
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: 7USC1358b]

 
                          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 vi--marketing quotas--peanuts
 
Sec. 1358b. Sale, lease, or transfer of farm poundage quota for 
        peanuts
        

(a) In general

                    (1) Sale and lease authority

        (A) Sale or lease within same State

            Subject to subparagraph (B) and such terms and conditions as 
        the Secretary may prescribe, the owner, or operator with the 
        permission of the owner, of a farm in a State for which a farm 
        poundage quota has been established may sell or lease all or any 
        part of the poundage quota to any other owner or operator of a 
        farm within the same State for transfer to the farm. However, 
        any such lease of poundage quota may be entered into in the fall 
        or after the normal planting season--
                (i) if not less than 90 percent of the basic quota (the 
            farm quota and temporary quota transfers), plus any poundage 
            quota transferred to the farm under this subsection, has 
            been planted or considered planted on the farm from which 
            the quota is to be leased; and
                (ii) under such terms and conditions as the Secretary 
            may by regulation prescribe.

        In the case of a fall transfer or a transfer after the normal 
        planting season by a cash lessee, the landowner shall not be 
        required to sign the transfer authorization. A fall transfer or 
        a transfer after the normal planting season may be made not 
        later than 72 hours after the peanuts that are the subject of 
        the transfer are inspected and graded.

        (B) Percentage limitations on spring transfers

            Spring transfers under subparagraph (A) by sale or lease of 
        a quota for farms in a county to any owner or operator of a farm 
        outside the county within the same State shall not exceed the 
        applicable percentage specified in this subparagraph of the 
        quotas of all farms in the originating county (as of January 1, 
        1996) for the crop year in which the transfer is made, plus the 
        total amount of quotas eligible for transfer from the 
        originating county in the preceding crop year that were not 
        transferred in that year or that were transferred through an 
        expired lease. However, not more than an aggregate of 40 percent 
        of the total poundage quota within a county (as of January 1, 
        1996) may be transferred outside of the county. Cumulative 
        unexpired transfers outside of a county may not exceed for a 
        crop year the following:
                (i) For the 1996 crop, 15 percent.
                (ii) For the 1997 crop, 25 percent.
                (iii) For the 1998 crop, 30 percent.
                (iv) For the 1999 crop, 35 percent.
                (v) For the 2000 and subsequent crops, not more than an 
            aggregate of 40 percent of the total poundage quota within 
            the county as of January 1, 1996.

        (C) Clarification regarding fall transfers

            The limitation in subparagraph (B) does not apply to 1-year 
        fall transfers, which in all cases may be made to any farm in 
        the same State.

        (D) Effect of transfer

            Any farm poundage quota transferred under this paragraph 
        shall not result in any reduction in the farm poundage quota for 
        the transferring farm if the transferred quota is produced or 
        considered produced on the receiving farm.

               (2) Transfers to other self-owned farms

        The owner or operator of a farm may transfer all or any part of 
    the farm poundage quota to any other farm owned or controlled by the 
    owner or operator that is in the same county or in a county 
    contiguous to the county in the same State and that had a farm 
    poundage quota for the preceding year's crop. Any farm poundage 
    quota transferred under this paragraph shall not result in any 
    reduction in the farm poundage quota for the transferring farm if 
    the transferred quota is produced or considered produced on the 
    receiving farm.

              (3) Transfers in States with small quotas

        Notwithstanding paragraphs (1) and (2), in the case of any State 
    for which the poundage quota allocated to the State was less than 
    10,000 tons for the preceding year's crop, all or any part of a farm 
    poundage quota may be transferred by sale or lease or otherwise from 
    a farm in one county to a farm in another county in the same State.

             (4) Transfers in counties with small quotas

        Notwithstanding paragraphs (1) and (2), in the case of any 
    county in a State for which the poundage quota allocated to the 
    county was less than 100,000 pounds for the preceding year's crop, 
    all or any part of a farm poundage quota may be transferred by sale 
    or lease or otherwise from a farm in the county to a farm in another 
    county in the same State.

(b) Conditions

    Transfers (including transfer by sale or lease) of farm poundage 
quotas under this section shall be subject to all of the following 
conditions:

                           (1) Lienholders

        No transfer of the farm poundage quota from a farm subject to a 
    mortgage or other lien shall be permitted unless the transfer is 
    agreed to by the lienholders.

