US Codex
C.F.R.
Browse by date

View an earlier version

Latest
Current
Browse all versions by date
Notes

7 C.F.R. §§ 1435.312–1435.316

5 sections in range

§1435.312. Establishment of acreage bases under proportionate shares.

7 C.F.R. § 1435.312

(a)
CCC will establish a sugarcane crop acreage base for each farm subject to proportionate shares as the simple average of the acreage planted and considered planted for harvest for sugar or seed (meaning only those varieties dedicated to the production of sugarcane to produce sugar for human consumption) on the farm in the 2 highest of the 1999 through 2001 crop years. Acreage considered planted shall be determined under § 1435.315.
(b)
In establishing crop acreage bases, CCC will—
(1)
Not consider acreage prevented from planting, and
(2)
Consider acreage planted to sugarcane that fails.
(c)
In establishing crop acreage bases, CCC will allow producers who have not previously reported their sugarcane acreage to do so by a date CCC determines and announces. Late-filed acreage reports will be accepted as the Deputy Administrator determines appropriate.
(d)
The farm's crop acreage base shall be used to determine the farm's proportionate share.
(e)
The regulations at part 718 of this title shall apply to this subpart, except reconstitution of farms with a sugar crop acreage base shall not be allowed across State lines.
Notes, amendments, and revision history

Amendments

[67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15367, Apr. 6, 2009]

Authority

Authority: 7 U.S.C. 1359aa-1359jj, 7272, and 8110; 15 U.S.C. 714b and 714c.

Source

Source: 67 FR 54928, Aug. 26, 2002, unless otherwise noted.

Amendments

[67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15367, Apr. 6, 2009]

§1435.313. Permanent transfer of acreage base histories under proportionate shares.

7 C.F.R. § 1435.313

(a)
A sugarcane producer on a farm may transfer all or a portion of the producer's acreage base history of land owned, operated, or controlled to any other farm in the State that the producer owns, operates, or controls under the Deputy Administrator-issued instructions. The transfer will reduce permanently the transferring farm's sugarcane acreage base history and increase the receiving farm's crop acreage base.
(1)
All farm owners must agree in writing to the transfer.
(2)
Producers may transfer sugarcane acreage base histories under this section by the date the State FSA committee establishes annually.
(b)
Sugarcane acreage base that has been converted to nonagricultural use on or before May 13, 2002, may be transferred to other land suitable for the production of sugarcane under the following terms:
(1)
CCC must notify 1 or more affected landowners within 90 days of becoming aware of the conversion, of their rights to transfer the base to 1 or more farms owned by the landowner;
(2)
The landowner has 90 days from the date the landowner was notified to transfer the base;
(3)
If the landowner does not exercise this transfer right, the grower of record will have 90 days after being notified by CCC to transfer the base to 1 or more farms owned by the grower;
(4)
If the transfers as specified under paragraphs (b)(2) or (3) of this section are not accomplished during the specified periods, FSA county committee will place the base into a pool for possible reassignment to other farms;
(5)
After providing notice to farm owners, operators and growers of record in the county, the committee will accept requests from farm owners, operators, and growers in the county;
(6)
The county committee will assign the base to other sugarcane farms in the county that are eligible and capable of accepting the acreage base, based on a random drawing among requests received under paragraph (b)(5) of this section;
(7)
Any unassigned base will be made available to the State FSA committee and be allocated to remaining FSA county committees in the State representing counties with farms eligible for assignment of the base, based on a random drawing; and
(8)
After the acreage base has been reassigned, the acreage base will remain on the farm and subject to the transfer provisions of paragraph (a) of this section.
Notes, amendments, and revision history

Amendments

[67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15367, Apr. 6, 2009]

Authority

Authority: 7 U.S.C. 1359aa-1359jj, 7272, and 8110; 15 U.S.C. 714b and 714c.

Source

Source: 67 FR 54928, Aug. 26, 2002, unless otherwise noted.

Amendments

[67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15367, Apr. 6, 2009]

§1435.314. Temporary transfer of proportionate share due to disasters.

7 C.F.R. § 1435.314

(a)
If, for reasons beyond the control of a producer on a farm, such producer is unable to harvest sugarcane acreage relative to all or a portion of the proportionate share established for the farm, the Secretary may preserve, on producer application and written consent of all owners of the farm, for a period of not more than 5 consecutive years, the acreage base history of the farm to the extent of the proportionate share involved.
(b)
Such proportionate share may be transferred, with the written consent of all owners of the farm, for 1 crop year to other farm owners or operators subject to the following conditions:
(1)
The acreage base history of the transferring farm will be preserved for a period from 1 to 5 years; and
(2)
Acreage base history will not be increased on the receiving farm.
(c)
Producers who transfer a proportionate share under this section will be required to:
(1)
Initiate the transfer in the county FSA office where the proportionate shares are established; and
(2)
Obtain approval from the transferring county FSA committee.
(d)
All transfers made under this section must be completed by the date the State FSA committee establishes.
Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 1359aa-1359jj, 7272, and 8110; 15 U.S.C. 714b and 714c.

Source

Source: 67 FR 54928, Aug. 26, 2002, unless otherwise noted.

§1435.315. Adjustments to proportionate shares.

7 C.F.R. § 1435.315

Whenever CCC determines that, because of a natural disaster or other condition beyond the control of producers adversely affecting a sugarcane crop, the amount of sugarcane produced by producers subject to proportionate shares will not be sufficient to enable state processors to produce sufficient sugar to meet the State's cane sugar allotment and provide a normal carryover of sugar, CCC may uniformly allow producers to harvest sugarcane in excess of their proportionate shares, or suspend proportionate shares entirely.
Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 1359aa-1359jj, 7272, and 8110; 15 U.S.C. 714b and 714c.

Source

Source: 67 FR 54928, Aug. 26, 2002, unless otherwise noted.

§1435.316. Acreage reports for purposes of proportionate shares.

7 C.F.R. § 1435.316

(a)
A report of planted and failed acreage shall be required on farms that produce sugarcane for sugar or seed. Such report shall also specify the total acreage intended for harvest for sugar and seed.
(b)
The reports required under paragraph (a) of this section shall be on forms prescribed by CCC and shall be filed annually with the county FSA committee by the applicable final reporting date CCC establishes. The farm operator or farm owner shall file such reports.
(c)
Acreage reports will be used to determine compliance with proportionate shares and acreage bases for future proportionate shares.
(d)
An acreage report may be accepted after the established date for reporting if physical evidence is still available for inspection that may be used to make a determination relative to:
(1)
Existence of the crop;
(2)
Use made of the crop;
(3)
Lack of crop; or
(4)
Disaster condition affecting the crop.
(e)
The farm operator shall pay the cost of a farm visit by an authorized FSA employee unless the county FSA committee has determined that failure to report in a timely manner was beyond the producer's control.
(f)
The farm operator may revise an acreage report. Revised reports shall be filed in accordance with CCC instructions and shall be accepted at any time if:
(1)
Evidence exists for inspection and determination of—
(i)
Existence of the crop;
(ii)
Use made of the crop;
(iii)
Lack of crop; or
(iv)
Disaster condition affecting the crops.
(2)
The farm has not already been inspected and the acreage already determined or harvesting of sugarcane already begun.
(g)
Provisions of part 718 of this chapter will apply for field inspections, tolerance, and variance. Assessments for false acreage reporting will be applied under § 1435.318.
Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 1359aa-1359jj, 7272, and 8110; 15 U.S.C. 714b and 714c.

Source

Source: 67 FR 54928, Aug. 26, 2002, unless otherwise noted.