12 2 STA T . 1 7 1 4PUBLIC LA W 11 0– 24 6—J U NE 1 8, 2008 oracqui r es a nd reo p ensasu g ar b ee t processing f actor y t h at l ast processed sugar beets prior to the 19 9 8 crop year and there is no allocation currently associated w ith the factory , the S ecretary shall —‘ ‘ (I) assign an allocation for beet sugar to the new entrant that pro v ides a fair and equitable distribution of the allocations for beet sugar so as to enable the new entrant to achieve a factory utili z ation rate co m parable to the factory utiliza - tion rates of other similarly-situated processors
and ‘‘(II) reduce the allocations for beet sugar of all other processors on a pro rata basis to reflect the allocation to the new entrant . ‘‘(iii) AL L OCATI O NF O R AN EW ENTRANT T H AT HA S AC QU IRE D ANE X ISTIN G FACTOR Y WITH A P RODUCTION HISTORY.— ‘‘(I) IN GENERAL.—If a new entrant acquires ane x isting factory that has processed sugar beets from the 1998 or subsequent crop year and has a production history, on the mutual agreement of the new entrant and the company currently holding the allocation associated with the factory, the Secretary shall transfer to the new entrant a portion of the allocation of the current allocation holder to reflect the historical contribution of the production of the 1 or more sold factories to the total allocation of the current allocation holder, unless the new entrant and current allocation holder have agreed upon the transfer of a different portion of the allocation of the current allocation holder, in which case, the Secretary shall transfer that portion agreed upon by the new entrant and the current allocation holder. ‘‘(II) P ROHI B ITION.—In the absence of a mutual agreement described in subclause (I), the new entrant shall be ineligible for a beet sugar alloca- tion. ‘‘(iv) APPEALS.—Any decision made under this sub- section may be appealed to the Secretary in accordance with section 35 9i. ’ ’. (e) R EASSIGN M ENT OF D EFICITS.—Section 359e(b) of the Agricul- tural Ad j ustment Act of 1938 ( 7U .S. C . 1359ee(b)) is amended in paragraphs (1)(D) and ( 2 )(C), by inserting ‘‘of raw cane sugar’’ after ‘‘imports’’ each place it appears. (f) PRO V ISIONS APPLICABLE TO PRODUCERS.—Section 359f(c) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)) is amended— (1) by stri k ing paragraph (8); (2) by redesignating paragraphs (1) through (7) as para- graphs (2) through (8), respectively; (3) by inserting before paragraph (2) (as so redesignated) the following
‘‘(1) DEFINITION OF SEED.— ‘‘(A) IN GENERAL.—In this subsection, the term ‘seed’ means only those varieties of seed that are dedicated to
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