                        (2) Tillable cropland

        No transfer of the farm poundage quota shall be permitted if the 
    county committee established under section 590h(b) of title 16 
    determines that the receiving farm does not have adequate tillable 
    cropland to produce the farm poundage quota.

                             (3) Record

        No transfer of the farm poundage quota shall be effective until 
    a record thereof is filed with the county committee of the county to 
    which the transfer is made and the committee determines that the 
    transfer complies with this section.

                           (4) Other terms

        Such other terms and conditions that the Secretary may by 
    regulation prescribe.

(c) Crops

    Notwithstanding any other provision of law, this section shall be 
effective only for the 1991 through 2002 crops of peanuts.

(Feb. 16, 1938, ch. 30, title III, Sec. 358b, as added Pub. L. 101-624, 
title VIII, Sec. 803, Nov. 28, 1990, 104 Stat. 3466; amended Pub. L. 
102-237, title I, Sec. 122, Dec. 13, 1991, 105 Stat. 1844; Pub. L. 104-
127, title I, Sec. 155(i)(1)(B), (4)(B), (6), Apr. 4, 1996, 110 Stat. 
928, 929.)


                               Amendments

    1996--Pub. L. 104-127, Sec. 155(i)(1)(B)(i), struck out ``1991 
through 1995 crops of'' before ``peanuts'' in section catchline.
    Subsec. (a)(1). Pub. L. 104-127, Sec. 155(i)(6)(A), added par. (1) 
and struck out heading and text of former par. (1). Prior to amendment, 
text read as follows: ``Subject to such terms, conditions, or 
limitations as the Secretary may prescribe, the owner, or operator with 
the permission of the owner, of any farm for which a farm poundage quota 
has been established under this chapter may sell or lease all or any 
part of the poundage quota (including any applicable under marketings) 
to any other owner or operator of a farm within the same county for 
transfer to the farm, except that any such lease of poundage quota 
(including any applicable under marketings) may be entered into in the 
fall or after the normal planting season--
        ``(A) if not less than 90 percent of the basic quota (the farm 
    quota exclusive of undermarketings and temporary quota transfers), 
    plus any poundage quota transferred to the farm under this 
    subsection, has been planted or considered planted on the farm from 
    which the quota is to be leased; and
        ``(B) under such terms and conditions as the Secretary may by 
    regulation prescribe.
In the case of a fall transfer or a transfer after the normal planting 
season by a cash lessee, the landowner shall not be required to sign the 
transfer authorization. A fall transfer or a transfer after the normal 
planting season may be made not later than 72 hours after the peanuts 
that are the subject of the transfer are inspected and graded.''
    Subsec. (a)(2). Pub. L. 104-127, Sec. 155(i)(4)(B)(i), struck out 
``(including any applicable under marketings)'' before ``to any other 
farm owned''.
    Subsec. (a)(3). Pub. L. 104-127, Sec. 155(i)(4)(B)(ii), struck out 
``(including any applicable undermarketings)'' after ``farm poundage 
quota''.
    Subsec. (a)(4). Pub. L. 104-127, Sec. 155(i)(6)(B), added par. (4).
    Subsec. (c). Pub. L. 104-127, Sec. 155(i)(1)(B)(ii), substituted 
``2002'' for ``1995''.
    1991--Subsec. (a)(1). Pub. L. 102-237, Sec. 122(1), inserted 
``(including any applicable under marketings)'' after ``poundage quota'' 
in two places in introductory provisions.
    Subsec. (a)(2). Pub. L. 102-237, Sec. 122(2), substituted 
``(including any applicable under marketings)'' for ``for the farm''.
    Subsec. (a)(3). Pub. L. 102-237, Sec. 122(3), inserted ``(including 
any applicable undermarketings)'' after ``farm poundage quota''.


                             Effective Date

    Section effective beginning with 1991 crop of an agricultural 
commodity, with provision for prior crops, see section 1171 of Pub. L. 
101-624, set out as an Effective Date of 1990 Amendment note under 
section 1421 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1358-1 of this title.
