Title 7 — AgricultureRelease 119-73not60
§1359cc Establishment of Flexible Marketing Allotments
Title 7 › Chapter 35— AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter II— LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part B— Marketing Quotas › Subpart vii— flexible marketing allotments for sugar › § 1359cc
Summary
The Secretary must create flexible marketing limits for sugar in any crop year when required under section 1359bb(b). The Secretary must set an overall allotment of sugar large enough to keep raw and refined sugar prices above levels that would cause sugar to be forfeited to the Commodity Credit Corporation. The overall allotment cannot be less than 85 percent of the estimated amount of sugar needed for people in the United States that year. The Secretary can change the overall amount up or down to reflect new estimates of consumption, stocks, production, or imports, but never below the 85 percent floor. Changes can be made after hearings if affected processors and growers ask for them. The overall allotment is split into beet sugar (54.35 percent) and cane sugar (45.65 percent). Cane allotments must be filled only with sugar from U.S.-grown cane. Beet allotments must be filled only with sugar processed from U.S. beets or in-process beet sugar. The cane share is divided among States that grow cane, with 325,000 short tons (raw value) reserved for offshore States before mainland allotments. State and offshore splits are made fairly, after hearings if requested, using past marketings, processors’ ability to market, and past processings based on the specified year ranges. If allotments change, processor allocations and proportionate shares change by the same percentage, except increases give priority to beet processors who have available sugar. If a processor marketed more than a reduced allocation, that excess reduces the processor’s next allocation.
Full Legal Text
Title 7, §1359cc
Agriculture — Source: USLM XML via OLRC
(a)The Secretary shall establish flexible marketing allotments for sugar for any crop year in which the allotments are required under section 1359bb(b) of this title in accordance with this section.
(b)(1)The Secretary shall establish the overall quantity of sugar to be allotted for the crop year (referred to in this subpart as the “overall allotment quantity”) at a level that is—
(A)sufficient to maintain raw and refined sugar prices above forfeiture levels to avoid forfeiture of sugar to the Commodity Credit Corporation; but
(B)not less than a quantity equal to 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.
(2)Subject to paragraph (1), the Secretary shall adjust the overall allotment quantity to maintain—
(A)raw and refined sugar prices above forfeiture levels to avoid the forfeiture of sugar to the Commodity Credit Corporation; and
(B)adequate supplies of raw and refined sugar in the domestic market.
(c)The overall allotment quantity for the crop year shall be allotted between—
(1)sugar derived from sugar beets by establishing a marketing allotment for a crop year at a quantity equal to the product of multiplying the overall allotment quantity for the crop year by 54.35 percent; and
(2)sugar derived from sugarcane by establishing a marketing allotment for a crop year at a quantity equal to the product of multiplying the overall allotment quantity for the crop year by 45.65 percent.
(d)(1)Each marketing allotment for cane sugar established under this section may only be filled with sugar processed from domestically grown sugarcane.
(2)Each marketing allotment for beet sugar established under this section may only be filled with sugar domestically processed from sugar beets or in-process beet sugar.
(e)(1)The allotment for sugar derived from sugarcane shall be further allotted, among the States in the United States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner as provided in this subsection and section 1359dd(b)(1)(D) of this title.
(2)(A)Prior to the allotment of sugar derived from sugarcane to any other State, 325,000 short tons, raw value shall be allotted to the offshore States.
(B)The collective offshore State allotment provided for under subparagraph (A) shall be further allotted among the offshore States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner on the basis of—
(i)past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from the 1996 through 2000 crops;
(ii)the ability of processors to market the sugar covered under the allotments for the crop year; and
(iii)past processings of sugar from sugarcane, based on the 3-year average of the 1998 through 2000 crop years.
(3)The allotment for sugar derived from sugarcane, less the amount provided for under paragraph (2), shall be allotted among the mainland States in the United States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner on the basis of—
(A)past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from the 1996 through 2000 crops;
(B)the ability of processors to market the sugar covered under the allotments for the crop year; and
(C)past processings of sugar from sugarcane, based on the 3 crop years with the greatest processings (in the mainland States collectively) during the 1991 through 2000 crop years.
