§ 1359cc. Establishment of flexible marketing allotments
(b)
Overall allotment quantity
(1)
In general
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—
(c)
Marketing allotment for sugar derived from sugar beets and sugar derived from sugarcane
The overall allotment quantity for the crop year shall be allotted between—
(d)
Filling cane sugar and beet sugar allotments
(e)
State cane sugar allotments
(1)
In general
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)
Offshore allotment
(A)
Collectively
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)
Individually
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;
(3)
Mainland allotment
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;
(f)
Filling cane sugar allotments
Except as provided in section
1359ee of this title, a State cane sugar allotment established under subsection (e) of this section for a crop year may be filled only with sugar processed from sugarcane grown in the State covered by the allotment.
(g)
Adjustment of marketing allotments
(1)
Adjustments
(A)
In general
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.
(2)
Allocation to processors
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.
(3)
Carry-over of reductions
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.