12 2 STA T . 1 7 1 0PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 ‘ ‘ (i)thefor feit u re of s u ga ru nd er the l oan p rogra m for sugar esta b lished under se c tion 156 of the F ederal A griculture I mpro v ement and R eform Act of 1 9 96( 7U.S . C .7 2 72)
‘‘(ii) w ith respect to an y integrated processor and refiner , the movement of raw cane sugar into the refining process; and ‘‘(iii) the sale of sugar for the production of ethanol or other bioenergy product, if the disposition of the sugar is administered by the Secretary under section 9 0 10 of the Farm Security and Rural Investment Act of 2002. ‘‘(C) MARKETINGY EAR. — Forfeited sugar described in subparagraph ( B )(i) shall be considered to have been mar -k eted during the crop year for which a loan is made under the loan program described in that subparagraph. ’ ’. (b) F L E X I B LE MARKETING ALL O T M ENT SF ORS U GAR.—Section 3 59b of the Agricultural Ad j ustment Act of 193 8 (7 U.S.C. 1359bb) is amended to read as follows
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‘ SEC.359b . FL E XIB LE MARK E T I NG ALL O TMENTS FOR S U GAR. ‘‘(a) SUGAR E STIMATES.— ‘‘(1) IN GENERAL.— N ot later than August 1 before the begin- ning of each of the 2008 through 2012 crop years for sugarcane and sugar beets, the Secretary shall estimate— ‘‘(A) the q uantity of sugar that will be subject to human consumption 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 human consumption in the United States during the crop year; ‘‘( D ) the quantity of sugar that will be available from the domestic processing of sugarcane, sugar beets, and in-process beet sugar; and ‘‘(E) the quantity of sugars, syrups, and molasses that will be imported for human consumption or to be used for the e x traction of sugar for human consumption in the United States during the crop year, whether the articles are under a tariff-rate quota or are in excess or outside of a tariff-rate quota. ‘‘(2) EX C LUSION.— T he 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 not later than the beginning of each of the second through fourth quarters of the crop year. ‘‘(b) SUGAR ALLOTMENTS.— ‘‘(1) ESTABLIS H MENT.—By the beginning of each crop year, the Secretary shall establish for that crop year appropriate allotments under section 359c for the marketing by processors of sugar processed from sugar cane or sugar beets or in-process beet sugar (whether the sugar beets or in-process beet sugar was produced domestically or imported) at a level that is— Deadlin e s.
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