12 2 STA T .986PUBLIC LA W 11 0– 2 34—M A Y 22 , 2008 ‘ ‘ (i ii )AL L OCATI O NF O R AN EW ENTRANT T H AT HA S AC QU IRE D ANE X ISTIN G FACTOR Y WITH A P RODUCTION HISTORY .— ‘‘( I ) IN GENERAL.—I fanew en tr ant a cqu ire s ane x istin g fact o r y t h at has p rocesse d sugar b eets fro m the 19 9 8 or subsequent crop year and has a production history , on the mutua l agreement of the new entrant and the company currently holding the allocation associated with the factory, the S ecretary shall transfer to the new entrant a portion of the allocation of the current allocation holder to reflect the historical contribution of the production of the 1 or more sold factories to the total allocation of the current allocation holder, unless the new entrant and current allocation holder ha v e agreed upon the transfer of a different portion of the allocation of the current allocation holder, in which case, the Secretary shall transfer that portion agreed upon by the new entrant and the current allocation holder. ‘‘(II) P ROHI B ITION.—In the absence of a mutual agreement described in subclause (I), the new entrant shall be ineligible for a beet sugar alloca - tion. ‘‘(iv) APPEALS.—Any decision made under this sub- section may be appealed to the Secretary in accordance with section 35 9i. ’ ’. (e) R EASSIGN M ENT OF D EFICITS.—Section 359e(b) of the Agricul- tural Ad j ustment Act of 1938 ( 7U .S. C . 1359ee(b)) is amended in paragraphs (1)(D) and ( 2 )(C), by inserting ‘‘of raw cane sugar’’ after ‘‘imports’’ each place it appears. (f) PRO V ISIONS APPLICABLE TO PRODUCERS.—Section 359f(c) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)) is amended— (1) by stri k ing paragraph (8)
(2) by redesignating paragraphs (1) through (7) as para- graphs (2) through (8), respectively; (3) by inserting before paragraph (2) (as so redesignated) the following
‘‘(1) DEFINITION OF SEED.— ‘‘(A) IN GENERAL.—In this subsection, the term ‘seed’ means only those varieties of seed that are dedicated to the production of sugarcane from which is produced sugar for human consumption. ‘‘( B ) E XCLUSION.— T he term ‘seed’ does not include seed of a high-fiber cane variety dedicated to other uses, as determined by the Secretary’’; ( 4 ) in paragraph (3) (as so redesignated)— (A) in the first sentence— (i) by striking ‘‘paragraph (1)’’ and inserting ‘‘para- graph (2)’’; and (ii) by inserting ‘‘sugar produced from’’ after ‘‘quantity of’’; and (B) in the second sentence, by striking ‘‘paragraph (7)’’ and inserting ‘‘paragraph (8)’’;
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