or expected production from the planted acreage), and (2) that a ease of such tobacco allotment or quota will not impair the effective peration of the tobacco marketing quota or price support program, e may permit the owner and operator of any farm within a desigated county which has suffered a loss of 10 per centum or more in he number of acres of tobacco planted (or expected production from he planted acreage) of such crop to lease all or any part of such llotment or quota to any other owners or operators in the same ounty, or other counties within the same State, for use in such counies for the year 1976 on a farm or farms having a current tobacco llotment or quota of the same kind. In the case of a lease and transer to an owner or operator in another county pursuant to this subection, the lease and transfer shall not be effective until a copy of he lease is filed with and determined by the county committee of he county to which the transfer is made to be in compliance with he provisions of the subsection. (7 U.S.C. 1314 b.)

ACREAGE-POUNDAGE QUOTAS

SEC. 317.40 (a) For purpose of this section

(1) "National marketing quota" for any kind of tobacco for a arketing year means the amount of the kind of tobacco produced n the United States which the Secretary estimates will be utilized uring the marketing year in the United States and will be exported Luring the marketing year, adjusted upward or downward in such mount as the Secretary, in his discretion, determines is desirable or the purpose of maintaining an adequate supply or for effecting n orderly reduction of supplies to the reserve supply level. Any uch downward adjustment shall not exceed 15 per centum of such stimated utilization and exports.

(2) "National average yield goal" for any kind of tobacco means he yield per acre which on a national average basis the Secretary letermines will improve or insure the usability of the tobacco and ncrease the net return per pound to the growers. In making this letermination the Secretary shall give consideration to such FederalState production research data as he deems relevant.

(3) "National acreage allotment" means the acreage determined by lividing the national marketing quota by the national average yield goal.

(4) "Farm acreage allotment" for a tobacco farm, other than a new tobacco farm, means the acreage allotment determined by adusting uniformly the acreage allotment established for such farm or the immediately preceding year, prior to any increase or decrease n such allotment due to undermarketings or overmarketings and prior to any reduction under subsection (f), so that the total of all llotments is equal to the national acreage allotment less the reserve provided in subsection (e) of this section with a further downward r upward adjustment to reflect any adjustment in the farm marketng quota for overmarketing or undermarketing and to reflect any eduction required under subsection (f) of this section, and includ

39a Subsection (1) was added by P.L. 94-445, 90 Stat. 1489, Oct. 1, 1976. 40 Sec. 317 was added by P.L. 89-12, 79 Stat. 66, April 16, 1965.

ing any adjustment for errors or inequities from the reserve. In determining farm acreage allotments for flue-cured tobacco for 1965. the 1965 farm allotment determined under section 313 shall be adjusted in lieu of the acreage allotment for the immediately preceding year.

(5) The "community average yield" means for flue-cured tobacco the average yield per acre in the community designated by the Secretary as local administrative area under the provisions

of section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, which is determined by averaging the yields per acre for the three highest years of the five years 1959 to 1963, inclusive, except that if the yield for any of the three highest years is less than 80 per centum of the average for the three years then that year or years shall be eliminated and the average of the remaining years shall be the community average yield. Community average yields for other kinds of tobacco shall be determined in like manner, except that the five years 1960 to 1964, inclusive, may be used instead of the period 1959 to 1963, as determined by the Secretary.

(6) (A) "Preliminary farm yield" for Flue-cured tobacco means a farm yield per acre determined by averaging the yield per acre for the three highest years of the five consecutive crop years beginning with the 1959 crop year except that if that average exceeds 120 per centum of the community average yield the preliminary farm yield shall be the sum of 50 per centum of the average of the three highest years and 50 per centum of the national average yield goal but not less than 120 per centum of the community average yield, and if the average of the three highest years is less than 80 per centum of the community average yield the preliminary farm yield shall be 80 per centum of the community average yield. In counties where less than five hundred acres of Flue-cured tobacco were allotted for 1964, the county may be considered as one community. If Flue-cured tobacco was not produced on the farm for at least three years of the five-year period the average of the yields for the year in which tobacco was produced shall be used instead of the three-year average. If no Flue-cured tobacco was produced on the fram in the five-year period but the farm is eligible for an allotment because Fluecured tobacco was considered to have been produced under applicable provisions of law, a preliminary farm yield for the farm shall be determined under regulations of the Secretary taking into account preliminary farm yields of similar farms in the community.

