Page:United States Statutes at Large Volume 104 Part 5.djvu/143

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3465 "(C) NATIONAL POUNDAGE QUOTA. — Any increases in farm poundage quotas under this paragraph shall not be counted against the national poundage quota for the marketing year involved. " (D) TRANSFER OF ADDITIONAL PEANUTS.— Any increase in the farm poundage quota for a farm for a marketing year under this paragraph may be used during the marketing year by the transfer of additional peanuts produced on the farm to the quota loan pool for pricing purposes on such basis as the Secretary shall by regulation prescribe. " (9) LIMIT ON INCREASES FOR UNDERMARKETINGS. —Notwithstanding the foregoing provisions of this subsection, if the total of all increases in individual farm poundage quotas under paragraph (8) exceeds 10 percent of the national poundage quota for the marketing year in which the increases shall be applicable, the Secretary shall adjust the increases so that the total of all the increases does not exceed 10 percent of the national poundage quota. " (c) FARM YIELDS. — "(1) IN GENERAL.— For each farm for which a farm poundsige quota is established under subsection (b), and when necessary for purposes of this Act, a farm jdeld of peanuts shall be determined for each such farm. "(2) QUANTITY.—The yield shall be equal to the average of the actual yield per acre on the farm for each of the 3 crop years in which yields were highest on the farm out of the 5 crop years 1973 through 1977. "(3) APPRAISED YIELDS. —I f peanuts were not produced on the farm in at least 3 years during the 5-year period or there was a substantial change in the operation of the farm during the period (including a change in operator, lessee who is an operator, or irrigation practices), the Secretary shall have a yield appraised for the farm. The appraised yield shall be that quantity determined to be fair and reasonable on the basis of jrields established for similar farms that are located in the area of the farm and on which peanuts were produced, taking into consideration land, labor, and equipment available for the production of peanuts, crop rotation practices, soil and water, and other relevant factors. " (d) REFERENDUM RESPECTING POUNDAGE QUOTAS. — "(1) IN GENERAL. —Not later than December 15 of each calendar year, the Secretary shall conduct a referendum of producers engaged in the production of quota peanuts in the calendar year in which the referendum is held to determine whether the producers are in favor of or opposed to poundage quotas with respect to the crops of peanuts produced in the 5 calendar years immediately following the year in which the referendum is held, except that, if as many as two-thirds of the producers voting in any referendum vote in favor of poundage quotas, no referendum shall be held with respect to quotas for the second, third, fourth, and fifth years of the period. "(2) PROCLAMATION. — The Secretary shall proclaim the result of the referendum within 30 days after the date on which it is held. (3) VOTE AGAINST QUOTAS.— I f more than one-third of the producers voting in the referendum vote against quotas, the Secretary also shall proclaim that poundage quotas will not be

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