to establish allotments which the committees find will be fair and equitable in relation to the past acreage of tobacco (harvested and diverted); land, labor, and equipment available for the production of tobacco; and crop-rotation practices: And provided further, That the burley tobacco acreage allotment which would otherwise be established for any farm having a burley acreage allotment in 1942 shall not be less than one-half acre, and the acreage required for apportionment under this proviso shall be in addition to the National and State acreage allotments.

(b) Allotment of quota among producing farms.

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 affecting the production of tobacco: Provided, That, except for farms on which for the first time in five years tobacco is produced to be marketed 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 adjustment and conservation programs during such preceding three years.

(c) Allotment to previous nonproducing farms and small farms.

The Secretary shall provide, through local committees, for the allotment of not in excess of 5 per centum of the national marketing 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 affecting 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 centum of the farm marketing quotas established pursuant to subsection (b) of this section for farms which are similar with respect to the following: Land, labor, and equipment available for the production of tobacco, crop-rotation practices, and the soil and other physical factors affecting the production of tobacco. (d) Transfer of farm marketing quotas.

Farm marketing quotas may be transferred only in such manner and subject to such conditions as the Secretary may prescribe by regulations.

(e) Quota for 1938; minimum State allotments. In case of flue-cured tobacco, the national quota for 1938 is increased by a number of pounds required to provide for each State in addition to the State poundage allotment a poundage not in excess of 4 per centum of the allotment which shall be apportioned in amounts which the Secretary determines to be fair and reasonable to farms in the State receiving allotments under this chapter which the Secretary determines are inadequate in view of past production of tobacco, and for each year by a number of pounds sufficient to assure that any State receiving a State poundage allotment of flue-cured tobacco shall receive a minimum State poundage allotment of flue-cured tobacco equal to the average national yield for the preceding five years of five hundred acres of such tobacco.

(f) Increase of 1938 quota.

In the case of fire-cured and dark air-cured and burley tobacco, the national quota for 1938 is increased by a number of pounds required to provide for each State in addition to the State poundage allotment a poundage not in excess of 2 per centum of the allotment which shall be apportioned in amounts which the Secretary determines to be fair and reasonable to farms in the State receiving allotments under this section which the Secretary determines are inadequate in view of past production of tobacco.

(g) Conversion of national marketing quota into national acreage allotment.

Notwithstanding any other provision of this section, the Secretary may convert the national marketing quota into a national acreage allotment by dividing the national marketing quota by the national average yield for the five years immediately preceding the year in which the national marketing quota is proclaimed, and may apportion the national acreage allotment, less a reserve of not to exceed 1 per centum thereof for new farms, for making corrections in old farm acreage allotments, and for adjusting inequities in old farm acreage allotments, through the local committees among farms on the basis of the factors set forth in subsection (b) of this section, using past farm acreage and past farm acreage allotments for tobacco in lieu of past marketing of tobacco; and the Secretary on the basis of the factors set forth in subsection (c) of this section and the past tobacco experience of the farm operator, shall through the local committees allot that portion of the national acreage allotment reserved for new farms among farms on which no tobacco was produced or considered produced during the last five years. Any acreage of tobacco harvested in excess of the farm acreage allotment for the year 1955, or any subsequent crop shall not be taken into account in establishing State and farm acreage allotments. Except for farms last mentioned or a farm operated, controlled, or directed by a person who also operates, controls, or directs another farm on which tobacco is produced, the farm-acreage allotment shall be increased by the smaller of (1) 20 per centum of such allotment or (2) the percentage by which the normal yield of such allotment (as determined

