
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: 7USC1359ee]

 
                          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. 1359ee. Reassignment of deficits


(a) Estimates of deficits

    At any time allotments are in effect under this subpart, the 
Secretary, from time to time, shall determine whether (in view of then-
current inventories of sugar, the estimated production of sugar and 
expected marketings, and other pertinent factors) any processor of 
sugarcane will be unable to market the sugar covered by the portion of 
the State cane sugar allotment allocated to the processor and whether 
any processor of sugar beets will be unable to market sugar covered by 
the portion of the beet sugar allotment allocated to the processor.

(b) Reassignment of deficits

                           (1) Cane sugar

        If the Secretary determines that any sugarcane processor who has 
    been allocated a share of a State cane sugar allotment will be 
    unable to market the processor's allocation of the State's allotment 
    for the fiscal year--
            (A) the Secretary first shall reassign the estimated 
        quantity of the deficit to the allocations for other processors 
        within that State, depending on the capacity of each other 
        processor to fill the portion of the deficit to be assigned to 
        it and taking into account the interests of producers served by 
        the processors;
            (B) if after the reassignments the deficit cannot be 
        completely eliminated, the Secretary shall reassign the 
        estimated quantity of the deficit proportionately to the 
        allotments for other cane sugar States, depending on the 
        capacity of each other State to fill the portion of the deficit 
        to be assigned to it, with the reassigned quantity to each State 
        to be allocated among processors in that State in proportion to 
        the allocations of the processors; and
            (C) if after the reassignments, the deficit cannot be 
        completely eliminated, the Secretary shall reassign the 
        remainder to imports.

                           (2) Beet sugar

        If the Secretary determines that a sugar beet processor who has 
    been allocated a share of the beet sugar allotment will be unable to 
    market that allocation--
            (A) the Secretary first shall reassign the estimated 
        quantity of the deficit to the allotments for other sugar beet 
        processors, depending on the capacity of each other processor to 
        fill the portion of the deficit to be assigned to it and taking 
        into account the interests of producers served by the 
        processors; and
            (B) if after the reassignments, the deficit cannot be 
        completely eliminated, the Secretary shall reassign the 
        remainder to imports.

                     (3) Corresponding increase

        The allocation of each processor receiving a reassigned quantity 
    of an allotment under this subsection for a fiscal year shall be 
    increased to reflect the reassignment.

(Feb. 16, 1938, ch. 30, title III, Sec. 359e, as added Pub. L. 101-624, 
title IX, Sec. 902, Nov. 28, 1990, 104 Stat. 3484; amended Pub. L. 102-
237, title I, Sec. 111(g), Dec. 13, 1991, 105 Stat. 1833.)


                               Amendments

    1991--Pub. L. 102-237 amended section generally, substituting 
present provisions for provisions relating to assignment of deficits, 
estimates of production and marketing of sugar, and reassignment of 
deficits in case of undermarketing of cane and beet sugar.


                       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 1359dd, 1359jj of this 
title.
