12 2 STA T . 1 7 11 PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (A)suf f ic i ent t oma intain r a w an d refined su g ar p rices a b o v e forfeiture l evels so t h at there will be no forfeitures of sugar to the C ommodit y Credit Corporation under the loan program for sugar established under section 156 of the F ederal Agriculture I mprovement and R eform Act of 1 9 96( 7U.S .C. 7 2 72)
but ‘‘( B ) not less than 8 5 percent of the estimated q uantity of sugar for domestic human consumption for the crop year. ‘‘(2) PRODUCTS . —T he Secretary may include sugar products , the ma j ority content of which is sucrose for human consump - tion, derived from sugar cane, sugar beets, molasses, or sugar in the allotments established under paragraph (1) if the Sec- retary determines it to be appropriate for purposes of this part. ‘‘(c) CO VE R AG EO F A L LOT M E N TS.— ‘‘(1) IN GENERAL.—The mar k eting allotments under this part shall apply to the marketing by processors of sugar intended for domestic human consumption that has been proc- essed from sugar cane, sugar beets, or in-process beet sugar, whether such sugar beets or in-process beet sugar was produced domestically or imported. ‘‘(2) EX CE P T I ONS.—Consistent with the administration of marketing allotments for each of the 2 0 02 through 2007 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 receive credits under reexport programs for refined sugar or sugar containing products administered by the Secretary; ‘‘(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 9010 of the Farm Security and Rural Investment Act of 2002. ‘‘( 3 )RE Q UIREMENT.—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) PRO 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 quantity 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) CIVIL 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 United States market value, at the time of the commission of the violation, of that quantity of sugar involved in the viola- tion. ’ ’. Deadlin e .R e ports . A ppli c a b ilit y .
�
