Page:United States Statutes at Large Volume 52.djvu/87

 PUBLIC LAWS-CH. 30-FEB. 16, 193S commodity, and (4) causing a disparity between the prices for such commodity in interstate and foreign commerce and industrial prod- ucts therein, with a consequent diminution of the volume of inter- state and foreign commerce in industrial products. (c) Whenever an abnormally excessive supply of tobacco exists, the marketing of such commodity by the producers thereof directly and substantially affects interstate and foreign commerce in such commodity and its products, and the operation of the provisions of this Part becomes necessary and appropriate in order to promote, foster, and maintain an orderly flow of such supply in interstate and foreign commerce. National marketing NATIONAL MARKETING QUOTA quota. Proclamation by SEC. 312. (a) Whenever, on the 15th day of November of any ply eteeds reserU calendar year, the Secretary finds that the total supply of tobacco pply level. as of the beginning of the marketing year then current exceeds the reserve supply level therefor, the Secretary shall proclaim the amount iate quota effec- Of such total supply, and, beginning on the first day of the marketing year next following and continuing throughout such year, a national marketing quota shall be in effect for the tobacco marketed during Amount. such marketing year. The Secretary shall also determine and specify in such proclamation the amount of the national marketing quota in terms of the total quantity of tobacco which may be marketed which will make available during such marketing year a supply of Date of procla- tobacco equal to the reserve supply level. Such proclamation shall be made not later than the 1st day of December in such year. Burelctobacco, and (b) Whenever in the case of burley tobacco, and fire-cured and air-cured tobacco, dark air-cured tobacco, respectively, the total supply proclaimed martg quota,. pursuant to the provisions of subsection (a) of this section exceeds the reserve supply level by more than 5 per centum and a national marketing quota is not in effect for such tobacco during the market- ing year then current, a national marketing quota shall also be in effect for such tobacco marketed during the period from the date of such proclamation to the end of such current marketing year, Amount, and the Secretary shall determine and shall specify in such procla- mation the amount of such national marketing quota in terms of the total quantity which may be marketed, which will make avail- able during such current marketing year a supply of tobacco equal Efective date o to the reserve supply level. The provisions of this subsection shall not be effective prior to the beginning of the marketing year begin- ning in the calendar year 1938. Referendum. (c) Within thirty days after the date of the issuance of the procla- mation specified in subsection (a) of this section, the Secretary shall conduct a referendum of farmers who were engaged in production of the crop of tobacco harvested prior to the ho ding of the referen- dum to determine whether such farmers are in favor of or opposed to such quota. If in the case of burley tobacco, or fire-cured and dark air-cured tobacco, respectively, farmers would be subject to a national quota for the next succeeding marketing year pursuant to the provisions of subsection (a) of this section, and also to a national marketing quota for the current marketing year pursuant to the provisions of subsection (b) of this section, the referendum shall Efect of vote. provide for voting with respect to each such quota. If more than one-third of the farmers voting in the referendum oppose such quota, the Secretary shall prior to the 1st day of January, proclaim the result of the referendum and such quota shall not be effective thereafter. [52 STAT.

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