
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: 7USC1314e]

 
                          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. 1314e. Farm poundage quotas for certain kinds of tobacco


(a) Proclamations and referenda regarding burley tobacco

    Notwithstanding any other provision of law, the Secretary shall, 
within thirty days following April 14, 1971, proclaim national marketing 
quotas for burley tobacco for the three marketing years beginning 
October 1, 1971, and determine and announce the amount of the marketing 
quota for burley tobacco for the marketing year beginning October 1, 
1971, as provided in this section.
    Within thirty days following such proclamation, the Secretary shall 
conduct a referendum of the farmers engaged in the production of the 
1970 crop of burley tobacco to determine whether they favor or oppose 
the establishment of farm marketing quotas on a poundage basis as 
provided in this section for the three marketing years beginning October 
1, 1971. If the Secretary determines that two-thirds or more of the 
farmers voting in such referendum approve marketing quotas on a poundage 
basis, marketing quotas as provided in this section shall be in effect 
for those three marketing years. If marketing quotas on a poundage basis 
are not approved by at least two-thirds of the farmers voting in such 
referendum, no marketing quotas or price support for burley tobacco 
shall be in effect for the marketing year beginning October 1, 1971. 
Thereafter, the provisions of section 1312 of this title shall apply: 
Provided, That national marketing quotas for burley tobacco for any 
marketing year subsequent to the marketing year beginning October 1, 
1971, shall be proclaimed as provided in this section.
    The Secretary shall determine and announce, not later than the 
February 1 preceding the second and third marketing years of any three-
year period for which marketing quotas on a poundage basis are in effect 
for burley tobacco under this section, the amount of the national 
marketing quota for each of such years. If marketing quotas have been 
made effective on a poundage basis for burley tobacco under this 
section, the Secretary shall, not later than February 1 of the last year 
of three consecutive marketing years for which marketing quotas are in 
effect for burley tobacco under this section, proclaim national 
marketing quotas for burley tobacco for the next three succeeding 
marketing years as provided in this section. Notwithstanding the 
foregoing sentence, the proclamation of national marketing quotas for 
Burley tobacco for the 1986 through 1988 marketing years may be made not 
later than March 1, 1986. Within thirty days following such 
proclamation, the Secretary shall conduct a referendum in accordance 
with section 1312(c) of this title. If the Secretary determines that 
more than one-third of the farmers voting oppose the national marketing 
quotas, he shall announce the results and no marketing quotas or price 
support shall be in effect for burley tobacco for the first marketing 
year of such three-year period. Thereafter, the provisions of section 
1312 of this title shall apply: Provided, That the national marketing 
quota and farm marketing quotas shall be determined for burley tobacco 
as provided in this section. Notice of the farm marketing quota which 
will be in effect for his farm for the first marketing year covered by 
any referendum under this section shall, insofar as practicable, be 
mailed to the farm operator in sufficient time to be received prior to 
the referendum. Notwithstanding any other provision of law, for the 1986 
marketing year, the Secretary shall proclaim the national marketing 
quota for Burley tobacco not later than 21 days after April 7, 1986, or 
February 1, 1986, whichever is later. Any proclamation with respect to 
the national marketing quota for the 1986 marketing year for Burley 
tobacco made by the Secretary prior to April 7, 1986, shall become void 
on April 7, 1986.

(b) Proclamations and referenda regarding dark air-cured tobacco and 
        types 22 and 23 fire-cured tobacco

