Page:United States Statutes at Large Volume 122.djvu/1005

 12 2 STA T .98 2 PUBLIC LA W 11 0– 2 34—M A Y 22, 2008 (b)FLEXIB LE MARK E T I NGA LL O T M ENT SF OR SU GAR .— S ection359 bo f t h eA gr ic ul tur a lA dj u s t m ent Act of 1 93 8 ( 7U .S. C . 1359bb) is amended to read as follo w s

‘ SEC.359b . FL E XIB LE MARK E T I NG ALL O TMENTS FOR S U GAR. ‘ ‘(a) SUGAR E STIMATES.— ‘‘(1) I N GENERAL.— N ot later than August 1 before the begin - ning of each of the 20 08 through 2012 cro py ears for sugarcane and sugar beets , the Secretary shall estimate— ‘‘(A) the q uantity of sugar that will be subject to human consumption in the United States during the crop year ‘‘( B ) the quantity of sugar that would pro v ide for reasonable carryover stoc k s; ‘‘(C) the quantity of sugar that will be available from carry-in stocks for human consumption in the United States during the crop year; ‘‘( D ) the quantity of sugar that will be available from the domestic processing of sugarcane, sugar beets, and in-process beet sugar; and ‘‘(E) the quantity of sugars, syrups, and molasses that will be imported for human consumption or to be used for the e x traction of sugar for human consumption in the United States during the crop year, whether the articles are under a tariff-rate quota or are in excess or outside of a tariff-rate quota. ‘‘(2) EX C LUSION.— T he estimates under this subsection shall not apply to sugar imported for the production of polyhydric alcohol or to any sugar refined and reexported in refined form or in products containing sugar. ‘‘(3) R EESTIMATES.—The Secretary shall make reestimates of sugar consumption, stocks, production, and imports for a crop year as necessary, but not later than the beginning of each of the second through fourth quarters of the crop year. ‘‘(b) SUGAR ALLOTMENTS.— ‘‘(1) ESTABLIS H MENT.—By the beginning of each crop year, the Secretary shall establish for that crop year appropriate allotments under section 359c for the marketing by processors of sugar processed from sugar cane or sugar beets or in-process beet sugar (whether the sugar beets or in-process beet sugar was produced domestically or imported) at a level that is— ‘‘(A) sufficient to maintain raw and refined sugar prices above forfeiture levels so that there will be no forfeitures of sugar to the Commodity Credit Corporation under the loan program for sugar established under section 15 6 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272); but ‘‘(B) not less than 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year. ‘‘(2) P RO D UCTS.—The Secretary may include sugar products, the majority content of which is sucrose for human consump- tion, derived from sugar cane, sugar beets, molasses, or sugar in the allotments established under paragraph (1) if the Sec- retary determines it to be appropriate for purposes of this part. ‘‘(c) CO V ERAGE OF ALLOTMENTS.— Deadlin e s.

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