Page:United States Statutes at Large Volume 116 Part 1.djvu/216

 116 STAT. 190 PUBLIC LAW 107-171—MAY 13, 2002 " (d) FILLING CANE SUGAR AND BEET SUGAR ALLOTMENTS.— "(1) CANE SUGAR.— Each marketing allotment for cane sugar established under this section may only be filled with sugar processed from domestically grown sugarcane. "(2) BEET SUGAR.—Each marketing allotment for beet sugar established under this section may only be filled with sugar domestically processed from sugar beets. "(e) STATE CANE SUGAR ALLOTMENTS.— "(1) IN GENERAL.—The allotment for sugar derived from sugarcane shall be further allotted, among the States in the United States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner as provided in this subsection and section 359d(b)(l)(D). "(2) OFFSHORE ALLOTMENT. — "(A) COLLECTIVELY.—Prior to the allotment of sugar derived from sugarcane to any other State, 325,000 short tons, raw value shall be allotted to the offshore States. "(B) INDIVIDUALLY.—The collective offshore State allotment provided for under subparagraph (A) shall be further allotted among the offshore States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner on the basis of— "(i) past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from the 1996 through 2000 crops; "(ii) the ability of processors to market the sugar covered under the allotments for the crop year; and "(iii) past processings of sugar from sugarcane, based on the 3-year average of the 1998 through 2000 crop years. "(3) MAINLAND ALLOTMENT.—The allotment for sugar derived from sugarcane, less the amount provided for under paragraph (2), shall be allotted among the mainland States in the United States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner on the basis of— "(A) past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from the 1996 through 2000 crops; "(B) the ability of processors to market the sugar covered under the allotments for the crop year; and "(C) past processings of sugar from sugarcane, based on the 3 crop years with the greatest processings (in the mainland States collectively) during the 1991 through 2000 crop years. "(f) FILLING CANE SUGAR ALLOTMENTS.— Except as provided in section 359e, a State cane sugar allotment established under subsection (e) for a crop year may be filled only with sugar processed from sugarcane grown in the State covered by the allotment. " (g) ADJUSTMENT OF MARKETING ALLOTMENTS.—

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