cfr_sections
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50 rows where agency = "CCC" and part_number = 1435 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:10.1.2.2.22.1.342.1 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | A | Subpart A—General Provisions | § 1435.1 Applicability. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15363, Apr. 6, 2009; 80 FR 141, Jan. 2, 2015] | (a) The regulations in this part specify the terms and conditions under which the Farm Service Agency (FSA) will administer the Sugar Program for the Commodity Credit Corporation (CCC) to: (1) Make loans and enter agreements with eligible processors, (2) Collect data from sugarcane processors, sugar beet processors, cane refiners, and importers of sugar, syrup, and molasses, (3) Administer sugar marketing allotments, and (4) Administer an inventory disposition program to sell CCC inventory to bioenergy producers and exchange CCC inventory for processor reductions in production or certificates of quota entry. (b) [Reserved] | |||
| 7:7:10.1.2.2.22.1.342.2 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | A | Subpart A—General Provisions | § 1435.2 Definitions. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 69 FR 55062, Sept. 13, 2004; 74 FR 15363, Apr. 6, 2009] | The definitions set forth in this section are applicable for all purposes of program administration. Terms defined in part 718 of this title are also applicable. Ability to market means, for purposes of determining the State cane sugar allotments and sugarcane processor allocations for Hawaii and Puerto Rico, the estimated quantity of sugar, raw value, as CCC determines, that will be produced in the cane State or by the sugarcane processor, as appropriate, during the applicable crop year; for determining the remaining State cane sugar allotments, the highest single year of sugar production for the State during the 1999 through 2003 crop years; for determining the sugarcane processor allocations for mainland cane States other than Louisiana, the highest single year of sugar production for the processor during the 1999 through 2003 crop years; and, for determining the sugarcane processor allocations for Louisiana, the simple average of two amounts for each processor, including: (1) The production of sugar for the processor, stated in short tons, raw value, during Crop Year 2003, as determined by CCC; and (2) The simple average of 3 years of the processor's production of sugar, stated in short tons, raw value, from among the 1999 through 2003 crop years, excluding the year in which the production was the highest and the year in which the production was the lowest. With respect to the 2003 crop year, each processor's production shall be the same as determined under paragraph (1). Allocation means the division of the beet sugar allotment among the sugar beet processors in the United States and the division of each State's cane sugar allotment among the State's sugarcane processors. Beet sugar means sugar that is processed directly or indirectly from sugar beets, sugar beet molasses, or in-process beet sugar, whether produced domestically or imported. Beet sugar allotment means that portion of the overall allotment quantity allocated to sugar beet processors. CCC means the Commodity Credit Corporation. Can… | |||
| 7:7:10.1.2.2.22.1.342.3 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | A | Subpart A—General Provisions | § 1435.3 Maintenance of records. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15364, Apr. 6, 2009] | (a) Each sugar beet processor, sugarcane processor, importer of sugars, syrups and molasses, and cane sugar refiner or any person having custody of records required by CCC to operate the sugar program must retain such books, records, accounts, and other written or electronic data for not less than 3 years from the date: (1) A loan is disbursed under subpart B; (2) Market data are reported to CCC under subpart C of this part; and (3) Marketings are conducted under marketing allotments under subpart D of this part. (b) [Reserved] | |||
| 7:7:10.1.2.2.22.1.342.4 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | A | Subpart A—General Provisions | § 1435.4 Administration. | CCC | (a) This program shall be administered under the general supervision of the Executive Vice President, CCC, and may be carried out in the field by FSA State and county committees. (b) State and county committees, and representatives and employees thereof, may not modify or waive any of the provisions of part 1435. (c) The State committee shall take any action required by this part that the county committee has not taken. The State committee shall also: (1) Correct, or require a county committee to correct, a county committee action not under this part; or (2) Require a county committee to withhold taking any action not under this part. (d) No provision or delegation herein to a State or county committee shall preclude the Executive Vice President, CCC, from determining any question arising under the program or from reversing or modifying any State or county committee determination. (e) The Deputy Administrator may authorize State and county committees to waive or modify deadlines and other program requirements in cases where lateness or failure to meet such requirements do not adversely affect program operation. (f) A CCC representative may execute loans and related documents only under the terms and conditions CCC determines and announces. Any such document not executed under such terms and conditions, including any purported execution before the CCC-authorized date, shall be null and void. | ||||
