12 2 STA T .983PUBLIC LA W 11 0– 23 4—M A Y 22 , 2008 ‘ ‘ (1)INGE NE RAL.—Themark e ting a l l o tment su n d er this p art shall appl y to the marketing b y pro c essors o f sugar intended for domestic human consumption that has been proc - essed from sugar cane , sugar beets, or in-process beet sugar, w hether such sugar beets or in-process beet sugar was produced domestically or imported. ‘‘( 2 ) EXC E PTIO N S .— C onsistent with the administration of marketing allotments for each of the 2 0 02 through 200 7 crop years, the marketing allotments shall not apply to sugar sold— ‘‘( A ) to facilitate the e x portation of the sugar to a foreign country, except that the exports of sugar shall not be eligible to recei v e credits under reexport programs for refined sugar or sugar containing products administered by the S ecretary
‘‘( B ) to enable another processor to fulfill an allocation established for that processor; or ‘‘(C) for uses other than domestic human consumption, except for the sale of sugar for the production of ethanol or other bioenergy if the disposition of the sugar is adminis- tered by the Secretary under section 9 010 of the F arm Security and R ural Investment Act of 2002. ‘‘( 3 )RE QU IRE M ENT.—The sale of sugar described in para- graph (2)(B) shall be— ‘‘(A) made prior to M ay 1; and ‘‘(B) reported to the Secretary. ‘‘(d) P RO H I B ITIONS.— ‘‘(1) IN GENERAL.— D uring all or part of any crop year for which marketing allotments have been established, no proc- essor of sugar beets or sugarcane shall market for domestic human consumption a q uantity of sugar in excess of the alloca- tion established for the processor, except— ‘‘(A) to enable another processor to fulfill an allocation established for that other processor; or ‘‘(B) to facilitate the exportation of the sugar. ‘‘(2) CI V IL PENALT Y .—Any processor who knowingly violates paragraph (1) shall be liable to the Commodity Credit Corpora- tion for a civil penalty in an amount equal to 3 times the U nited States market value, at the time of the commission of the violation, of that quantity of sugar involved in the viola- tion. ’ ’. (c) ESTABLISHMENT O F FLEXIBLE MAR K ETING ALLOTMENTS.— Section 3 5 9c of the Agricultural Ad j ustment Act of 193 8 (7 U.S.C. 1359cc) is amended— (1) by striking subsection (b) and inserting the following
‘‘(b) O VERALL ALLOTMENT Q UANTITY.— ‘‘(1) IN GENERAL.—The Secretary shall establish the overall quantity of sugar to be allotted for the crop year (referred to in this part as the ‘overall allotment quantity’) at a level that is— ‘‘(A) sufficient to maintain raw and refined sugar prices above forfeiture levels to avoid forfeiture of sugar to the Commodity Credit Corporation; but ‘‘(B) not less than a quantity equal to 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year. ‘‘(2) A DJ USTMENT.—Subject to paragraph (1), the Secretary shall adjust the overall allotment quantity to maintain— Deadlin e .R e ports . A ppli c a b ilit y .
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