    Notwithstanding any other provision of law, the Secretary shall, not 
later than February 1, 1983, proclaim national marketing quotas for dark 
air-cured tobacco and for fire-cured tobacco, types 22 and 23 
(hereinafter in this section referred to as ``fire-cured tobacco'') for 
the three marketing years beginning October 1, 1983, and determine and 
announce the amount of the marketing quota for dark air-cured and for 
fire-cured tobacco for the marketing year beginning October 1, 1983, as 
provided in this section. Within thirty days following such 
proclamation, the Secretary shall conduct a referendum of the farmers 
engaged in the production of the 1982 crop of each of such kinds of 
tobacco to determine whether they favor or oppose the establishment of 
farm marketing quotas on a poundage basis for such kind of tobacco as 
provided in this section for the three marketing years beginning October 
1, 1983, in lieu of quotas on an acreage basis in effect for the two 
marketing years beginning October 1, 1983. If the Secretary determines 
that one-half or more of the farmers voting in such referendum approve 
marketing quotas on a poundage basis for such kind of tobacco, then 
marketing quotas as provided in this section shall be in effect for such 
kind of tobacco for the three marketing years beginning October 1, 1983, 
and marketing quotas on an acreage basis shall cease to be in effect for 
such kind of tobacco for the two marketing years beginning on October 1, 
1983. If marketing quotas on a poundage basis are not approved for such 
kind of tobacco by at least one-half of the farmers voting in such 
referendum, then quotas on an acreage basis shall be in effect for such 
kind of tobacco for the two marketing years beginning October 1, 1983.
    If marketing quotas on an acreage basis are in effect for any such 
kind of tobacco, if, for a period of not less than three marketing 
years, a referendum has not been held under this section to determine 
whether producers of such kind of tobacco favor marketing quotas on a 
poundage basis for such kind of tobacco, and if the Secretary, after 
conducting public hearings in the area in which such kind of tobacco is 
produced, ascertains that producers and other interested persons favor 
marketing quotas on a poundage basis for such kind of tobacco, then the 
Secretary shall, at the time of the next announcement of the amount of 
the national marketing quota, announce national marketing quotas for the 
next three succeeding marketing years under this section. Within thirty 
days of such proclamation, the Secretary shall conduct a referendum of 
farmers engaged in the production of the most recent crop of such kind 
of tobacco to determine whether they favor the establishment of 
marketing quotas on a poundage basis for such kind of tobacco as 
provided in this section for the next three succeeding marketing years. 
If the Secretary determines that more than one-half of the farmers 
voting in such referendum approve marketing quotas on a poundage basis 
under this section, then quotas on that basis shall be in effect for the 
next three succeeding 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 a poundage basis are not 
approved by more than one-half of the farmers voting in such referendum, 
then the marketing quotas on an acreage basis shall continue in effect 
as theretofore proclaimed under this chapter.
    The Secretary shall determine and announce, not later than the March 
1 preceding the second and third marketing years of any three-year 
period for which marketing quotas on a poundage basis are in effect for 
any such kind of tobacco under this section, the amount of the national 
marketing quota for such kind of tobacco for each of such years. If 
marketing quotas on a poundage basis have been made effective for such 
kind of tobacco under this section, then the Secretary shall, not later 
than March 1 of the last of three consecutive marketing years for which 
marketing quotas are in effect for such kind of tobacco under this 
section, proclaim a national marketing quota for such kind of tobacco 
for the next three succeeding marketing years as provided in this 
section. The Secretary shall conduct extensive hearings in the area in 
which such kind of tobacco is produced to ascertain whether producers 
favor marketing quotas on an acreage basis or on a poundage basis and 
shall proclaim the quota on the basis he determines most producers of 
such kind of tobacco favor. Within thirty days following such 
proclamation, the Secretary shall conduct a referendum in accordance 
with section 1312(c) of this title. If more than one-half of the farmers 
voting in such referendum oppose the national marketing quotas, then the 
Secretary shall announce the results and no marketing quotas or price 
support shall be in effect for such kind of tobacco and the national 
marketing quota so proclaimed shall not be in effect for the next three 
succeeding marketing years. Thereafter the provisions of section 1312 of 
this title shall apply: Provided, That the national marketing quota and 
farm marketing quotas for such kind of tobacco shall be determined for 
such kind of tobacco as provided in this section.

(c) Amount of national marketing quota, determination; national reserve, 
        establishment

    (1) Except as provided in paragraph (3), the national marketing 
quota determined under this section for any kind of tobacco for which 
poundage quotas may be established for any marketing year shall be the 
amount of such kind of tobacco produced in the United States which the 
Secretary estimates will be utilized in the United States and will be 
exported during such 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.
    (2) For each marketing year for which marketing quotas are in effect 
for a kind of tobacco under this section, the Secretary in his 
discretion may establish a reserve with respect to such kind of tobacco 
(hereinafter referred to as the ``national reserve'') from the national 
marketing quota for such kind of tobacco in an amount not in excess of 1 
per centum of such national marketing quota to be available for making 
corrections and adjusting inequities in farm marketing quotas, and for 
establishing marketing quotas for new farms (that is, farms for which 
farm marketing quotas are not otherwise established).
    (3)(A) For the 1986 and each subsequent crop of Burley tobacco, the 
national marketing quota for any marketing year shall be the quantity of 
Burley 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 Burley 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 Burley 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 Burley tobacco that the 
    Secretary, in the discretion of the Secretary, determines is 
    necessary to increase or decrease the inventories of the producer-
    owned cooperative marketing associations that have entered into loan 
    agreements with the Commodity Credit Corporation to make price 
    support available to producers of Burley tobacco to establish or 
    maintain such inventories, in the aggregate, at the reserve stock 
    level for Burley tobacco.

    (B) Except as provided in subparagraph (D), in determining the 
quantity of Burley tobacco necessary to establish or maintain the 
inventories of the producer associations at the reserve stock level 
under subparagraph (A)(iii)--
        (i) the Secretary shall provide for initially attaining the 
    reserve stock level over a period of 5 years; and
        (ii) any downward adjustment in such inventories of Burley 
    tobacco may not exceed the greater of--
            (I) 35,000,000 pounds; or
            (II) 50 percent of the quantity by which--
                (aa) the total inventories of Burley tobacco of the 
            producer-owned cooperative marketing associations that have 
            entered into loan agreements with the Commodity Credit 
            Corporation to make price support available to producers of 
            Burley tobacco; exceed
                (bb) the reserve stock level for Burley tobacco.

