I

104TH CONGRESS

1ST SESSION H. R. 2653

To amend the Agricultural Adjustment Act of 1938 and the Agricultural

Act of 1949 to improve the operation of the Government Flue-cured

and Burley tobacco programs.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 16, 1995

Mr. ROSE (for himself and Mr. BAESLER) introduced the following bill; which

was referred to the Committee on Agriculture

A BILL

To amend the Agricultural Adjustment Act of 1938 and

the Agricultural Act of 1949 to improve the operation

of the Government Flue-cured and Burley tobacco programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Tobacco Amendments Act of 1995’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Elimination of Federal budgetary outlays for tobacco programs.
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Sec. 3. Establishment of farm yield for Flue-cured tobacco based on individual

farm production history.

Sec. 4. Removal of farm reconstitution exception for Burley tobacco.

Sec. 5. Reduction in percentage threshold for transfer of Flue-cured tobacco

quota in cases of disaster.

Sec. 6. Expansion of types of tobacco subject to no net cost assessment.

Sec. 7. Repeal of reporting requirements relating to export of tobacco.

Sec. 8. Repeal of limitation on reducing national marketing quota for Fluecured and Burley tobacco.

Sec. 9. Application of civil penalties under Tobacco Inspection Act.

Sec. 10. Transfers of quota or allotment across county lines in a State.

Sec. 11. Calculation of national marketing quota.

Sec. 12. Clarification of authority to access civil money penalties.

Sec. 13. Lease and transfer of farm marketing quotas for Burley tobacco.

Sec. 14. Limitation on transfer of acreage allotments of other tobacco.

Sec. 15. Good faith reliance on actions or advice of Department representatives.

Sec. 16. Uniform forfeiture dates for Flue-cured and Burley tobacco.

Sec. 17. Sale of Burley and Flue-cured tobacco marketing quotas for a farm

by recent purchasers.

1 SEC. 2. ELIMINATION OF FEDERAL BUDGETARY OUTLAYS

2 FOR TOBACCO PROGRAMS.

3 Section 106(g)(1) of the Agricultural Act of 1949 (7

4 U.S.C. 1445(g)(1)) is amended—

5 (1) by striking ‘‘1998’’ and inserting ‘‘2002’’;

6 and

7 (2) by inserting after ‘‘equal to’’ the following:

8 ‘‘a pro rata share of the total amount of the costs

9 of other Department of Agriculture programs related

10 to tobacco production or processing that are not re11 quired to be covered by user fees or by contributions

12 or assessments under section 106A(d)(1) or

13 106B(d)(1), but in no event less than’’.
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1 SEC. 3. ESTABLISHMENT OF FARM YIELD FOR FLUE-CURED

2 TOBACCO BASED ON INDIVIDUAL FARM PRO3 DUCTION HISTORY.

4 (a) METHOD OF DETERMINING FARM ACREAGE AL5 LOTMENTS.—Subsection (a) of section 317 of the Agricul6 tural Adjustment Act of 1938 (7 U.S.C. 1314c) is amend7 ed by striking paragraphs (2) through (8) and inserting

8 the following new paragraphs:

9 ‘‘(2) FARM ACREAGE ALLOTMENTS.—The term

10 ‘farm acreage allotment’ for a tobacco farm, other

11 than a new tobacco farm, means the acreage allot12 ment determined by dividing the farm marketing

13 quota by the farm yield.

14 ‘‘(3) FARM YIELD.—The term ‘farm yield’

15 means the yield per acre for a farm determined ac16 cording to regulations issued by the Secretary and

17 which would be expected to result in a quality of to18 bacco acceptable to the tobacco trade.

19 ‘‘(4) FARM MARKETING QUOTA.—

20 ‘‘(A) IN GENERAL.—The term ‘farm mar21 keting quota’ for a farm for a marketing year

22 means a number that is equal to the number of

23 pounds of tobacco determined by multiplying—

24 ‘‘(i) the farm marketing quota for the

25 farm for the previous marketing year
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1 (prior to any adjustment for

2 undermarketing or overmarketing); by

3 ‘‘(ii) the national factor.

4 ‘‘(B) ADJUSTMENT.—The farm marketing

5 quota determined under subparagraph (A) for a

6 marketing year shall be increased for

7 undermarketing or decreased for overmarketing

8 by the number of pounds by which marketings

9 of tobacco from the farm during the immediate

10 preceding marketing year (if marketing quotas

11 were in effect for that year under the program

12 established by this section) is less than or ex13 ceeds the farm marketing quota for such year.

