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7 U.S.C. § 1359ll — Appeals
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.
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Stable record: federal_law:legal_authorities:record_usc_fc4d20270e6b4d8bbea9af68
Source file: Laws/federal/codes/united-states-code/title-7/section-1359ll-appeals--c8736d2e38.md
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Source location: Title 7, Chapter 35, § 1359ll; chapter-035-agricultural-adjustment-act-of-1938.md
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**(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.
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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 674
TITLE 7—AGRICULTURE
§ 1359ll
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 enacted identical
sections. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246.
PRIOR PROVISIONS
A prior section 1359kk, act Feb. 16, 1938, ch. 30, title
III, § 359k, as added Pub. L. 107–171, title I, § 1403, May
13, 2002, 116 Stat. 204, related to reallocation of sugar
quota import shortfalls in 2002 through 2007 calendar
years, prior to repeal by Pub. L. 110–234, title I, § 1403(i),
May 22, 2008, 122 Stat. 988; Pub. L. 110–246, § 4, title I,
§ 1403(i), June 18, 2008, 122 Stat. 1664, 1716, effective May
22, 2008.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment 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 a note under section 8701 of
this title.
§ 1359ll. Period of effectiveness
(a) In general
This subpart shall be effective only for the
2008 through 2023 crop years for sugar.
(b) Transition
The Secretary shall administer flexible mar-
keting allotments for sugar for the 2007 crop
year for sugar on the terms and conditions pro-
vided in this subpart as in effect on the day be-
fore the date of enactment of this section.
(Feb. 16, 1938, ch. 30, title III, § 359l, as added
Pub. L. 110–234, title I, § 1403(k), May 22, 2008, 122
Stat. 989, and Pub. L. 110–246, § 4(a), title I,
§ 1403(k), June 18, 2008, 122 Stat. 1664, 1717;
amended Pub. L. 113–79, title I, § 1301(b)(2), Feb.
7, 2014, 128 Stat. 688; Pub. L. 115–334, title I,
§ 1301(b)(2), Dec. 20, 2018, 132 Stat. 4511.)
Editorial Notes
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (b), is the
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