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7 U.S.C. § 1359ff — Establishment of flexible marketing allotments
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall establish flexible marketing allotments for sugar for any crop year in which the allotments are required under [section 1359bb(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359bb/b&num=0&edition=prelim) 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 crop year (referred to in this subpart as the “overall allotment quantity”) at a level that is—
(A) sufficient to maintain raw and refined sugar prices above forfeiture levels to avoid forfeiture of sugar to the Commodity Credit Corporation; but
(B) not less than a quantity equal to 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.
(2) **Adjustment** — Subject to paragraph (1), the Secretary shall adjust the overall allotment quantity to maintain—
(A) raw and refined sugar prices above forfeiture levels to avoid the forfeiture of sugar to the Commodity Credit Corporation; and
(B) adequate supplies of raw and refined sugar in the domestic market.
**(c) Marketing allotment for sugar derived from sugar beets and sugar derived from sugarcane** The overall allotment quantity for the crop year shall be allotted between—
(1) sugar derived from sugar beets by establishing a marketing allotment for a crop year at a quantity equal to the product of multiplying the overall allotment quantity for the crop year by 54.35 percent; and
(2) sugar derived from sugarcane by establishing a marketing allotment for a crop year at a quantity equal to the product of multiplying the overall allotment quantity for the crop year by 45.65 percent.
**(d) Filling cane sugar and beet
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Source file: Laws/federal/codes/united-states-code/title-7/section-1359ff-establishment-of-flexible-marketing-allotments--e6b1d6000b.md
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Source location: Title 7, Chapter 35, § 1359ff; chapter-035-agricultural-adjustment-act-of-1938.md
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**(a) In general** The Secretary shall establish flexible marketing allotments for sugar for any crop year in which the allotments are required under [section 1359bb(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359bb/b&num=0&edition=prelim) 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 crop year (referred to in this subpart as the “overall allotment quantity”) at a level that is—
(A) sufficient to maintain raw and refined sugar prices above forfeiture levels to avoid forfeiture of sugar to the Commodity Credit Corporation; but
(B) not less than a quantity equal to 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.
(2) **Adjustment** — Subject to paragraph (1), the Secretary shall adjust the overall allotment quantity to maintain—
(A) raw and refined sugar prices above forfeiture levels to avoid the forfeiture of sugar to the Commodity Credit Corporation; and
(B) adequate supplies of raw and refined sugar in the domestic market.
**(c) Marketing allotment for sugar derived from sugar beets and sugar derived from sugarcane** The overall allotment quantity for the crop year shall be allotted between—
(1) sugar derived from sugar beets by establishing a marketing allotment for a crop year at a quantity equal to the product of multiplying the overall allotment quantity for the crop year by 54.35 percent; and
(2) sugar derived from sugarcane by establishing a marketing allotment for a crop year at a quantity equal to the product of multiplying the overall allotment quantity for the crop year by 45.65 percent.
**(d) Filling cane sugar and beet sugar allotments**
(1) **Cane sugar** — Each marketing allotment for cane sugar established under this section may only be filled with sugar processed from domestically grown sugarcane.
(2) **Beet sugar** — Each marketing allotment for beet sugar established under this section may only be filled with sugar domestically processed from sugar beets or in-process beet sugar.
**(e) State cane sugar allotments**
(1) **In general** — The allotment for sugar derived from sugarcane shall be further allotted, among the States in the United States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner as provided in this subsection and [section 1359dd(b)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359dd/b/1/D&num=0&edition=prelim).
(2) **Offshore allotment**
(A) *Collectively* — Prior to the allotment of sugar derived from sugarcane to any other State, 325,000 short tons, raw value shall be allotted to the offshore States.
(B) *Individually* — The collective offshore State allotment provided for under subparagraph (A) shall be further allotted among the offshore States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner on the basis of—
(i) past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from the 1996 through 2000 crops;
(ii) the ability of processors to market the sugar covered under the allotments for the crop year; and
(iii) past processings of sugar from sugarcane, based on the 3-year average of the 1998 through 2000 crop years.
(3) **Mainland allotment** — The allotment for sugar derived from sugarcane, less the amount provided for under paragraph (2), shall be allotted among the mainland States in the United States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner on the basis of—
(A) past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from the 1996 through 2000 crops;
(B) the ability of processors to market the sugar covered under the allotments for the crop year; and
(C) past processings of sugar from sugarcane, based on the 3 crop years with the greatest processings (in the mainland States collectively) during the 1991 through 2000 crop years.
**(f) Filling cane sugar allotments** Except as provided in [section 1359ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359ee&num=0&edition=prelim), a State cane sugar allotment established under subsection (e) for a crop year may be filled only with sugar processed from sugarcane grown in the State covered by the allotment.