| 7:7:10.1.2.2.22.1.342.5 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | A | Subpart A—General Provisions | § 1435.5 Other regulations. | CCC | The following are applicable to this part: (a) Part 707—Payments due persons who have died, disappeared, or have been declared incompetent. (b) Part 718—Provisions applicable to multiple programs. (c) Part 780—Appeal regulations. (d) Part 1403—Debt settlement policies and procedures. (e) Part 1405—Loans, purchases, and other operations. | ||||
| 7:7:10.1.2.2.22.2.342.1 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | B | Subpart B—Sugar Loan Program | § 1435.100 Applicability. | CCC | (a) The regulations of this subpart set forth the terms and conditions under which CCC will make nonrecourse loans available to eligible processors. Additional terms and conditions are set forth in the loan application and note and security agreement that a processor must execute to receive a loan. (b) Loan rates used in administering the loan program are available in FSA State and county offices. (c) Loans shall not be available for sugar produced from imported sugar beets, sugarcane, molasses, syrups and in-process sugar. | ||||
| 7:7:10.1.2.2.22.2.342.2 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | B | Subpart B—Sugar Loan Program | § 1435.101 Loan rates. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15364, Apr. 6, 2009; 80 FR 141, Jan. 2, 2015; 86 FR 70708, Dec. 13, 2021] | (a) The national average loan rate for raw cane sugar produced from domestically grown sugarcane may be established based on rates that comply with applicable statutes, and may be adjusted by CCC to reflect grade, type, quality, and other factors as applicable. (b) The national average loan rate for refined beet sugar from domestically grown sugar beets may be established based on rates that comply with applicable statutes, and may be adjusted by CCC to reflect grade, type, quality, and other factors as applicable (c) Loan rates for eligible sugar are adjusted to reflect the processing location of the sugar offered as loan collateral. (d) Loan rates for eligible in-process sugar shall equal 80 percent of the loan rate applicable to raw cane sugar or beet sugar on the basis of the expected production of raw sugar or beet sugar from the in-process sugar or syrups. | |||
| 7:7:10.1.2.2.22.2.342.3 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | B | Subpart B—Sugar Loan Program | § 1435.102 Eligibility requirements. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15364, Apr. 6, 2009] | (a) An eligible producer is the owner of a portion or all of the domestically-grown sugar beets or sugarcane, including share rent landowners, at both the time of harvest and the time of delivery to the processor, except those producers determined to be ineligible as a result of the regulations governing highly erodible land and wetland conservation found at 7 CFR part 12, regulations governing crop insurance at 7 CFR part 400, or regulations governing controlled substance violations at 7 CFR part 718. (b) In addition to all other provisions of this part, a sugar beet or sugarcane processor is eligible for loans only if the processor has agreed to all the terms and conditions in the loan application, and has executed a note and security agreement, and storage agreement with CCC. No loan proceeds will be distributed by CCC before CCC's approval of the note and security agreement and the CCC storage agreement. (c) Sugar pledged as collateral during the crop year: (1) May not exceed the quantity derived from processing domestically-grown sugar beets or sugarcane from eligible producers during the applicable crop year; (2) Must be processed and owned by the eligible processor and stored in a CCC-approved warehouse; (3) May not have been processed from imported sugarcane, sugar beets in-process sugars, or molasses; (4) Must have been processed in the United States; and (5) Must have processor certification in the loan application that the sugar or in-process sugar syrups are eligible and available to be pledged as collateral. (d) Sugar and in-process sugar must meet the following minimum quality requirements to be eligible to be pledged as loan collateral: (1) Refined beet sugar to be pledged as loan collateral must be: (i) Dry and free flowing; (ii) Free of excessive sediment; and (iii) Free of any objectionable color, flavor, odor, or other characteristic that would impair its merchantability or that would impair or prevent its use for normal commercial purposes. (2) Raw cane sugar to be pledged as loan… | |||
