7 U.S.C. § 1359cc — Establishment of flexible marketing allotments

(a) The Secretary^* must establish flexible sugar marketing allotments for a crop year when section 1359bb(b) requires them, following this section. (b)(1) The Secretary must set the total allotment, called the “overall allotment quantity,” high enough to keep raw and refined sugar prices^* above forfeiture levels and avoid forfeiture to the Commodity Credit Corporation, but not below 85% of estimated domestic human consumption. (2) Subject to that minimum, the Secretary must adjust the total to keep prices above forfeiture levels and maintain adequate domestic supplies of raw and refined sugar. (c) Divide the total into beet sugar equal to 54.35% and cane sugar equal to 45.65%. (d)(1) A cane allotment may be filled only with sugar processed from domestically grown cane. (2) A beet allotment may be filled only with sugar domestically processed from beets or in-process beet sugar. (e)(1) After a hearing if affected processors and growers request one, and with notice set by regulation, the Secretary must fairly and equitably divide the cane allotment among States where cane is produced, as this subsection and section 1359dd(b)(1)(D) provide. (e)(2)(A) Before allotting cane sugar to another State^*, allot 325,000 short tons, raw value, to offshore States. (B) Fairly and equitably divide that amount among offshore States after any requested hearing and required notice, based on (i) past marketings, using the two highest raw-cane production years from 1996–2000; (ii) processors’ ability to market^* the crop-year allotment; and (iii) past cane processing, using the 1998–2000 three-year average. (e)(3) Divide the remaining cane allotment among mainland States after any requested hearing and required notice, based on (A) the same past-marketings measure, (B) processors’ ability to market, and (C) past processing, using the three greatest-processing crop years in the mainland States collectively during 1991–2000. (f) Except as section 1359ee allows, a State cane allotment may be filled only with sugar processed from cane grown in that State. (g)(1)(A) Based on section 1359bb(a)(3) reestimates, the Secretary must fairly and equitably raise or lower allotments as appropriate to reflect changes in estimated consumption, stocks, production, or imports. (B) The Secretary may not reduce the overall quantity below 85% of estimated domestic human consumption. (g)(2)(A) When an allotment rises or falls, each processor allocation under section 1359dd and each proportionate share under section 1359ff(c) must rise or fall by the same percentage. (B) For an upward adjustment, the Secretary must give priority among beet processors to those with sugar available. (g)(3) If an allotment is reduced during a crop year and a processor has already marketed more than its reduced allocation, the next allotment established for it must be reduced by the excess amount.