
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: 7USC1314c]

 
                          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. 1314c. Acreage-poundage quotas


(a) Definitions

    For purposes of this section--
    (1)(A) Except as provided in subparagraph (B), ``national marketing 
quota'' for any kind of tobacco for a marketing year means the amount of 
the kind of tobacco produced in the United States which the Secretary 
estimates will be utilized during the marketing year in the United 
States and will be exported during the marketing year, adjusted upward 
or downward in such amount as the Secretary, in his discretion, 
determines is desirable for the purpose of maintaining an adequate 
supply or for effecting an orderly reduction of supplies to the reserve 
supply level. Any such downward adjustment shall not exceed 15 per 
centum of such estimated utilization and exports.
    (B) For the 1986 and each subsequent crop of Flue-cured tobacco, 
``national marketing quota'' for a marketing year means the quantity of 
Flue-cured tobacco, as determined by the Secretary, that is not more 
than 103 percent nor less than 97 percent of the total of--
        (i) the aggregate of the quantities of Flue-cured tobacco that 
    domestic manufacturers of cigarettes estimate the manufacturers 
    intend to purchase on the United States auction markets or from 
    producers during the marketing year, as compiled and determined 
    under section 1314g of this title;
        (ii) the average annual quantity of Flue-cured tobacco exported 
    from the United States during the 3 marketing years immediately 
    preceding the marketing year for which the determination is being 
    made; and
        (iii) the quantity, if any, of Flue-cured tobacco that the 
    Secretary, in the discretion of the Secretary, determines is 
    necessary to increase or decrease the inventory of the producer-
    owned cooperative marketing association that has entered into a loan 
    agreement with the Commodity Credit Corporation to make price 
    support available to producers of Flue-cured tobacco to establish or 
    maintain such inventory at the reserve stock level for Flue-cured 
    tobacco.

    (C) Notwithstanding any other provision of law--
        (i) the national marketing quota for Flue-cured tobacco for each 
    of the 1986 through 1989 marketing years for such tobacco shall not 
    be less than 94 percent of the national marketing quota for such 
    tobacco for the preceding marketing year; and
        (ii) the national marketing quota for Flue-cured tobacco for 
    each of the 1990 through 1996 marketing years for such tobacco shall 
    not be less than 90 percent of the national marketing quota for such 
    tobacco for the preceding marketing year, except that, in the case 
    of each of the 1995 and 1996 crops of Flue-cured tobacco, the 
    Secretary may waive the requirements of this clause if the Secretary 
    determines that the requirements would likely result in inventories 
    of the producer-owned cooperative marketing association for Flue-
    cured tobacco described in section 1314h(a)(2) of this title to 
    exceed 150 percent of the reserve stock level for Flue-cured 
    tobacco.

