Page:United States Statutes at Large Volume 122.djvu/1007

 12 2 STA T .984PUBLIC LA W 11 0– 2 3 4 —M A Y 22, 2008 ‘ ‘ (A)raw a nd r efi ned sug ar p ri c esa bov e forfei t ure l evels to avoid t h e forfeiture of sugar to the C o m modit y Credit Corporation and ‘‘( B ) ade q uate supplies of raw and refined sugar in the domestic mar k et .’ ’; ( 2 ) in subsection (d)(2) , by inserting ‘‘or in - process beet sugar’’ before the period at the end; ( 3 ) in subsection (g)( 1 ) — (A) by striking ‘‘ (1)INGE NE RAL .— T he S ecretary’’ and inserting the following

‘‘(1) A DJUSTM ENTS.— ‘‘(A) I N GENERAL.—Sub j ect to subparagraph (B), the Secretary’’; and (B) by adding at the end the following: ‘‘(B) L IMITATI O N.—In carrying out subparagraph (A), the Secretary may not reduce the overall allotment quantity to a quantity of less than 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.’’; and ( 4 ) by striking subsection (h). (d) ALLO C ATION O FM AR K ETING ALLOTMENTS.—Section 35 9 d(b) of the Agricultural Adjustment Act of 1938 ( 7U .S.C. 1359dd(b)) is amended— (1) in paragraph (1)( F ), by striking ‘‘ Ex cept as otherwise provided in section 359f(c)(8), if’’ and inserting ‘‘If’’; and (2) in paragraph (2), by striking subparagraphs ( G ),( H ), and (I) and inserting the following: ‘‘(G) SALE OF FACTORIES OF A P ROCESSOR TO ANOT H ER PROCESSOR.— ‘‘(i) EFFECT OF SALE.—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 1 or more factories to the total allocation of the seller, unless the buyer and the seller have agreed upon the transfer of a different portion of the allocation of the seller, in which case, the Secretary shall transfer that portion agreed upon by the buyer and seller. ‘‘(ii) APPLICATION OF ALLOCATION.—The assign- ment of the allocation under clause (i) shall apply— ‘‘(I) during the remainder of the crop year for which the sale described in clause (i) occurs; and ‘‘(II) during each subsequent crop year. ‘‘(iii) USE OF OTHER FACTORIES TO FILL ALLOCA- TION.—If the assignment of the allocation under clause (i) to the buyer for the 1 or more purchased factories cannot be filled by the production of the 1 or more purchased factories, the remainder of the allocation may be filled by beet sugar produced by the buyer from other factories of the buyer.

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