    (C) Notwithstanding any other provision of law--
        (i) the national marketing quota for Burley 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 Burley 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 Burley 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 associations for Burley 
    tobacco described in section 1314h(a)(2) of this title to exceed 150 
    percent of the reserve stock level for Burley tobacco.

    (D) Nonapplicability of downward adjustment.--If the Secretary 
determines for any of the 2001 or subsequent crop years that 
noncommitted pool stocks of Burley tobacco are equal to or less than the 
reserve stock level established under this paragraph, subparagraph (B) 
shall not apply to the crop year for which the determination is made and 
all subsequent crop years.

(d) Farm yields; determination; limitation

    When a national marketing quota is first proclaimed for a kind of 
tobacco under this section, the Secretary shall through local committees 
determine a farm yield for each farm for which an acreage allotment for 
such kind of tobacco was established for the marketing year beginning 
October 1, 1970, in the case of burley tobacco, and for the previous 
marketing year, in the case of dark air-cured tobacco and fire-cured 
tobacco. Such yield shall be determined by averaging the yield per acre 
for the four highest years of the five consecutive years beginning with 
the 1966 crop year, in the case of burley tobacco, and the immediately 
preceding 5 crop years, in the case of dark air-cured tobacco and fire-
cured tobacco: Provided, That if the kind of tobacco involved was 
produced on the farm in fewer than five of such years, the farm yield 
shall be the simple average of the yields obtained in the years during 
such period that such kind of tobacco was produced on the farm: Provided 
further, That if no such kind of tobacco was produced on the farm but 
the farm was considered as having planted such kind of tobacco during 
the immediately preceding five years, the farm yield will be appraised 
on the basis of the yields established for similar farms in the area on 
which such kind of tobacco was produced during such five-year period: 
And provided further, That the farm yield established for any farm shall 
not exceed three thousand five hundred pounds per acre, in the case of 
burley tobacco, and three thousand pounds per acre, in the case of dark 
air-cured tobacco and fire-cured tobacco: And provided further, That, 
when a marketing quota program for dark air-cured tobacco or for fire-
cured tobacco is first established under this section, farm yields so 
determined with respect to dark air-cured tobacco or fire-cured tobacco, 
as the case may be, shall be adjusted proportionately so that the 
weighted average of such farm yields is equal to the national average 
yield goal for dark air-cured tobacco or fire-cured tobacco, as the case 
may be.

(e) Farm marketing quotas; preliminary quotas, determination, 
        limitation; succeeding years, quota computation, limitations, 
        increase and reduction of quotas; new farms, limitation

    A preliminary farm marketing quota shall be determined for each farm 
for which a burley tobacco acreage allotment was established for the 
marketing year beginning October 1, 1970, by multiplying the farm yield 
determined under subsection (d) of this section by the farm acreage 
allotment (prior to any reduction for violation of regulations issued 
pursuant to the chapter) established for such farm for the marketing 
year beginning October 1, 1970. A preliminary farm marketing quota shall 
be determined for each farm for which a dark air-cured tobacco or fire-
cured tobacco acreage allotment was established for the previous 
marketing year, by multiplying the farm yield determined under such 
subsection by the farm acreage allotment (prior to any such reduction) 
established for such farm for the previous marketing year. For each farm 
for which such a preliminary farm marketing quota is determined, a farm 
marketing quota for the first year shall be determined by multiplying 
the preliminary farm marketing quota by a national factor obtained by 
dividing the national marketing quota determined under subsection (c) of 
this section (less the national reserve) by the sum of all preliminary 
farm marketing quotas as determined under this subsection: Provided, 
That such national factor shall not be less than 95 per centum.
    The farm marketing quota for each succeeding year shall be 
determined by multiplying the previous year's farm marketing quota by a 
national factor obtained by dividing the national marketing quota 
determined under subsection (c) of this section (less the national 
reserve) by the sum of the farm marketing quotas for the immediately 
preceding year for all farms for which marketing quotas for the kind of 
tobacco involved will be determined for such succeeding marketing year: 
Provided, That, except in the case of Burley tobacco, such national 
factor shall not be less than 90 per centum: Provided further, That for 
the marketing years beginning October 1, 1972, and October 1, 1973, the 
farm marketing quota for any farm shall not be less than the smaller of 
(1) one-half acre times the farm yield times one-half the sum of the 
figure one and the national factor for the current year, or (2) the farm 
marketing quota for the immediately preceding marketing year times one-
half the sum of the figure one and the national factor for the current 
year. The farm marketing quota so computed for any farm for any year 
shall be increased by the number of pounds by which marketings from the 
farm during the immediately preceding year were less than the farm 
marketing quota (after adjustments), except that (1) any such increase 
shall not exceed the amount of the farm marketing quota (including 
leased pounds) for the immediately preceding marketing year prior to any 
increase for undermarketings or decrease for overmarketings, and (2) the 
aggregate of such increases for all farms for any crop year may not 
exceed 10 percent of the national basic quota for the preceding crop 
year. The farm marketing quota so computed for each farm for any year 
shall be reduced by the number of pounds by which marketing from the 
farm during the immediately preceding year exceeded the farm marketing 
quota (after adjustments): Provided, That if, on account of excess 
marketings in the preceding year, the farm marketing quota is reduced to 
zero pounds without reflecting the entire reduction required, the 
additional reduction required shall be made in subsequent marketing 
years.
    The farm marketing quota for a new farm shall be the number of 
pounds determined by the county committee with approval of the State 
committee to be fair and reasonable for the farm on the basis of the 
past experience of the farm operator with respect to the kind of tobacco 
involved: the land, labor, and equipment available for the production of 
such kind of tobacco; crop rotation practices, and the soil and other 
physical factors affecting the production of such kind of tobacco: 
Provided, That the farm marketing quota for any such new farm shall not 
exceed 50 per centum of the average of the farm marketing quotas for 
similar farms for which farm marketing quotas are otherwise established: 
Provided further, That the number of pounds allocated to all new farms 
shall not exceed that portion of the national reserve provided by the 
Secretary for establishing quotas for new farms.

