123STA T .4 1 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9an a gricult ural c om mo d it y, t heS ecretary s hall treat each class asase p arate commodity in determining under su b section ( c )—‘ ‘( 1 ) group eligibility
‘‘( 2 ) the national a v erage price, q uantity o f production, or value of production, or cash receipts; and ‘‘( 3 ) the volume of imports .’ ’. (b) CONF O RMI N GA M E N D MEN TS .—Section 2 9 3ofthe T rade Act of 19 74 (19 U .S.C. 24 0 1b) is amended— (1) in subsection (a), by stri k ing ‘‘section 292 (c) or (d), as the case may be,’’ and inserting ‘‘section 292(c)’’; and (2) in subsection (c), by striking ‘‘decline in price for’’ and inserting ‘‘decrease in the national average price, quantity of production, or value of production of, or cash receipts for,’’. SEC.18 8 3 . B E N E FIT S. (a) I N G ENER AL .—Section 29 6 of the Trade Act of 1974 (19 U.S.C. 2401e) is amended to read as follo w s
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‘SEC. 296 . QUAL IF Y IN GR EQUIRE M ENTS AN D BENEFITS F O R AGRICUL - TURAL COMMODITY P RODUCERS. ‘‘(a) IN GENERAL.— ‘‘(1) R E QU IREMENTS.— ‘‘(A) IN GENERAL.— B enefits under this chapter shall be available to an agricultural commodity producer covered by a certification under this chapter who files an applica - tion for such benefits not later than 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 293, if the producer submits to the Secretary sufficient informa- tion to establish that— ‘‘(i) the producer produced the agricultural com- modity covered by the application filed under this sub- section in the marketing year with respect to which the petition is filed and in at least 1 of the 3 marketing years preceding that marketing year; ‘‘(ii)(I) the quantity of the agricultural commodity that was produced by the producer in the marketing year with respect to which the petition is filed has decreased compared to the most recent marketing year preceding that marketing year for which data are avail- able; or ‘‘(II)(aa) the price received for the agricultural com- modity by the producer during the marketing year with respect to which the petition is filed has decreased compared to the average price for the commodity received by the producer in the 3 marketing years preceding that marketing year; or ‘‘(bb) the county level price maintained by the Sec- retary for the agricultural commodity on the date on which the petition is filed has decreased compared to the average county level price for the commodity in the 3 marketing years preceding the date on which the petition is filed; and ‘‘(iii) the producer is not receiving— ‘‘(I) cash benefits under chapter 2 or 3; or ‘‘(II) benefits based on the production of an agricultural commodity covered by another petition filed under this chapter. Deadlin e .
