52 SrAT.] 75iH CONG., 3D SESS.-CII. 30 -FEB. 16, 1938 (d) In connection with the determination and proclamation of any marketing quota for the 1938-1939 marketing year, the deter- mination by the Secretary pursuant to subsection (ai of this section shall be made and proclaimed within fifteen days following the date of the enactment of this Act, and the proclamation of the Secretary pursuant to subsection (c) of this section shall be made within forty- five days following the date of the enactment of this Act. (e) Marketing quotas shall not be in effect with respect to cigar- filler tobacco comprising type 41 during the marketing year begin- ning in 1938 or the marketing year beginning in 1939. APPORTIONMENT OF NATIONAL IMARKETING QUOTA SEC. 313. (a) The national marketing quota for tobacco established pursuant to the provisions of section 312, less the amount to be allotted under subsection (c) of this section, shall be apportioned by the Secretary among the several States on the basis of the total pro- duction of tobacco in each State during the five calendar years immediately preceding the calendar year in which the quota is proclaimed (plus, in applicable years, the normal production on the net acreage diverted under previous agricultural adjustment and conservation programs), with such adjustments as are determined to be necessary to make correction for abnormal conditions of pro- duction, for small farms, and for trends in production, giving due consideration to seed bed and other plant diseases during such five- year period: Provided, however, That to prevent in any case too sharp and sudden reduction in acreage of tobacco production in any State, the marketing quota for flue-cured tobacco for any State for any marketing year shall not be reduced to a point less than 75 per centum of the production of flue-cured tobacco in such State for the year 1937. (b) The Secretary shall provide, through the local committees, for the allotment of the marketing quota for any State among the farms on which tobacco is produced, on the basis of the following: Past marketing of tobacco, making due allowance for drought, flood, hail, other abnormal weather conditions, plant bed, and other diseases; land, labor, and equipment available for the production of tobacco; crop-rotation practices; and the soil and other physical factors affect- ing the production of tobacco: Provided, That, except for farms on which for the first time in five years tobacco is produced to be mar- keted in the marketing year for which the quota is effective, the marketing quota for any farm shall not be less than the smaller of either (1) three thousand two hundred pounds, in the case of flue- cured tobacco, and two thousand four hundred pounds, in the case of other kinds of tobacco, or (2) the average tobacco production for the farm during the preceding three years, plus the average normal production of any tobacco acreage diverted under agricultural adjust- ment and conservation programs during such preceding three years. (c) The Secretary shall provide, through local committees, for the allotment of not in excess of 5 per centum of the national mar- keting quota (1) to farms in any State whether it has a State quota or not on which for the first time in five years tobacco is produced to be marketed in the year for which the quota is effective and (2) for further increase of allotments to small farms pursuant to the proviso in subsection (b) of this section on the basis of the following: Land, labor, and equipment available for the production of tobacco; crop-rotation practices; and the soil and other physical factors affect- ing the production of tobacco: Provided,That farm marketing quotas established pursuant to this subsection for farms on which tobacco is produced for the first time in five years shall not exceed 75 per 47 Quota for 1938-1939 marketing year, deter- mination and proc- lamation. Referendum. Cigar-filler tobacco, type 41. Post, p. 120 . Apportionment of national marketing quota. Basis. Post, p. 202. Proviso. Flue-cured tobacco, basis for fixing quota. Allotments through local committees. Basis. Proriso. Quota, except for farms on which to- bacco produced for first time in 6 years. Allotment among farms producing to- bacco for first time in 5 years. Increased allotments to small farms. Proviso. Limitation.
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