| 7:7:10.1.2.2.22.2.342.4 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | B | Subpart B—Sugar Loan Program | § 1435.103 Availability, disbursement, and maturity of loans. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15364, Apr. 6, 2009] | (a) Before obtaining a loan, a processor must: (1) File a loan application, as CCC prescribes, no earlier than October 1 and no later than September 30 of the applicable crop year, with the State committee of the State where such processor is headquartered, or with a county committee designated by the State committee. (2) Execute a note and security agreement, and storage agreement with CCC; (3) Provide quantity and quality information as prescribed by CCC of the commodity to be pledged as collateral; (4) Pay CCC a loan service fee, as determined by CCC, for the disbursement of each loan. (5) If there are any liens or encumbrances on sugar or in-process sugar pledged as loan collateral, obtain waivers that fully protect CCC's interest even though the liens or encumbrances are satisfied from the loan proceeds. No additional liens or encumbrances shall be placed on the sugar after loan approval; and (6) Agree to reimburse CCC for any costs incurred as a result of the failure of the processor to obtain the waivers specified in subparagraph (5). (b) No loan proceeds may be disbursed until the sugar and in-process sugar have actually been produced and are otherwise established as being eligible to be pledged as loan collateral. (c)(1) A processor may, within the loan availability period, repledge as collateral sugar that previously served as loan collateral for a repaid loan. In making application for such a loan, the processor shall: (i) Specify that the loan collateral should be treated as a quantity of eligible sugar that previously served as loan collateral for a repaid loan; and (ii) Designate the loan to which the reoffered loan collateral was originally pledged. (2) The subsequent loan shall have the same maturity date as the original loan. (3) Loan collateral repledged that was previously redeemed from CCC is not included in determining the total quantity of sugar on which loans have been obtained for purposes of § 1435.102. (d) Raw cane sugar loan disbursements shall be made without regard to the… | |||
| 7:7:10.1.2.2.22.2.342.5 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | B | Subpart B—Sugar Loan Program | § 1435.104 Loan maintenance. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15364, Apr. 6, 2009] | (a) All processors receiving loans shall: (1) Abide by the terms and conditions of the loan application, note and security agreement and storage agreement; (2) Pay interest on the principal at a rate determined in part 1405 of this chapter. (b) The security interests CCC obtains as a result of the execution of security agreements by sugarcane and sugar beet processors shall be superior to all statutory and common law liens on raw cane sugar, refined beet sugar, and in-process sugar for the producers of sugarcane and sugar beets and all prior recorded and unrecorded liens on the crops of sugarcane and sugar beets from which the sugar was derived. (c) A processor receiving a loan under this part shall pay all eligible producers who have delivered or will deliver sugar beets or sugarcane to such processors for processing not less than the minimum payment levels CCC specifies for the applicable crop year. (1) In the case of sugar beets, the minimum payment shall not exceed the rate of payment provided for under the applicable contract between a sugar beet producer and a sugar beet processor. (2) In the case of sugarcane, CCC will annually determine and announce the annual grower minimum payment. (3) Processors are ineligible for loans for the crop year following their failure to meet the required minimum grower payment. (d)(1) A processor shall maintain eligible sugar or in-process sugar of sufficient quality and quantity as collateral to satisfy the processor's loan indebtedness to CCC. CCC shall not assume any loss in quantity or quality of the loan collateral. (2) The processor is responsible for storage costs through the loan maturity date or title transfer to CCC, whichever occurs later. (3) Sugar and in-process sugar pledged as loan collateral need not be stored identity preserved. (4) When the proceeds of the sale of loan collateral are needed to repay all or part of a sugar loan, the processor may request and obtain prior written approval from the loan making office by executing a loan collateral r… | |||
