Page:United States Statutes at Large Volume 49 Part 1.djvu/830

 74TH CONGRESS. SESS. I. CH. 641 . AUGUST 24, 1935. 785 produced in such State during the years 1929-1934, inclusive, which was sold, bears to the sum of the products of such average acreages. such average yields, and such percentages of sales for all States Provided, That if the Secretary of Agriculture finds that the appli- Proviso. appo rti onme nt cation of the foregoing formula alone would, because of differences fou nd unfa ir to any in produ ction practi ces an d mark eting practi ces am ong th e seve ral state . States, result in an inequitable and unfair apportionment to any State or States, not in excess of 2 per centum of the quantity of potatoes determined in accordance with section 203 of this title may be deducted from such quantity and may be used by the Secretary of Agriculture to adjust on the basis of equity and fairness the apportionments made or to be made to any State or States. SEC. 204a. The quant ity determined and proclaim ed by the fz ddjustments author- Secretary of Agriculture pursuant to Section 203, and the quantity apportioned to each State pursuant to Section 204, may at such in tervals as the S ecretary of Agri culture finds ne cessary to effe ctuate the declared policy and purposes of this Act be adjusted by him : Provided, That the quantity so determined and proclaimed Proviso i shall not be increased or decreased by more than 5 per cent. Restriction. SEC. 205 . Ninety-five per centum of the quantity of potatoes Apportionment to apportioned to any State pursuant to section 204 of this title shall farms . be apportioned by the Secretary of Agriculture to farms on which potatoes have been grown within such State during any one or more years within the period 1932-1934, inclusive. Such apportionment Application therefor. to any farm shall be made upon application therefor and may, in ord er to secure equit able a pporti onment s to p roduce rs, be made by th e Secr etary based upon e ither- A percentage of the average sales of potatoes produced on Meth ods of making (1) h appo rti onme nt. such farm for a representative base period, prescribed by the Sec- retary, of any two or more years during the years 1932-1934, inclu- siv e, pro viding the o perato rs of such f arm fo r the allotm ent ye ar for which the ap portionment is made produced p otatoes on such farm during at least one of the base-period years. The representa- tive base period prescribed by the Secretary and the percentage applied to the average sales of potatoes produced during such period in establ ishing appor tionme nts fo r each farm under this p aragra ph shall, so far as practicable, be uniform for farms similarly situated upon the basis or classification prescribed by the Secretary of Agri- culture, but in the case of any farm for which such average sales are 300 pounds or less, such average sales shall be exempt from any percentage reduction thereof and such farm shall receive an appor- tionment equal to such average sales ; or (2) Such basis as the Secretary of Agriculture deems fair and just and will apply to all farms to which an apportionment is made under this paragraph 2 uniformly on the basis or classification adopted. In making an apportionment to a farm under this para- graph, due consideration shall be given to the quantity of potatoes produced and sold in the past by the operators who will operate such farm for the allotment year for which the apportionment is made, the quantity of potatoes produced on such farm and sold in the past, and the acreage of the farm available for the production of potatoes and which the operators are currently equipped to devote to the production of potatoes. SEC. 206. Not in excess of 5 per centum of the quantity of potatoes Percentage of quan- t ity available for ap- apportioned to any State pursuant to section 204 of this title shall, portionment to farms upon application therefor, be available for apportionment by the otherwisemeligible . Secretary of Agriculture to farms operated by persons engaged or evidencing a desire to engage in the production and sale of potatoes 104013°-26-	50