    (2) ``National average yield goal'' for any kind of tobacco means 
the yield per acre which on a national average basis the Secretary 
determines will improve or insure the usability of the tobacco and 
increase the net return per pound to the growers. In making this 
determination the Secretary shall give consideration to such Federal-
State production research data as he deems relevant. Notwithstanding the 
preceding sentence, in 1983,,\1\ the national average yield goal for 
Flue-cured tobacco shall be adjusted by the Secretary to the past five 
years' moving national average yield.
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    \1\ So in original.
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    (3) ``National acreage allotment'' means the acreage determined by 
dividing the national marketing quota by the national average yield 
goal.
    (4) ``Farm acreage allotment'' for a tobacco farm, other than a new 
tobacco farm, means the acreage allotment determined by adjusting 
uniformly the acreage allotment established for such farm for the 
immediately preceding year, prior to any increase or decrease in such 
allotment due to undermarketings or overmarketings and prior to any 
reduction under subsection (f) of this section, so that the total of all 
allotments is equal to the national acreage allotment less the reserve 
provided in subsection (e) of this section with a further downward or 
upward adjustment to reflect any adjustment in the farm marketing quota 
for overmarketing or undermarketing and to reflect any reduction 
required under subsection (f) of this section, and including any 
adjustment for errors or inequities from the reserve. In determining 
farm acreage allotments for Flue-cured tobacco for 1965, the 1965 farm 
allotment determined under section 1313 of this title shall be adjusted 
in lieu of the acreage allotment for the immediately preceding year. 
Notwithstanding the preceding provisions of this subsection, in 
1983,,\1\ farm acreage allotments for Flue-cured tobacco for farms in 
each county shall be adjusted by the Secretary to reflect the increases 
or decreases in the past five years' moving county average yield per 
acre, as determined by the Secretary on the basis of actual yields of 
farms in the county, or, if such information is not available, on such 
other data on yields as the Secretary may deem appropriate.
    (5) The ``community average yield'' means for Flue-cured tobacco the 
average yield per acre in the community designated by the Secretary as a 
local administrative area under the provisions of section 590h(b) of 
title 16 which is determined by averaging the yields per acre for the 
three highest years of the five years 1959 to 1963, inclusive, except 
that if the yield for any of the three highest years is less than 80 per 
centum of the average for the three years then that year or years shall 
be eliminated and the average of the remaining years shall be the 
community average yield. Community average yields for other kinds of 
tobacco shall be determined in like manner, except that the five years 
1960 to 1964, inclusive, may be used instead of the period 1959 to 1963, 
as determined by the Secretary.
    (6)(A) ``Preliminary farm yield'' for Flue-cured tobacco means a 
farm yield per acre determined by averaging the yield per acre for the 
three highest years of the five consecutive crop years beginning with 
the 1959 crop year except that if that average exceeds 120 per centum of 
the community average yield the preliminary farm yield shall be the sum 
of 50 per centum of the average of the three highest years and 50 per 
centum of the national average yield goal but not less than 120 per 
centum of the community average yield, and if the average of the three 
highest years is less than 80 per centum of the community average yield 
the preliminary farm yield shall be 80 per centum of the community 
average yield. In counties where less than five hundred acres of Flue-
cured tobacco were allotted for 1964, the county may be considered as 
one community. If Flue-cured tobacco was not produced on the farm for at 
least three years of the five-year period the average of the yields for 
the years in which tobacco was produced shall be used instead of the 
three-year average. If no Flue-cured tobacco was produced on the farm in 
the five-year period but the farm is eligible for an allotment because 
Flue-cured tobacco was considered to have been produced under applicable 
provisions of law, a preliminary farm yield for the farm shall be 
determined under regulations of the Secretary taking into account 
preliminary farm yields of similar farms in the community. 
Notwithstanding the preceding provisions of this subsection, in 1983, 
preliminary farm yields for Flue-cured tobacco farms in each county 
shall be adjusted by the Secretary by the reciprocal of the factor 
computed in paragraph (4) of this subsection to adjust farm acreage 
allotments to reflect increases or decreases in the past five years' 
moving county average yields.
    (B) ``Preliminary farm yield'' for kinds of tobacco, other than 
Flue-cured, means a farm yield per acre determined in accordance with 
subparagraph (A) of this paragraph (6) except that in lieu of the five 
consecutive crop years beginning with 1959 the immediately preceding 5 
crop years shall be used by the Secretary. In counties where less than 
five hundred acres of the kind of tobacco for which the determination is 
being made were allotted in the last year of the five-year period the 
county may be considered as one community. If tobacco of the kind for 
which the determination is being made was not produced on the farm for 
at least three years of the five-year period, the average of the yields 
for the years in which the kind of tobacco was produced shall be used 
instead of the three-year average. If no tobacco of the kind for which 
the determination is being made was produced on the farm in the five-
year period but the farm is eligible for an allotment because such 
tobacco was considered to have been produced under applicable provisions 
of law, a preliminary farm yield for the farm shall be determined under 
regulations of the Secretary taking into account preliminary farm yields 
of similar farms in the community.
    (7) ``Farm yield'' means the yield of tobacco per acre for a farm 
determined by multiplying the preliminary farm yield by a national yield 
factor which shall be obtained by dividing the national average yield 
goal by a weighted national average yield computed by multiplying the 
preliminary farm yield for each farm by the acreage allotment determined 
pursuant to paragraph (4) for the farm prior to adjustments for 
overmarketing, undermarketing, or reductions required under subsection 
(f) of this section and dividing the sum of the products by the national 
acreage allotment.
    (8) ``Farm marketing quota'' for any farm for any marketing year 
shall be the number of pounds of tobacco obtained by multiplying the 
farm yield by the acreage allotment prior to any adjustment for 
undermarketing or overmarketing, increased for undermarketing or 
decreased for overmarketing by the number of pounds by which marketings 
of tobacco from the farm during the immediately preceding marketing 
year, if marketing quotas were in effect under the program established 
by this section, is less than or exceeds the farm marketing quota for 
such year: Provided, That the farm marketing quota for any marketing 
year shall not be increased for undermarketing by an amount in excess of 
the number of pounds determined by multiplying the acreage allotment for 
the farm for the immediately preceding year prior to any increase or 
decrease for undermarketing or overmarketing by the farm yield. If on 
account of excess marketings in the preceding marketing year the farm 
marketing quota for the marketing year is reduced to zero pounds without 
reflecting the entire reduction required, the additional reduction 
required shall be made for the subsequent marketing year or years. The 
farm marketing quota will be increased or decreased for the second 
succeeding marketing year in the case of Maryland tobacco, and for any 
other kind of tobacco for which the Secretary determines it is 
impracticable because of the lack of adequate marketing data, to make 
the increases or decreases applicable to the immediately succeeding 
marketing year.

