
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: 7USC1359cc]

 
                          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. 1359cc. Establishment of marketing allotments


(a) In general

    The Secretary shall establish marketing allotments for sugar for any 
fiscal year in which the allotments are required under section 1359bb(b) 
of this title in accordance with this section.

(b) Overall allotment quantity

                           (1) In general

        The Secretary shall establish the overall quantity of sugar to 
    be allotted for the fiscal year (hereafter in this subpart referred 
    to as the ``overall allotment quantity'') by deducting from the sum 
    of the estimated sugar consumption and reasonable carryover stocks 
    (at the end of the fiscal year) for the fiscal year, as determined 
    under section 1359bb(a) of this title--
            (A) 1,250,000 short tons, raw value; and
            (B) carry-in stocks of sugar, including sugar in Commodity 
        Credit Corporation inventory.

                           (2) Adjustment

        The Secretary shall adjust the overall allotment quantity to the 
    maximum extent practicable to avoid the forfeiture of sugar to the 
    Commodity Credit Corporation.

(c) Allotment

    The overall allotment quantity for the fiscal year shall be allotted 
among--
        (1) sugar derived from sugar beets; and
        (2) sugar derived from sugarcane.

(d) Percentage factors

                           (1) In general

        The Secretary shall establish percentage factors for the overall 
    beet sugar and cane sugar allotments applicable for a fiscal year. 
    The Secretary shall establish the percentage factors in a fair and 
    equitable manner on the basis of past marketings of sugar 
    (considering for such purposes the marketings of sugar processed 
    from sugarcane and sugar beets of any or all of the 1985 through 
    1989 crops), processing and refining capacity, and the ability of 
    processors to market the sugar covered under the allotments.

                           (2) Publication

        The Secretary shall publish these percentage factors in the 
    Federal Register, along with a description of the Secretary's 
    reasons for establishing the factors, as provided in section 
    1359hh(c) of this title.

(e) Marketing allotment

    The marketing allotment for sugar derived from sugarcane and the 
marketing allotment for sugar derived from sugar beets for a fiscal 
year, in each case, shall be a quantity equal to the product of 
multiplying the overall allotment quantity for the fiscal year by the 
percentage factor established by the Secretary under subsection (d)(1) 
of this section for the allotment.

(f) State cane sugar allotments

    The allotment for sugar derived from sugarcane shall be further 
allotted, among the 5 States in the United States in which sugarcane is 
produced, in a fair and equitable manner on the basis of past marketings 
of sugar (considering for such purposes the average of marketings of 
sugar processed from sugarcane in the 2 highest years of production from 
each State from the 1985 through 1989 crops), processing capacity, and 
the ability of processors to market the sugar covered under the 
allotments.

(g) Adjustment of marketing allotments

                           (1) In general

        The Secretary shall, based on reestimates under section 
    1359bb(a)(2) of this title--
            (A) adjust upward or downward marketing allotments 
        established under subsections (a) through (f) of this section in 
        a fair and equitable manner;
            (B) establish marketing allotments for the fiscal year or 
        any portion of such fiscal year; or
            (C) suspend the allotments,

    as the Secretary determines appropriate, to reflect changes in 
    estimated sugar consumption, stocks, production, or imports.

                    (2) Allocation to processors

        In the case of any increase or decrease in an allotment, each 
    allocation to a processor of the allotment under section 1359dd of 
    this title, and each proportionate share established with respect to 
    the allotment under section 1359ff(b) of this title, shall be 
    increased or decreased by the same percentage that the allotment is 
    increased or decreased.

                           (3) Reductions

        Whenever a marketing allotment for a fiscal year is required to 
    be reduced during the fiscal year under this subsection, if the 
    quantity of sugar marketed, including sugar pledged as collateral 
    for a price support loan under section 1446g \1\ of this title, for 
    the fiscal year at the time of the reduction by any individual 
    processor covered by the allotment exceeds the processor's reduced 
    allocation, the allocation of an allotment, if any, next established 
    for the processor shall be reduced by the quantity of the excess 
    sugar marketed.
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    \1\ See References in Text note below.
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(h) Filling cane sugar and beet sugar allotments

    Each marketing allotment for cane sugar established under this 
section may only be filled with sugar processed from domestically grown 
sugarcane, and each marketing allotment for beet sugar established under 
this section may only be filled with sugar processed from domestically 
grown sugar beets.

