
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: 7USC1359bb]

 
                          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 vii--marketing quotas--sugar and crystalline fructose
 
Sec. 1359bb. Marketing allotments for sugar and crystalline 
        fructose
        

(a) Sugar estimates

                           (1) In general

        Before the beginning of each of the fiscal years 1992 through 
    1998, the Secretary shall estimate--
            (A) the quantity of sugar that will be consumed in the 
        United States during the fiscal year (other than sugar imported 
        for the production of polyhydric alcohol or to be refined and 
        reexported in refined form or in sugar containing products) and 
        the quantity of sugar that would provide for reasonable 
        carryover stocks;
            (B) the quantity of sugar that will be available from carry-
        in stocks or from domestically-produced sugarcane and sugar 
        beets for consumption in the United States during the year; and
            (C) the quantity of sugar that will be imported for 
        consumption in the United States during the year (other than 
        sugar imported for the production of polyhydric alcohol or to be 
        refined and reexported in a refined form or in sugar containing 
        products), based on the difference between--
                (i) the sum of the quantity of estimated consumption and 
            reasonable carryover stocks; and
                (ii) the quantity of sugar estimated to be available 
            from domestically-produced sugarcane and sugar beets and 
            from carry-in stocks.

                      (2) Quarterly reestimates

        The Secretary shall make quarterly reestimates of sugar 
    consumption, stocks, production, and imports for a fiscal year no 
    later than the beginning of each of the second through fourth 
    quarters of the fiscal year.

(b) Sugar allotments

                           (1) In general

        For any fiscal year in which the Secretary estimates, under 
    subsection (a)(1)(C) of this section, that imports of sugar for 
    consumption in the United States (other than sugar imported for the 
    production of polyhydric alcohol or to be refined and reexported in 
    refined form or in sugar containing products) will be less than 
    1,250,000 short tons, raw value, the Secretary shall establish for 
    that year appropriate allotments under section 1359cc of this title 
    for the marketing by processors of sugar processed from 
    domestically-produced sugarcane and sugar beets, at a level that the 
    Secretary estimates will result in imports of sugar of not less than 
    1,250,000 short tons, raw value, for that year.

                            (2) Products

        The Secretary may include sugar products, whose majority content 
    is sucrose or crystalline fructose for human consumption, derived 
    from sugarcane, sugar beets, molasses or sugar in the allotments 
    under paragraph (1) if the Secretary determines it to be appropriate 
    for purposes of this subpart.

(c) Crystalline fructose allotments

    For any fiscal year in which the Secretary establishes allotments 
for the marketing of sugar under section 1359cc of this title, the 
Secretary shall establish for that year appropriate allotments for the 
marketing by manufacturers of crystalline fructose manufactured from 
corn, at a total level not to exceed the equivalent of 200,000 tons of 
sugar, raw value, during the fiscal year, in a manner that is fair, 
efficient, and equitable to manufacturers.

(d) Prohibitions

                           (1) In general

        During any fiscal year or portion thereof for which marketing 
    allotments have been established, no processor of sugar beets or 
    sugarcane shall market a quantity of sugar in excess of the 
    allocation established for such processor, except to enable another 
    processor to fulfill an allocation established for such other 
    processor or to facilitate the exportation of such sugar.

                      (2) Crystalline fructose

        At any time crystalline fructose allotments are in effect for 
    manufacturers under subsection (c) of this section, no manufacturer 
    may market crystalline fructose in excess of the manufacturer's 
    allotment. No restrictions or allotments shall be established on the 
    marketings of any liquid fructose produced from corn.

                          (3) Civil penalty

        Any processor who knowingly violates paragraph (1) or 
    manufacturer who knowingly violates paragraph (2) shall be liable to 
    the Commodity Credit Corporation for a civil penalty in an amount 
    equal to 3 times the United States market value, at the time of the 
    commission of the violation, of that quantity of sugar or 
    crystalline fructose involved in the violation.

                       (4) ``Market'' defined

        For purposes of this subpart, the term ``market'' shall mean to 
    sell or otherwise dispose of in commerce in the United States 
    (including, with respect to any integrated processor and refiner, 
    the movement of raw cane sugar into the refining process).

