§1312. National marketing quota

(a) Proclamation of quota

The Secretary shall, not later than December 1 of any marketing year with respect to flue-cured tobacco, February 1 of any marketing year with respect to Burley tobacco, and March 1 of any marketing year with respect to other kinds of tobacco, proclaim a national marketing quota for any kind of tobacco for each of the next three succeeding marketing years whenever he determines with respect to such kind of tobacco-

(1) that a national marketing quota has not previously been proclaimed and the total supply as of the beginning of such marketing year exceeds the reserve supply level therefor;

(2) that such marketing year is the last year of three consecutive years for which marketing quotas previously proclaimed will be in effect;

(3) that amendments have been made in provisions for establishing farm acreage allotments which will cause material revision of such allotments before the end of the period for which quotas are in effect; or

(4) that a marketing quota previously proclaimed for such marketing year is not in effect because of disapproval by producers in a referendum held pursuant to subsection (c) of this section: Provided, That if such producers have disapproved national marketing quotas in referenda held in three successive years subsequent to 1952, thereafter a national marketing quota shall not be proclaimed hereunder which would be in effect for any marketing year within the three-year period for which national marketing quotas previously proclaimed were disapproved by producers in a referendum, unless prior to November 10 of the marketing year one-fourth or more of the farmers engaged in the production of the crop of tobacco harvested in the calendar year in which such marketing year begins petition the Secretary, in accordance with such regulations as he may prescribe, to proclaim a national marketing quota for each of the next three succeeding marketing years.

(b) Announcement of amount of quota

The Secretary shall also determine and announce, not later than the first day of December with respect to flue-cured tobacco, not later than the first day of February with respect to Burley tobacco, and not later than the first day of March with respect to other kinds of tobacco, the amount of the national marketing quota proclaimed pursuant to subsection (a) of this section which is in effect for the next marketing year in terms of the total quantity of tobacco which may be marketed which will make available during such marketing year a supply of tobacco equal to the reserve supply level. The amount of the national marketing quota so announced may, not later than the following March 1, be increased by not more than 20 per centum if the Secretary determines that such increase is necessary in order to meet market demands or to avoid undue restrictions of marketings in adjusting the total supply to the reserve supply level.

(c) Referendum on quotas

Within thirty days after the proclamation of national marketing quotas under subsection (a) of this section, the Secretary shall conduct a referendum of farmers engaged in the production of the crop of tobacco harvested immediately prior to the holding of the referendum to determine whether such farmers are in favor of or opposed to such quotas for the next three succeeding marketing years. If more than one-third of the farmers voting oppose the national marketing quotas, such results shall be proclaimed by the Secretary and the national marketing quotas so proclaimed shall not be in effect but such results shall in no wise affect or limit the subsequent proclamation and submission to a referendum, as otherwise provided in this section, of a national marketing quota.

(Feb. 16, 1938, ch. 30, title III, §312, 52 Stat. 46 ; Mar. 26, 1938, ch. 54, 52 Stat. 120 ; Aug. 7, 1939, ch. 562, 563, 53 Stat. 1261 ; June 13, 1940, ch. 360, §§2, 3, 54 Stat. 392 ; Nov. 22, 1940, ch. 914, §§2, 5, 54 Stat. 1209 , 1210; Feb. 28, 1942, ch. 123, 56 Stat. 121 ; July 3, 1948, ch. 827, title II, §208, 62 Stat. 1257 ; Aug. 9, 1955, ch. 639, 69 Stat. 557 ; June 22, 1956, ch. 427, 70 Stat. 330 ; Pub. L. 99–272, title I, §1104(a), Apr. 7, 1986, 100 Stat. 89 .)

Amendments

1986-Subsec. (a). Pub. L. 99–272, §1104(a)(1), substituted "February 1 of any marketing year with respect to Burley tobacco, and March 1 of any marketing year with respect to other kinds of tobacco" for "and February 1 of any marketing year with respect to other kinds of tobacco".

Subsec. (b). Pub. L. 99–272, §1104(a)(2), substituted "not later than the first day of February with respect to Burley tobacco, and not later than the first day of March with respect to other kinds of tobacco" for "and not later than the first day of February with respect to other kinds of tobacco".

1956-Subsec. (a). Act June 22, 1956, inserted "with respect to flue-cured tobacco, and February 1 of any marketing year with respect to other kinds of tobacco" after "December 1 of any marketing year".

Subsec. (b). Act June 22, 1956, substituted "not later than the first day of December with respect to flue-cured tobacco and not later than the first day of February with respect to other kinds of tobacco" for "prior to the first day of December".

1955-Subsec. (a). Act Aug. 9, 1955, restated and amended provisions generally to provide that quotas shall not be proclaimed oftener than once every 3 years for any kind of tobacco for which producers have disapproved marketing quotas in 3 successive years subsequent to 1952 (unless at least one-fourth of the producers of such tobacco petition the Secretary to proclaim quotas).

Subsec. (b). Act Aug. 9, 1955, amended and substituted former provisions of subsec. (a) as to announcement of quota for former provisions of this subsec. as to referendum on quotas.

Subsec. (c). Act Aug. 9, 1955, provided that referendum on quotas which formerly appeared in subsec. (b) should be determinative for the next three succeeding years, rather than each succeeding year, and eliminated provisions as to submission of question of whether tobacco quotas would be favored for a period of three years.