through the local committees in accordance with regulations prescribed by the Secretary) is less than 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: Provided, That the normal yield of the estimated number of acres so added to farm acreage allotments in any State shall be considered as a part of the State marketing quota in applying the proviso in subsection (a) of this section. The actual production of the acreage allotment established for a farm pursuant to this subsection shall be the amount of the farm marketing quota. If any amount of tobacco shall be marketed as having been produced on the acreage allotment for any farm which in fact was produced on a different farm, the acreage allotments next established for both such farms shall be reduced by that percentage which such amount was of the respective farm marketing quota, except that such reduction for any such farm shall not be made if the Secretary through the local committees finds that no person connected with such farm caused, aided, or acquiesced in such marketing; and if proof of the disposition of any amount of tobacco is not furnished as required by the Secretary or if any producer on the farm files, or aids or acquiesces in the filing of, any false report with respect to the acreage of tobacco grown on the farm required by regulations issued pursuant to this chapter, the acreage allotment next established for the farm on which such tobacco is produced shall be reduced by a percentage similarly computed. If in any calendar year more than one crop of tobacco is grown from (1) the same tobacco plants or (2) different tobacco plants, and is harvested for marketing from the same acreage of a farm, the acreage allotment next established for such farm shall be reduced by an amount equivalent to the acreage from which more than one crop of tobacco has been so grown and harvested.

(h) Repealed. Feb. 16, 1938, ch. 30, title III, § 378 (d), as added Pub. L. 85-835, title V, § 501, Aug. 28, 1958, 72 Stat. 996.

(i) Increase of marketing quotas and acreage allotments to meet demand. Notwithstanding any other provision of this chapter, whenever after investigation the Secretary determines with respect to any kind of tobacco that a substantial difference exists in the usage or market outlets for any one or more of the types comprising such kind of tobacco and that the quantity of tobacco of such type or types to be produced under the marketing quotas and acreage allotments established pursuant to this section would not be sufficient to provide an adequate supply for estimated market demands and carry-over requirements for such type or types of tobacco, the Secretary shall increase the marketing quotas and acreage allotments for farms producing such type or types of tobacco in the preceding year to the extent necessary to make available a supply of such type or types of tobacco adequate to meet such demands and carry-over requirements. The increases in farm marketing quotas and acreage allotments shall be made on the basis of the production of such type or

types of tobacco during the period of years considered in establishing farm marketing quotas and acreage allotments for such kind of tobacco. The additional production authorized by this subsection shall be in addition to the national marketing quota established for such kind of tobacco pursuant to section 1312 of this title. The increase in acreage under this subsection shall not be considered in establishing future State or farm acreage allotments.

(j) Tobacco acreage allotments for 1956, 1957, and 1958. In establishing farm acreage allotments for burley tobacco crops for the years 1956, 1957, and 1958 the acreage allotment for any farm which has not been retired from agricultural production shall not be reduced below the acreage allotment which would otherwise be established because the harvested acreage was less than the allotted acreage unless the acreage harvested was less than 50 per centum of the allotted acreage in each of the preceding five years, in which event it shall not be reduced for such reason to less than the largest acreage harvested in any year in such five-year period.

(j)' Old farm tobacco acreage allotment.

The production of tobacco on a farm in 1955 or any subsequent year for which no farm acreage allotment was established shall not make the farm eligible for an allotment as an old farm under subsections (b) and (g) of this section or section 1317 of this title: Provided, however, That by reason of such production the farm need not be considered as ineligible for a new farm allotment under subsections (c) and (g) of this section or section 1317 of this title, but such production shall not be deemed past tobacco experience for any producer on the farm. (Feb. 16, 1938, ch. 30, title III, § 313, 52 Stat. 47; Apr. 7, 1938, ch. 107, § 5, 52 Stat. 202; May 31, 1938, ch. 292, § 2, 52 Stat. 586; Aug. 7, 1939, ch. 564, 53 Stat. 1261; June 13, 1940, ch. 360, § 4, 54 Stat. 392; Feb. 6, 1942, ch. 44, § 1, 56 Stat. 51; Apr. 29, 1943, ch. 80, 57 Stat. 69; Oct. 17, 1951, ch. 511, 65 Stat. 422; Mar. 31, 1955, ch. 21, §§ 3, 4, 69 Stat. 24; Aug. 11, 1955, ch. 789, 69 Stat. 670; Aug. 11, 1955, ch. 799, 69 Stat. 684; July 2, 1958, Pub. L. 85-489, § 1, 72 Stat. 291; Feb. 16, 1938, ch. 30, title III, § 378 (d), as added Aug. 28, 1958, Pub. L. 85-835, title V, § 501, 72 Stat. 996; Apr. 16, 1965, Pub. L. 89-12, § 2, 79 Stat. 72; Oct. 12, 1967, Pub. L. 90-106, 81 Stat. 275.)

