Page:United States Statutes at Large Volume 49 Part 1.djvu/824

 74TH CONGRESS. SESS. I. CH. 641. AUGUST 24, 1935 . 779 commerce and to effectuate the declared policy of this Act, and (2) that two-thirds of the land engaged in the production of such type of tobacco during the crop year in which such determination is made is voted in favor of the levy of the tax upon the sale of such type of tobacco, he shall proclaim such determination at least sixty days prior to the next succeeding crop year, and the tax shall thereafter apply to the sale of tobacco of such type harvested during the crop year next following the date of such proclamation. All persons who Producers' right to have the right, during the crop year in which such determination is vo te. made, to sell or to receive a share of the proceeds derived from the sale of tobacco of any type produced by them, or produced on land owned or leased by them, shall be entitled to vote, and the proportion of all the votes cast in each county which are cast in favor of levying the tax upon the sale of such type of tobacco shall determine the proportion of the total amount of tobacco land in such county which shall be deemed to have been voted in favor of levying such tax. The tax provided for by subsection (a) of this section shall not apply prov ision. of taxi ng to any tobacco harvested after April 30, 1939. SE C. 47. Subsection (a) of section 5 of said Act is amended by Vol . 4s,p.1277. inserting after the designation "(a)" at the beginning the reof the following : "(1)" ; and by inserting at the end of said subsection the following paragraph "(2) The Secretary of Agriculture shall issue to any person, who, Tax paym ent War• rants ; issue . because of religious or moral scruples, is unwilling or unable to become a co ntracting produce r, similar tax-pa yment warrants co ver- ing the quantity of tobacco produced by such person Provided, p rovis o . That the Secretary determines that such person has not planted a Restriction . greater acreage of tobacco nor sold a greater quantity of tobacco than he could have planted or sold as a contracting producer ." SEC. 48 . Subsection (b) of section 5 of said Act is amended by Vol.48,p.1277. striking out the first sentence of said subs ection and inserting in lieu thereof the following : " There shall be available for issuance by the Secretary of Agricul- w arrants to pe rsons not c ontract ing p ro- ture further warrants, covering an amount of tobacco of any type d L imit on number . equal to 3 per centum of the amount of tobacco of such type covered by the warrants issuable or issued to all contracting producers under the provisions of subsection (a) of this section, to persons engaged in the production of tobacco of such type who do not enter into such contracts and as to whom the Secretary determines that no equitable allotment of tobacco acreage or production is possible under such tobacco contracts . Such warrants shall be issued, upon application A pplic ation for . ther efor, upon such basis or c lassif icati on as the S ecret ary d eems will effectuate the declared policy of this Act and will be fair and just, and as will apply to all persons eligible to receive warrants under this subs ectio n unif ormly on t he bas is or clas sifica tion adopt ed
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proviso. Pe rs ons to wh om vided, That warrants covering two-thirds of the amount of any type may be issued. of tobacco to cover which warrants are available under this subsec- tion shall be issued, upon application therefor, only to persons who receive warrant s covering one th ousand five hundr ed pounds or less of any type of tobacco ." SEC. 49 . Subsection (d) of section 5 of said Act is amended to Vol. 48, p. 1277. read as follows "If any tax-payment w arrant is erroneo usly issued to an y person, raTa payment ar- or if the Secretary of Agriculture determines pursuant to this sub- turn. section that any person to whom any tax-payment warrant is issued has failed to comply in any crop year with any provision of any agreement enter ed into by such p erson pursuant to the Agricultural Adjustment Act or has failed to comply with a ny rule or regula tion issued by the Secretary of Agriculture pursuant to this Act or