(B) "Preliminary farm yield" for kinds of tobacco, other than Flue-cured, means a farm yield per acre determined in accordance with subparagraph (A) of this paragraph (6) except that in lieu of the five consecutive crop years beginning with 1959 the years 1960 to 1964, inclusive, may be used, as determined by the Secretary. In counties where less than five hundred acres of the kind of tobacco for which the determination is being made were allotted in the last year of the five-year period the county may be considered as one community. If tobacco of the kind for which the determination is being made was not produced on the fram for at least three years of the five-year period, the average of the yields for the years in which the kind of tobacco was produced shall be used instead of the three-year average. If no tobacco of the kind for which the determination is being made was produced on the farm in the five-year period but the farm is eligible for an allotment because such tobacco was considered to have been pro

which directly affect interstate and foreign commerce at every point, and stable conditions therein are necessary to the general welfare. Rice produced for market is sold on a Nation-wide market, and, with ts products, moves almost wholly in interstate and foreign commerce from the producer to the ultimate consumer. The farmers producing such commodity are subject in their operations to uncontrollable natural causes, in many cases such farmers carry on their farming operations on borrowed money or leased lands, and are not so situted as to be able to organize effectively, as can labor and industry, hrough unions and corporations enjoying Government sanction and protection for joint economic action. For these reasons,among others, he farmers are unable without Federal assistance to control effecively the orderly marketing of such commodity with the result that bnormally excessive supplies thereof are produced and dumped inliscriminately on the Nation-wide market. (7 U.S.C. 1351(a).)

(b) The disorderly marketing of such abnormally excessive supplies affects, burdens, and obstructs interstate and foreign commerce y (1) materially affecting the volume of such commodity marketed herein, (2) disrupting the orderly marketing of such commodity herein, (3) reducing the prices for such commodity with consequent njury and destruction of such commerce in such commodity, and (4) ausing a disparity between the prices for such commodity in interstate and foreign commerce and industrial products therein, with a consequent diminution of the volume of interstate and foreign commerce in industrial products. (7 U.S.C. 1351 (b).)

(c) Whenever an abnormally excessive supply of rice exists, the marketing of such commodity by the producers thereof directly and substantially affects interstate and foreign commerce in such commodity and its products, and the operation of the provisions of this part becomes necessary and appropriate in order to promote, foster, and maintain an orderly flow of such supply in interstate and foreign commerce. (7 U.S.C. 1351 (e).)

NATIONAL ACREAGE ALLOTMENT AND ALLOCATION

Sec. 352.96g (a) The Secretary shall establish for each of the 1976 and 1977 crops of rice a national acreage allotment in the amount of one million eight hundred thousand acres.

(b) The national acreage allotment for each such crop of rice shall be apportioned by the Secretary to farms, and in producer States and administrative areas, to producers on the basis of the rice allotments established for the 1975 crop as adjusted in accordance with subsection (c) of this section: Provided, That not to exceed 1

96g Sec. 101 of the Rice Production Act of 1975, P.L. 94-214, 90 Stat. 181, Feb. 16, 1976, completely amended Sec. 352, effective only for the 1976 and 1977 crops of rice. The suspended version will once again take effect with the 1978 crop and reads as follows:

"SEC. 352. The national acreage allotment of rice for any calendar year shall be that acreage which the Secretary determines will, on the basis of the national average yield of rice for the five calendar years immediately preceding the calendar year for which such national average yield is determined, produce an amount of rice adequate, together with the estimated carry-over from the marketing year ending in such calendar year, to make available a supply for the marketing year commencing in such calendar year not less than the normal supply: Provided, however, That for 1956 no national acreage allotment shall be established which is less than 85 per centum of the final allotment established for the immediately preceding year. Such national acreage allotment shall be proclaimed not later than December 31 of each year.”