Page:United States Statutes at Large Volume 95.djvu/1277

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1251

SALE, LEASE, OR TRANSFER OF FARM POUNDAGE QUOTA

SEC. 703. Effective only for the 1982 through 1985 crops of peanuts, section 358a of the Agricultural Adjustment Act of 1938 is amended 7 USC i358a. by adding at the end thereof new subsections as follows: "(i) The owner, or the operator with permission of the owner, of any farm for which a farm poundage quota has been established under this Act may, subject to such terms, conditions or limitations as the Secretary may prescribe, sell or lease all or any part of such poundage quota to any other owner or operator of a farm within the same county for transfer to such farm. The owner or operator of a farm may transfer all or any part of such farm's farm poundage quota to any other farm owned or controlled by such owner or operator that is in the same county or in a county contiguous to such county in the same State and that had a farm poundage quota for the 1981 crop. Notwithstanding the foregoing provisions of this subsection, in the case of any State for which the poundage quote allocated to the State was less than 10,000 tons for the 1981 crop, all or any part of a farm poundage quota may be transferred by sale or lease or otherwise from a farm in one county to a farm in another county in the same State, "(j) Transfers (including transfer by sale or lease) of farm poundage quotas under this section shall be subject to the following conditions: (1) no transfer of the farm poundage quota from a farm subiect to a mortgage or other lien shall be permitted unless the transfer is agreed to by the lienholders; (2) no transfer of the farm poundage quote shall be permitted if the county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act determines that the 16 USC 590h. receiving farm does not have adequate tillable cropland to produce the farm poundage quote; (3) no transfer of the farm poundage quote shall be effective until a record thereof is filed with the county committee of the county to which such transfer is made and such committee determines that the transfer complies with the provisions of this section; and (4) such other terms and conditions that the Secretary may by regulation prescribe.". MARKETING PENALTIES; DISPOSITION OF ADDITIONAL PEANUTS

SEC. 704. Effective only for the 1982 through 1985 crops of peanuts, section 359 of the Agricultural Adjustment Act of 1938 is amended by 7 USC 1359. adding at the end thereof new subsections as follows: "(f)(1) The marketing of any peanuts for domestic edible use in excess of the farm poundage quote for the farm on which such peanuts are produced shall be subject to penalty at a rate equal to 140 per centum of the support price for quote peanuts for the marketing year (August 1 through July 31) in which such marketing occurs. The marketing of any additional peanute from a farm shall be subject to the same penalty unless such peanuts, in accordance with r^ulations established by the Secretary, are either (A) placed under loan at the additional loan rate in effect for such peanute under section 108A of the Agricultural Act of 1949 and not redeemed by the producers, (B) marketed through Post, p. 1254. an area marketing association designated pursuant to section 108A(3)(A) of the Agricultural Act of 1949, or (C) marketed under contracte between handlers and producers, pursuant to the provisions of subsection (j) of this section. Such penalty shall be paid by the person who buys or otherwise acquires the peanute

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