Farm Poundage Quota Revisions Act of 1990
PL 101-577 (H.R.5871), enacted 11/15/1990

104 STAT. 2856 
PUBLIC LAW 101-577—NOV. 15, 1990 
Public Law 101-577 
101st Congress 
An Act 
Nov. 15, 1990 
[H.R. 5871] 
Farm 
Poundage 
Quota 
Revisions Act 
of 1990. 
7 u s e 1281 note. 
Tobacco. 
Regulations. 
To amend the farm poundage quota provisions of section 319 (g), (h) and (i) of the 
Agricultural Adjustment Act of 1938, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Farm Poundage Quota Revisions Act of 1990'. 
SEC. 2. QUOTA REVISIONS. 
(a) SALE OF QUOTA.—Section 319(g) of the Agricultural Adjustment 
Act of 1938 (7 U.S.C. 1314(e)) is amended by inserting "(D" after the 
subsection designation, and adding at the end the following new 
paragraphs (2) and (3): 
"(2) Effective for the 1991 and subsequent crop years, the Sec-
retary may, during any one year, and subject to such rules as the 
Secretary deems appropriate, permit the sale of a hurley tobacco 
quota from one farm to another farm in the same county if the 
buyer, who is an active hurley tobacco producer, is not buying an 
amount larger than 30 percent of the existing quota for the buyer's 
farm, or 20,000 pounds whichever is greater. For purposes of this 
subsection, the term 'active hurley tobacco producer' means any 
person who shared in the risk of producing a crop of hurley tobacco 
in not less than one of the three years preceding the year involved, 
or any person who certified to the Secretary, in such form and 
manner as the Secretary shall by regulation prescribe, their intent 
to become an active hurley tobacco producer. A person shall be 
considered to have shared in the risk of producing a crop of hurley 
tobacco i
f
— 
"(A) the investment of such person in the production of such 
crop is not less than 20 percent of the proceeds of the sale of 
such crop; 
"(B) the investment of such person's return on such invest-
ment is dependent solely on the sale price of such crop; and 
"(C) such person may not receive any of such return before 
the sale of such crop. 
"(3) No sale of hurley tobacco quota from a farm shall be per-
mitted, under paragraph (2), if any sale of quota to the same farm 
has been made within the three immediately preceding crop years. 
A sale of hurley tobacco quota shall not be effective for a crop year 
unless a record of the sale is filed with the county committee not 
later than July 1 of the crop year. The marketing quota determined 
for any farm subsequent to such sale shall not exceed an amount 
determined by multiplying the farm yield established under subsec-
tion (d) of this section by 50 percent of the acreage of cropland in the 
farm.". 
(b) Loss OF QUOTA FOR NONUSE.—Section 319(h) of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1314e(h)) is amended by 
striking "1976" and substituting "1994", and by striking "of the 
five" and substituting "two of the three". 
(c) LIMITATION ON DIVISION OF QUOTAS BY SALE OR LEASE.— 
PUBLIC LAW 101-577—NOV. 15, 1950 
104 STAT. 2857 
(1) Section 379(aX5) of the Agricultural Adjustment Act of 
1938 (7 U.S.C. 1379(aX5)) is amended by deleting "or" after the 
semicolon. 
(2) Section 379(aX6) is amended by deleting the period and 
inserting in lieu thereof "; or". 
(3) Section 379(a) is amended by adding a new paragraph to 
read as follows: 
"(7) When a farm is divided through reconstitution, the 
hurley tobacco poundage quota which transfers with the divided 
land shall not be less than 1,000 pounds (except when the 
reconstitution of the farm is among immediate family members 
or pursuant to probate proceedings).". 
(d) INCREASE OF LEASE LIMITATION.—Section 319(g) of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1314e(g)) is amended by 
striking "fifteen thousand pounds" and inserting "thirty thousand 
pounds". 
(e) CROSS-COUNTY LEASING.—Section 319 of the Agricultural 
Adjustment Act of 1938 (7 U.S.C. 1314e) is amended by adding a new 
subsection to read as follows: 
"(1) Notwithstanding any other provision of this section, the Sec-
retary may permit the lease and transfer of a hurley tobacco quota 
from one farm to any other farm in the State of Tennessee if a 
majority of active hurley tobacco producers within the State approve 
such lease and transfer by a state-wide referendum to be conducted 
by the Secretary.". 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—H.R. 5871: 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 20, considered and passed House. 
Oct. 26, considered and passed Senate.