(b) National marketing quota, acreage allotment and average yield goal 
        for Flue-cured tobacco; referendum

    Within thirty days after April 16, 1965 the Secretary pursuant to 
the provisions of subsection (a) of this section shall determine and 
announce the amount of the national marketing quota for Flue-cured 
tobacco for the marketing year beginning July 1, 1965, and the national 
acreage allotment and national average yield goal for the 1965 crop of 
Flue-cured tobacco, and within thirty days after the announcement of the 
amount of such national marketing quota shall conduct a special 
referendum of the farmers engaged in the production of Flue-cured 
tobacco of the 1964 crop to determine whether they favor or oppose the 
establishment of marketing quotas on an acreage-poundage basis as 
provided in this section for the marketing years beginning July 1, 1965, 
July 1, 1966, and July 1, 1967, in lieu of quotas on an acreage basis in 
effect for those marketing years. If the Secretary determines that more 
than 66\2/3\ per centum of the farmers voting in the special referendum 
approve marketing quotas on an acreage-poundage basis, marketing quotas 
on an acreage-poundage basis as provided in this section shall be in 
effect for those marketing years and the marketing quotas on an acreage 
basis shall cease to be in effect at the beginning of such three-year 
period.

(c) Tobacco having marketing quotas on acreage basis; determination of 
        Secretary of program on acreage-poundage basis; announcement of 
        national marketing quota, acreage allotment and average yield 
        goal; referendum

    Whenever, during the first or second marketing year of the three-
year period for which marketing quotas on an acreage basis are in effect 
for any kind of tobacco, including Flue-cured tobacco, the Secretary, in 
his discretion, determines with respect to that kind of tobacco that 
acreage-poundage quotas under this section would result in a more 
effective marketing quota program for that kind of tobacco he shall at 
the time \2\ the next announcement of the amount of the national 
marketing quota under section 1312(b) of this title determine and 
announce the amount of the national quota for that kind of tobacco under 
this section and at the same time announce the national acreage 
allotment and national average yield goal and within forty-five days 
thereafter conduct a special referendum of farmers engaged in the 
production of the kind of tobacco of the most recent crop to determine 
whether they favor the establishment of marketing quotas on an acreage-
poundage basis as provided in this section for the next three marketing 
years: Provided, however, That the Secretary shall not make any such 
determination with respect to any kind of tobacco except Flue-cured 
tobacco unless prior thereto he shall conduct public hearings in the 
areas where such tobacco is produced for the purpose of ascertaining and 
taking into consideration the attitudes of producers and other 
interested persons with respect to acreage-poundage quotas. If the 
Secretary determines that more than 66\2/3\ per centum of the farmers 
voting in the special referendum approve marketing quotas on an acreage-
poundage basis as provided in this section, quotas on that basis shall 
be in effect for the next three marketing years and the marketing quotas 
on an acreage basis shall cease to be in effect at the beginning of such 
three-year period. If marketing quotas on an acreage-poundage basis are 
not approved by more than 66\2/3\ per centum of the farmers voting in 
such referendum, the marketing quotas on an acreage basis shall continue 
in effect as theretofore proclaimed under section 1312(a) of this title.
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    \2\ So in original.
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(d) Proclamation of national marketing quota for three years following 
        last year of three years of acreage-poundage quotas; referendum; 
        notice of farm marketing quota to farm operators