AMENDMENTS

1967 Subsec. (g). Pub. L. 90-106 changed the manner in which tobacco acreage allotments are computed by providing for conversion of the national marketing quota for tobacco into a national acreage allotment to be apportioned among farms instead of apportioning the national quota among the states, based on past state production, and then converting into state acreage allotments for apportionment among farms.

1965 Subsec. (j). Pub. L. 89-12 inserted in old farm tobacco acreage allotment provisions reference to section 1317 of this title in two instances.

1958 Subsec. (g). Pub. L. 85-489 required reduction of acreage allotment if in any calendar year more than one crop of tobacco is grown from the same tobacco plants or different tobacco plants, and is harvested for marketing from the same acreage of a farm.

1 So in original. Probably should be subsec. (k).

Subsec. (h). Act Feb. 16, 1938, § 378 (d), as added by Pub. L. 85-835, repealed subsec. (h), which related to adjustment of allotment upon acquisition of part of farms by United States for defense.

1955 Subsec. (g). Act Mar. 31, 1955, §§ 3, 4, provided that excess tobacco acreage for the years 1955 and thereafter should not be taken into consideration as part of the farm history in establishing future acreage allotments, and that if a producer makes a false report of the acreage of tobacco grown on his farm, the amount of the misstatement should be deducted from his next year's allotment.

Subsec. (1). Act Aug. 11, 1955, ch. 789, added subsec. (j), relating to tobacco acreage allotments for 1956, 1957, and 1958.

Act Aug. 11, 1955, ch. 799, added subsec. (J), relating to old farm tobacco acreage allotment.

1951-Subsec. (1). Act Oct. 17, 1951, added subsec. (i). 1943-Subsec. (a). Act Apr. 29, 1943, added proviso beginning "That the Burley tobacco acreage".

1942-Subsec. (h). Act Feb. 6, 1942, added subsec. (h). 1940 Subsec. (a). Act June 13, 1940, added all following first sentence.

1939-Subsec. (g). Act. Aug. 7, 1939, added subsec. (g). 1938 Subsec. (a). Act Apr. 7, 1938, struck out "net". Subsec. (e), added by act Apr. 7, 1938, and amended by act May 31, 1938, which struck out "2 per centum" and inserted in lieu thereof "4 per centum".

Subsec. (f). Act May 31, 1938, added subsec. (f).

EFFECTIVE DATE OF 1958 AMENDMENT

Section 2 of Pub. L. 85-489 provided that: "The amendment made by this Act [to subsec. (g) of this section] shall become effective beginning with the 1958 crop of tobacco."

SAVINGS CLAUSE

Transfer or reassignment of allotment as remaining in effect and ineligibility of displaced farm owner for additional allotment notwithstanding repeal of subsec. (h), see note under section 1378 of this title. INCREASE OF MARKETING QUOTAS AND ACREAGE ALLOTMENTS TO MEET DEMAND UNAFFECTED BY ACREAGE-POUNDAGE MARKETING QUOTAS AND PRICE SUPPORT PROVISIONS Authority or responsibility of Secretary of Agriculture under subsec. (1) of this section with respect to increasing allotments or quotas for farms producing certain types of tobacco unaffected by acreage-poundage quotas and price support provisions, see note set out under section 1314c of this title.

FIRE-CURED, DARK AIR-CURED AND VIRGINIA SUN-CURED TOBACCO

Amount of price support for fire-cured, dark air-cured, and Virginia sun-cured tobacco, see note set out under section 1312 of this title.

APPORTIONMENT OF BURLEY ACREAGE ALLOTMENT Joint Res. Mar. 31, 1944, ch. 149, 58 Stat. 136, provided that notwithstanding the provisions of this section the burley tobacco acreage allotment which would otherwise be established for any farm having a burley acreage allotment in 1943 should be less than one acre, or 25 per centum of the cropland, whichever is the smaller, and the acreage required for apportionment under the resolution should be in addition to the National and State acreage allotments.