(Feb. 16, 1938, ch. 30, title III, Sec. 359b, as added Pub. L. 101-624, 
title IX, Sec. 902, Nov. 28, 1990, 104 Stat. 3480; amended Pub. L. 102-
237, title I, Sec. 111(d), Dec. 13, 1991, 105 Stat. 1831; Pub. L. 103-
66, title I, Sec. 1107(b), Aug. 10, 1993, 107 Stat. 324.)


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-66, Sec. 1107(b)(1), substituted 
``1998'' for ``1996''.
    Subsec. (d)(1). Pub. L. 103-66, Sec. 1107(b)(2)(A), added par. (1) 
and struck out former par. (1) which read as follows: ``Sugar.--
        ``(A) Exceeding allocation.--At any time allotments are in 
    effect and allocated to processors under section 1359dd of this 
    title, the total of--
            ``(i) the quantity of sugar marketed by a processor, plus
            ``(ii) the quantity of sugar pledged as collateral by the 
        processor for a price support loan under section 1446g of this 
        title,
    shall not exceed the quantity of the allocation of the allotment 
    made to the processor.
        ``(B) Exceptions.--Subparagraph (A) shall not apply--
            ``(i) to the marketing during a fiscal year of sugar pledged 
        in that fiscal year as collateral for a price support loan under 
        section 1446g of this title after the sugar has been 
        subsequently redeemed; or
            ``(ii) to any sale of sugar by a processor to another 
        processor made to enable the other processor to fulfill the 
        quantity of the allocation of the allotment made to the other 
        processor.''
    Subsec. (d)(3). Pub. L. 103-66, Sec. 1107(b)(2)(B), inserted 
``knowingly'' after ``who'' in two places.
    1991--Subsec. (a). Pub. L. 102-237, Sec. 111(d)(1), added subsec. 
(a) and struck out former subsec. (a) which read as follows:
    ``(1) In general.--Before the beginning of each of the fiscal years 
1992 through 1996, the Secretary shall estimate--
        ``(A) the quantity of sugar that will be consumed in the customs 
    territory of the United States during the fiscal year (other than 
    sugar imported for purposes other than human consumption);
        ``(B) the quantity of sugar that will be available from carry-in 
    stocks or from domestically-produced sugarcane and sugar beets for 
    consumption in the United States during the year; and
        ``(C) the quantity of sugar that will be imported for 
    consumption during the year (other than sugar imported for purposes 
    other than human consumption), based on the difference between--
            ``(i) the quantity of estimated consumption; and
            ``(ii) the quantity of sugar estimated to be available from 
        domestically-produced sugarcane and sugar beets and from carry-
        in stocks.
    ``(2) Quarterly reestimates.--The Secretary shall make quarterly 
reestimates of sugar consumption, availability, and imports for a fiscal 
year no later than the beginning of each of the second through fourth 
quarters of the fiscal year.''
    Subsec. (b). Pub. L. 102-237, Sec. 111(d)(2), added subsec. (b) and 
struck out former subsec. (b) which read as follows:
    ``(1) In general.--For any fiscal year in which the Secretary 
estimates, under subsection (a) of this section, that imports of sugar 
for consumption in the United States will be less than 1,250,000 short 
tons, raw value, the Secretary shall establish for that year appropriate 
allotments under section 1359cc of this title for the marketing by 
processors of sugar processed from domestically-produced sugarcane and 
sugar beets in a manner that is fair, efficient, and equitable to 
producers, processors, and refiners, at a level that the Secretary 
estimates will result in imports of sugar of not less than 1,250,000 
short tons, raw value, for that year.
    ``(2) Products.--The Secretary may include products of sugar in the 
allotments under paragraph (1) if the Secretary determines it to be 
appropriate for purposes of this subpart.''
    Subsec. (d)(4). Pub. L. 102-237, Sec. 111(d)(3), inserted 
``(including, with respect to any integrated processor and refiner, the 
movement of raw cane sugar into the refining process)'' after ``United 
States''.


                       Inapplicability of Section

    Section inapplicable to 1996 through 2002 crops of loan commodities, 
peanuts, and sugar and inapplicable to milk during period beginning Apr. 
4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(E) of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1359cc, 1359jj of this 
title.