(f) Reductions for false information

    When a poundage program is in effect for any kind of tobacco under 
this section, the farm marketing quota next established for any farm 
shall be reduced by the amount of such kind of tobacco produced on any 
farm (1) which is marketed as having been produced on a different farm; 
(2) for which proof of disposition is not furnished as required by the 
Secretary; and (3) as to which any producer on the farm files, or aids 
or acquiesces in the filing of, any false report with respect to the 
production or marketings of tobacco: Provided, That if the Secretary 
through the local committee finds that no person connected with such 
farm caused, aided, or acquiesced in any such irregularity, the next 
established farm marketing quota shall not be reduced under this 
subsection. The reductions required under this subsection shall be in 
addition to any other adjustments made pursuant to this section.

(g) Leases and transfers of farm quotas; limitations

    (1) When a poundage program is in effect for any kind of tobacco 
under this section, farm marketing quotas (after adjustments) for such 
kind of tobacco may be leased and transferred to other farms in the same 
county under the terms and conditions contained in section 1314d of this 
title: Provided, That such leases and transfers shall be on a pound for 
pound basis: Provided further, That any adjustment for undermarketings 
or overmarketings shall be attributed to the farm to which leased and 
transferred: Provided further, That not more than thirty thousand pounds 
of Burley tobacco quota may be leased and transferred to any farm under 
this section: Provided further, That a lease and transfer of Burley 
tobacco quota shall not be effective for any crop year unless a record 
of the transfer is filed with the county committee not later than July 1 
of that crop year or, if such record of the transfer is filed with the 
county committee after July 1, the county committee determines with the 
concurrence of the State committee that all interested parties agreed to 
such lease and transfer before July 1 and that the failure to file such 
record of the transfer did not result from gross negligence on the part 
of any party to such lease and transfer: And provided further, That the 
marketing quota determined for any farm subsequent to such lease and 
transfer shall not exceed an amount determined by multiplying the farm 
yield established under subsection (d) of this section by 50 per centum 
of the acreage of cropland in the farm.
    (2) Effective for the 1991 and subsequent crop years, the Secretary 
may, during any one year, and subject to such rules as the Secretary 
deems appropriate, permit the sale of a burley tobacco quota from one 
farm to another farm in the same county if the buyer, who is an active 
burley tobacco producer, is not buying an amount larger than 30 percent 
of the existing quota for the buyer's farm, or 20,000 pounds whichever 
is greater. For purposes of this subsection, the term ``active burley 
tobacco producer'' means any person who shared in the risk of producing 
a crop of burley tobacco in not less than one of the three years 
preceding the year involved, or any person who certified to the 
Secretary, in such form and manner as the Secretary shall by regulation 
prescribe, their intent to become an active burley tobacco producer. 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 percent of the proceeds of the sale of such 
    crop;
        (B) the investment 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) No sale of burley tobacco quota from a farm shall be permitted, 
under paragraph (2), if any sale of quota to the same farm has been made 
within the three immediately preceding crop years. A sale of burley 
tobacco quota shall not be effective for a crop year unless a record of 
the sale is filed with the county committee not later than July 1 of the 
crop year. The marketing quota determined for any farm subsequent to 
such sale shall not exceed an amount determined by multiplying the farm 
yield established under subsection (d) of this section by 50 percent of 
the acreage of cropland in the farm.