14 Notwithstanding the preceding sentence, the

15 farm marketing quota for a marketing year

16 shall not be increased under this subparagraph

17 for undermarketing by an amount in excess of

18 the farm marketing quota determined for the

19 farm for the immediately preceding year prior

20 to any increase for undermarketing or decrease

21 for overmarketing. If due to excess marketing

22 in the preceding marketing year, the farm mar23 keting quota for the marketing year is reduced

24 to zero pounds without reflecting the entire re25 duction required, the additional reduction shall
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1 be made for the subsequent marketing year or

2 years.

3 ‘‘(5) NATIONAL FACTOR.—The term ‘national

4 factor’ for a marketing year means a number ob5 tained by dividing—

6 ‘‘(A) the national marketing quota (less

7 the reserve provided for under subsection (e));

8 by

9 ‘‘(B) the sum of the farm marketing

10 quotas (prior to any adjustments for

11 undermarketing or overmarketing) for the im12 mediate preceding marketing year for all farms

13 for which marketing quotas for the kind of to14 bacco involved will be determined for such suc15 ceeding marketing year.’’.

16 (b) CONFORMING AMENDMENTS.—Such section is

17 further amended—

18 (1) in the first sentence of subsection (b), by

19 striking ‘‘and the national acreage allotment and na20 tional average yield goal for the 1965 crop of Flue21 cured tobacco,’’;

22 (2) in the first sentence of subsection (c), by

23 striking ‘‘and at the same time announce the na24 tional acreage allotment and national average yield

25 goal’’;
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1 (3) in subsection (d)—

2 (A) in the sixth sentence, by striking ‘‘, na3 tional acreage allotment, and national average

4 yield goal’’;

5 (B) in the eighth sentence, by striking ‘‘,

6 national acreage allotment and national average

7 yield goal’’; and

8 (C) in the ninth sentence, by striking ‘‘,

9 national acreage allotment, and national aver10 age goal are’’ and inserting ‘‘is’’;

11 (4) in subsection (e)—

12 (A) in the first sentence, by striking ‘‘No

13 farm acreage allotment or farm yield shall be

14 established’’ and inserting ‘‘A farm marketing

15 quota and farm yield shall not be established’’;

16 (B) in the second sentence, by striking

17 ‘‘acreage allotment’’ both places it appears and

18 inserting ‘‘marketing quota’’;

19 (C) in the second sentence, by striking

20 ‘‘acreage allotments’’ both places it appears and

21 inserting ‘‘marketing quotas’’; and

22 (D) in the last sentence, by striking ‘‘acre23 age allotment’’ and inserting ‘‘marketing

24 quota’’; and

25 (5) in subsection (g)—
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1 (A) in paragraph (1), by striking ‘‘para2 graph (a)(8)’’ and inserting ‘‘subsection

3 (a)(4)’’; and

4 (B) in paragraph (3), by striking ‘‘sub5 section (a)(8)’’ and inserting ‘‘subsection

6 (a)(4)’’.

7 (c) FARM MARKETING QUOTA REDUCTIONS.—Sub8 section (f) of such section is amended to read as follows:

9 ‘‘(f) CAUSES FOR FARM MARKETING QUOTA REDUC10 TION.—(1) When an acreage-poundage program is in ef11 fect for any kind of tobacco under this section, the farm

12 marketing quota next established for a farm shall be re13 duced by the amount of such kind of tobacco produced

14 on the farm—

15 ‘‘(A) which was marketed as having been pro16 duced on a different farm;

17 ‘‘(B) for which proof of disposition is not fur18 nished as required by the Secretary;

19 ‘‘(C) on acreage equal to the difference between

20 the acreage reported by the farm operator or a duly

21 authorized representative and the determined acre22 age for the farm; and

23 ‘‘(D) as to which any producer on the farm

24 filed, or aids, or acquiesces, in the filing of any false
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1 report with respect to the production or marketing

2 of tobacco.

3 ‘‘(2) If the Secretary, through the local committee,

4 finds that no person connected with a farm caused, aided,

5 or acquiesced in any irregularity described in paragraph

6 (1), the next established farm marketing quota shall not

7 be reduced under this subsection.

