Page:United States Statutes at Large Volume 63 Part 1.djvu/1098

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PUBLIC LAWS-CH. 792-OCT. 31, 1949 Apportionment to counties. Ante, p. 1059. Adjustments. Proclamation by Secretary. Referendum. "Farm marketing excess." Maximum. farms on the basis of past production of rice on the farm such per- centage of the State acreage allotment shall be apportioned among the farms on which rice is to be planted during the calendar year for which the apportionment is made but on which rice was not planted during any of the past five years, on the basis of the applicable appor- tionment factors set forth herein. "(c) Notwithstanding any other provisions of this Act- "(1) if farm acreage allotments are established by using past production of rice on the farm and the acreage allotments previ- ously established for the farm in lieu of past production of rice by the producer and the acreage allotments previously established for owners or operators, the State acreage allotment shall be apportioned among counties in the State on the same basis as the national acreage allotment is apportioned among the States and the county acreage allotments shall be apportioned to farms on the basis of the applicable factors set forth in subsection (b) of this section: Provided, That the State committee may reserve not to exceed 5 per centum of the State allotment, which shall be used to make adjustments in county allotments for trends in acreage and for abnormal conditions affecting plantings; "(2) any acreage planted to rice in excess of the farm acreage allotment shall not be taken into account in establishing State, county, and farm acreage allotments. " MARK ET ING QUOTAS "SEC. 354. (a) Whenever in any calendar year the Secretary deter- mines that the total supply of rice for the marketing year beginning in such calendar year will exceed the normal supply for such marketing year by more than 10 per centum, the Secretary shall not later than December 31 of such calendar year proclaim such fact and marketing quotas shall be in effect for the crop of rice produced in the next calendar year. "(b) Within thirty days after the date of the issuance of the procla- mation specified in subsection (a) of this section, the Secretary shall conduct a referendum by secret ballot of farmers engaged in the production of the immediately preceding crop of rice to determine whether such farmers are in favor of or opposed to such quotas. If more than one-third of the farmers voting in the referendum oppose such quotas the Secretary shall, prior to the 15th day of February, proclaim the result of the referendum and such quotas shall become ineffective. "AMBOUNT OF FARM MARKETING QUOTA "SEC. 355. The farm marketing quota for any crop of rice shall be the actual production of rice on the farm less the normal production of the acreage planted to rice on the farm in excess of the farm acre- age allotment. The normal production from such excess acreage shall be known as the 'farm marketing excess': Provided, That the farm marketing excess shall not be larger than the amount by which the actual production of rice on the farm exceeds the normal production of the farm acreage allotment if the producer establishes such actual production to the satisfaction of the Secretary. " P ENALTIES AND STORAGE "SEC. 356. (a) Whenever farm marketing quotas are in effect with respect to any crop of rice, the producer shall be subject to a penalty on the farm marketing excess at a rate per pound equal to 60 per 1060 [63 STAT.