CROSS REFERENCES

Agreements for adjustment of acreage or production of basic agricultural commodities, see section 608 et seq. of this title.

Delegation of regulatory functions of Secretary of Agriculture, see section 450c et seq. of this title. Sugar quotas, see section 1111 et seq. of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1314c of this title.

§ 1314. Penalties.

(a) Persons liable.

The marketing of any kind of tobacco in excess of the marketing quota for the farm on which the

tobacco is produced shall be subject to a penalty of 75 per centum of the average market price (calculated to the nearest whole cent) for such kind of tobacco for the immediately preceding marketing year. Such penalty shall be paid by the person who acquired such tobacco from the producer but an amount equivalent to the penalty may be deducted by the buyer from the price paid to the producer in case such tobacco is marketed by sale; or, if the tobacco is marketed by the producer through a warehouseman or other agent, such penalty shall be paid by such warehouseman or agent who may deduct an amount equivalent to the penalty from the price paid to the producer: Provided, That in case any tobacco is marketed directly to any person outside the United States the penalty shall be paid and remitted by the producer. If any producer falsely identifies or fails to account for the disposition of any tobacco, an amount of tobacco equal to the normal yield of the number of acres harvested in excess of the farm-acreage allotment shall be deemed to have been marketed in excess of the marketing quota for the farm, and the penalty in respect thereof shall be paid and remitted by the producer. Tobacco carried over by the producer thereof from one marketing year to another may be marketed without payment of the penalty imposed by this section if the total amount of tobacco available for marketing from the farm in the marketing year from which the tobacco is carried over did not exceed the farm marketing quota established for the farm for such marketing year (or which would have been established if marketing quotas had been in effect for such marketing year), or if the tobacco so carried over does not exceed the normal production of that number of acres by which the harvested acreage of tobacco in the calendar year in which the marketing year begins is less than the farm-acreage allotment. Tobacco produced in a calendar year in which marketing quotas are in effect for the marketing year beginning therein shall be subject to such quotas even though it is marketed prior to the date on which such marketing year begins.

(b) Collection and deposit.

All

The Secretary shall require collection of the penalty upon a proportion of each lot of tobacco marketed from the farm equal to the proportion which the tobacco available for marketing from the farm in excess of the farm marketing quota is of the total amount of tobacco available for marketing from the farm if satisfactory proof is not furnished as to the disposition to be made of such excess tobacco prior to the marketing of any tobacco from the farm. funds collected pursuant to this section shall be deposited in a special deposit account with the Treasurer of the United States until the end of the marketing year next succeeding that in which the funds are collected, and upon certification by the Secretary there shall be paid out of such special deposit account to persons designated by the Secretary the amount by which the penalty collected exceeds the amount of penalty due upon tobacco marketed in excess of the farm marketing quota for any farm. Such special account shall be administered by the Secretary, and the basis for, the

amount of, and the person entitled to receive a payment from such account, when determined in accordance with regulations prescribed by the Secretary, shall be final and conclusive. (Feb. 16, 1938. ch. 30, title III, § 314, 52 Stat. 48; Aug. 7, 1939, ch. 565, 53 Stat. 1262; June 13, 1940, ch. 360, § 5, 54 Stat. 393; Feb. 19, 1946, ch. 31, § 2, 60 Stat. 21; June 22, 1954, ch. 339, 68 Stat. 270; Mar. 31, 1955, ch. 21, § 5, 69 Stat. 24.)

AMENDMENTS

1955 Subsec. (a). Act Mar. 31, 1955, in first sentence, substituted "75 per centum" for "50 per centum".

1954 Subsec. (a). Act June 22, 1954, in first sentence, substituted "50 per centum" for "40 per centum".

1946 Subsec. (a). Act Feb. 19, 1946, deleted "10 cents per pound in the case of flue-cured, Maryland, or Burley tobacco and 5 cents per pound in the case of all other kinds of tobacco." and inserted in lieu thereof "40 per centum * * marketing year" in the first sentence.

