
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: 7USC1314f]

 
                          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. 1314f. Nonquota tobacco subject to quota

    (a) Notwithstanding any other provision of law, effective with 
respect to the 1982 and subsequent crops of tobacco, any kind of tobacco 
for which marketing quotas are not in effect that is produced in an area 
where marketing quotas are in effect for any kind of tobacco shall be 
subject to the quota for the kind of tobacco for which marketing quotas 
are in effect in that area. If marketing quotas are in effect in an area 
for more than one kind of quota tobacco, nonquota tobacco produced in 
the area shall be subject to the quota for the kind of quota tobacco 
produced in the area having the highest price support under the 
Agricultural Act of 1949 [7 U.S.C. 1421 et seq.].
    (b) Subsection (a) of this section shall not apply to--
        (1) Maryland (type 32) tobacco when it is nonquota tobacco and 
    produced in a quota area on a farm for which a marketing quota for 
    Maryland (type 32) tobacco was established when marketing quotas for 
    such kind of tobacco were last in effect;
        (2) cigar-filler (type 41) tobacco when it is nonquota tobacco 
    and produced in Pennsylvania;
        (3) cigar-wrapper (type 61) tobacco when it is nonquota tobacco 
    and produced in Connecticut and Massachusetts, and cigar-wrapper 
    (type 62) tobacco when it is nonquota tobacco and produced in 
    Georgia and Florida;
        (4) tobacco produced in a quota area that is represented to be 
    nonquota tobacco and that is readily and distinguishably different 
    from all kinds of quota tobacco, as determined through the 
    application of the standards issued by the Secretary for the 
    inspection and identification of tobacco; and
        (5) tobacco when it is nonquota tobacco and produced in a quota 
    area in which the total of the acreage allotments for quota tobacco 
    established for farms is less than twenty acres. Notwithstanding the 
    provisions of section 1312(c) of this title, producers of such 
    nonquota tobacco shall not be eligible to vote in the first 
    referendum for such nonquota tobacco conducted by the Secretary 
    under such section after July 20, 1982.

(Feb. 16, 1938, ch. 30, title III, Sec. 320, as added Pub. L. 93-411, 
Sept. 3, 1974, 88 Stat. 1089; amended Pub. L. 95-592, Sec. 17, Nov. 4, 
1978, 92 Stat. 2534; Pub. L. 97-98, title XI, Sec. 1108, Dec. 22, 1981, 
95 Stat. 1266; Pub. L. 97-218, title II, Sec. 204, July 20, 1982, 96 
Stat. 206.)

                       References in Text

    The Agricultural Act of 1949, referred to in subsec. (a), is act 
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified 
principally to chapter 35A (Sec. 1421 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1421 of this title and Tables.


                               Amendments

    1982--Subsec. (b)(5). Pub. L. 97-218 added par. (5).
    1981--Pub. L. 97-98 designated existing provision as subsec. (a), 
provided that application of this section be to the 1982 and subsequent 
crops instead of crops beginning with the 1975 crop, substituted 
provision that any kind of tobacco grown in an area where marketing 
quotas are in effect be subject to the quota for the kind of tobacco for 
which marketing quotas are in effect in that area for provision that any 
tobacco produced in an area where producers who are engaged in the 
production of a kind of tobacco traditionally produced in the area have 
approved marketing quotas be subject to the quota for the kind of 
tobacco traditionally produced in the area, and struck out provisions 
exempting nonquota tobacco from this section if the Secretary or 
designee finds that such nonquota tobacco is readily and distinguishably 
different from any kind of tobacco produced under quota and providing 
that no marketing quota penalty be assessed as a result of the marketing 
of 1975 crop Maryland tobacco (Type 32) which is determined to be Burley 
tobacco (Type 31), and added subsec. (b).
    1978--Pub. L. 95-592 inserted provision relating to nonassessment of 
marketing quota penalties as a result of marketing of 1975 crop Maryland 
tobacco (Type 32) which was determined to be Burley tobacco (Type 31) 
under provisions of this section.


                    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.


                    Effective Date of 1981 Amendment

    Section 1108 of Pub. L. 97-98 provided that the amendment made by 
that section is effective beginning with the 1982 crop of tobacco.
