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7 U.S.C. § 1359dd — Definitions
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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Stable record: federal_law:legal_authorities:record_usc_bf46cb34801e1696d99f6b86
Source file: Laws/federal/codes/united-states-code/title-7/section-1359dd-definitions--1732275f2d.md
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Source location: Title 7, Chapter 35, § 1359dd; chapter-035-agricultural-adjustment-act-of-1938.md
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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 Columbia; and
(C) the Commonwealth of Puerto Rico.
(6) **United States** — The term “United States”, when used in a geographical sense, means all of the States.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8110
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7272
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Complaints by Secretary of Agriculture; notice of hearings** The Secretary of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard.
**(b) Secretary as party to proceedings** If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Board shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Board’s determination. The liability of the Secretary in any such case shall extend only to liability for court costs.
**(c) Utilization of records, services, etc., of Department of Agriculture** For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture.
**(d) Cooperation with complaining farm associations** The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1301
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1359ff
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Processor assurances**
(1) **In general** — If allotments for a crop year are allocated to processors under [section 1359dd of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359dd&num=0&edition=prelim), the Secretary shall obtain from the processors such assurances as the Secretary considers adequate that the allocation will be shared among producers served by the processor in a fair and equitable manner that adequately reflects producers’ production histories.
(2) **Arbitration**
(A) *In general* — Any dispute between a processor and a producer, or group of producers, with respect to the sharing of the allocation to the processor shall be resolved through arbitration by the Secretary on the request of either party.
(B) *Period* — The arbitration shall, to the maximum extent practicable, be—
(i) commenced not more than 45 days after the request; and
(ii) completed not more than 60 days after the request.
**(b) Sugar beet processing facility closures**
(1) **In general** — If a sugar beet processing facility is closed and the sugar beet growers that previously delivered beets to the facility elect to deliver their beets to another processing company, the growers may petition the Secretary to modify allocations under this subpart to allow the delivery.
(2) **Increased allocation for processing company** — The Secretary may increase the allocation to the processing company to which the growers elect to deliver their sugar beets, with the approval of the processing company, to a level that does not exceed the processing capacity of the processing company, to accommodate the change in deliveries.
(3) **Decreased allocation for closed company** — The increased allocation shall be deducted from the allocation
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1359ii
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfer of acreage base history**
(1) **Transfer authorized** — For the purpose of establishing proportionate shares for sugarcane farms under [section 1359ff(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359ff/c&num=0&edition=prelim), the Secretary, on application of any producer, with the written consent of all owners of a farm, may transfer the acreage base history of the farm to any other parcels of land of the applicant.
(2) **Converted acreage base**
(A) *In general* — Sugarcane acreage base established under [section 1359ff(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359ff/c&num=0&edition=prelim) that has been or is converted to nonagricultural use on or after May 13, 2002, may be transferred to other land suitable for the production of sugarcane that can be delivered to a processor in a proportionate share State in accordance with this paragraph.
(B) *Notification* — Not later than 90 days after the Secretary becomes aware of a conversion of any sugarcane acreage base to a nonagricultural use, the Secretary shall notify the 1 or more affected landowners of the transferability of the applicable sugarcane acreage base.
(C) *Initial transfer period* — The owner of the base attributable to the acreage at the time of the conversion shall be afforded 90 days from the date of the receipt of the notification under subparagraph (B) to transfer the base to 1 or more farms owned by the owner.
(D) *Grower of record* — If a transfer under subparagraph (C) cannot be accomplished during the period specified in that subparagraph, the grower of record with regard to the acreage base on the date on which the acreage was converted to nonagricultural use shall—
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1359jj
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** An appeal may be taken to the Secretary from any decision under [section 1359dd of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359dd&num=0&edition=prelim) establishing allocations of marketing allotments, or under section 1359ff or 1359gg(d) of this title, by any person adversely affected by reason of any such decision.
**(b) Procedure**
(1) **Notice of appeal** — Any such appeal shall be taken by filing with the Secretary, within 20 days after the decision complained of is effective, notice in writing of the appeal and a statement of the reasons therefor. Unless a later date is specified by the Secretary as part of the Secretary’s decision, the decision complained of shall be considered to be effective as of the date on which announcement of the decision is made. The Secretary shall deliver a copy of any notice of appeal to each person shown by the records of the Secretary to be adversely affected by reason of the decision appealed, and shall at all times thereafter permit any such person to inspect and make copies of appellant’s reasons for the appeal and shall on application permit the person to intervene in the appeal.
(2) **Hearing** — The Secretary shall provide each appellant an opportunity for a hearing before an administrative law judge in accordance with sections 554 and 556 of title 5. The expenses for conducting the hearing shall be reimbursed by the Commodity Credit Corporation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1359ll
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Federal law — U.S. Code and appendices · legal_authorities
Page 664
TITLE 7—AGRICULTURE
§ 1359dd
(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, adjust upward or
downward marketing allotments in a fair
and equitable manner, as the Secretary de-
termines appropriate, to reflect changes in
estimated sugar consumption, stocks, pro-
duction, or imports.
(B) Limitation
In carrying out subparagraph (A), the Sec-
retary may not reduce the overall allotment
quantity to a quantity of less than 85 per-
cent of the estimated quantity of sugar for
domestic human consumption for the crop
year.
(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(c) of this title, shall be increased or de-
creased by the same percentage that the allot-
ment is increased or decreased.
(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.
(Feb. 16, 1938, ch. 30, title III, § 359c, as added
Pub. L. 107–171, title I, § 1403, May 13, 2002, 116
Stat. 189; amended Pub. L. 110–234, title I,
§ 1403(c), May 22, 2008, 122 Stat. 983; Pub. L.
110–246, § 4(a), title I, § 1403(c), June 18, 2008, 122
Stat. 1664, 1712.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L.
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1359dd
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.