    If marketing quotas have been made effective for a kind of tobacco 
on an acreage-poundage basis pursuant to subsections (b) or (c) of this 
section the Secretary shall, not later than December 15 of any marketing 
year with respect to Flue-cured tobacco, and March 1 with respect to 
other kinds of tobacco, proclaim a national marketing quota for that 
kind of tobacco for the next three succeeding marketing years if the 
marketing year is the last year of three consecutive years for which 
marketing quotas previously proclaimed will be in effect. 
Notwithstanding the foregoing sentence, the proclamation of the national 
marketing quota for the 1986 crop of Flue-cured tobacco may be made not 
later than December 31, 1985. The Secretary, in his discretion, may 
proclaim the quota on an acreage-poundage basis as provided in this 
section or on an acreage allotment basis, whichever he determines would 
result in a more effective marketing quota for that kind of tobacco, and 
shall conduct a referendum in accordance with the provisions of section 
1312(c) of this title. Notwithstanding the foregoing sentence or section 
1312(c) of this title, the referendum with respect to national marketing 
quotas for Flue-cured tobacco for the 1986 through 1988 marketing years 
may be conducted not later than the earlier of (1) thirty days after any 
proclamation of the national marketing quota for Flue-cured tobacco for 
the 1986 marketing year made after January 30, 1986, or (2) March 15, 
1986. If the Secretary determines that more than one-third of the 
farmers voting oppose the national marketing quotas the results shall be 
proclaimed and the national marketing quota so proclaimed shall not be 
in effect. If the Secretary proclaims the quotas on an acreage-poundage 
basis he shall determine and proclaim at the same time the national 
marketing quota, national acreage allotment, and national average yield 
goal for the first year of the three years for which quotas are 
proclaimed. Notice of the farm marketing quota which will be in effect 
for his farm for the first marketing year covered by the referendum 
insofar as practicable shall be mailed to the farm operator prior to the 
holding of any special referendum under subsection (b) of this section 
or a referendum on acreage-poundage quotas under this subsection, and at 
least 15 days prior to the holding of any special referendum under 
subsection (c) of this section. The Secretary shall determine and 
announce the national marketing quota, national acreage allotment and 
national average yield goal for the second and third marketing years of 
any three-year period for which national marketing quotas on an acreage-
poundage basis are in effect on or before the December 15 with respect 
to Flue-cured tobacco and the March 1 with respect to other kinds of 
tobacco immediately preceding the beginning of the marketing year to 
which they apply. Whenever a national marketing quota, national acreage 
allotment, and national average yield goal are determined and announced, 
the Secretary shall provide for the determination of farm acreage 
allotments and farm marketing quotas under the provisions of this 
section for the crop and marketing year covered by the determinations. 
Notwithstanding any other provision of law, for the 1986 marketing year, 
the Secretary shall proclaim the national marketing quota for Flue-cured 
tobacco not later than 21 days after April 7, 1986. Any proclamation 
with respect to the national marketing quota for the 1986 marketing year 
for Flue-cured tobacco made by the Secretary prior to April 7, 1986, 
shall become void on April 7, 1986.

(e) Nonestablishment of farm acreage allotment or farm yield for farms 
        without tobacco production for five years; reserve; ``new 
        farms'' defined; acreage allotment and farm yield basis of new 
        farms

    No farm acreage allotment or farm yield shall be established for a 
farm on which no tobacco was produced or considered produced under 
applicable provisions of law for the immediately preceding five years. 
For each marketing year for which acreage-poundage quotas are in effect 
under this section the Secretary in his discretion may establish a 
reserve from the national acreage allotment in an amount equivalent to 
not more than 3 per centum of the national acreage allotment to be 
available for making corrections of errors in farm acreage allotments, 
adjusting inequities, and for establishing acreage allotments for new 
farms, which are farms on which tobacco was not produced or considered 
produced during the immediately preceding five years (except that not 
less than two-thirds of such reserve shall be for new farms). The part 
of the reserve held for apportionment to new farms shall be allotted on 
the basis of land, labor, and equipment available for the production of 
tobacco, crop rotation practices, soil and other physical factors 
affecting the production of tobacco and the past tobacco-producing 
experience of the farm operator. The farm yield for any farm for which a 
new farm acreage allotment is established shall be determined on the 
basis of available productivity data for the land involved and farm 
yields for similar farms.