(h) Loss of quotas through underplanting

    Effective with the marketing year beginning October 1, 1994, no 
marketing quota, other than a new farm marketing quota, shall be 
established for a farm on which no burley tobacco was planted or 
considered planted in any two of the three years immediately preceding 
the year for which farm marketing quotas are being established.

(i) 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 of the farm marketing quota (after adjustments) 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 (after adjustments) will require a reduction in 
subsequent farm marketing quotas in accordance with subsection (e) of 
this section: Provided, That if the Secretary, in his discretion, 
determines it is desirable to encourage additional marketings of any 
grades of the kind of tobacco involved during any marketing year to 
insure traditional market patterns to meet the normal demands of export 
and domestic markets, he may authorize the marketing of such grades 
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, and such marketings shall be eligible 
for price support.
    (2) 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 
(after adjustments) and the penalty in respect thereof shall be paid and 
remitted by the producer.''
    (3) The provisions contained in the fourth sentence of section 
1314(a) of this title shall not be applicable. For the first year a 
marketing quota program established under the provisions of this section 
is in effect with respect to burley tobacco, the farm marketing quota 
determined under the provisions of subsection (e) of this section shall 
receive a temporary upward adjustment equal to the amount of carryover 
penalty-free burley tobacco for the farm. For subsequent years, the 
provisions of subsection (c) of this section shall apply.

(j) Regulations

    The Secretary shall prescribe such regulations as he considers 
necessary for carrying out the provisions of this section.

(k) Lease and transfer of burley tobacco quota assigned

    (1) Notwithstanding any other provision of this section, the 
Secretary may permit, after July 1 of any crop year, the lease and 
transfer of burley tobacco quota assigned to a farm if--
        (A) the planted acreage of burley tobacco on the farm to which 
    the quota is assigned is determined by the Secretary to be 
    sufficient to produce the effective farm marketing quota under 
    average conditions; and
        (B) the farm's expected production of burley tobacco is less 
    than 80 percent of the farm's effective marketing quota as a result 
    of a natural disaster condition.

    (2) Any lease and transfer of quota under this subsection may be 
made to any other farm within the same State in accordance with 
regulations issued by the Secretary.
    (3) Limitation.--The total quantity of quota leased or transferred 
to a farm during a crop year under this subsection may not exceed 15 
percent of the quota on the farm that existed prior to any such lease or 
transfer for the crop year.

(l) Lease and transfer of Burley tobacco quota

                      (1) Approval by producers

        Notwithstanding any other provision of this section, the 
    Secretary may permit the lease and transfer of a Burley tobacco 
    quota from one farm in a State to any other farm in the State if, in 
    a State-wide referendum conducted by the Secretary, a majority of 
    the active Burley tobacco producers voting in the referendum approve 
    the use of that type of lease and transfer.

                           (2) Application

        This subsection shall apply only to the States of Tennessee, 
    Ohio, Indiana, Kentucky, and Virginia.

(m) Computerized recordkeeping system for Burley tobacco quota and 
        acreage

                        (1) Producer reports

        Each person that owns a farm for which a Burley tobacco 
    marketing quota is established under this chapter shall annually 
    file with the Secretary a report describing the acreage planted to 
    Burley tobacco on the farm.

                (2) Computerized recordkeeping system

        Not later than 180 days after June 20, 2000, the Secretary shall 
    establish a computerized recordkeeping system that contains all 
    information reported under paragraph (1) and related records, as 
    determined by the Secretary.

(n) Sale of Burley tobacco quota

    Notwithstanding any other provision of this section, if a person 
that owns a farm for which a Burley tobacco marketing quota is 
established under this chapter sells all or part of the acreage on the 
farm to a buyer, the Secretary shall permit the seller and buyer of the 
acreage to determine the percentage of the quota that is transferred 
with the acreage sold.

(Feb. 16, 1938, ch. 30, title III, Sec. 319, as added Pub. L. 92-10, 
Sec. 1, Apr. 14, 1971, 85 Stat. 23; amended Pub. L. 97-218, title III, 
Sec. 303(b)-(j), July 20, 1982, 96 Stat. 211-214; Pub. L. 98-59, Sec. 2, 
July 25, 1983, 97 Stat. 296; Pub. L. 98-180, title II, Sec. 211, Nov. 
29, 1983, 97 Stat. 1149; Pub. L. 99-241, Sec. 2, Jan. 30, 1986, 100 
Stat. 3; Pub. L. 99-272, title I, Secs. 1103(c), 1104(b), (d), 
1105(a)(2), 1107, Apr. 7, 1986, 100 Stat. 86, 89-91; Pub. L. 100-387, 
title III, Sec. 304(a)(1), Aug. 11, 1988, 102 Stat. 948; Pub. L. 101-
134, Sec. 2(a)(1), Oct. 30, 1989, 103 Stat. 781; Pub. L. 101-577, 
Sec. 2(a), (b), (d), (e), Nov. 15, 1990, 104 Stat. 2856, 2857; Pub. L. 
102-237, title I, Sec. 116(1), Dec. 13, 1991, 105 Stat. 1840; Pub. L. 
103-66, title I, Sec. 1106(d)(1), Aug. 10, 1993, 107 Stat. 323; Pub. L. 
106-78, title VII, Sec. 755(a), Oct. 22, 1999, 113 Stat. 1170; Pub. L. 
106-224, title II, Sec. 204(b)(9)-(12), June 20, 2000, 114 Stat. 403.)