(Feb. 16, 1938, ch. 30, title III, Sec. 359c, as added Pub. L. 101-624, 
title IX, Sec. 902, Nov. 28, 1990, 104 Stat. 3481; amended Pub. L. 102-
237, title I, Sec. 111(e), Dec. 13, 1991, 105 Stat. 1832.)

                       References in Text

    Section 1446g of this title, referred to in subsec. (g)(3), was 
repealed by Pub. L. 104-127, title I, Sec. 171(b)(2)(H), Apr. 4, 1996, 
110 Stat. 938.


                               Amendments

    1991--Subsec. (b)(1). Pub. L. 102-237, Sec. 111(e)(1), in 
introductory provisions, substituted ``from the sum of the estimated 
sugar consumption and reasonable carryover stocks (at the end of the 
fiscal year)'' for ``from the estimated sugar consumption'' and in 
subpar. (A) struck out ``(representing minimum imports of sugar for 
consumption in the United States during the fiscal year)'' after ``raw 
value''.
    Subsec. (b)(2). Pub. L. 102-237, Sec. 111(e)(2), substituted ``avoid 
the forfeiture of sugar to'' for ``prevent the accumulation of sugar 
acquired by''.
    Subsec. (f). Pub. L. 102-237, Sec. 111(e)(3), in heading substituted 
``cane sugar allotments'' for ``sugarcane allotment'' and in text 
substituted ``allotted, among'' for ``allotted among'' and ``produced,'' 
for ``produced''.
    Subsec. (g)(1). Pub. L. 102-237, Sec. 111(e)(4)(A), added par. (1) 
and struck out former par. (1) which read as follows: ``The Secretary 
shall, based on reestimates under section 1359bb(a)(2) of this title, 
adjust upward or downward marketing allotments established under 
subsections (a) through (f) of this section in a fair and equitable 
manner, or suspend the allotments, as the Secretary determines 
appropriate, to reflect changes in estimated sugar consumption, 
availability, or imports.''
    Subsec. (g)(3). Pub. L. 102-237, Sec. 111(e)(4)(B), added par. (3) 
and struck out former par. (3) which read as follows: ``Whenever a 
marketing allotment for a fiscal year is required to be reduced during 
the fiscal year under this paragraph--
        ``(A) if the quantity of the sugar marketed, including sugar 
    pledged as collateral for a price support loan under section 1446g 
    of this title, for the fiscal year at the time of the reduction 
    under the allotment by all processors covered by the allotment 
    exceeds the reduced allotment, the quantity of the excess sugar 
    marketed shall be deducted--
            ``(i) if beet sugar is involved, from the marketing 
        allotment, if any, next established for beet sugar; or
            ``(ii) if cane sugar is involved, from the marketing 
        allotment next established for the State; and
        ``(B) if the quantity of sugar marketed, including sugar pledged 
    as collateral for a price support loan under section 1446g of this 
    title, for the fiscal year at the time of the reduction by any 
    individual processor covered by the allotment exceeds the 
    processor's reduced allocation, the quantity of the excess sugar 
    marketed shall be deducted from the allocation of an allotment, if 
    any, next established for the processor.''
    Subsec. (h). Pub. L. 102-237, Sec. 111(e)(5), added subsec. (h) and 
struck out former subsec. (h) ``Filling sugarcane and sugar beet 
allotments'' which read as follows: ``Except as otherwise provided in 
section 1359ee of this title, each marketing allotment of sugarcane 
established under this section may only be filled with sugar processed 
from domestically grown sugarcane, and each marketing allotment of sugar 
beets established under this section may only be filled with sugar 
processed from domestically grown sugar beets.''


                       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 1359bb, 1359dd, 1359ff, 
1359jj of this title.
