§1359bb. Flexible marketing allotments for sugar
(a) Sugar estimates
(1) In general
Not later than August 1 before the beginning of each of the 2002 through 2007 crop years, the Secretary shall estimate-
(A) the quantity of sugar that will be consumed in the United States during the crop year;
(B) the quantity of sugar that would provide for reasonable carryover stocks;
(C) the quantity of sugar that will be available from carry-in stocks for consumption in the United States during the crop year;
(D) the quantity of sugar that will be available from the domestic processing of sugarcane and sugar beets; and
(E) the quantity of sugars, syrups, and molasses that will be imported for human consumption or to be used for the extraction of sugar for human consumption in the United States during the crop year, whether such articles are under a tariff-rate quota or are in excess or outside of a tariff-rate quota.
(2) Exclusion
The estimates under this subsection shall not apply to sugar imported for the production of polyhydric alcohol or to any sugar refined and reexported in refined form or in products containing sugar.
(3) Reestimates
The Secretary shall make reestimates of sugar consumption, stocks, production, and imports for a crop year as necessary, but no later than the beginning of each of the second through fourth quarters of the crop year.
(b) Sugar allotments
(1) In general
By the beginning of each crop year, the Secretary shall establish for that crop year appropriate allotments under section 1359cc of this title for the marketing by processors of sugar processed from sugar beets and from domestically produced sugarcane at a level that the Secretary estimates will result in no forfeitures of sugar to the Commodity Credit Corporation under the loan program for sugar established under section 7272 of this title.
(2) Products
The Secretary may include sugar products, whose majority content is sucrose for human consumption, derived from sugarcane, sugar beets, molasses, or sugar in the allotments under paragraph (1) if the Secretary determines it to be appropriate for purposes of this subpart.
(c) Prohibitions
(1) In general
During any crop year or portion thereof for which marketing allotments have been established, no processor of sugar beets or sugarcane shall market a quantity of sugar in excess of the allocation established for such processor, except to enable another processor to fulfill an allocation established for such other processor or to facilitate the exportation of such sugar.
(2) Civil penalty
Any processor who knowingly violates paragraph (1) shall be liable to the Commodity Credit Corporation for a civil penalty in an amount equal to 3 times the United States market value, at the time of the commission of the violation, of that quantity of sugar involved in the violation.
(3) Definition of market
For purposes of this subpart, the term "market" shall mean to sell or otherwise dispose of in commerce in the United States (including the forfeiture of sugar under the loan program for sugar under section 7272 of this title and, with respect to any integrated processor and refiner, the movement of raw cane sugar into the refining process).
(Feb. 16, 1938, ch. 30, title III, §359b, as added
Prior Provisions
A prior section 1359bb, act Feb. 16, 1938, ch. 30, title III, §359b, as added