Page:United States Statutes at Large Volume 104 Part 5.djvu/138

 104 STAT. 3460 PUBLIC LAW 101-624—NOV. 28, 1990 paragraph, the national poundage quota for a marketing year shall not be less thsin 1,350,000 tons. " (2) ANNOUNCEMENT. —The national poundage quota for a marketing year shall be announced by the Secretary not later than December 15 preceding the marketing year. "(3) APPORTIONMENT AMONG STATES, —The national poundage quota established under paragraph (1) shall be apportioned among the States so that the poundage quota allocated to each State shall be equal to the percentage of the national poundage quota allocated to farms in the State for 1990. "0)) FARM POUNDAGE QUOTAS. — "(1) IN GENERAL. — "(A) ESTABLISHMENT. —A farm poundage quota for each of the 1991 through 1995 marketing years shall be established— "(i) for each farm that had a farm poundage quota for peanuts for the 1990 marketing year; "(ii) if the poundage quota apportioned to a State under subsection (a)(3) for any such marketing year is larger than the quota for the immediately preceding marketing year, for each other farm on which peanute were produced for marketing in at least 2 of the 3 immediately preceding crop years, as determined by the Secretary; and "(iii) as approved and determined by the Secretary under section 358c, for each farm on which peanuts are produced in connection with experimental and research programs. "(B) QUANTITY.—The farm poundage quota for each of the 1991 through 1995 marketing years for each farm described in subparagraph (A)(i) shall be the same as the farm poundage quota for the farm for the immediately preceding marketing year, as adjusted under paragraph (2), but not including— "(i) any increases for undermarketings from previous years; or "(ii) any increases resulting from the allocation of quotas voluntarily released for 1 year under paragraph (7). The farm poundage quota, if any, for each of the 1991 through 1995 marketing years for each farm described in subparagraph (A)(ii) shall be equal to the quantity of peanuts allocated to the farm for the year under paragraph (2). "(C) TRANSFERS.—For purposes of this subsection, if the farm poundage quota, or any part thereof, is permanently transferred in accordance with section 358a or 358b, the receiving farm shall be considered as possessing the farm poundage quota (or portion thereof) of the transferring farm for all subsequent marketing years. "(2) ADJUSTMENTS. — "(A) ALLOCATION OF INCREASED QUOTA GENERALLY.— Except as provided in subparagraph (B) and subject to subparagraph (D), if the poundeige quota apportioned to a State under subsection (a)(3) for any of the 1991 through 1995 marketing years is increased over the poundage quota apportioned to farms in the State for the immediately preceding marketing year, the increase shall be allocated

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