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7 U.S.C. § 1359ee — Flexible marketing allotments for sugar
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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Stable record: federal_law:legal_authorities:record_usc_8b2c123711f228994a66e68c
Source file: Laws/federal/codes/united-states-code/title-7/section-1359ee-flexible-marketing-allotments-for-sugar--1a2eb8754c.md
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Source location: Title 7, Chapter 35, § 1359ee; chapter-035-agricultural-adjustment-act-of-1938.md
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**(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 cane or sugar beets or in-process beet sugar (whether the sugar beets or in-process beet sugar was produced domestically or imported) at a level that is—
(A) sufficient to maintain raw and refined sugar prices above forfeiture levels so that there will be no forfeitures of sugar to the Commodity Credit Corporation 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); but
(B) not less than 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.
(2) **Products** — The Secretary may include sugar products, the majority content of which is sucrose for human consumption, derived from sugar cane, sugar beets, molasses, or sugar in the allotments established under paragraph (1) if the Secretary determines it to be appropriate for purposes of this subpart.
**(c) Coverage of allotments**
(1) **In general** — The marketing allotments under this subpart shall apply to the marketing by processors of sugar intended for domestic human consumption that has been processed from sugar cane, sugar beets, or in-process beet sugar, whether such sugar beets or in-process beet sugar was produced domestically or imported.
(2) **Exceptions** — Consistent with the administration of marketing allotments for each of the 2002 through 2007 crop years, the marketing allotments shall not apply to sugar sold—
(A) to facilitate the exportation of the sugar to a foreign country, except that the exports of sugar shall not be eligible to receive credits under reexport programs for refined sugar or sugar containing products administered by the Secretary;
(B) to enable another processor to fulfill an allocation established for that processor; or
(C) for uses other than domestic human consumption, except for the sale of sugar for the production of ethanol or other bioenergy 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).
(3) **Requirement** — The sale of sugar described in paragraph (2)(B) shall be—
(A) made prior to May 1; and
(B) reported to the Secretary.
**(d) Prohibitions**
(1) **In general** — During all or part of any crop year for which marketing allotments have been established, no processor of sugar beets or sugarcane shall market for domestic human consumption a quantity of sugar in excess of the allocation established for the processor, except—
(A) to enable another processor to fulfill an allocation established for that other processor; or
(B) to facilitate the exportation of the sugar.
(2) **Civil penalty** — Any processor who knowingly violates paragraph (1) 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 involved in the violation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Bioenergy** — The term “bioenergy” means fuel grade ethanol and other biofuel.
(2) **Bioenergy producer** — The term “bioenergy producer” means a producer of bioenergy that uses an eligible commodity to produce bioenergy under this section.
(3) **Eligible commodity** — The term “eligible commodity” means a form of raw or refined sugar or in-process sugar that is eligible to be marketed in the United States for human consumption or to be used for the extraction of sugar for human consumption.
(4) **Eligible entity** — The term “eligible entity” means an entity located in the United States that markets an eligible commodity in the United States.
**(b) Feedstock flexibility program**
(1) **In general**
(A) *Purchases and sales* — For each of the 2008 through 2026 crops, the Secretary shall purchase eligible commodities from eligible entities and sell such commodities to bioenergy producers for the purpose of producing bioenergy in a manner that ensures that [section 7272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7272&num=0&edition=prelim) is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation.
(B) *Competitive procedures* — In carrying out the purchases and sales required under subparagraph (A), the Secretary shall, to the maximum extent practicable, use competitive procedures, including the receiving, offering, and accepting of bids, when entering into contracts with eligible entities and bioenergy producers, provided that such procedures are consistent with the purposes of subparagraph (A).
(C) *Limitation* — The purchase and sale of eligible commodities under subparagraph (A) shall only be made in crop years in w
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sugarcane** The Secretary shall make loans available to processors of domestically grown sugarcane at a rate equal to—
(1) 18.00 cents per pound for raw cane sugar for the 2008 crop year;
(2) 18.25 cents per pound for raw cane sugar for the 2009 crop year;
(3) 18.50 cents per pound for raw cane sugar for the 2010 crop year;
(4) 18.75 cents per pound for raw cane sugar for each of the 2011 through 2018 crop years;
(5) 19.75 cents per pound for raw cane sugar for each of the 2019 through 2024 crop years; and
(6) 24.00 cents per pound for raw cane sugar for each of the 2025 through 2031 crop years.
