Page:United States Statutes at Large Volume 96 Part 1.djvu/246

 96 STAT. 204

Noncompliance, penalty.

Review.

7 USC 1363.

PUBLIC LAW 97-218—JULY 20, 1982 "(A) the investment of such person in the production of such crop is not less than 20 per centum of the proceeds of the sale of such crop; "(B) the amount of such person's return on such investment is dependent solely on the sale price of such crop; and "(C) such person may not receive any of such return before the sale of such crop. Any person who owns any Flue-cured tobacco allotment or quota and leases such allotment or quota to another person for use in producing a crop shall be considered to have shared in the risk of producing such crop if, under the terms of such lease, subparagraphs (B) and (C) of this paragraph are satisfied with regard to such owner. "(h)(1) Any person who— "(A) acquires any Flue-cured tobacco acreage allotment or quota by purchase under subsection (g) of this section; and "(B) with respect to any crop of Flue-cured tobacco planted after the date of such acquisition, fails to share in the risk of producing tobacco under such allotment or quota in the manner specified in subsection (g)(2) of this section; shall sell such allotment or quota before the expiration of the eighteen-month period beginning on July 1 of the year in which such crop is planted, or such allotment or quota shall be subject to forfeiture under the procedure specified in paragraph (3) of this subsection. "(2) Any person who— "(A) acquires any Flue-cured tobacco acreage allotment or quota by purchase under subsection (g) of this section; and "(B) disposes of an acreage of tillable cropland (as defined in subsection (e)(2) of this section) which results in the total acreage of Flue-cured tobacco allotted to such person's farm exceeding 50 per centum of the tillable cropland owned by such person; shall, before July 1 of the year after the year of such disposal, take steps which will result in the total acreage of Flue-cured tobacco allotted to such farm not exceeding 50 per centum of the tillable cropland owned by such person. If such person fails to take such steps, then any such excess allotment or quota shall be subject to forfeiture under the procedure specified in paragraph (3) of this subsection. "(3)(A) If, after notice and an opportunity for a hearing, the appropriate county committee determines that any person knowingly failed to comply with paragraph (1) or (2) of this subsection, then such person shall forfeit to the Secretary the allotment or quota specified in such paragraph. Any allotment or quota so forfeited siiall be reallocated by such county committee for use by active Fluecured tobacco producers (as defined in subsection (g)(1) of this section) in the county involved. "(B) Notice of such determination shall be mailed, as soon as practicable, to such person. If such person is dissatisfied with such determination, then such person may request, within fifteen days after notice of such determination is so mailed, a review of such determination by a local review committee under section 363 of this Act.".

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