Page:United States Statutes at Large Volume 104 Part 5.djvu/145

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3467 ered plsmted on the farm from which the quota is to be leased; and "(B) under such terms and conditions as the Secretary may by regulation prescribe. In the case of a fall transfer or a transfer after the normal planting season by a cash lessee, the landowner shall not be required to sign the transfer authorization. A fall trgmsfer or a transfer after the normal planting season may be made not later than 72 hours after the peanuts that are the subject of the transfer are inspected and graded. "(2) TRANSFERS TO OTHER SELF-OWNED FARMS.— The owner or operator of a farm may transfer all or any part of the farm poundage quota for the farm to any other farm owned or controlled by the owner or operator that is in the same county or in a county contiguous to the county in the same State and that had a farm poundage quota for the preceding year's crop. Any farm poundage quota transferred under this paragraph shall not result in any reduction in the farm poundage quota for the transferring farm if the transferred quota is produced or considered produced on the receiving farm. "(3) TRANSFERS IN STATES WITH SMALL QUOTAS. —Notwithstanding paragraphs (1) and (2), in the case of any State for which the poundage quota allocated to the State was less than 10,000 tons for the preceding year's crop, all or any part of a farm poundage quota may be transferred by sale or lease or otherwise from a farm in one county to a farm in another county in the same State. "(b) CONDITIONS. —Transfers (including transfer by sale or lease) of farm poundage quotas under this section shall be subject to all of the following conditions: "(1) LIENHOLDERS. — No transfer of the farm poundage quota from a farm subject to a mortgage or other lien shall be permitted unless the transfer is agreed to by the lienholders. "(2) TILLABLE CROPLAND.— No transfer of the farm poundage quota shall be permitted if the county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) determines that the receiving farm does not have adequate tillable cropland to produce the farm poundage quota. "(3) RECORD. —No transfer of the farm poundage quota shall be effective until a record thereof is filed with the county committee of the county to which the transfer is made and the committee determines that the transfer complies with this section. "(4) OTHER TERMS.— Such other terms and conditions that the Secretary may by regulation prescribe. "(c) CROPS.—Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1995 crops of peanuts.". SEC. 804. MARKETING PENALTIES; DISPOSITION OF ADDITIONAL PEA- NUTS. The Agricultural Adjustment Act of 1938 is amended by inserting after section 359 the following new section:

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