Page:United States Statutes at Large Volume 104 Part 5.djvu/162

 104 STAT. 3484 PUBLIC LAW 101-624—NOV. 28, 1990 7 USC 1359ee. "SEC. 359e. ASSIGNMENTS OF DEFICITS. "(a) ESTIMATES OF MARKETING. —At any time allotments are in effect under this part, the Secretary, from time to time, shall determine whether (in view of then-current inventories of sugar, the estimated production of sugar and expected marketings, and other pertinent factors) processors of sugarcane in each State covered by an allotment will be able to market the sugar covered by the allotment applicable to them and whether processors of sugar beets will be able to market sugar covered by the portion of the beet sugar allotment applicable to them. " (b) REASSIGNMENT OF DEFICITS. — "(1) CANE SUGAR.— If the Secretary determines that the sugarcane processors subject to a State allotment will be unable to market the State's allotment for the fiscal year— "(A) the Secretary first shall reassign the estimated quantity of the deficit proportionately to the allocations for other processors within that State; "(B) if after the reassignments the deficit cannot be completely eliminated, the Secretary shall reassign the estimated quantity of the deficit proportionately to the allotments for other cane sugar States, depending on the capacity of each other State to fill the portion of the deficit to be assigned to it, with the reassigned quantity to each State to be allocated among processors in that State in proportion to the allocations of the processors; and Imports. "(C) if after the reassignments, the deficit cannot be completely eliminated, the Secretary shall reassign the remainder to imports. "(2) BEET SUGAR. —I f the Secretary determines that a sugar beet processor subject to an allotment will be unable to market that £dlotment— "(A) the Secretary first shall reassign the estimated quantity of the deficit proportionately to the allotments for other sugar beet processors, depending on the capacity of each other processor to fill the portion of the deficit to be assigned to it; and "(B) if after the reassignments, the deficit cannot be completely eliminated, the Secretary shall reassign the remainder to imports. "(3) CORRESPONDING INCREASE. —The allocation of each processor receiving a reassigned quantity of an allotment under this subsection for a fiscal year shall be increased to reflect the reassignment. 7 USC 1359ff. "SEC. 359f. PROVISIONS APPLICABLE TO PRODUCERS. "(a) PROCESSOR ASSURANCES.— Whenever allotments for a fiscal year are allocated to processors under section 359d, the Secretary shall obtain from the processors such assurances as the Secretary considers adequate that the allocation will be shared simong producers served by the processor in a fair and equitable manner that adequately reflects producers' production histories. Any dispute between a processor and a producer, or group of producers, with respect to the sharing of the processor's allocation shall be resolved through arbitration by the Secretary on the request of either party. " (b) PROPORTIONATE SHARES OF CERTAIN ALLOTMENTS.— " (1) IN GENERAL. —

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