8 ‘‘(3) The reduction required under this subsection

9 shall be in addition to any other adjustments made pursu10 ant to this section.

11 ‘‘(4) In establishing farm marketing quotas for other

12 farms owned by the owner displaced by acquisition of the

13 owner’s land by any agency, as provided in section 378

14 of this Act, increases or decreases in such farm marketing

15 quotas as provided in this section shall be made on ac16 count of marketings below or in excess of the farm mar17 keting quotas for the farm acquired by the agency.

18 ‘‘(5) Acreage allotments and farm marketing quotas

19 determined under this section may (except in the case of

20 kinds of tobacco not subject to section 316) be leased and

21 sold under the terms and conditions in section 316 of this

22 Act, except that any credit for undermarketing or charge

23 for overmarketing shall be attributed to the farm to which

24 transferred.’’.
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1 (d) EFFECT OF AMENDMENTS ON CURRENT TO2 BACCO CROP.—Section 317 of the Agricultural Adjust3 ment Act of 1938 (7 U.S.C. 1314c), as in effect on the

4 day before the date of the enactment of this Act, shall

5 continue to apply with respect to the 1996 crop of Flue6 cured tobacco.

7 SEC. 4. REMOVAL OF FARM RECONSTITUTION EXCEPTION

8 FOR BURLEY TOBACCO.

9 Section 379(a)(6) of the Agricultural Adjustment Act

10 of 1938 (7 U.S.C. 1379(a)(6)) is amended by striking ‘‘,

11 but this clause (6) shall not be applicable in the case of

12 burley tobacco’’.

13 SEC. 5. REDUCTION IN PERCENTAGE THRESHOLD FOR

14 TRANSFER OF FLUE-CURED TOBACCO QUOTA

15 IN CASES OF DISASTER.

16 The second subsection (h) in section 316 of the Agri17 cultural Adjustment Act of 1938 (7 U.S.C. 1314b) is

18 amended by striking ‘‘90 percent’’ in paragraph (1)(A)

19 and inserting ‘‘80 percent’’.

20 SEC. 6. EXPANSION OF TYPES OF TOBACCO SUBJECT TO NO

21 NET COST ASSESSMENT.

22 (a) NO NET COST TOBACCO FUND.—Section

23 106A(d)(1)(A) of the Agricultural Act of 1949 (7 U.S.C.

24 1445–1(d)(1)(A)) is amended—
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1 (1) in clause (ii), by inserting after ‘‘Burley

2 quota tobacco’’ the following: ‘‘and cigar-type quota

3 tobacco’’; and

4 (2) in clause (iii)—

5 (A) in the matter preceding the subclauses,

6 by striking ‘‘Flue-cured or Burley tobacco’’ and

7 inserting ‘‘each kind of tobacco for which price

8 support is made available under this Act, and

9 each kind of like tobacco,’’; and

10 (B) by striking subclause (II) and insert11 ing the following new subclause:

12 ‘‘(II) the sum of the amount of the

13 per pound producer contribution and pur14 chaser assessment (if any) for such kind of

15 tobacco payable under clauses (i) and (ii);

16 and’’.

17 (b) NO NET COST TOBACCO ACCOUNT.—Section

18 106B(d)(1) of the Agricultural Act of 1949 (7 U.S.C.

19 1445–2(d)(1)) is amended—

20 (1) in subparagraph (B), by inserting after

21 ‘‘Burley quota tobacco’’ the following: ‘‘and cigar22 type quota tobacco’’; and

23 (2) in subparagraph (C), by striking ‘‘Flue24 cured and Burley tobacco’’ and inserting ‘‘each kind
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1 of tobacco for which price support is made available

2 under this Act, and each kind of like tobacco,’’.

3 (c) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect 60 days after the date of the

5 enactment of this Act.

6 SEC. 7. REPEAL OF REPORTING REQUIREMENTS RELATING

7 TO EXPORT OF TOBACCO.

8 Section 214 of the Tobacco Adjustment Act of 1983

9 (7 U.S.C. 509) is repealed.

10 SEC. 8. REPEAL OF LIMITATION ON REDUCING NATIONAL

11 MARKETING QUOTA FOR FLUE-CURED AND

12 BURLEY TOBACCO.

13 (a) FLUE-CURED TOBACCO.—Section 317(a)(1) of

14 the Agricultural Adjustment Act of 1938 (7 U.S.C.

