Page:United States Statutes at Large Volume 116 Part 1.djvu/224

 116 STAT. 198 PUBLIC LAW 107-171—MAY 13, 2002 7 USC 1359ff. Deadlines. Deadline. "(C) if after the reassignments and sales, 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 crop year shall be increased to reflect the reassignment. •SEC. 359f. PROVISIONS APPLICABLE TO PRODUCERS. "(a) PROCESSOR ASSURANCES. — "(1) IN GENERAL. — I f allotments for a crop 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 among producers served by the processor in a fair and equitable manner that adequately reflects producers' production histories. " (2) ARBITRATION. — "(A) IN GENERAL.— Any dispute between a processor and a producer, or group of producers, with respect to the sharing of the allocation to the processor shall be resolved through arbitration by the Secretary on the request of either party. "(B) PERIOD. —The arbitration shall, to the maximum extent practicable, be— "(i) commenced not more than 45 days after the request; and "(ii) completed not more than 60 days after the request. " (b) SUGAR BEET PROCESSING FACILITY CLOSURES.— "(1) IN GENERAL.— If a sugar beet processing facility is closed and the sugar beet growers that previously delivered beets to the facility elect to deliver their beets to another processing company, the growers may petition the Secretary to modify allocations under this part to allow the delivery. " (2) INCREASED ALLOCATION FOR PROCESSING COMPANY.— The Secretary may increase the allocation to the processing company to which the growers elect to deliver their sugar beets, with the approval of the processing company, to a level that does not exceed the processing capacity of the processing company, to accommodate the change in deliveries. "(3) DECREASED ALLOCATION FOR CLOSED COMPANY. —The increased allocation shall be deducted from the allocation to the company that owned the processing facility that has been closed and the remaining allocation shall be unaffected. "(4) TIMING.— The determinations of the Secretary on the issues raised by the petition shall be made within 60 days after the filing of the petition. " (c) PROPORTIONATE SHARES OF CERTAIN ALLOTMENTS.— "(1) IN GENERAL.— "(A) STATES AFFECTED.— In any case in which a State allotment is established under section 359c(f) and there are in excess of 250 sugarcane producers in the State (other than Puerto Rico), the Secretary shall make a determination under subparagraph (B). " (B) DETERMINATION. —The Secretary shall determine, for each State allotment described in subparagraph (A), whether the production of sugarcane, in the absence of

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