                       References in Text

    The chapter, referred to in subsecs. (b), (e), (m)(1), and (n), was 
in the original ``the Act'' meaning act Feb. 16, 1938, ch. 30, 52 Stat. 
31, as amended, known as the Agricultural Adjustment Act of 1938, which 
is classified principally to this chapter (Sec. 1281 et seq.).


                               Amendments

    2000--Subsec. (c)(3)(B). Pub. L. 106-224, Sec. 204(b)(9)(A), 
substituted ``Except as provided in subparagraph (D), in'' for ``In'' in 
introductory provisions.
    Subsec. (c)(3)(D). Pub. L. 106-224, Sec. 204(b)(9)(B), added subpar. 
(D).
    Subsec. (e). Pub. L. 106-224, Sec. 204(b)(10)(A), in fifth sentence, 
substituted ``, except that (1)'' for ``: Provided, That'' and inserted 
before period at end ``, and (2) the aggregate of such increases for all 
farms for any crop year may not exceed 10 percent of the national basic 
quota for the preceding crop year''.
    Subsec. (k)(3). Pub. L. 106-224, Sec. 204(b)(10)(B), added par. (3).
    Subsec. (l). Pub. L. 106-224, Sec. 204(b)(11), added subsec. (l) and 
struck out former subsec. (l) which read as follows: ``Notwithstanding 
any other provision of this section, the Secretary may permit the lease 
and transfer of a burley tobacco quota from one farm in a State to any 
other farm in the State if a majority of active burley tobacco producers 
within the State approve such lease and transfer by a state-wide 
referendum to be conducted by the Secretary. This subsection shall apply 
only to the States of Tennessee, Ohio, Indiana, Kentucky, and 
Virginia.''
    Subsecs. (m), (n). Pub. L. 106-224, Sec. 204(b)(12), added subsecs. 
(m) and (n).
    1999--Subsec. (l). Pub. L. 106-78 inserted ``, Ohio, Indiana, 
Kentucky,'' after ``Tennessee''.
    1993--Subsec. (c)(3)(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 Burley 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 associations for Burley tobacco described in 
section 1314h(a)(2) of this title to exceed 150 percent of the reserve 
stock level for Burley tobacco''.
    1991--Subsec. (l). Pub. L. 102-237 inserted ``in a State'' after 
``one farm'', struck out ``of Tennessee'' after ``in the State'', and 
inserted at end ``This subsection shall apply only to the States of 
Tennessee and Virginia.''
    1990--Subsec. (g). Pub. L. 101-577, Sec. 2(a), designated existing 
provisions as par. (1) and added pars. (2) and (3).
    Pub. L. 101-577, Sec. 2(d), substituted ``thirty thousand pounds'' 
for ``fifteen thousand pounds''.
    Subsec. (h). Pub. L. 101-577, Sec. 2(b), substituted ``1994'' for 
``1976'' and ``two of the three'' for ``of the five''.
    Subsec. (l). Pub. L. 101-577, Sec. 2(e), added subsec. (l).
    1989--Subsec. (d). Pub. L. 101-134, Sec. 2(a)(1)(A), substituted 
``for the previous marketing year'' for ``October 1, 1982'' and 
``immediately preceding 5 crop years'' for ``1978 crop year''.
    Subsec. (e). Pub. L. 101-134, Sec. 2(a)(1)(B), substituted 
``previous marketing year'' for ``October 1, 1982'' wherever appearing 
in second sentence.
    1988--Subsec. (k). Pub. L. 100-387 added subsec. (k).
    1986--Subsec. (a). Pub. L. 99-272, Sec. 1104(d), inserted provisions 
in third par. relating to the proclamation of the national marketing 
quota for Burley tobacco not later than 21 days after Apr. 7, 1986, or 
Feb. 1, 1986, whichever is later, and declaring as void any quota by 
proclamation prior to that date.
    Pub. L. 99-241 inserted in third par. provision that the 
proclamation of national marketing quotas for Burley tobacco for the 
1986 through 1988 marketing years may be made not later than Mar. 1, 
1986.
    Subsec. (b). Pub. L. 99-272, Sec. 1104(b), which directed the 
substitution of ``March 1'' for ``February 1'' wherever appearing in the 
fourth paragraph, was executed by making the substitution in the third 
paragraph, as the probable intent of Congress.
    Subsec. (c). Pub. L. 99-272, Sec. 1103(c)(1), designated existing 
provisions as pars. (1) and (2), and in par. (1) as so designated, 
substituted ``Except as provided in paragraph (3), the'' for ``The'', 
struck out ``With respect to burley tobacco, any such downward 
adjustment shall not exceed 10 per centum of such estimated utilization 
and exports.'', and added par. (3).
    Subsec. (e). Pub. L. 99-272, Sec. 1103(c)(2), inserted in second 
par. ``, except in the case of Burley tobacco,'' after ``Provided, 
That''.
    Subsec. (g). Pub. L. 99-272, Sec. 1107, inserted provisions relating 
to filing of record of transfer after July 1 with the concurrence of the 
State committee that all parties agreed to such lease and transfer 
before July 1, and that failure to file did not result from gross 
negligence.
    Subsec. (i)(1). Pub. L. 99-272, Sec. 1105(a)(2), substituted ``103 
per centum'' for ``110 per centum''.
    1983--Subsec. (c). Pub. L. 98-59, Sec. 2(1), substituted ``10 per 
centum'' for ``5 per centum'' after ``downward adjustment shall not 
exceed''.
    Subsec. (e). Pub. L. 98-59, Sec. 2(2), substituted in second par. 
``90 per centum'' for ``95 per centum'' after ``Provided, That such 
national factor shall not be less than''.
    Subsec. (g). Pub. L. 98-180 substituted provisos that not more than 
fifteen thousand pounds of Burley tobacco quota be leased and 
transferred to any farm under this section and that a lease or transfer 
of Burley tobacco quota not be effective for any crop year unless a 
record of the transfer is filed with the county committee not later than 
July 1 of that crop year for proviso that not more than thirty thousand 