**(b) Sugar beets** The Secretary shall make loans available to processors of domestically grown sugar beets at a rate equal to—
(1) 22.9 cents per pound for refined beet sugar for the 2008 crop year;
(2) a rate that is equal to 128.5 percent of the loan rate per pound of raw cane sugar for the applicable crop year under subsection (a) for each of the 2009 through 2024 crop years; and
(3) a rate that is equal to 136.55 percent of the loan rate per pound of raw cane sugar under subsection (a)(6) for each of the 2025 through 2031 crop years.
**(c) Term of loans**
(1) **In general** — A loan under this section during any fiscal year shall be made available not earlier than the beginning of the fiscal year and shall mature at the earlier of—
(A) the end of the 9-month period beginning on the first day of the first month after the month in which the loan is made; or
(B) the end of the fiscal year in which the loan is made.
(2) **Supplemental loans** — In the case of a loan made under this section in the last 3 months of a fiscal year, the processor may repledge the sugar as collateral for a second loan in the subsequent fiscal year, except that the second loa
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1357, act Feb. 16, 1938, ch. 30, title III, § 357, as added Apr. 3, 1941, ch. 39, § 1, 55 Stat. 88, related to legislative findings concerning peanut marketing quotas.
Section 1358, act Feb. 16, 1938, ch. 30, title III, § 358, as added Apr. 3, 1941, ch. 39, § 1, 55 Stat. 88; amended July 9, 1942, ch. 497, § 1(1), 56 Stat. 653; July 26, 1946, ch. 677, 60 Stat. 705; Aug. 1, 1947, ch. 445, § 1, 61 Stat. 721; Aug. 29, 1949, ch. 518, § 4, 63 Stat. 676; Mar. 31, 1950, ch. 81, § 6(b), 64 Stat. 43; Apr. 12, 1951, ch. 28, § 1, 65 Stat. 29; Pub. L. 85–717, § 1, Aug. 21, 1958, 72 Stat. 709; Feb. 16, 1938, ch. 30, title III, § 378(d), as added Pub. L. 85–835, title V, § 501, Aug. 28, 1958, 72 Stat. 996; Pub. L. 92–62, §§ 1–3, Aug. 3, 1971, 85 Stat. 163, 164; Pub. L. 94–247, Mar. 25, 1976, 90 Stat. 285; Pub. L. 95–113, title VIII, §§ 801(b), 802, Sept. 29, 1977, 91 Stat. 944; Pub. L. 97–98, title VII, § 702, Dec. 22, 1981, 95 Stat. 1248; Pub. L. 99–157, § 5, Nov. 15, 1985, 99 Stat. 818; Pub. L. 99–198, title VII, § 702, Dec. 23, 1985, 99 Stat. 1430; Pub. L. 102–237, title I, § 117(b)(2)(A), Dec. 13, 1991, 105 Stat. 1841, related to national marketing quota for peanuts.
Section 1358–1, act Feb. 16, 1938, ch. 30, title III, § 358–1, as added Pub. L. 101–624, title VIII, § 802, Nov. 28, 1990, 104 Stat. 3459; amended Pub. L. 102–237, title I, § 117(b)(2)(B), Dec. 13, 1991, 105 Stat. 1841; Pub. L. 103–66, title I, § 1109(c)(1), Aug. 10, 1993, 107 Stat. 326; Pub. L. 104–127, title I, § 155(i)(1)(A), (2)–(4)(A), (5), Apr. 4, 1996, 110 Stat. 927–929, related to national poundage quotas and acreage allotments for peanuts.
Section 1358a, act Feb. 16, 1938, ch. 30, title III, § 358a, as added Pub. L. 90–211, Dec. 18, 1967, 81 Stat. 658; amended Pub. L. 91–122, N
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1359cc
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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
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
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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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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
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