15 1314c(a)(1)) is amended by striking subparagraph (C).

16 (b) BURLEY TOBACCO.—Section 319(c)(3) of the Ag17 ricultural Adjustment Act of 1938 (7 U.S.C. 1314e(c)(3))

18 is amended by striking subparagraph (C).

19 SEC. 9. APPLICATION OF CIVIL PENALTIES UNDER TO20 BACCO INSPECTION ACT.

21 Section 12 of the Tobacco Inspection Act (7 U.S.C.

22 511k) is amended—

23 (1) by inserting ‘‘(a) FINE FOR VIOLATIONS.—

24 ’’ after ‘‘That any person’’; and
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1 (2) by adding at the end the following new sub2 sections:

3 ‘‘(b) JURISDICTION.—The district courts of the

4 United States are vested with jurisdiction specifically to

5 enforce, and to prevent and restrain any person from vio6 lating, any rule or regulation issued under this Act.

7 ‘‘(c) REFERRAL TO ATTORNEY GENERAL.—A civil

8 action authorized to be commenced under this section shall

9 be referred to the Attorney General for appropriate action,

10 except that the Secretary shall not be required to refer

11 to the Attorney General a violation of this Act, if the Sec12 retary believes that the administration and enforcement

13 of this Act would be adequately served by providing a suit14 able written notice or warning to the person who commit15 ted such violation or administrative action.

16 ‘‘(d) CIVIL PENALTIES AND ORDERS.—

17 ‘‘(1) CIVIL PENALTIES.—Any person who will18 fully violates any provision of this Act or any of the

19 regulations issued by the Secretary under this Act

20 may be assessed a civil penalty by the Secretary of

21 not less than $500 or more than $5,000 for each

22 such violation. Each violation shall be a separate of23 fense.

24 ‘‘(2) CEASE AND DESIST ORDERS.—In addition

25 to, or in lieu of, a civil penalty under paragraph (1),
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1 the Secretary may issue an order requiring a person

2 to cease and desist from continuing any such viola3 tion.

4 ‘‘(3) NOTICE AND HEARING.—No penalty shall

5 be assessed or cease-and-desist order issued by the

6 Secretary under this subsection unless the person

7 against whom the penalty is assessed or the order is

8 issued is given notice and opportunity for a hearing

9 before the Secretary with respect to such violation.

10 ‘‘(4) FINALITY.—The order of the Secretary as11 sessing a penalty or imposing a cease-and-desist

12 order under this subsection shall be final and conclu13 sive unless the affected person files an appeal of the

14 Secretary’s order with the appropriate district court

15 of the United States, in accordance with subsection

16 (e).

17 ‘‘(e) REVIEW BY DISTRICT COURT.—

18 ‘‘(1) COMMENCEMENT OF ACTION.—Any person

19 who has been determined to be in violation of this

20 Act, or against whom a civil penalty has been as21 sessed or a cease-and-desist order issued under sub22 section (d), may obtain review of the penalty or

23 order—
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1 ‘‘(A) by filing, within the 30-day period be2 ginning on the date the penalty is assessed or

3 order issued, a notice of appeal in—

4 ‘‘(i) the district court of the United

5 States for the district in which the person

6 resides or conducts business; or

7 ‘‘(ii) the United States District Court

8 for the District of Columbia; and

9 ‘‘(B) by sending, within the same period, a

10 copy of such notice by certified mail to the Sec11 retary.

12 ‘‘(2) RECORD.—The Secretary shall file

13 promptly in the appropriate court referred to in

14 paragraph (1), a certified copy of the record on

15 which the Secretary has determined that the person

16 had committed a violation.

17 ‘‘(3) STANDARD OF REVIEW.—A finding of the

18 Secretary under this section shall be set aside only

19 if such finding is found to be unsupported by sub20 stantial evidence.

21 ‘‘(f) FAILURE TO OBEY ORDERS.—Any person who

22 fails to obey a cease-and-desist order under this section

23 after such order has become final and unappealable, or

24 after the appropriate United States district court has en25 tered a final judgment in favor of the Secretary, shall be
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1 subject to a civil penalty assessed by the Secretary, after

2 opportunity for hearing and for a judicial review under

3 the procedures specified in subsection (e), of not more

4 than $500 for each offense. Each day during which such

5 failure continues shall be considered as a separate viola6 tion of such order.