| 7:7:10.1.2.2.22.2.342.6 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | B | Subpart B—Sugar Loan Program | § 1435.105 Loan settlement and foreclosure. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15364, Apr. 6, 2009] | (a) A processor may, any time before loan maturity, redeem all or any part of the loan collateral by paying CCC the applicable principal and interest. (b) Forfeiture of sugar loan collateral will be accepted as payment in full of the principal and interest due under a nonrecourse loan, subject to applicable premiums and discounts based on the difference between specifications reported on the sugar loan certification report and actual loadout characteristics. (c)(1) Forfeiture of in-process sugar serving as loan collateral will be accepted as payment in full of principal and interest if the processor converts the in-process sugar into raw cane sugar or refined beet sugar of acceptable grade and quality for sugar eligible for loans within 1 month of loan maturity. (2) The in-process sugar must be fully processed into raw cane sugar or refined beet sugar, before the processor shall transfer the sugar to CCC. (3) On transfer of the sugar, CCC shall make a payment to the processor in an amount equal to the amount obtained by multiplying the difference between the loan rate for raw cane sugar or refined beet sugar, as appropriate, and the in-process loan rate the processor received by the quantity of sugar transferred to CCC. The loan agreement shall specify the quantity of sugar that can be forfeited to CCC. (d) If the processor does not forfeit the collateral, but instead further processes the in-process sugar into raw cane sugar or refined beet sugar and repays the loan on the in-process sugar; (1) the processor may obtain a loan for the raw cane sugar or refined beet sugar, as appropriate, and (2) the term of a loan made under this subsection for a quantity of in-process sugar, when combined with the term of a loan made for the raw cane sugar or refined beet sugar derived from the in-process sugar, may not exceed 9 months. (e) CCC shall not accept delivery of sugar in settlement of a nonrecourse loan in excess of the quantity of sugar that is shown on the note and security agreement minus any quantity that … | |||
| 7:7:10.1.2.2.22.2.342.7 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | B | Subpart B—Sugar Loan Program | § 1435.106 Miscellaneous provisions. | CCC | (a) The regulations governing setoffs and withholding set forth at parts 3 and 1403 of this title are applicable to the program set forth in this subpart. (b) A producer or processor may obtain reconsideration and review of determinations made under this subpart under the regulations at parts 11 and 780 of this title. (c) Any false certification, including those made for the purpose of enabling a processor to obtain a loan to which it is not entitled, will subject the person making such certification to liability under applicable Federal civil and criminal statutes. | ||||
| 7:7:10.1.2.2.22.3.342.1 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | C | Subpart C—Information Reporting and Recordkeeping Requirements | § 1435.200 Information reporting. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 71 FR 16200, Mar. 31, 2006; 74 FR 15365, Apr. 6, 2009] | (a) Every sugar beet processor, sugarcane processor, cane sugar refiner, and importer of sugar, syrup, and molasses shall report, by the 20th of each month, on CCC-required forms, its imports and receipts, processing inputs, production, distribution, stocks, and other information necessary to administer the sugar programs. If the 20th of the month falls on a weekend or a Federal holiday, the report shall be due the next business day. (b) Any processor must, upon CCC's request, provide such information as CCC deems appropriate for determining regional loan rates. (c) Any processor must, upon CCC's request, provide such information as CCC deems appropriate for determining whether processors of sugarcane or sugar beets will be able to market their respective sugar allocations. (d) Each sugarcane producer located in Louisiana shall report, in the manner CCC prescribes, sugarcane yields and sugarcane planted acres. (e) Importers of sugars, syrups, or molasses to be used for domestic human consumption or to be used for the extraction of sugar for domestic human consumption must report such information as CCC requires, including the quantities of the products imported and the sugar content or equivalent of the products. (f) The Secretary will collect information on the production, consumption, stocks and trade of sugar in Mexico and publish the data in each edition of the World Agricultural Supply and Demand Estimates report. (g) The Secretary will collect publicly available information on the production, consumption, and trade of high fructose corn syrup in Mexico and publish the data in each edition of the World Agricultural Supply and Demand Estimates report. (h) Based on the information received under this subsection, the Secretary shall publish on a monthly basis composite data on sugar production, imports, distribution, and stock levels. (i) By November 20 of each year, sugar beet processors, sugarcane processors, sugarcane refiners, and importers of sugars, syrups, and molasses, as selected by CCC, will s… | |||