(f)Except as provided in section 1359ee of this title, a State cane sugar allotment established under subsection (e) for a crop year may be filled only with sugar processed from sugarcane grown in the State covered by the allotment.
(g)(1)(A)Subject to subparagraph (B), the Secretary shall, based on reestimates under section 1359bb(a)(3) of this title, adjust upward or downward marketing allotments in a fair and equitable manner, as the Secretary determines appropriate, to reflect changes in estimated sugar consumption, stocks, production, or imports.
(B)In carrying out subparagraph (A), the Secretary may not reduce the overall allotment quantity to a quantity of less than 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.
(2)(A)Except as provided in subparagraph (B), in the case of any increase or decrease in an allotment, each allocation to a processor of the allotment under section 1359dd of this title, and each proportionate share established with respect to the allotment under section 1359ff(c) of this title, shall be increased or decreased by the same percentage that the allotment is increased or decreased.
(B)If the Secretary makes an upward adjustment under paragraph (1)(A), in adjusting allocations among beet sugar processors, the Secretary shall give priority to beet sugar processors with available sugar.
(3)Whenever a marketing allotment for a crop year is required to be reduced during the crop year under this subsection, if, at the time of the reduction, the quantity of sugar marketed exceeds the processor’s reduced allocation, the allocation of an allotment next established for the processor shall be reduced by the quantity of the excess sugar marketed.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Pub. L. 110–234 and Pub. L. 110–246 made identical
Amendments
to this section. The
Amendments
by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Prior Provisions
A prior section 1359cc, act Feb. 16, 1938, ch. 30, title III, § 359c, as added Pub. L. 101–624, title IX, § 902, Nov. 28, 1990, 104 Stat. 3481; amended Pub. L. 102–237, title I, § 111(e), Dec. 13, 1991, 105 Stat. 1832, related to establishment of marketing allotments, prior to the general amendment of this subpart by Pub. L. 107–171.
Amendments
2025—Subsec. (g)(2). Pub. L. 119–21 designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), in the case” for “In the case”, and added subpar. (B). 2008—Subsec. (b). Pub. L. 110–246, § 1403(c)(1), added subsec. (b) and struck out former subsec. (b) which related to: in par. (1), establishment of the overall allotment quantity by deducting from the sum of the estimated sugar consumption and reasonable carryover stocks for the crop year 1,532,000 short tons, raw value, and carry-in stocks of sugar, including sugar in Commodity Credit Corporation inventory; and in par. (2), adjustment of overall allotment quantity to avoid the forfeiture of sugar to the Commodity Credit Corporation. Subsec. (d)(2). Pub. L. 110–246, § 1403(c)(2), inserted “or in-process beet sugar” before period at end. Subsec. (g)(1). Pub. L. 110–246, § 1403(c)(3), substituted “Adjustments” for “In general” in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, substituted “Subject to subparagraph (B), the Secretary” for “The Secretary”, and added subpar. (B). Subsec. (h). Pub. L. 110–246, § 1403(c)(4), struck out subsec. (h). Prior to amendment, text read as follows: “Whenever the Secretary estimates or reestimates under section 1359bb(a) of this title, or has reason to believe, that imports of sugars, syrups or molasses for human consumption or to be used for the extraction of sugar for human consumption, whether under a tariff-rate quota or in excess or outside of a tariff-rate quota, will exceed 1,532,000 short tons (raw value equivalent) (excluding any imports attributable to reassignment under paragraph (1)(D) or (2)(C) of section 1359ee(b) of this title), and that the imports would lead to a reduction of the overall allotment quantity, the Secretary shall suspend the marketing allotments established under this section until such time as the imports have been restricted, eliminated, or reduced to or below the level of 1,532,000 short tons (raw value equivalent).”
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an
Effective Date
note under section 8701 of this title.
Reference
Citations & Metadata
Citation
7 U.S.C. § 1359cc
Title 7 — Agriculture
Last Updated
Apr 3, 2026
Release point: 119-73not60