intending to become active 
Burley tobacco producers, as defined by the Secretary, for use in such 
county.
    (B) 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 may request, within fifteen days after 
notice of such determination is so mailed, a review of such 
determination by a local review committee under section 1363 of this 
title.

(Feb. 16, 1938, ch. 30, title III, Sec. 316B, as added Pub. L. 97-218, 
title III, Sec. 302, July 20, 1982, 96 Stat. 210; amended Pub. L. 98-
180, title II, Sec. 207(b), Nov. 29, 1983, 97 Stat. 1148.)

                       References in Text

    The Tobacco Adjustment Act of 1983, referred to in subsec. (a), is 
title II of Pub. L. 98-180, Nov. 29, 1983, 97 Stat. 1143. For amendment 
of subsec. (a) of this section by section 207(b) of Pub. L. 98-180, see 
1983 Amendment note below.


                               Amendments

    1983--Subsec. (a). Pub. L. 98-180 substituted in par. (2) ``does not 
use the land on the farm for agricultural purposes, or does not use its 
Burley marketing quota for educational, instructional, or demonstration 
purposes'' for ``is not significantly involved in the management or use 
of land for agricultural purposes'' and in provision following par. (2) 
``1984'' for ``1983'' and inserted in provision following par. (2) 
provision permitting any person subject to this subsection as in effect 
prior to Nov. 29, 1983, who would be required to sell or forfeit the 
marketing quota by Dec. 1, 1983, but would be eligible to retain the 
marketing quota under this subsection, as amended by the Tobacco 
Adjustment Act of 1983, to elect to sell the marketing quota if a record 
of the transfer is filed with the county committee by Feb. 1, 1984.