1940-Act June 13, 1940, divided section into lettered subsections, added last three sentences to subsection (a) and added subsection (b).

1939 Subsec. (a). Act Aug. 7, 1939, struck out first sentence and inserted in lieu thereof new sentence "The marketing * all other kinds of tobacco".

*

EFFECTIVE DATE OF 1955 AMENDMENT

Act Mar. 31, 1955, which amended subsec. (a) of this section, provided in part that such amendment shall be "effective July 1, 1955, with respect to flue-cured tobacco, and Oct. 1, 1955, with respect to other kinds of tobacco."

EFFECTIVE DATE OF 1954 AMENDMENT

Act June 22, 1954, which amended subsec. (a) of this section, provided in part that such amendment shall "become effective October 1, 1954, except that in the case of flue-cured tobacco such amendment shall become effective July 1, 1955."

EFFECTIVE DATE OF 1946 AMENDMENT

The second par. of section 2 of act Feb. 19, 1946, provided: "The amendment made by this section shall become effective July 1, 1946, except that in the case of fluecured tobacco such amendment shall become effective May 1, 1947."

REVISION OF THIRD SENTENCE AND APPLICATION OF FOURTH SENTENCE OF SUBSEC. (a) DURING ACREAGE POUNDAGE QUOTA PERIODS

Section 317(g) (2), (3) of act Feb. 16, 1938, as added by Pub. L. 89-12, § 1, Apr. 16, 1965, 79 Stat. 71, and classified to section 1314c (g) (2), (3) of this title, provided that:

"(2) When marketing quotas established under this section [section 1314c of this title] are in effect the provisions with respect to penalties contained in the third sentence of subsection 314(a) [subsec. (a) of this section] shall be revised to read: 'If any producer falsely identifies or fails to account for the disposition of any tobacco, the Secretary, in lieu of assessing and collecting penalties based on actual marketings of excess tobacco, may elect to assess a penalty computed by multiplying the full penalty rate by an amount of tobacco equal to 25 per centum of the farm marketing quota plus the farm yield of the number of acres harvested in excess of the farm acreage allotment and the penalty in respect thereof shall be paid and remitted by the producer.'

"(3) For the first year a marketing quota program established under the provisions of this section [section 1314c of this title] is in effect, the words 'normal production' where they appear in the fourth sentence of subsection (a) of such section [subsec. (a) of this section] shall be read 'farm yield' and the said fourth sentence shall otherwise be applicable. For the second and succeeding years for which a program established under the provisions of this section [section 1314c of this title] is in effect, the provisions of subsection (a) (8) [section 1314c (a) (8) of this title] shall apply when penalties, if

any, on carryover tobacco are computed, and the provisions contained in the fourth sentence of subsection 314 (a) [subsec. (a) of this section] shall not be applicable." SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1314c, 1445 of this title.

§ 1314a. Repealed. Pub. L. 90-51, § 2, July 7, 1967, 81 Stat. 121.

Section, act Feb. 16, 1938, ch. 30, title III, § 315, as added Aug. 21, 1958, Pub. L. 85-705, 72 Stat. 703, provided for a referendum among producers of type 21 (Virginia) firecured tobacco and type 37 Virginia sun-cured tobacco on the question of a single combined tobacco acreage allotment and provided for the establishment and subsequent increases and decreases in the allotments. See section 1314d of this title.

§ 1314b. Leases of tobacco acreage allotments or quotas.

(a) Conditions for permission from Secretary; burley tobacco exception

Notwithstanding any other provision of law, the Secretary, if he determines that it will not impair the effective operation of the tobacco marketing quota or price support program, may permit the owner and operator of any farm for which a tobacco acreage allotment (other than a Burley, dark aircured, fire-cured, Virginia sun-cured and cigarbinder, type 54 or 55 tobacco acreage allotment) is established under this chapter to lease all or any part of such allotment or quota to any other owner or operator of a farm in the same county for use in such county on a farm having a current tobacco allotment or quota of the same kind.