**(g) Adjustment of marketing allotments**
(1) **Adjustments**
(A) *In general* — Subject to subparagraph (B), the Secretary shall, based on reestimates under [section 1359bb(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359bb/a/3&num=0&edition=prelim), adjust upward or downward marketing allotments in a fair and equitable manner, as the Secretary determines appropriate, to reflect changes in estimated sugar consumption, stocks, production, or imports.
(B) *Limitation* — In carrying out subparagraph (A), the Secretary may not reduce the overall allotment quantity to a quantity of less than 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.
(2) **Allocation to processors**
(A) *In general* — Except as provided in subparagraph (B), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359dd&num=0&edition=prelim), and each proportionate share established with respect to the allotment under [section 1359ff(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359ff/c&num=0&edition=prelim), shall be increased or decreased by the same percentage that the allotment is increased or decreased.
(B) *Exception* — If the Secretary makes an upward adjustment under paragraph (1)(A), in adjusting allocations among beet sugar processors, the Secretary shall give priority to beet sugar processors with available sugar.
(3) **Carry-over of reductions** — Whenever a marketing allotment for a crop year is required to be reduced during the crop year under this subsection, if, at the time of the reduction, the quantity of sugar marketed exceeds the processor’s reduced allocation, the allocation of an allotment next established for the processor shall be reduced by the quantity of the excess sugar marketed.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sugar estimates**
(1) **In general** — Not later than August 1 before the beginning of each of the 2008 through 2031 crop years for sugarcane and sugar beets, the Secretary shall estimate—
(A) the quantity of sugar that will be subject to human consumption in the United States during the crop year;
(B) the quantity of sugar that would provide for reasonable carryover stocks;
(C) the quantity of sugar that will be available from carry-in stocks for human consumption in the United States during the crop year;
(D) the quantity of sugar that will be available from the domestic processing of sugarcane, sugar beets, and in-process beet sugar; and
(E) the quantity of sugars, syrups, and molasses that will be imported for human consumption or to be used for the extraction of sugar for human consumption in the United States during the crop year, whether the articles are under a tariff-rate quota or are in excess or outside of a tariff-rate quota.
(2) **Exclusion** — The estimates under this subsection shall not apply to sugar imported for the production of polyhydric alcohol or to any sugar refined and reexported in refined form or in products containing sugar.
(3) **Reestimates** — The Secretary shall make reestimates of sugar consumption, stocks, production, and imports for a crop year as necessary, but not later than the beginning of each of the second through fourth quarters of the crop year.
**(b) Sugar allotments**
(1) **Establishment** — By the beginning of each crop year, the Secretary shall establish for that crop year appropriate allotments under [section 1359cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359cc&num=0&edition=prelim) for the marketing by processors of sugar processed from sugar can
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701
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Federal law — U.S. Code and appendices · legal_authorities
In this subpart:
(1) **Human consumption** — The term “human consumption”, when used in the context of a reference to sugar (whether in the form of sugar, in-process sugar, syrup, molasses, or in some other form) for human consumption, includes sugar for use in human food, beverages, or similar products.
(2) **Mainland State** — The term “mainland State” means a State other than an offshore State.
(3) **Market**
(A) *In general* — The term “market” means to sell or otherwise dispose of in commerce in the United States.
(B) *Inclusions* — The term “market” includes—
(i) the forfeiture of sugar under the loan program for sugar established under [section 7272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7272&num=0&edition=prelim);
(ii) with respect to any integrated processor and refiner, the movement of raw cane sugar into the refining process; and
(iii) the sale of sugar for the production of ethanol or other bioenergy product, if the disposition of the sugar is administered by the Secretary under [section 8110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8110&num=0&edition=prelim).
(C) *Marketing year* — Forfeited sugar described in subparagraph (B)(i) shall be considered to have been marketed during the crop year for which a loan is made under the loan program described in that subparagraph.
(4) **Offshore State** — The term “offshore State” means a sugarcane producing State located outside of the continental United States.
(5) **State** — Notwithstanding [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1301&num=0&edition=prelim), the term “State” means—
(A) a State;
(B) the District of Colum
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Federal law — U.S. Code and appendices · legal_authorities
Page 668
TITLE 7—AGRICULTURE
§ 1359ee
and new entrants acquiring ongoing factories with pro-
duction history during the period of the 1998 through
2000 crop years.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as an Effective Date note under
section 8701 of this title.
§ 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 proc-
essor 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 sugar-
cane 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 crop year—
(A) the Secretary first shall reassign the
estimated quantity of the deficit to the allo-
cations for other processors within that
State, depending on the capacity of each
other processor to fill the portion of the def-
icit to be assigned to it and taking into ac-
count the interests of producers served by
the processors;
(B) if after the reassignments the deficit
cannot be completely eliminated, the Sec-
reta
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1359ff
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