Page:United States Statutes at Large Volume 116 Part 1.djvu/221

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 195 molasses desugarization facility that is constructed by the processor; and "(IV) in the case of a processor that suffered substantial quality losses on stored sugar beets, increased by 1.25 percent of the total of the adjusted weighted average quantities of beet sugar produced by all processors during the 1998 through 2000 crop years (without consideration of any adjustment under this subparagraph). "(E) PERMANENT TERMINATION OF OPERATIONS OF A PROCESSOR. — If a processor of beet sugar has been dissolved, liquidated in a bankruptcy proceeding, or otherwise has permanently terminated operations (other than in conjunction with a sale or other disposition of the processor or the assets of the processor), the Secretary shall— "(i) eliminate the allocation of the processor provided under this section; and "(ii) distribute the allocation to other beet sugar processors on a pro rata basis. " (F) SALE OF ALL ASSETS OF A PROCESSOR TO ANOTHER PROCESSOR. — If a processor of beet sugar (or all of the assets of the processor) is sold to another processor of beet sugar, the Secretary shall transfer the allocation of the seller to the buyer unless the allocation/has been distributed to other sugar beet processors under subparagraph (E). "(G) SALE OF FACTORIES OF A PROCESSOR TO ANOTHER PROCESSOR.— " (i) IN GENERAL. — Subject to subparagraphs (E) and (F), if 1 or more factories of a processor of beet sugar (but not all of the assets of the processor) are sold to another processor of beet sugar during a crop year, the Secretary shall assign a pro rata portion of the allocation of the seller to the allocation of the buyer to reflect the historical contribution of the production of the sold factory or factories to the total allocation of the seller. "(ii) APPLICATION OF ALLOCATION.—The assignment of the allocation under clause (i) shall apply— "(I) during the remainder of the crop year during which the sale described in clause (i) occurs (referred to in this subparagraph as the 'initial crop year'); and "(II) each subsequent crop year (referred in this subparagraph as a 'subsequent crop year'), subject to clause (iii). " (iii) SUBSEQUENT CROP YEARS.— "(I) IN GENERAL. —The assignment of the allocation under clause (i) shall apply during each subsequent crop year unless the acquired factory or factories continue in operation for less than the initial crop year and the first subsequent crop year. "(II) REASSIGNMENT.— If the acquired factory or factories do not continue in operation for the complete initial crop year and the first subsequent

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