U.S. Code » Title 7 » Chapter CHAPTER 35— AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter SUBCHAPTER II— LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part Part B— Marketing Quotas › Subpart subpart vii— flexible marketing allotments for sugar

7 U.S.C. § 1359aa

Definitions

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In this subpart:(1) Human consumption

The term “human consumption”, when used in the context of a reference to sugar (whether in the form of sugar, in-process sugar, syrup, molasses, or in some other form) for human consumption, includes sugar for use in human food, beverages, or similar products.

(2) Mainland State

The term “mainland State” means a State other than an offshore State.

(3) Market(A) In general

The term “market” means to sell or otherwise dispose of in commerce in the United States.

(B) InclusionsThe term “market” includes—(i) the forfeiture of sugar under the loan program for sugar established under section 7272 of this title;(ii) with respect to any integrated processor and refiner, the movement of raw cane sugar into the refining process; and(iii) the sale of sugar for the production of ethanol or other bioenergy product, if the disposition of the sugar is administered by the Secretary under section 8110 of this title.(C) Marketing year

Forfeited sugar described in subparagraph (B)(i) shall be considered to have been marketed during the crop year for which a loan is made under the loan program described in that subparagraph.

(4) Offshore State

The term “offshore State” means a sugarcane producing State located outside of the continental United States.

(5) StateNotwithstanding section 1301 of this title, the term “State” means—(A) a State;(B) the District of Columbia; and(C) the Commonwealth of Puerto Rico.(6) United States

The term “United States”, when used in a geographical sense, means all of the States.

(Feb. 16, 1938, ch. 30, title III, § 359a, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 187; amended Pub. L. 110–234, title I, § 1403(a), May 22, 2008, 122 Stat. 981; Pub. L. 110–246, § 4(a), title I, § 1403(a), June 18, 2008, 122 Stat. 1664, 1709.)Editorial NotesCodification

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 L. 110–234 were repealed by section 4(a) of Pub.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 1359aa, act Feb. 16, 1938, ch. 30, title III, § 359a, as added Pub. L. 101–624, title IX, § 902, Nov. 28, 1990, 104 Stat. 3479; amended Pub. L. 102–237, title I, § 111(c), Dec. 13, 1991, 105 Stat. 1830, related to information reporting with respect to sugar and crystalline fructose marketing quotas, prior to the general amendment of this subpart by Pub. L. 107–171.

A prior section 359a of act Feb. 16, 1938, was renumbered section 359e and was classified to section 1359a of this title prior to repeal by Pub. L. 107–171.

Amendments

2008—Pub. L. 110–246, § 1403(a), added pars. (1) and (3) and redesignated former pars. (1) to (4) as (2), (4), (5), and (6), respectively.

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Amendment 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.

Notes of Decisions
Cited in 2 cases, 1994–1994 · leading case: Van Diest v. Conoco, Inc., 851 F. Supp. 1415 (D. Neb. 1994).
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Van Diest v. Conoco, Inc., 851 F. Supp. 1415 (D. Neb. 1994). · cites it 4× “In response, in 1990, Congress passed 7 U.S.C. § 1359aa et seq. which requires the Secretary of Agriculture to make quarterly estimates of domestic sugar consumption, stocks and production and of imports.”
Minn-Dak Farmers Co-Op. v. Espy, 851 F. Supp. 1423 (D.N.D. 1994). · cites it 4× “In response, in 1990, Congress passed 7 U.S.C. § 1359aa et seq. which requires the Secretary of Agriculture to make quarterly estimates of domestic sugar consumption, stocks and production and of imports.”
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