Page:United States Statutes at Large Volume 104 Part 5.djvu/144

 104 STAT. 3466 PUBLIC LAW 101-624—NOV. 28, 1990 in effect with respect to the crop of peanuts produced in the calendar year immediately following the calendar year in which the referendum is held. "(e) DEFINITIONS. —For the purposes of this part and title I of the Agricultural Act of 1949 (7 U.S.C. 1441 et seq.): "(1) ADDITIONAL PEANUTS.— The term 'additional peanuts' means, for any marketing year— "(A) any peanuts that are marketed from a farm for which a farm poundage quota has been established and that are in excess of the marketings of quota peanuts from the farm for the year; and "(B) all peanuts marketed from a farm for which no farm poundage quota has been established in accordance with subsection (b). "(2) CRUSHING.— The term 'crushing' means the processing of peanuts to extract oil for food uses and meal for feed uses, or the processing of peanuts by crushing or otherwise when authorized by the Secretary. "(3) DOMESTIC EDIBLE USE.—The term 'domestic edible use' means use for milling to produce domestic food peanuts (other than those described in paragraph (2)) and seed and use on a farm, except that the Secretary may exempt from this definition seeds of peanuts that are used to produce peanuts excluded under section 359(c), are unique strains, and are not commercially available. "(4) QUOTA PEANUTS.— The term 'quota peanuts' means, for any marketing year, any peanuts produced on a farm having a farm poundage quota, as determined in subsection (b), that— "(A) are eligible for domestic edible use as determined by the Secretary; "(B) are marketed or considered marketed from a farm; and "(C) do not exceed the farm poundage quota of the farm for the year. "(f) CROPS. —Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1995 crops of peanuts.". SEC. 803. SALE, LEASE, OR TRANSFER OF FARM POUNDAGE QUOTA. The Agricultural Adjustment Act of 1938 is amended by inserting after section 358a the following new section: 7 USC 1358b. "SEC. 358b. [>ALE, LEASE, OR TRANSFER OF FARM POUNDAGE QUOTA FOR 1991 THROUGH 1995 CROPS OF PEANUTS. "(a) IN GENERAL. — "(1) AUTHORITY. — Subject to such terms, conditions, or limitations as the Secretary may prescribe, the owner, or operator with the permission of the owner, of any farm for which a farm poundage quota has been established under this Act may sell or lease all or any part of the poundage quota to any other owner or operator of a farm within the same county for transfer to the farm, except that any such lease of poundage quota may be entered into in the fall or after the normal planting season— "(A) if not less than 90 percent of the basic quota (the farm quota exclusive of undermarketings and temporary quota transfers), plus any poundage quota transferred to the farm under this subsection, has been planted or consid-

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