1948-Subsec. (a). Act July 3, 1948, inserted proviso at end of first sentence.

1942-Subsec. (a). Act Feb. 28, 1942, substituted "the following March 1" for "December 31" in last sentence.

1940-Subsec. (a). Act June 13, 1940, substituted "20" for "10" in last sentence and inserted last clause.

Subsecs. (b) to (f). Act Nov. 22, 1940, struck out subsecs. (b), (d), (e), and (f), struck out second sentence of subsec. (c) which related to referendum on burley, fire-cured, and dark air-cured tobacco, and redesignated subsec. (c) as (b).

Act June 13, 1940, amended subsec. (c) by inserting provisions relating to referendum on tobacco marketing quotas for three-year period.

1939-Subsec. (a). Act Aug. 7, 1939, amended first sentence and inserted last sentence.

1938-Subsec. (f). Act Mar. 26, 1938, added subsec. (f).

Effective Date of 1948 Amendment

Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 of this title.

Rulemaking Procedures

Secretary of Agriculture to implement amendments by Pub. L. 99–272 without regard to provisions requiring notice and other procedures for public participation in rulemaking contained in section 553 of Title 5, Government Organization and Employees, or in any other directive of the Secretary, see section 1108(c) of Pub. L. 99–272, set out as a note under section 1301 of this title.

Burley Tobacco Marketing Years 1971, 1972, and 1973

Pub. L. 92–10, §4, Apr. 14, 1971, 85 Stat. 27 , provided that any action taken by the Secretary pursuant to section 312 of the Agricultural Adjustment Act of 1938, as amended [this section], for burley tobacco for any of the three marketing years beginning October 1, 1971, prior to Apr. 14, 1971, was to be of no effect.

Deferment of Proclamation of Marketing Quotas for Burley Tobacco

Pub. L. 92–1, Mar. 1, 1971, 85 Stat. 3 , provided that, notwithstanding any other provision of law, the Secretary of Agriculture could defer any proclamation under section 312 of the Agricultural Adjustment Act of 1938, as amended [this section], with respect to national marketing quotas for burley tobacco for the three marketing years beginning October 1, 1971, until the date he determined was necessary to permit growers to be notified of their farm marketing quotas and the referendum to be held prior to normal planting time.

Extension of Time for Proclamation of Marketing Quotas for Three Marketing Years Beginning Oct. 1, 1971

Pub. L. 91–641, Dec. 31, 1970, 84 Stat. 1879 , authorized the Secretary of Agriculture to defer until March 1, 1971, any proclamation under this section with respect to national marketing quotas for burley tobacco for the three marketing years beginning October 1, 1971.

Fire-Cured, Dark Air-Cured, and Virginia Sun-Cured Tobacco; Amount of Price Support

Section 2 of Joint Res. July 28, 1945, ch. 330, 59 Stat. 506 , as amended by Pub. L. 85–92, §2, July 10, 1957, 71 Stat. 284 , which authorized the Commodity Credit Corporation to make loans or other price support available beginning with the 1945 crop, was repealed by Pub. L. 86–389, §2, Feb. 20, 1960, 74 Stat. 7 . See section 1445 of this title.

1956 Maryland Allotments

Joint Res. Mar. 2, 1956, ch. 80, 70 Stat. 35 , provided for increase and redetermination of 1956 Maryland tobacco acreage allotments.

1956 Fire-Cured and Dark Air-Cured Tobacco Allotments

Joint Res. Mar. 2, 1956, ch. 79, 70 Stat. 34 , provided for increase and redetermination of 1956 fire-cured and dark air-cured tobacco acreage allotments.

1956 Burley Allotments

Joint Res. Mar. 2, 1956, ch. 78, 70 Stat. 34 , provided for increase and redetermination of 1956 acreage allotments of burley tobacco.

1955–1956 Burley Tobacco Quota

Section 1 of act Mar. 31, 1955, ch. 21, 69 Stat. 23 , provided for redetermination of national marketing quota for burley tobacco for the 1955–1956 marketing year.

Quotas for Burley and Flue-Cured Tobacco for Marketing Years 1944–45 Through 1947–48

Joint Res. July 7, 1943, ch. 195, 57 Stat. 387 , as amended by Joint Res. Mar. 31, 1944, ch. 149, 58 Stat. 136 ; act Feb. 19, 1946, ch. 31, §1, 60 Stat. 21 , provided for quotas for burley and flue-cured tobacco for marketing years 1944–45 through 1947–48. The second par. of section 1 of said act Feb. 19, 1946, provided that amendment made by such section to Joint Res. July 7, 1943, should not apply to flue-cured tobacco for 1946–47 marketing year.

Proclamations Affirmed

Act Apr. 7, 1938, ch. 107, §19, 52 Stat. 205 , provided that proclamations issued by Secretary of Agriculture under sections 1312(a), 1327, 1328, and 1345 of this title should be effective as provided in those sections, and no provision of any amendment made by that act should be construed as requiring any further action under section 1312(c) or 1347 of this title with respect to marketing years beginning in 1938.

Cross References

Delegation of regulatory functions of Secretary of Agriculture, see section 450c et seq. of this title.

Referendum on orders regulating handling of commodities, see section 608c of this title.

Section Referred to in Other Sections

This section is referred to in sections 1301, 1313, 1314c, 1314e, 1314f of this title.