Page:United States Statutes at Large Volume 104 Part 5.djvu/161

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3483 allotment, the quantity of the excess sugar marketed shall be deducted— "(i) if beet sugar is involved, from the marketing allotment, if any, next established for beet sugar; or "(ii) if cane sugar is involved, from the marketing allotment next established for the State; and "(B) if the quantity of 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 by any individual processor covered by the allotment exceeds the processor's reduced allocation, the quantity of the excess sugar marketed shall be deducted from the allocation of an allotment, if any, next established for the processor. " (h) FILLING SUGARCANE AND SUGAR BEET ALLOTMENTS. —Except as otherwise provided in section 359e, each marketing allotment of sugarcane established under this section may only be filled with sugar processed from domestically grown sugarcane, and each marketing allotment of sugar beets established under this section may only be filled with sugar processed from domestically grown sugar beets. "SEC. 359d. ALLOCATION OF MARKETING ALLOTMENTS. 7 USC 1359dd. " (a) IN GENERAL.— "(1) ALLOCATION TO PROCESSORS. — Whenever marketing allotments are established for a fiscal year under section 359c, in order to afford all interested persons an equitable opportunity to market sugar under an allotment, the Secretary shall allocate each such allotment among the processors covered by the allotment. " (2) HEARING AND NOTICE. — "(A) CANE SUGAR.— The Secretary shall make allocations for cane sugar after such hearing and on such notice as the Secretary by regulation may prescribe, in such manner and in such quantities as to provide a fair, efficient, and equitable distribution of the allocations by taking into consideration processing capacity, past marketings of sugar, and the ability of each processor to market sugar covered by that portion of the allotment allocated. Each such allocation shall be subject to adjustment under section 359c(g). "(B) BEET SUGAR.— The Secretary shall make allocations for beet sugar after such hearing and on such notice as the Secretary by regulation may prescribe, in such manner and in such quantities as to provide a fair, efficient, and equitable distribution of the allocations by taking into consideration processing capacity, past marketings of sugar (considering for the purposes the marketings of sugar processed from sugar beets of any or all of the 1985 through 1989 crops), and the ability of each processor to market sugar covered by that portion of the allotment allocated. Each such allocation shall be subject to adjustment under section 359c(g). "(b) FILLING CANE SUGAR ALLOTMENTS. —Except as otherwise provided in section 359e, the marketing allotment established for cane sugar under this part for a fiscal year may be filled only with sugar processed from sugarcane grown in the State covered by the allotment. 39-194O-91-6:QL3Part5

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