7 U.S.C. § 1359bb — Flexible marketing allotments for sugar

(a)(1) By August 1 before each 2008–2031 sugarcane and sugar-beet crop year, the Secretary must estimate (A) sugar for human consumption in the United States; (B) sugar needed for reasonable carryover stocks; (C) carry-in stocks available for human consumption; (D) sugar available from domestic processing of sugarcane, sugar beets, and in-process beet sugar; and (E) imported sugars, syrups, and molasses for human consumption or for extracting sugar for that use, whether under, above, or outside a tariff-rate quota. (2) These estimates exclude sugar imported to make polyhydric alcohol and sugar refined and reexported, either alone or in sugar-containing products. (3) The Secretary must reestimate consumption, stocks, production, and imports as needed, but no later than the start of each second through fourth quarter. (b)(1) By the start of each crop year, the Secretary must establish allotments under section 1359cc for processors marketing sugar made from sugarcane, sugar beets, or in-process beet sugar, whether the beets or in-process sugar were domestic or imported. The level must be high enough to keep raw and refined sugar prices above forfeiture levels and prevent forfeitures to the Commodity Credit Corporation, but may not be below 85% of estimated domestic human consumption. (2) The Secretary may include products mostly made of sucrose for human consumption from cane, beets, molasses, or sugar if appropriate for this subpart. (c)(1) The allotments cover processors marketing sugar for domestic human consumption made from cane, beets, or in-process beet sugar, whether domestic or imported. (c)(2) They do not cover sugar sold (A) to help export it, except exports cannot receive reexport-program credits; (B) to let another processor meet its allocation; or (C) for uses other than domestic human consumption, except Secretary-administered sales for ethanol or other bioenergy. (c)(3) A sale under (c)(2)(B) must occur before May 1 and be reported to the Secretary. (d)(1) During any crop year with allotments, a beet or cane processor may not market more than its allocation for domestic human consumption, except to help another processor meet its allocation or to facilitate export. (2) A processor that knowingly violates this rule owes the Commodity Credit Corporation a civil penalty equal to three times the United States market value, when the violation occurred, of the sugar involved.