Page:United States Statutes at Large Volume 104 Part 5.djvu/160

 104 STAT. 3482 PUBLIC LAW 101-624—NOV. 28, 1990 the accumulation of sugar acquired by the Commodity Credit Corporation. "(c) ALLOTMENT.—The overall allotment quantity for the fiscal year shall be allotted among— "(1) sugar derived from sugar beets; and "(2) sugar derived from sugarcane. "(d) PERCENTAGE FACTORS. — "(1) IN GENERAL.— The Secretary shall establish percentage factors for the overall beet sugar and cane sugar allotments applicable for a fiscal year. The Secretary shall establish the percentage factors in a fair and equitable manner on the basis of past marketings of sugar (considering for such purposes the marketings of sugar processed from sugarcane and sugar beets of any or all of the 1985 through 1989 crops), processing and refining capacity, and the ability of processors to market the sugar covered under the allotments. Federal "(2) PUBLICATION. — The Secretary shall publish these percent- ^sister, age factors in the Federal Register, along with a description of pu ica ion. ^g^ Secretary's reasons for establishing the factors, as provided in section 359h(c). "(e) MARKETING ALLOTMENT.— The marketing allotment for sugar derived from sugarcane and the marketing allotment for sugar derived from sugar beets for a fiscal year, in each case, shall be a quantity equal to the product of multiplying the overall allotment quantity for the fiscal year by the percentage factor established by the Secretary under subsection (d)(l) for the allotment. "(f) STATE SUGARCANE ALLOTMENT. —The allotment for sugar derived from sugarcane shall be further allotted among the 5 States in the United States in which sugarcane is produced in a fair and equitable manner on the basis of past marketings of sugar (considering for such purposes the average of marketings of sugar processed from sugarcane in the 2 highest years of production from each State from the 1985 through 1989 crops), processing capacity, and the ability of processors to market the sugar covered under the allotments. " (g) ADJUSTMENT OF MARKETING ALLOTMENTS. — "(1) IN GENERAL.—The Secretary shall, based on reestimates under section 359b(a)(2), adjust upward or downward marketing allotments established under subsections (a) through (f) in a fair and equitable manner, or suspend the allotments, as the Secretary determines appropriate, to reflect changes in estimated sugar consumption, availability, or imports. "(2) ALLOCATION TO PROCESSORS.— In the case of any increase or decrease in an allotment, each allocation to a processor of the allotment under section 359d, and each proportionate share established with respect to the allotment under section 359f(b), shall be increased or decreased by the same percentage that the allotment is increased or decreased. "(3) REDUCTIONS. —Whenever a marketing allotment for a fiscal year is required to be reduced during the fiscal year under this paragraph— "(A) if the quantity of the sugar marketed, including sugar pledged as collateral for a price support loan under section 206 of the Agricultural Act of 1949, for the fiscal year at the time of the reduction under the allotment by all processors covered by the sdlotment exceeds the reduced

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