7 ‘‘(g) FAILURE TO PAY PENALTIES.—If any person

8 fails to pay an assessment of a civil penalty under this

9 section after it has become a final and unappealable order,

10 or after the appropriate United States district court has

11 entered final judgment in favor of the Secretary, the Sec12 retary shall refer the matter to the Attorney General for

13 recovery of the amount assessed in the district court of

14 the United States for the district in which the person re15 sides or conducts business. In such action, the validity and

16 appropriateness of the final order imposing the civil pen17 alty shall not be subject to review.

18 ‘‘(h) ADDITIONAL REMEDIES.—The remedies pro19 vided in this section shall be in addition to, and not exclu20 sive of, other remedies that may be available.’’.

21 SEC. 10. TRANSFERS OF QUOTA OR ALLOTMENT ACROSS

22 COUNTY LINES IN A STATE.

23 (a) TRANSFERS ALLOWED BY REFERENDUM.—

24 (1) FLUE-CURED TOBACCO.—Section 316(g) of

25 the Agricultural Adjustment Act of 1938 (7 U.S.C.
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1 1314b(g)) is amended by adding at the end the fol2 lowing:

3 ‘‘(3) Notwithstanding paragraph (1), the Secretary

4 may permit the sale of a Flue-cured tobacco allotment or

5 quota from one farm in a State to any other farm in the

6 State if a majority of active Flue-cured tobacco producers

7 within the State approve of such sales by a state-wide ref8 erendum to be conducted by the Secretary.’’.

9 (2) OTHER TOBACCO.—Section 318(b) of such

10 Act (7 U.S.C. 1314d(b)) is amended in the proviso

11 by inserting after ‘‘same State’’ the following: ‘‘and,

12 in the case of other kinds of tobacco, any such

13 transfer may be made to a farm in another county

14 in the same State if transfers of such type are ap15 proved by a majority of the active producers of that

16 kind of tobacco in the State who vote in a referen17 dum held on the subject’’.

18 (3) BURLEY TOBACCO.—Section 319(l) of such

19 Act (7 U.S.C. 1314e(l)) is amended by striking the

20 last sentence.

21 (b) SAME GROWER IN CONTIGUOUS COUNTIES.—

22 Section 379(b) of such Act (7 U.S.C. 1379(b)) is amended

23 by striking ‘‘Burley tobacco poundage quota’’ and insert24 ing ‘‘tobacco quota or allotment’’.
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1 SEC. 11. CALCULATION OF NATIONAL MARKETING QUOTA.

2 (a) FLUE-CURED TOBACCO.—Section

3 317(a)(1)(B)(ii) of the Agricultural Adjustment Act of

4 1938 (7 U.S.C. 1314c(a)(1)(B)(ii)) is amended by insert5 ing before the semicolon the following: ‘‘, but excluding

6 any exports of unmanufactured tobacco counted under

7 clause (i)’’.

8 (b) BURLEY TOBACCO.—Section 319(c)(3)(A)(ii) of

9 such Act (7 U.S.C. 1314e(l)) is amended by inserting be10 fore the semicolon the following: ‘‘, but excluding any ex11 ports of unmanufactured tobacco counted under clause

12 (i)’’.

13 (c) APPLICATION OF AMENDMENTS.—The amend14 ments made by this section shall apply with respect to the

15 1996 and subsequent crops of Flue-cured and Burley to16 bacco.

17 SEC. 12. CLARIFICATION OF AUTHORITY TO ACCESS CIVIL

18 MONEY PENALTIES.

19 Section 314 of the Agricultural Adjustment Act of

20 1938 (7 U.S.C. 1314) is amended—

21 (1) by redesignating subsection (c) as sub22 section (d); and

23 (2) by inserting after subsection (b) the follow24 ing new subsection:

25 ‘‘(c) The failure by a person to comply with regula26 tions issued by the Secretary governing the marketing,
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1 disposition, or handling of tobacco under this part shall

2 subject the person to a penalty at the rate provided in

3 subsection (a).’’.

