12 2 STA T . 1 7 12 PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 (c)ESTABLI S HMEN T OFF LE X IBLE M A RK ETIN GA LLOTMENTS .—Se c tion359 co f t h eA gr ic ul tur a lA dj u s t m ent Act of 1 93 8 ( 7U .S. C . 1359cc) is amended— (1) by stri k ing subsection (b) and inserting the follo w ing
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‘(b) OV ERALL ALLOTMENT QU ANTIT Y .— ‘‘(1) I N GENERAL.— T he Secretary shall establish the o v erall q uantity of sugar to be allotted for the cro p year (referred to in this part as the ‘overall allotment quantity ’ )atalevel that is— ‘‘(A) sufficient to maintain raw and refined sugar prices above forfeiture levels to avoid forfeiture of sugar to the Commodity Credit Corporation
but ‘‘( B ) not less than a quantity equal to 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year. ‘‘( 2 )A DJ USTMENT.—Subject to paragraph (1) , the Secretary shall adjust the overall allotment quantity to maintain— ‘‘(A) raw and refined sugar prices above forfeiture levels to avoid the forfeiture of sugar to the Commodity Credit Corporation; and ‘‘(B) adequate supplies of raw and refined sugar in the domestic market.’’; (2) in subsection (d)(2), by inserting ‘‘or in - process beet sugar’’ before the period at the end; (3) in subsection (g)(1)— (A) by striking ‘‘ (1) IN GENERAL.—The Secretary’’ and inserting the following: ‘‘(1) ADJUSTMENTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the Secretary’’; and (B) by adding at the end the following: ‘‘(B) L IMITATION.—In carrying out subparagraph (A), the Secretary may not reduce the overall allotment quantity to a quantity of less than 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.’’; and ( 4 ) by striking subsection (h). (d) ALLO C ATION OF MARKETING ALLOTMENTS.—Section 359d(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359dd(b)) is amended— (1) in paragraph (1)(F), by striking ‘‘E x cept as otherwise provided in section 359f(c)(8), if’’ and inserting ‘‘If’’; and (2) in paragraph (2), by striking subparagraphs ( G ),( H ), and (I) and inserting the following: ‘‘(G) SALE OF FACTORIES OF A P ROCESSOR TO ANOTHER PROCESSOR.— ‘‘(i) EFFECT OF SALE.—Subject to subparagraphs (E) and (F), if 1 or more factories of a processor of beet sugar (but not all of the assets of the processor) are sold to another processor of beet sugar during a crop year, the Secretary shall assign a pro rata portion of the allocation of the seller to the allocation of the buyer to reflect the historical contribution of the production of the sold 1 or more factories to the total allocation of the seller, unless the buyer and the seller have agreed upon the transfer of a different portion of the allocation of the seller, in which case,
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