(f) Acreage reduction penalties applicable to acreage-poundage programs; 
        farm marketing quota reductions; filing false reports; increases 
        or decreases in acreage allotments and farm yields for other 
        farms of owner displaced by agency acquisition of farms; leases 
        and sales of acreage allotments and farm marketing quotas; 
        ratification of transfers of acreage allotments

    Only the provisions of the last two sentences of subsection (g) of 
section 1313 of this title shall apply with respect to acreage-poundage 
programs established under this section. The acreage reductions required 
under the last two sentences shall be in addition to any other 
adjustments made pursuant to this section, and when acreage reductions 
are made the farm marketing quota shall be reduced to reflect such 
reductions. The provisions of the next to the last sentence of such 
subsection pertaining to the filing of any false report with respect to 
the acreage of tobacco grown on the farm shall also be applicable to the 
filing of any false report with respect to the production or marketings 
of tobacco grown on a farm for which an acreage allotment and a farm 
yield are established as provided in this section. In establishing 
acreage allotments and farm yields for other farms owned by the owner 
displaced by acquisition of his land by any agency, as provided in 
section 1378 of this title, increases or decreases in such acreage 
allotments and farm yields as provided in this section shall be made on 
account of marketings below or in excess of the farm marketing quota for 
the farm acquired by the agency. Acreage allotments and farm marketing 
quotas determined under this section may (except in the case of kinds of 
tobacco not subject to section 1314b of this title) be leased and sold 
under the terms and conditions contained in section 1314b of this title, 
except that (1) the adjustment provided for in the last sentence of 
subsection (c) of said section shall be based on farm yields rather than 
normal yields, and (2) any credit for undermarketing or charge for 
overmarketing shall be attributed to the farm to which transferred. 
Transfers of acreage allotments for 1965 under section 1314b of this 
title on the basis of leases executed prior to the effective date of a 
program for the 1965 crop of Flue-cured tobacco under this section may 
be approved or ratified by the county committee for the purposes of this 
section, but the amount of allotment transferred shall be increased or 
decreased in the same proportion that the allotment of the farm from 
which it is transferred is increased or decreased under this section.

(g) Marketing penalties

    When marketing quotas under this section are in effect, provisions 
with respect to penalties for the marketing of excess tobacco and the 
other provisions contained in section 1314 of this title shall apply, 
except that:
    (1) No penalty on excess tobacco shall be due or collected until 103 
per centum (120 per centum in the case of Burley tobacco for the first 
year for which marketing quotas are made effective under this section) 
of the farm marketing quota for a farm has been marketed, but with 
respect to each pound of tobacco marketed in excess of such percentage 
the full penalty rate shall be due, payable, and collected at the time 
of marketing on each pound of tobacco marketed, and any tobacco marketed 
in excess of 100 per centum of the farm marketing quota will require a 
reduction in subsequent farm marketing quotas in accordance with 
subsection (a)(8) of this section: Provided, however, If the Secretary, 
in his discretion, determines it is desirable to encourage the marketing 
of grade N<INF>2</INF> tobacco, or any grade of tobacco not eligible for 
price support, in order to meet the normal demands of export and 
domestic markets, he may authorize the marketing of such tobacco in a 
marketing year without the payment of penalty or deduction from 
subsequent quotas to the extent of 5 per centum of the farm marketing 
quota for the farm on which the tobacco was produced.
    (2) When marketing quotas established under this section are in 
effect the provisions with respect to penalties contained in the third 
sentence of section 1314(a) of this title shall be revised to read: ``If 
any producer falsely identifies or fails to account for the disposition 
of any tobacco, the Secretary, in lieu of assessing and collecting 
penalties based on actual marketings of excess tobacco, may elect to 
assess a penalty computed by multiplying the full penalty rate by an 
amount of tobacco equal to 25 per centum of the farm marketing quota 
plus the farm yield of the number of acres harvested in excess of the 
farm acreage allotment and the penalty in respect thereof shall be paid 
and remitted by the producer.''
    (3) For the first year a marketing quota program established under 
the provisions of this section is in effect, the words ``normal 
production'' where they appear in the fourth sentence of subsection (a) 
of section 1314 of this title shall be read ``farm yield'' and the said 
fourth sentence shall otherwise be applicable. For the second and 
succeeding years for which a program established under the provisions of 
this section is in effect, the provisions of subsection (a)(8) of this 
section apply when penalties, if any, on carryover tobacco are computed, 
and the provisions contained in the fourth sentence of section 1314(a) 
of this title shall not be applicable.