pounds of burley tobacco be leased and transferred to any farm under 
this section.
    1982--Subsec. (a). Pub. L. 97-218, Sec. 303(b), transferred former 
provisions of subsec. (b) into subsec. (a), as unlettered third 
paragraph of subsec. (a), and, in that paragraph, substituted ``shall be 
in effect for burley tobacco'' for ``shall be in effect for such kind of 
tobacco'' in fourth sentence thereof, inserted ``for burley tobacco'' 
before ``under this section'' wherever appearing in first and second 
sentences thereof, and before ``as provided in this section'' in second 
proviso.
    Subsec. (b). Pub. L. 97-218, Sec. 303(c), added subsec. (b). Former 
subsec. (b) was transferred into subsec. (a) as an unlettered paragraph 
and amended.
    Subsec. (c). Pub. L. 97-218, Sec. 303(d), substituted ``The national 
marketing quota determined under this section for any kind of tobacco 
for which poundage quotas may be established for any marketing year 
shall be the amount of such kind of tobacco produced'' for ``The 
national marketing quota determined under this section for burley 
tobacco for any marketing year shall be the amount produced'', 
substituted ``With respect to burley tobacco, any such downward 
adjustment'' for ``Any such downward adjustment'', substituted 
``marketing quotas are in effect for a kind of tobacco under this 
section'' for ``marketing quotas are in effect under this section'', and 
substituted ``from the national marketing quota for such kind of tobacco 
in an amount not in excess of 1 per centum of such national marketing 
quota'' for ``from the national marketing quota in an amount not in 
excess of 1 per centum of the national marketing quota''.
    Subsec. (d). Pub. L. 97-218, Sec. 303(e), substituted ``first 
proclaimed for a kind of tobacco under this section'' for ``first 
proclaimed under this section'', substituted ``for which an acreage 
allotment for such kind of tobacco was established'' for ``for which a 
burley tobacco acreage allotment was established'', inserted ``, in the 
case of burley tobacco, and October 1, 1982, in the case of dark air-
cured tobacco and fire-cured tobacco'' following ``beginning October 1, 
1970'', substituted ``the 1966 crop year, in the case of burley tobacco, 
and the 1978 crop year, in the case of dark air-cured tobacco and fire-
cured tobacco'' for ``the 1966 crop year'', substituted ``Provided, That 
if the kind of tobacco involved was produced'' for ``Provided, That if 
burley tobacco was produced'', substituted ``such kind of tobacco'' for 
``burley tobacco'' wherever appearing in the remainder of the first 
proviso and in the second proviso, in the third proviso substituted 
``And provided further, That the farm yield established for any farm 
shall not exceed three thousand five hundred pounds per acre, in the 
case of burley tobacco, and three thousand pounds per acre, in the case 
of dark air-cured tobacco and fire-cured tobacco:'' for ``And provided 
further, That the farm yield established for any farm shall not exceed 
three thousand five hundred pounds per acre'', and inserted fourth 
proviso.
    Subsec. (e). Pub. L. 97-218, Sec. 303(f), inserted provision 
regarding the determination of preliminary farm marketing quotas for 
each farm for which a dark air-cured tobacco or fire-cured tobacco 
acreage allotment was established for the marketing year beginning 
October 1, 1982, in fourth sentence substituted ``for all farms for 
which marketing quotas for the kind of tobacco involved will be 
determined'' for ``for all farms for which burley tobacco marketing 
quotas will be determined'', and in seventh sentence substituted 
``experience of the farm operator with respect to the kind of tobacco 
involved; the land, labor, and equipment available for the production of 
such kind of tobacco; crop rotation practices, and the soil and other 
physical factors affecting the production of such kind of tobacco'' for 
``burley tobacco experience of the farm operator; the land, labor, and 
equipment available for the production of burley tobacco; crop rotation 
practices, and the soil and other physical factors affecting the 
production of burley tobacco''.
    Subsec. (f). Pub. L. 97-218, Sec. 303(g), substituted ``When a 
poundage program is in effect for any kind of tobacco under this 
section, the farm marketing quota next established for any farm shall be 
reduced by the amount of such kind of tobacco'' for ``When a poundage 
program is in effect under this section, the farm marketing quota next 
established for any farm shall be reduced by the amount of burley 
tobacco''.
    Subsec. (g). Pub. L. 97-218, Sec. 303(h), substituted ``When a 
poundage program is in effect for any kind of tobacco under this 
section, farm marketing quotas (after adjustments) for such kind of 
tobacco'' for ``When a poundage program is in effect under this section, 
farm marketing quotas (after adjustments) for burley tobacco'', and 
substituted ``Provided further, That not more than thirty thousand 
pounds may be leased and transferred to any farm under this section with 
respect to burley tobacco'' for ``Provided further, That not more than 
fifteen thousand pounds may be leased and transferred to any farm under 
this section''.
    Subsec. (i)(1). Pub. L. 97-218, Sec. 303(i)(1), substituted ``to 
encourage additional marketings of any grades of the kind of tobacco 
involved'' for ``to encourage additional marketings of any grades of 
burley tobacco'' in proviso.
    Subsec. (i)(3). Pub. L. 97-218, Sec. 303(i)(2), substituted ``is in 
effect with respect to burley tobacco'' for ``is in effect''.