4 SEC. 13. LEASE AND TRANSFER OF FARM MARKETING

5 QUOTAS FOR BURLEY TOBACCO.

6 Section 319(g) of the Agricultural Adjustment Act of

7 1938 (7 U.S.C. 1314e(g)) is amended—

8 (1) in paragraph (1), by striking ‘‘July 1’’ each

9 place it appears and inserting ‘‘September 1’’; and

10 (2) in paragraph (3)—

11 (A) by striking ‘‘within the three imme12 diately preceding crop years’’ in the first sen13 tence and inserting ‘‘during the current crop

14 year or either of the two immediately preceding

15 crop years’’; and

16 (B) by striking ‘‘July 1’’ in the second sen17 tence and inserting ‘‘September 1’’.

18 SEC. 14. LIMITATION ON TRANSFER OF ACREAGE ALLOT19 MENTS OF OTHER TOBACCO.

20 Section 318(g) of the Agricultural Adjustment Act of

21 1938 (7 U.S.C. 1314d(g)) is amended by striking ‘‘ten

22 acres’’ and inserting ‘‘20 acres’’.
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1 SEC. 15. GOOD FAITH RELIANCE ON ACTIONS OR ADVICE

2 OF DEPARTMENT REPRESENTATIVES.

3 The Agricultural Adjustment Act of 1938 is amended

4 by inserting after section 314A (7 U.S.C. 1314–1) the fol5 lowing new section:

6 ‘‘SEC. 315. GOOD FAITH RELIANCE ON ACTIONS OR ADVICE

7 OF DEPARTMENT REPRESENTATIVES.

8 ‘‘Notwithstanding any other provision of law, the per9 formance rendered in good faith by a person in good faith

10 in reliance upon action or advice of an authorized rep11 resentative of the Secretary may be accepted as meeting

12 the requirements of this part.’’.

13 SEC. 16. UNIFORM FORFEITURE DATES FOR FLUE-CURED

14 AND BURLEY TOBACCO.

15 (a) SALE OR FORFEITURE OF FLUE-CURED TO16 BACCO ALLOTMENT OR QUOTA.—The first subsection (h)

17 of section 316 of the Agricultural Adjustment Act of 1938

18 (7 U.S.C. 1314b) is amended—

19 (1) in paragraph (1), by striking ‘‘before the

20 expiration of the eighteen month period beginning on

21 July 1 of the year in which such crop is planted’’

22 and inserting ‘‘before February 15 of the year after

23 the end of the marketing year for the planted crop’’;

24 and

25 (2) in paragraph (2), by striking ‘‘July 1’’ and

26 inserting ‘‘February 15’’.
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1 (b) MANDATORY SALE OF FLUE-CURED TOBACCO

2 ALLOTMENT OR QUOTA.—Section 316A of such Act (7

3 U.S.C. 1314b–1) is amended—

4 (1) in subsection (a), by striking ‘‘December 1

5 of the year’’ and inserting ‘‘February 15 of the

6 year’’; and

7 (2) in subsection (b), by striking ‘‘July 1’’ and

8 inserting ‘‘February 15’’.

9 (c) MANDATORY SALE OF BURLEY TOBACCO ALLOT10 MENT OR QUOTA.—Section 316B of such Act (7 U.S.C.

11 1314b–2) is amended—

12 (1) in subsection (a), by striking ‘‘December 1

13 of the year’’ and inserting ‘‘February 15 of the

14 year’’; and

15 (2) in subsection (c)(1), by striking ‘‘before the

16 expiration of the eighteen month period beginning on

17 July 1 of the year in which such crop is planted’’

18 and inserting ‘‘before February 15 of the year after

19 the end of the marketing year for the planted crop’’.

20 SEC. 17. SALE OF BURLEY AND FLUE-CURED TOBACCO

21 MARKETING QUOTAS FOR A FARM BY RE22 CENT PURCHASERS.

23 The Agricultural Adjustment Act of 1938 is amended

24 by inserting after section 316B (7 U.S.C. 1314b–2) the

25 following new section:
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1 ‘‘SEC. 316C. AUTHORITY FOR RECENT PURCHASER OF A

2 FARM TO SELL BURLEY TOBACCO OR FLUE3 CURED TOBACCO MARKETING QUOTAS FOR

4 THE FARM.

5 ‘‘A new owner of a farm that has purchase history

6 of Burley tobacco or Flue-cured tobacco may sell the pur7 chased tobacco quota notwithstanding any limitations on

8 such a sale contained in this part if the sale is completed

9 not later than one year after the purchase date of the

10 farm.’’.

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