Page:United States Statutes at Large Volume 97.djvu/1164

 97 STAT. 1132 PUBLIC LAW 98-180—NOV. 29, 1983 Diversion payments. Marketing history. "Member of the family of the producer." Provided, That after making any adjustments in milk marketed for commercial usc in any period of the contract, except to the extent required by the foregoing provisions of this sentence, the aggregate reduction in milk marketed for commercial usc for the entire diversion period must continue to be at least equal to the total reduction required by the contract. In the event of a modification, under clause (i) of this subparagraph, the Secre- tary may reduce the required reduction among all contracts on such basis as the Secretary determines will serve to reduce future dairy surpluses. In no event shall any reduction under this paragraph be apportioned on the basis of geographic region or area. "(F) Any producer of milk in the United States seeking to enter into a contract for diversion payments under this para- graph shall provide the Secretary with evidence of such produc- er's marketing history. The marketing history shall be the marketings of milk by such producer for commercial usc during calendar year 1982 (with production during the January through March quarter to be counted by the Secretary as corresponding to both the first and the last quarters of the fifteen-month diversion contract) or, at the option of the pro- ducer, the average marketings of milk by the producer during calendar years 1981 and 1982 (with production during the Janu- ary through March quarter of each such year to be counted by the Secretary as corresponding to both the first and last quar- ters of the fifteen-month diversion contract). The producer's marketing history may be adjusted as the Secretary determines necessary to correct for abnormally low production resulting from a natural disaster or other condition beyond the control of the producer or such other factors as the Secretary determines necessary to provide a fair and equitable marketing history. "(G) No marketing history shall be assigned to any producer who commenced marketing of milk after December 31, 1982, except as provided in subparagraph (H). "(H) A producer's marketing history established under this paragraph shall not be transferable to any other person, unless the entire milk production facility used by the producer to produce milk for commercial usc during the marketing history period and the producer's entire dairy herd were transferred by reason of the death of the producer, by reason of a gift from the producer, or to a member or members of the family of the producer. The term 'member of the family of the producer' means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the produc- er's spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant. "(I) Eligibility for diversion payments shall be determined on the basis of the marketing history provided for in subparagraph (F). " (J)(i) Producers eligible for diversion payments shall apply for such payments at the end of each quarter. Payment may be made to any producer who can establish that marketings of milk by such producer for commercial usc have been reduced from the level of marketings during the corresponding period of the marketing history period in an amount as specified by the Secretary for each quarter in the contract: Provided, That the aggregate quantity of such reductions for the entire diversion

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