                    Effective Date of 2000 Amendments

    Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 101(10)], Dec. 21, 2000, 
114 Stat. 2763, 2763A-172, provided that: ``Notwithstanding any other 
provision of law, section 204(b)(10)(B) of Public Law 106-224 [amending 
this section] shall not be effective until July 1, 2001''.[
    Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 101(11)], Dec. 21, 2000, 
114 Stat. 2763, 2763A-172, provided that: ``The effective date of this 
section [enacting provisions set out above] is the date of enactment of 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 [Pub. L. 106-387, approved 
Oct. 28, 2000].'']
    Pub. L. 106-472, title III, Sec. 302, Nov. 9, 2000, 114 Stat. 2069, 
provided that: ``The amendments made by section 204(b)(10)(A) of the 
Agricultural Risk Protection Act of 2000 [Pub. L. 106-224, amending this 
section] shall apply beginning with undermarketings of the 2001 crop of 
burley tobacco and with marketings of the 2002 crop of burley tobacco.''


                    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.
    Section 1107 of Pub. L. 99-272 provided that the amendment made by 
that section is effective with respect to 1985 and subsequent crops of 
Burley tobacco.


                    Effective Date of 1983 Amendment

    Section 211 of Pub. L. 98-180 provided that the amendment made by 
that section is effective for 1984 and subsequent crops of tobacco.


                     Burley Tobacco Quota Adjustment

    Section 304(b) of Pub. L. 100-387 provided that: ``Notwithstanding 
any other provision of law, if a producer has produced burley tobacco in 
1988 in an amount less than the producer's farm marketing quota for 1988 
due to natural disaster, the Secretary may adjust the producer's burley 
tobacco farm marketing quota for the 1989 crop, as established under 
section 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314(e) 
[7 U.S.C. 1314e]), by adding the accumulated undermarketings of the 
basic quota for 1988 crop, including undermarketings of leased quota, to 
the producer's basic quota for the 1989 crop, except that such 
adjustment may not exceed 125 percent of the producer's basic quota.''


                          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.


           Burley Tobacco Marketing Years 1971, 1972, and 1973

    Action of Secretary under section 1312 of this title for burley 
tobacco for marketing years 1971, 1972, and 1973, prior to Apr. 14, 
1971, without any effect, see section 4 of Pub. L. 92-10, set out as a 
note under section 1312 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1301, 1378, 1445 of this 
title.
