Page:United States Statutes at Large Volume 104 Part 5.djvu/159

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3481 fiscal year, in a manner that is fair, efficient, and equitable to manufacturers. "(d) PROHIBITIONS. — "(1) SUGAR.— "(A) EXCEEDING ALLOCATION. —At any time allotments are in effect and allocated to processors under section 359d, the total of— "(i) the quantity of sugar marketed by a processor, plus "(ii) the quantity of sugar pledged as collateral by the processor for a price support loan under section 206 of the.^ricultural Act of 1949, shall not exceed the quantity of the allocation of the allotment made to the processor. "(B) EXCEPTIONS. —Subparagraph (A) shall not apply— "(i) to the marketing during a fiscal year of sugar pledged in that fiscal year as collateral for a price support loan under section 206 of the Agricultural Act of 1949 after the sugar has been subsequently redeemed; or "(ii) to any sale of sugar by a processor to another processor made to enable the other processor to fulfill the quantity of the allocation of the allotment made to the other processor. "(2) CRYSTALLINE FRUCTOSE. — At any time crystalline fructose allotments are in effect for manufacturers under subsection (c), no manufacturer may market crystalline fructose in excess of the manufacturer's allotment. No restrictions or allotments shall be established on the marketings of any liquid fructose produced from corn. "(3) CIVIL PENALTY. —Any processor who violates paragraph (1) or manufacturer who violates paragraph (2) shall be liable to the (Commodity Credit Corporation for a civil penalty in an amount equal to 3 times the United States market value, at the time of the commission of the violation, of that quantity of sugar or crystalline fructose involved in the violation. "(4) DEFINITION OF MARKET. —For purposes of this part, the term 'market' shall mean to sell or otherwise dispose of in commerce in the United States. "SEC. 359c. ESTABLISHMENT OF MARKETING ALLOTMENTS. 7 USC 1359cc. "(a) IN GENERAL.— The Secretary shall establish marketing allotments for sugar for any fiscal year in which the allotments are required under section 359b(b) in accordance with this section. " (b) OVERALL ALLOTMENT QUANTITY. — "(1) IN GENERAL. —The Secretary shall establish the overall quantity of sugar to be allotted for the fiscal year (hereafter in this part referred to as the 'overall allotment quantity') by deducting from the estimated sugar consumption for the fiscal year, as determined under section 359b(a)— "(A) 1,250,000 short tons, raw value (representing minimum imports of sugar for consumption in the United States during the fiscal year); and "(B) carry-in stocks of sugar, including sugar in Commodity Credit Corporation inventory. (2) ADJUSTMENT.—The Secretary shall adjust the overall allotment quantity to the maximum extent practicable to prevent

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