| 7:7:10.1.2.2.22.3.342.2 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | C | Subpart C—Information Reporting and Recordkeeping Requirements | § 1435.201 Civil penalties. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15635, Apr. 6, 2009; 75 FR 17561, Apr. 7, 2010] | (a) Any processor, refiner, or importer of sugar, syrup, and molasses who willfully fails or refuses to furnish the information, or who willfully furnishes false data required under § 1435.200(a) through (e), is subject to a civil penalty of no more than the amount specified at § 3.91(b)(10)(ii) of this title for each such violation. (b) The Controller, CCC, shall assess civil penalties and interest. (c) Affected processors, refiners, and importers of sugar, syrup, and molasses may request reconsideration of civil penalties by filing a request, within 30 days of receipt of certified written notification from the Controller, CCC, of such assessment of civil penalties, with the Executive Vice President, CCC, Stop 0501, 1400 Independence Ave. SW., Washington, DC 20250-0501. (d) After reconsideration, affected processors, refiners, or importers of sugar, syrup, and molasses may appeal civil penalties by filing a notice of appeal, within 30 calendar days of receipt of certified written notification from the Executive Vice President, CCC, of an affirmation of the assessment of civil penalties, with the National Appeals Division under part 780 of this title. | |||
| 7:7:10.1.2.2.22.4.342.1 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.300 Applicability. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15365, Apr. 6, 2009] | (a) This subpart applies to the establishment and allocation of marketing allotments for: (1) Processor marketings of sugar domestically processed from sugar beets or in-process beet sugar, whether such sugar beets or in-process beet sugar were produced domestically or imported, (2) Processor marketings of sugar processed from sugarcane, (3) Distribution of a processor's allocation to producers in proportionate share States, and (4) Harvesting sugarcane by producers subject to proportionate shares. (b) This subpart does not apply to marketing imported raw or refined sugar. (c) This subpart applies throughout the United States and Puerto Rico. | |||
| 7:7:10.1.2.2.22.4.342.10 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.309 Reassignment of deficits. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 69 FR 55063, Sept. 13, 2004; 69 FR 58037, Sept. 29, 2004; 70 FR 28181, May 17, 2005; 74 FR 15366, Apr. 6, 2009] | (a) CCC will determine, from time to time, whether sugar beet or sugarcane processors will be unable to market their allocations. (b) Sugar beet and sugar cane processors will report to CCC current inventories, estimated production, expected marketings, and any other pertinent factors CCC deems appropriate to determine a processor's ability to market their allocation. (c) If CCC determines a sugarcane processor will be unable to market its full allocation for the crop year in which an allotment is in effect, the deficit will be reassigned as follows: (1) First, to allocations of other sugarcane processors within that State based on each processor's initial allocation share of the State's allotment, but no processor may receive reassigned allocation such that its allocation exceeds its estimated total sugar supply. (2) If the deficit cannot be eliminated after reassignment within the same State, be reassigned to the other cane States based on each State's initial share of the cane sugar allotment, but no State may receive reassigned State allotment such that its allocation exceeds its estimated total sugar supply, with the reassigned quantity to each State being allocated according to paragraph (c)(1) of this section. (3) If the deficit cannot be eliminated by paragraphs (c)(1) and (c)(2) of this section, be reassigned to CCC. CCC shall sell such quantity from inventory unless CCC determines such sales would have a significant effect on the sugar price. (4) If any portion of the deficit remains after paragraphs (c)(1), (c)(2), and (c)(3) of this section have been implemented, be reassigned to imports of raw cane sugar. (d) The initial estimate of the sugarcane deficit will be reassigned by June 1. CCC will conduct later reassignments if CCC determines, after June 1, that a sugarcane processor will be unable to market its full allocation. (e) If CCC determines that a sugar beet processor is unable to market its full allocation for the crop year in which an allotment is in effect, the deficit will: (1) Firs… | |||
