To provide equitable relief to producers of sugarcane subject to proportionate shares.
PL 102-535 (H.R.5763), enacted 10/27/1992

106 STAT. 3526 
PUBLIC LAW 102-535—OCT. 27, 1992 
Public Law 102-585 
102d Congress 
An Act 
Oct. 27,1992 
To provide equitable treatment to producers of sugarcane subject to proportionate 
[H.R. 5763] 
shares. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 
1
. 
EQUITABLE 
TREATMENT 
FOR 
PRODUCERS. 
Section 359f(bX5) of the Agricultural Acyustment Act of 1938 
(7 U.S.C. 1359ff(bX5)) (hereinafter referred to as "the 1938 Act"), 
is amended by stziking subparagraph (B) and inserting the 
following: 
"(B) DETERMINATION OF VIOLATION.—NO producer shall 
be considered to have violated subparagraph (A) unless 
the processor of the sugarcane harvested by such producer 
from acreage in excess of the proportionate share of the 
farm markets an amount of sugar that exceeds the alloca-
tion of such processor for a fiscal year. 
"(C) CIVIL PENALTY.—^Any producer on a farm who 
violates subparagraph (A) by knowingly harvesting, or 
allowing to be harvested, an acreage of sugarcane in excess 
of the farm's proportionate share shall be liable to the 
Commodity Credit Corporation for a civil penalty equal 
to one and one-half times the United States market value 
of the quantity of sugar that is marketed by the processor 
of such sugarcane in excess of the allocation of such proc-
essor for the fiscal year. The Secretary shall prorate 
penalties imposed under this subparagraph in a fair and 
equitable manner among all the producers of sugarcane 
harvested from excess acreage that is acquired by such 
processor.". 
SEC. 2. ADJUSTMENT AFTER DISASTER. 
Section 359f(b) of the 1938 Act, as amended by section 1 of 
this Act, is further amended by inserting after paragraph (6) the 
following new paragraph: 
"(7) ADJUSTMENTS.—^Whenever the Secretary determines 
that, because of a natural disaster or other condition beyond 
the control of producers that adversely affects a crop of sugar-
cane subject to proportionate shares, the amount of sugarcane 
produced by producers subject to the proportionate shares will 
not be sufficient to enable processors in the State to meet 
the State's cane sugar allotment and provide a normal carryover 
inventory of sugar, the Secretary may uniformly allow pro-
ducers to harvest an amount of sugarcane in excess of their 
proportionate share, or suspend proportionate shares entirely, 
as necessary to enable processors to meet the State allotment 
and provide a normal carryover inventory of sugar.". 
PUBLIC LAW 102-535—OCT. 27, 1992 
106 STAT. 3527 
SEC. 3. CLARIFYING AND CONFORMING AMENDMENTS. 
Section 359f(b) of the 1938 Act, as amended by sections 1 7 use I359ff. 
and 2 of this Act, is further amended— 
(a) in paragraph (IXB), by— 
(1) striking "production of sugar" and inserting 
"production of sugarcane"; and 
(2) inserting "of sugar" before the period at the end; 
(b) in the first sentence of paragraph (2), by— 
(1) striking "sugar processed from all crops by all proc-
essors" and inserting "sugarcane produced by producers 
in the area"; and 
(2) inserting "of sugar" after "provide a normal carry-
over inventory"; and 
(c) in the second sentence of paragraph (2), by inserting 
"paragraph (7) and" after "under". 
Approved October 27, 1992. 
LEGISLATIVE HISTORY—H.R. 5763 (See S. 1709): 
HOUSE REPORTS: No. 102-831 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 10, considered and passed House. 
Oct. 5, considered and passed Senate.