(b) Term of years; terms and conditions.

Any lease may be made for such term of years not to exceed five as the parties thereto agree, and on such other terms and conditions, except as otherwise provided in this section, as the parties thereto agree.

(c) Filing with county committees; determination of compliance with requirements; calculation of normal yield for transfer.

The lease and transfer of any allotment shall not be effective until a copy of such lease is filed with and determined by the county committee of the county in which the farms involved are located to be in compliance with the provisions of this section. Such lease and transfer shall not be effective unless a copy of the lease is filed with the county committee prior to a closing date established by the Secretary, which date shall be no later than the normal planting time in the county: Provided, That any lease and transfer of an allotment shall be effective, notwithstanding the failure to file a copy of the lease with the county committee prior to such closing date, if (1) the Secretary finds that a lease in compliance with the provisions of this section was agreed upon prior to such closing date, and (2) the terms of the lease are reduced to writing and filed in the county office in which the farms involved are located not later than the 31st day of July of the crop year to which the lease relates. If the normal yield established by the county committee for the farm to which the allotment is transferred does not exceed the normal yield established by the county committee for the farm from which the allotment is transferred by more than 10 per centum, the lease and transfer

shall be approved acre for acre. If the normal yield for the farm to which the allotment is transferred exceeds the normal yield for the farm from which the allotment is transferred by more than 10 per centum, the county committee shall make a downward adjustment in the amount of the acreage allotment transferred by multiplying the normal yield established for the farm from which the allotment is transferred by the acreage being transferred and dividing the result by the normal yield established by the farm to which the allotment is transferred. (d) Allotments for other years unaffected; inclusion of amount in transferrors' plantings; referendum voting rights.

The lease and transfer of any part of a tobacco acreage allotment determined for a farm shall not affect the allotment for the farm from which such acreage allotment is transferred or the farm to which it is transferred, except with respect to the crop year specified in the lease. The amount of acreage allotment which is leased from a farm shall be considered for purpose of determining future allotments to have been planted to tobacco on the farm from which such allotment is transferred and the production pursuant to the lease and transfer shall not be taken into account in establishing allotments for subsequent years for the farm to which such allotment is transferred. The lessor shall be considered to have been engaged in the production of tobacco for the purpose of eligibility to vote in the referendum.

(e) Limitation on amount of acreage allotment.

The total acreage allotted to any farm after the transfer by lease of tobacco acreage allotment to the farm under the provisions of this section shall not exceed 50 per centum of the acreage of cropland in the farm: Provided, That in the case of cigar-filler tobacco types 42, 43, or 44, not more than 10 acres of allotment may be leased and transferred to any farm.

(f) Regulations.

The Secretary shall prescribe such regulations as he considers necessary for carrying out the provisions of this section. (Feb. 16, 1938, ch. 30, title III, § 316, as added Sept. 6, 1961, Pub. L. 87-200, 75 Stat. 469, and amended July 10, 1962, Pub. L. 87-530, 76 Stat. 151; Oct. 15, 1962, Pub. L. 87-824, 76 Stat. 947; July 19, 1963, Pub. L. 88-68, 77 Stat. 81; July 30, 1963, Pub. L. 88-80, 77 Stat. 114; Aug. 20, 1964, Pub. L. 88469, §§ 1, 2, 78 Stat. 581; May 27, 1965, Pub. L. 89-29, 79 Stat. 118; Nov. 3, 1965, Pub. L. 89-321, title VII, § 703, 79 Stat. 1210; June 24, 1966, Pub. L. 89-471, 80 Stat. 220; Mar. 29, 1967, Pub. L. 90–6, 81 Stat. 6; June 7, 1967, Pub. L. 90-52, 81 Stat. 121; Oct. 11, 1968, Pub. L. 90-559, § 1(1), 82 Stat. 996; June 19, 1970, Pub. L. 91-284, §§ 1-4, 84 Stat. 314.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-284, § 1, authorized leases without limitation to crop years 1962 through 1970, prescribed conditions for permission from Secretary, substituted as excepted from allotment "Burley, dark aircured, fire-cured, Virginia sun-cured and cigar-binder, type 54 or 55 tobacco acreage allotment" for "Burley tobacco acreage allotment or a cigar-filler and cigar binder (types 42, 43, 44, 53, 54, and 55) tobacco acreage allot

ment", authorized lease of all of such allotment or quota, and deleted provision for recognition and consideration of lease and transfer of allotment as valid by the county committee upon compliance with conditions of this section.

