Page:United States Statutes at Large Volume 104 Part 5.djvu/141

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3463 "(C) the farm poundage quota was leased to another owner or operator of a farm within the same county for transfer to such farm for only 1 of the 3 marketing years immediately preceding the marketing year for which the determination is being made. "(5) QUOTA PERMANENTLY RELEASED.—Notwithstanding any other provision of law— "(A) the farm poundage quota established for a farm under this subsection, or any part of the quota, may be permanently released by the owner of the farm, or the operator with the permission of the owner; and "(B) the poundage quota for the farm for which the quota is released shall be adjusted downward to reflect the quota that is so released. "(6) ALLOCATION OF QUOTAS REDUCED OR RELEASED. — "(A) IN GENERAL.— Except as provided in subparagraphs (B) and (C), the total quantity of the farm poundage quotas reduced or voluntarily released from farms in a State for any marketing year under paragraphs (3) and (5) shall be allocated, as the Secretary may by regulation prescribe, to other farms in the State on which peanuts were produced in at least 2 of the 3 crop years immediately preceding the year for which the allocation is being made. "(B) SET-ASIDE FOR FARMS WITH NO QUOTA.— Not more than 25 percent of the total amount of farm poundage quota to be allocated in the State under subparagraph (A) shall be allocated to farms in the State for which no farm poundage quota was established for the immediately preceding year's crop. The allocation to any such farm shall not exceed the average farm production of peanuts for the 3 immediately preceding years during which peanuts were produced on the farm. "(C) ALLOCATION OF QUOTAS REDUCED OR RELEASED IN TEXAS. — "(i) IN GENERAL. — In Texas, and subject to terms and conditions prescribed by the Secretary, beginning with the 1991 marketing year, the total quantity of the farm poundage quota, except the percentage allocated to new farms under subparagraph (B), shall be allocated to other farms having poundage quotas for the 1990 marketing year in all counties in which the production of additional peanuts exceeded the total quota allocated to the county for the 1989 marketing year. " (ii) BASIS FOR ALLOCATION TO COUNTIES. —The allocation of the quota to eligible counties shall be based on the total production of additional peanuts in the respective county for the 1988 crop, except that the total quota allocated to any county under this subparagraph and paragraph (2)(B) shall not be increased by more than 100 percent of the basic quota allocated to the county for the 1989 marketing year, if that county had more than 10,000 tons of quota for the 1989 marketing year. "(iii) ALLOCATION TO OTHER COUNTIES. —If the total quota for any such county is so increased by 100 percent, all of the remaining quota set aside under this subparagraph shall be allocated to farms in other coun-

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