Page:United States Statutes at Large Volume 99 Part 2.djvu/322

 99 STAT. 1432

PUBLIC LAW 99-198—DEC. 23, 1985

for any 2 of the 3 marketing years preceding the marketing year for which the determination is being made was not produced, or considered produced, on the farm. Prohibition. "(B) For the purposes of this paragraph, the farm poundage quota for any such preceding marketing year shall not include— "(i) any increases for undermarketing of quota peanuts from 1} previous years; or "(ii) any increase resulting from the allocation of quotas voluntarily released for one year under paragraph (7). "(4) For purposes of this subsection, the farm poundage quota shall be considered produced on a farm if— "(A) the farm poundage quota was not produced on the farm b^-- because of drought, flood, or any other natural disaster, or any other condition beyond the control of the producer, as deter^ '• mined by the Secretary; or "(B) the farm poundage quota for the farm was released voluntarily under paragraph (7) for only 1 of the 3 marketing years immediately preceding the marketing year for which the determination is being made. "(5) Notwithstanding any other provision of law— "(A) the farm poundage quota established for a farm under ' this subsection, or any part of such quota, may be permanently released by the owner of the farm, or the operator with the permission of the owner; and "(B) the poundage quota for the farm for which such quota is released shall be adjusted downward to reflect the quota that is so released. "(6)(A) Except as provided in subparagraph (B), the total amount of the farm poundage quotas reduced or voluntarily released from »<:>; 6 • "_ farms in a State for any marketing year under paragraphs (3) and (5) shall be allocated, as the Secretary may by regulation prescribe, to other farms in the State on which peanuts were produced in at legist 2 of the 3 crop years immediately preceding the year for which such allocation is being made. "(B) Not less than 25 percent of such total amount of farm poundage quota in the State shall be allocated to farms for which no farm poundage quota was established for the immediately preceding year's crop. "(7)(A) The farm poundage quota, or any portion thereof, estabRegulations. lished for a farm for a marketing year may be voluntarily released to the Secretary to the extent that such quota, or any part thereof, will not be produced on the farm for the marketing year. Any farm poundage quota so released in a State shall be allocated to other farms in the State on such basis as the Secretary may by regulation prescribe. Prohibition. "(B) Any adjustment in the farm poundage quota for a farm under subparagraph (A) shall be effective only for the marketing year for which it is made and shall not be taken into consideration in establishing a farm poundage quota for the farm from which such quota was released for any subsequent marketing year. "(8)(A) Except as provided in subparagraph (B), the farm poundage, r - -5<« quota for a farm for any marketing year shall be increased by the ^ number of pounds by which the total marketings of quota peanuts from the farm during previous marketing years (excluding any marketing year before the marketing year for the 1984 crop) were less than the total amount of applicable farm poundage quotas

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