Page:United States Statutes at Large Volume 91.djvu/980

 91 STAT. 946

PUBLIC LAW 9 5 - 1 1 3 — S E P T. 29, 1977 by crushing or otherwise when authorized by the Secretary; and " (4) 'domestic edible use' means use for milling to produce domestic food peanuts and seed and use on a farm.". SALE, LEASE, AND TRANSFER OF ACREAGE ALLOTMENT

7 USC 1358a.

SEC. 803. Effective for the 1978 through 1981 crops of peanuts, section 358a of the Agricultural Adjustment Act of 1938, as amended, is amended by— (1) in subsection (a) — (i) striking out ". if he determines that it will not impair the effective operation of the peanut marketing quota or price support program,": and (ii) striking out "'may" each place that term appears and inserting ""shnU" in lieu thereof: and (2) adding at the end thereof a new subsection (i) as follows: " (i) Xotwithstanding any other provision of this section, transfers shall be on the basis of the farm base production poundage, and the acreage allotment for the receiving farm shall be increased by an amount determined by dividing the number of pounds transferred by the farm yield for the receiving farm, and the acreage allotment for the transferring farm shall be reduced by an amount determined by dividing the number of pounds transferred by the farm yield for th^ transferring farm.". MARKETING P E N A L T I E S; DISPOSITION OF ADDITIONAL

7 USC 1359.

Post, p. 947.

Penalty.

PEANUTS

SEC. 804. Effective for the 1978 through 1981 crops of peanuts, section 359 of the Agricultural Adjustment Act of 1938, as amended, is amended by— (1) striking out in the first sentence of subsection (a) "75 per centum of the support price for" and inserting in lieu thereof "120 per centum of the support price for quota"; (2) inserting after the first sentence of subsection (a) a new sentence as follows: "The marketing of any additional peanuts from a farm shall be subject to the same penalty unless the peanuts, in accordance with regulations established hj the Secretary, are placed under loan at the additional loan rate under the loan program made available under section 108(b) of the Agricultural Act of 1949 and not redeemed by the producers or are marketed under contracts between handlers and producers pursuant to the provisions of subsection (i) of this section."; (3) striking out "normal yield" in subsection (a) and inserting in lieu thereof "farm yield"; and (4) adding at the end thereof new subsections (f) through (j) as follows: " (f) Only quota peanuts may be retained for use as seed or for other uses on a farm and when so retained shall be considered as marketings of quota peanuts. Additional peanuts shall not be retained for use on a farm and shall not be marketed for domestic edible use. Seed for planting of any peanut acreage in the United States shall be obtained solely from quota peanuts marketed or considered marketed for domestic edible use. " (g) Upon a finding by the Secretary that the peanuts marketed from any crop for domestic edible use by a handler are larger in quantity or higher in grade or quality than the peanuts that could reasonably be produced from the quantity of peanuts having the grade,

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