View all text of Subpartvii [§ 1359aa - § 1359ll]
§ 1359cc. Establishment of flexible marketing allotments
(a) In general
(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
(2) Beet sugar
(e) State cane sugar allotments
(1) In general
(2) Offshore allotment
(A) Collectively
(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
(g) Adjustment of marketing allotments
(1) Adjustments
(A) In general
(B) Limitation
(2) Allocation to processors
(3) Carry-over of reductions
(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.)