Subsec. (b). Pub. L. 91-284, § 2, provided for execution of leases for term of years not exceeding five rather than on an annual basis.

Subsec. (e). Pub. L. 91-284, § 3, prescribed 10 acre limitation on the amount of cigar-filler tobacco types 42, 43, or 44 allotment acreage which may be leased and transferred to any farm.

Subsec. (g). Pub. L. 91-284, § 4, repealed provision for filing of leases for 1965 crop year.

1968 Subsec. (a). Pub. L. 90-559 provided for a one year extension through 1970.

1967-Subsec. (a). Pub. L. 90-6 struck out the provision which restricted the leasing and transferring of a Maryland tobacco allotment unless at least 75 percent of the allotment for the farm had been actually planted on such farm during each of the two immediately preceding years.

Subsec. (e). Pub. L. 90-52 removed the 5 acre limitation on the amount of tobacco allotment acreage which may be leased and transferred to any farm.

1966-Subsec. (c). Pub. L. 89-471 added proviso which allowed the lease and transfer of an allotment notwithstanding the failure to file a copy of the lease with the county committee prior to the closing date if the Secretary finds that the lease was agreed upon prior to the closing date and the terms of the lease are reduced to writing and filed not later than the 31st day of July of the crop year to which the lease relates.

1965 Subsec. (a). Pub. L. 89-321 extended from 1965 to 1969 the lease privilege for tobacco acreage allotments as well as the prohibition against lease eligibility for Maryland tobacco acreage allotments unless at least 75 per centum of the allotment for the farm was actually planted on such farm during each of the two immediately preceding years.

Subsec. (g). Pub. L. 89-29 substituted "1965 crop year" for "1964 crop year" and "June 15, 1965" for "June 15, 1964", and changed the date of filing from within twenty day, of August 20, 1964, to within twenty days of May 27. 1965.

1964 Subsec. (g). Pub. L. 88-469, § 1, substituted "1964 crop year" for "1962 crop year" and "June 15, 1964" for "June 15, 1962", and changed the date of filing from within twenty days of July 10, 1962 to within twenty days of August 20, 1964.

Subsec. (h). Pub. L. 88-469, § 2, repealed former subsec. (h) which related to the filing of leases for the 1963 crop year.

1963-Subsec. (a). Pub. L. 88-68, § 1(1), extended to crop years 1964 and 1965 provisions permitting lease of tobacco acreage allotments, substituted "or" for ", and for the 1963 crop year, other than", inserted "1962 or 1963" preceding "allotment" in the Maryland tobacco provision and precluded the leasing of 1964 or 1965 Maryland tobacco allotment from the farm unless at least 75 per centum of the allotment for the farm was actually planted on such farm during each of the two immediately preceding years.

Subsec. (b). Pub. L. 88-68, § 1(2), required annual basis for leases and eliminated provisions against leases for any period exceeding 1 year and for renewal of 1963 crop year leases, except renewal of 1963 crop year leases for cigar-filler and cigar-binder (types 42, 43, 44, 53, 54, and 55).

Subsec. (h). Pub. L. 88-80 added subsec. (h). 1962-Subsec. (a). Pub. L. 87-824 excepted for the 1963 crop year cigar-filler and cigar-binder (types 42, 43, 44, 53, 54, and 55) tobacco acreage allotments.

Subsec. (b). Pub. L. 87-824 inserted proviso prohibiting renewal of lease for 1963 for cigar-filler and cigarbinder (types 42, 43, 44, 53, 54, and 55) tobacco. Subsec. (g). Pub. L. 87-530 added subsec. (g).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1316 of this title.