(h) Burley tobacco; acreage-poundage basis: farm acreage allotment and 
        farm marketing quota, adjustments for overmarketing or 
        undermarketing, reductions for violations; acreage and quota 
        additional to national acreage allotment and national marketing 
        quota; acreage basis: acreage allotment, amendment of clause (1) 
        and proviso of section 1315

    Notwithstanding any other provision of this section, for any year 
subsequent to the first year for which marketing quotas are made 
effective under this section for Burley tobacco--
        (1) the farm acreage allotment for Burley tobacco under this 
    section shall not be less than the smallest of (A) the acreage 
    allotment established for the farm for such first year, (B) five-
    tenths of an acre, or (C) 10 per centum of the cropland; and
        (2) the farm marketing quota for Burley tobacco under this 
    section shall not be less than the minimum allotment provided by 
    clause (1) multiplied by the farm yield established for such first 
    year for such farm.

Farm acreage allotments and marketing quotas to which the provisions of 
(1) and (2) are applicable shall be subject to adjustment for 
overmarketing or undermarketing or reductions required by subsection (f) 
of this section. The additional acreage and quotas required under the 
subsection shall be in addition to the national acreage allotment and 
national marketing quota.
    Whenever the Secretary proclaims a quota on an acreage allotment 
basis (in lieu of on an acreage poundage basis)--
        (A) the minimum acreage allotment for Burley tobacco for any 
    farm shall be determined under the provisions of section 1315 of 
    this title instead of under the preceding provisions of this 
    subsection;
        (B) clause (1) of section 1315 of this title shall for such 
    purpose read as follows: ``(1) the allotment established for the 
    farm for the last preceding year for which a quota was proclaimed on 
    an acreage allotment basis''; and
        (C) the proviso of section 1315 of this title shall for such 
    purpose read as follows: ``Provided, however, That no allotment of 
    seven-tenths of an acre or less shall be reduced more than one-tenth 
    of an acre below the allotment established for the farm for the last 
    preceding year for which a quota was proclaimed on an acreage 
    allotment basis''.

(i) Consultations with industry representatives respecting a program for 
        each kind of tobacco, studies of Flue-cured tobacco acreage-
        poundage program, report and recommendations to congressional 
        committees, upon referendum approval of Flue-cured tobacco 
        acreage-poundage program

    If an acreage-poundage program for Flue-cured tobacco is approved by 
growers voting in the special referendum under subsection (b) of this 
section, the Secretary shall not later than January 1, 1966--
    (1) Consult with representatives of all segments of the tobacco 
industry, including growers, State farm organizations, and cooperative 
associations, in meetings held for each kind of tobacco, to receive 
their recommendations and to determine the need for a similar or 
modified program for that kind of tobacco.
    (2) Conduct a study and report to the House Committee on Agriculture 
and the Senate Committee on Agriculture, Nutrition, and Forestry on 
experience with and operation of the program, and make recommendations 
for any modifications needed to improve the program, including 
alternatives adapted to the different needs of other kinds of tobacco.

(j) Treatment of falsely identified tobacco for purposes of establishing 
        future farm marketing quotas

    Notwithstanding any other provision of this section, if a producer 
falsely identifies tobacco as having been produced on or marketed from a 
farm, the quantity of tobacco so falsely identified shall be considered 
for purposes of establishing future farm marketing quotas, as having 
been produced on both the farm for which it was identified as having 
been produced and the farm of actual production, if known, or, as the 
case may be, shall be considered as actually marketed from the farm.

(k) Forfeiture of allotment and quota

    (1) Notwithstanding any other provision of law, any person who, on 
or after January 1, 1986, owns a farm for which a Flue-cured tobacco 
acreage allotment or marketing quota is established under this chapter 
shall, subject to paragraph (2) of this subsection, forfeit such 
allotment or quota after February 15 of any year immediately following 
the last year of the three-year period immediately preceding the year 
for which the determination is being made in which Flue-cured tobacco 
has not been planted or considered planted on such farm during at least 
two years out of such three-year period.
    (2) The allotment or quota specified in paragraph (1) of this 
subsection shall be forfeited if, after notice and opportunity for a 
hearing, the appropriate county committee determines that the conditions 
for forfeiture specified in such paragraph exist. Any allotment or quota 
so forfeited shall be reallocated by such county committee for use by 
active Flue-cured tobacco producers (as defined in section 1314b(g)(1) 
of this title) in the county involved.
    (3) Notice of any determination made by the county committee under 
paragraph (2) of this subsection shall be mailed, as soon as 
practicable, to the person involved. If such person is dissatisfied with 
such determination, such person may request, within fifteen days after 
notice of such determination is mailed, a review of such determination 
by a local review committee under section 1363 of this title.