| 7:7:10.1.2.2.22.4.342.11 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.310 Sharing processors' allocations with producers. | CCC | [67 FR 54926, Aug. 26, 2002, as amended at 69 FR 39813, July 1, 2004; 74 FR 15366, Apr. 6, 2009] | (a) Every sugar beet and sugarcane processor must provide CCC a certification that: (1) The processor intends to share its allocation among its producers fairly and equitably, and in a manner adequately reflecting each producer's production history, and (2) The processor has, in the previous allotment year, shared its allocation among producers fairly and equitably, reflecting each producer's production history. If a processor is unable to provide such certification, CCC may reduce or eliminate its marketing allocation. (b) CCC will determine that a processor in a proportionate share state has met the conditions of paragraph (a) of this section if the processor establishes a grower payment plan that incorporates the following provisions: (1) Pays growers for sugar from their delivered sugarcane in the following priority: (i) Sugar production from proportionate share acreage; as established under § 1435.311, for producers determined by CCC, who; (A) Delivered to the mill in at least one of the crop years 1999, 2000, or 2001, or (B) Obtained an allocation transfer from a predecessor mill, (ii) Sugar production from base acreage, as established under § 1435.312, but exclusive of the acreage described in paragraph (b)(1)(i) of this section, for producers who meet the requirements of paragraph (b)(1)(i) of this section, then (iii) All other sugar production. (2) In determining the payment priority, a processor may aggregate the acreage of an operator (producer making the crop production decisions) across all the operator's farms delivering cane to the processor. (c) CCC will determine that a processor not in a proportionate share state, which is cooperatively owned by producers, has met the conditions of paragraph (a) of this section if the processor shares its allocation with its producers according to its cooperative membership agreement. (d) CCC will disclose farm base and reported acres data in a proportionate share state to processors upon their request for growers delivering to their mill. In the cas… | |||
| 7:7:10.1.2.2.22.4.342.12 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.311 Proportionate shares for sugarcane producers. | CCC | (a) Proportionate shares and the provisions of this section and §§ 1435.312 through 1435.316 apply only to Louisiana sugarcane farms. (b) CCC will determine whether Louisiana sugar production, in the absence of proportionate shares, will exceed the quantity needed to enable processors to fill the State cane sugar allotment and provide a normal carryover inventory. If the determination is made that the quantity of sugar produced in Louisiana, plus a normal carryover inventory, will exceed the State's allotment, CCC will establish for each sugarcane producing farm a proportionate share that limits the sugarcane acreage that may be harvested on the farm for sugar or seed. (c) For purposes of determining proportionate shares CCC will: (1) Establish the State's per-acre yield goal at a level not less than the average per-acre yield in the State for the 2 highest years from among the 1999 through 2001 crop years; (2) Adjust the per-acre yield goal by the State average recovery rate; (3) Convert the State cane sugar allotment into a State acreage allotment by dividing the State allotment by the adjusted per-acre yield goal; (4) Establish a uniform reduction percentage for the crop by dividing the State acreage allotment by the sum of all adjusted acreage bases in the State as determined under § 1435.312; and (5) Apply the uniform reduction percentage to the acreage base established for each sugarcane producing farm in the State to determine the farm's proportionate share of sugarcane acreage that may be harvested for sugar or seed. | ||||
| 7:7:10.1.2.2.22.4.342.13 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.312 Establishment of acreage bases under proportionate shares. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15367, Apr. 6, 2009] | (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. | |||
| 7:7:10.1.2.2.22.4.342.14 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.313 Permanent transfer of acreage base histories under proportionate shares. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15367, Apr. 6, 2009] | (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 c… | |||
| 7:7:10.1.2.2.22.4.342.15 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.314 Temporary transfer of proportionate share due to disasters. | CCC | (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. | ||||
| 7:7:10.1.2.2.22.4.342.16 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.315 Adjustments to proportionate shares. | CCC | 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. | ||||
| 7:7:10.1.2.2.22.4.342.17 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.316 Acreage reports for purposes of proportionate shares. | CCC | (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. | ||||
| 7:7:10.1.2.2.22.4.342.18 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.317 Revisions of allocations and proportionate shares. | CCC | The Executive Vice President, CCC, may modify any processor's allocation or any producer's proportionate share on the same basis as the initial allocation or proportionate share was required to be established. | ||||
