118 STAT. 1525 PUBLIC LAW 108–357—OCT. 22, 2004 (5) CONTRACT PAYMENT.—The term ‘‘contract payment’’ means a payment made under section 622 or 623 pursuant to a contract. (6) PRODUCER OF QUOTA TOBACCO.—The term ‘‘producer of quota tobacco’’ means an owner, operator, landlord, tenant, or sharecropper that shared in the risk of producing tobacco on a farm where tobacco was produced or considered planted pursuant to a tobacco farm poundage quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.). (7) QUOTA TOBACCO.—The term ‘quota tobacco’ means a kind of tobacco that is subject to a farm marketing quota or farm acreage allotment for the 2004 tobacco marketing year under a marketing quota or allotment program established under part I of subtitle B of title III of the Agricultural Adjust ment Act of 1938 (7 U.S.C. 1311 et seq.). (8) TOBACCO.—The term ‘‘tobacco’’ means each of the fol lowing kinds of tobacco: (A) Flue cured tobacco, comprising types 11, 12, 13, and 14. (B) Fire cured tobacco, comprising types 22 and 23. (C) Dark air cured tobacco, comprising types 35 and 36. (D) Virginia sun cured tobacco, comprising type 37. (E) Virginia fire cured tobacco, comprising type 21. (F) Burley tobacco, comprising type 31. (G) Cigar filler and cigar binder tobacco, comprising types 42, 43, 44, 53, 54, and 55. (9) TOBACCO QUOTA HOLDER.—The term ‘‘tobacco quota holder’’ means a person that was an owner of a farm, as of the date of enactment of this title, for which a basic tobacco farm marketing quota or farm acreage allotment for quota tobacco was established for the 2004 tobacco marketing year. (10) TOBACCO TRUST FUND.—The term ‘‘Tobacco Trust Fund’’ means the Tobacco Trust Fund established under section 626. (11) SECRETARY.—The term ‘‘Secretary’’ means the Sec retary of Agriculture. SEC. 622. CONTRACT PAYMENTS TO TOBACCO QUOTA HOLDERS. (a) CONTRACT OFFERED.—The Secretary shall offer to enter into a contract with each tobacco quota holder under which the tobacco quota holder shall be entitled to receive payments under this section in exchange for the termination of tobacco marketing quotas and related price support under the amendments made by sections 611 and 612. The contract payments shall constitute full and fair consideration for the termination of such tobacco mar keting quotas and related price support. (b) ELIGIBILITY.—To be eligible to enter into a contract to receive a contract payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person is a tobacco quota holder. The applica tion shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) BASE QUOTA LEVEL.— 7 USC 518a.
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