(l) Determination of Flue-cured tobacco planted acreage

    The Secretary shall determine the acreage planted to Flue-cured 
tobacco on each farm whenever an acreage-poundage program for Flue-cured 
tobacco is in effect under this section.

(Feb. 16, 1938, ch. 30, title III, Sec. 317, as added Pub. L. 89-12, 
Sec. 1, Apr. 16, 1965, 79 Stat. 66; amended Pub. L. 91-284, Sec. 5, June 
19, 1970, 84 Stat. 314; Pub. L. 97-218, title II, Secs. 203, 205(a), 
206(b), July 20, 1982, 96 Stat. 205-207; Pub. L. 98-180, title II, 
Secs. 205(b), 208-210, Nov. 29, 1983, 97 Stat. 1147-1149; Pub. L. 99-
182, Sec. 4, Dec. 13, 1985, 99 Stat. 1173; Pub. L. 99-241, Sec. 1, Jan. 
30, 1986, 100 Stat. 3; Pub. L. 99-272, title I, Secs. 1103(b), 1104(c), 
1105(a)(1), Apr. 7, 1986, 100 Stat. 86, 89, 90; Pub. L. 100-203, title 
I, Sec. 1112(b), Dec. 22, 1987, 101 Stat. 1330-8; Pub. L. 101-134, 
Sec. 2(a)(2), Oct. 30, 1989, 103 Stat. 781; Pub. L. 103-66, title I, 
Sec. 1106(d)(2), Aug. 10, 1993, 107 Stat. 323; Pub. L. 103-437, 
Sec. 4(a)(5), Nov. 2, 1994, 108 Stat. 4581.)


