104 STAT. 2856 PUBLIC LAW 101-577—NOV. 15, 1990 Public Law 101-577 101st Congress An Act Nov. 15, 1990 [H.R. 5871] Farm Poundage Quota Revisions Act of 1990. 7 USC 1281 note. Tobacco. Regulations. To amend the farm poundage quota provisions of section 319(g), (h) and (i) of the Agricultural Adjustment Act of 1938, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Farm Poundage Quota Revisions Act of 1990'. SEC. 2. QUOTA REVISIONS. (a) SALE OF QUOTA. —Section 319(g) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314(e)) is amended by inserting "(D" after the subsection designation, and adding at the end the following new paragraphs (2) and (3): "(2) Effective for the 1991 and subsequent crop years, the Secretary may, during any one year, and subject to such rules as the Secretary deems appropriate, permit the sale of a hurley tobacco quota from one farm to another farm in the same county if the buyer, who is an active hurley tobacco producer, is not buying an amount larger than 30 percent of the existing quota for the buyer's farm, or 20,000 pounds whichever is greater. For purposes of this subsection, the term 'active hurley tobacco producer' means any person who shared in the risk of producing a crop of hurley tobacco in not less than one of the three years preceding the year involved, or any person who certified to the Secretary, in such form and manner as the Secretary shall by regulation prescribe, their intent to become an active hurley tobacco producer. A person shall be considered to have shared in the risk of producing a crop of hurley tobacco if— "(A) the investment of such person in the production of such crop is not less than 20 percent of the proceeds of the sale of such crop; "(B) the investment of such person's return on such investment is dependent solely on the sale price of such crop; and "(C) such person may not receive any of such return before the sale of such crop. "(3) No sale of hurley tobacco quota from a farm shall be permitted, under paragraph (2), if any sale of quota to the same farm has been made within the three immediately preceding crop years. A sale of hurley tobacco quota shall not be effective for a crop year unless a record of the sale is filed with the county committee not later than July 1 of the crop year. The marketing quota determined for any farm subsequent to such sale shall not exceed an amount determined by multiplying the farm yield established under subsection (d) of this section by 50 percent of the acreage of cropland in the farm.". (b) Loss OF QUOTA FOR NONUSE.— Section 319(h) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(h)) is amended by striking "1976" and substituting "1994", and by striking "of the five" and substituting "two of the three". (c) LIMITATION ON DIVISION OF QUOTAS BY SALE OR LEASE. —
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