                               Amendments

    1994--Subsec. (i)(2). Pub. L. 103-437 substituted ``Committee on 
Agriculture, Nutrition, and Forestry'' for ``Committee on Agriculture 
and Forestry''.
    1993--Subsec. (a)(1)(C)(ii). Pub. L. 103-66 substituted ``1996'' for 
``1993'' and inserted before period at end ``, except that, in the case 
of each of the 1995 and 1996 crops of Flue-cured tobacco, the Secretary 
may waive the requirements of this clause if the Secretary determines 
that the requirements would likely result in inventories of the 
producer-owned cooperative marketing association for Flue-cured tobacco 
described in section 1314h(a)(2) of this title to exceed 150 percent of 
the reserve stock level for Flue-cured tobacco.
    1989--Subsec. (a)(6)(B). Pub. L. 101-134 substituted ``immediately 
preceding 5 crop years shall be used by the Secretary'' for ``years 1960 
to 1964, inclusive, may be used, as determined by the Secretary''.
    1987--Subsec. (a)(2), (4), (6)(A). Pub. L. 100-203, which directed 
that subsec. (a) ``is amended by striking out `and at five-year 
intervals thereafter' each place it appears in paragraphs (2), (4), and 
(6)(A)'' was executed by striking out ``and at five-year intervals 
thereafter'' after ``in 1983,'' in pars. (2) and (4), and after ``in 
1983'' in par. (6)(A), as the probable intent of Congress.
    1986--Subsec. (a)(1). Pub. L. 99-272, Sec. 1103(b), designated 
existing provisions as subpar. (A), substituted ``Except as provided in 
subparagraph (B), `national marketing quota' '' for `` `National 
marketing quota' '', and added subpars. (B) and (C).
    Subsec. (d). Pub. L. 99-272, Sec. 1104(c), inserted provisions 
relating to the proclamation of the national marketing quota for Flue-
cured tobacco not later than 21 days after Apr. 7, 1986, and declaring 
as void any quota by proclamation prior to that date.
    Pub. L. 99-241 inserted provision that the referendum with respect 
to national marketing quotas for Flue-cured tobacco for 1986 through 
1988 marketing years may be conducted not later than the earlier of 30 
days after any proclamation of the national marketing quota for Flue-
cured tobacco for the 1986 marketing year made after Jan. 30, 1986, or 
Mar. 15, 1986.
    Subsec. (g)(1). Pub. L. 99-272, Sec. 1105(a)(1), substituted ``103 
per centum'' for ``110 per centum''.
    1985--Subsec. (d). Pub. L. 99-182 inserted ``Notwithstanding the 
foregoing sentence, the proclamation of the national marketing quota for 
the 1986 crop of Flue-cured tobacco may be made not later than December 
31, 1985.''
    1983--Subsec. (d). Pub. L. 98-180, Sec. 208, substituted ``December 
15'' for ``December 1'' and ``March 1'' for ``February 1'' wherever 
appearing.
    Subsec. (e). Pub. L. 98-180, Sec. 209, substituted ``3 per centum'' 
for ``1 per centum'' and ``five years (except that not less than two-
thirds of such reserve shall be for new farms)'' for ``five years'' and 
struck out ``, and shall not exceed the community average yield'' after 
``similar farms''.
    Subsec. (k). Pub. L. 98-180, Sec. 205(b), added subsec. (k).
    Subsec. (l). Pub. L. 98-180, Sec. 210, added subsec. (l).
    1982--Subsec. (a)(2). Pub. L. 97-218, Sec. 203(1), inserted 
provision that notwithstanding the preceding sentence of this 
subsection, during 1983 and at five-year intervals thereafter, the 
national average yield goal for Flue-cured tobacco shall be adjusted by 
the Secretary to the past five years' moving national average yield.
    Subsec. (a)(4). Pub. L. 97-218, Sec. 203(2), inserted provision that 
notwithstanding the preceding provisions of subsec. (a), in 1983, and at 
five-year intervals thereafter, farm acreage allotments for Flue-cured 
tobacco for farms in each county shall be adjusted by the Secretary to 
reflect the increases or decreases in the past five years' moving county 
average yield per acre, as determined by the Secretary on the basis of 
actual yields of farms in the county or, if not available, on such other 
data on yields as the Secretary may deem appropriate.
    Subsec. (a)(6)(A). Pub. L. 97-218, Sec. 203(3), inserted provision 
that notwithstanding the preceding provisions of this subsection, in 
1983 and at five-year intervals thereafter, preliminary farm yields for 
Flue-cured tobacco farms in each county shall be adjusted by the 
Secretary by the reciprocal of the factor computed in subsec. (a)(4) to 
adjust farm acreage allotments to reflect increases or decreases in the 
past five years' moving county average yields.
    Subsec. (f). Pub. L. 97-218, Sec. 205(a), substituted ``be leased 
and sold under the terms and conditions'' for ``be leased under the 
terms and conditions'' in fifth sentence.
    Subsec. (j). Pub. L. 97-218, Sec. 206(b), added subsec. (j).
    1970--Subsec. (f). Pub. L. 91-284 struck out ``Burley tobacco or 
other'' before ``kinds of tobacco'' in fifth sentence.


                    Effective Date of 1986 Amendment

    Section 1105(a) of Pub. L. 99-272 provided that the amendment made 
by that section is effective for 1986 and subsequent crops of tobacco.


                    Effective Date of 1983 Amendment

    Section 205(b) of Pub. L. 98-180 provided that the amendment made by 
that section is effective for 1984 and subsequent crops of tobacco.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-218 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 a note under section 1314b of this title.


                          Rulemaking Procedures

    Secretary of Agriculture to implement amendments by Pub. L. 99-272 
without regard to provisions requiring notice and other procedures for 
public participation in rulemaking contained in section 553 of Title 5, 
Government Organization and Employees, or in any other directive of the 
Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note 
under section 1301 of this title.


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

    Section 4 of Pub. L. 89-12 provided that: ``Nothing in this Act 
[enacting this section and amending sections 1313 and 1445 of this 
title] shall be construed as affecting the authority or responsibility 
of the Secretary of Agriculture under section 301(b)(15) [section 
1301(b)(15) of this title] or section 313(i) [section 1313(i) of this 
title] of the Agricultural Adjustment Act of 1938 with respect to 
providing that different types of tobacco shall be treated as different 
kinds of tobacco, or with respect to increasing allotments or quotas for 
farms producing certain types of tobacco.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1313, 1316, 1445 of this 
title.