| 7:7:10.1.2.2.22.4.342.19 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.318 Penalties and assessments. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15367, Apr. 6, 2009; 75 FR 17561, Apr. 7, 2010] | (a) Any sugar beet or sugarcane processor who knowingly markets sugar or sugar products in excess of the processor's allocation will be liable to CCC for a civil penalty in an amount equal to 3 times the U.S. market value, at the time the violation was committed, of that quantity of sugar involved in the violation. (b) CCC may assess liquidated damages, as specified in a surplus allocation survey and agreement, with respect to a surplus allocation still existing after the end of a crop year if the processor had a surplus allocation because the processor provided incomplete or erroneous information to CCC. (c) Under § 359f(c)(5) of the Agricultural Adjustment Act of 1938, as amended, any producer of sugarcane whose farm has a proportionate share, and who knowingly harvests or allows to be harvested an acreage of sugarcane for sugar or seed in excess of the farm's proportionate share shall pay to CCC a civil penalty in an amount equal to 1.5 times the U.S. market value of the quantity of sugar that is marketed by the processor of such sugarcane in excess of the allocation of such processor, for the year in which the violation was committed. However, civil penalties will not be assessed when the producer harvests acreage for sugar or seed in excess of the farm's proportionate share, if the excess sugarcane harvested is: (1) Processed by a sugarcane processor that does not exceed its marketing allocation; or (2) Diverted to a use other than sugar or seed if: (i) The sugarcane producer requests and pays for a CCC field inspection, and (ii) CCC verifies the disposition of the excess harvest is not for sugar or seed. (d) Any penalty assessed under paragraph (b) of this section shall be prorated among the producers of all sugarcane acquired by the processor from excess acres. (e) Any person filing a false acreage report that exceeds tolerance will be subject to an assessment not to exceed the amount specified at § 3.91(b)(10)(iii) of this title. Whenever the failure of a producer to comply fully with the terms an… | |||
| 7:7:10.1.2.2.22.4.342.2 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.301 Annual estimates and quarterly re-estimates. | CCC | [67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15365, Apr. 6, 2009] | (a) Not later than August 1 before the beginning of the crop year, CCC will estimate, and make re-estimates as necessary but not later than the beginning of each quarter of such crop year, the: (1) Quantity of sugar that will be subject to human consumption in the United States during the crop year; (2) Quantity of sugar that will provide for reasonable carryover stocks; (3) Quantity of sugar that will be used for human consumption in the United States from carry-in stocks; (4) Quantity of sugar that will be available from domestically processed sugarcane, sugar beets, and in-process beet sugar; and (5) Quantity of sugars, syrups, and molasses that will be imported for human consumption or for the extraction of sugar for human consumption in the United States and Puerto Rico (other than sugar imported for the production of polyhydric alcohol or to be refined and re-exported in refined form or in sugar-containing products), whether such articles are included in a tariff-rate quota or not. (b) Calculation of all allotments, allocations, estimates, and re-estimates in this subpart will use available USDA statistics and estimates of production, consumption, and stocks, taking into account, where appropriate, data supplied in reports submitted pursuant to the reporting requirements set forth in § 1435.200. | |||
| 7:7:10.1.2.2.22.4.342.20 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.319 Appeals and arbitration. | CCC | [67 FR 54926, Aug. 26, 2002, as amended at 69 FR 39814, July 1, 2004] | (a) A person adversely affected by any determination made under this subpart may request reconsideration of such determination by filing a written request with the Executive Vice President, CCC, detailing the basis of the request within 10 days of such determination. Such a request must be submitted at: Executive Vice President, CCC, Stop 0501, 1400 Independence Ave., SW, Washington, DC 20250-0501. (b) For issues arising under section 359d establishing allocations for marketing allotments, and sections 359f(b) and (c), and section 359i of the Agricultural Adjustment Act of 1938, as amended, after completion of the process provided in paragraph (a) of this section, a person adversely affected by a reconsidered determination may appeal such determination by filing a written notice of appeal within 20 days of the issuance of the reconsidered determination with the Hearing Clerk, USDA, Room 1081, South Building, 1400 Independence Ave., SW., Washington, DC 20250-9200. Any hearing conducted under this paragraph shall be in accordance with instructions issued by USDA's Judicial Officer. (c) For issues arising under §§ 359a-359c, 359e, and 359g of the Agricultural Adjustment Act of 1938, as amended, after completion of the process provided in paragraph (a) of this section, a person adversely affected by the reconsidered determination may appeal such determination by filing a written notice of appeal with the Director, National Appeals Division, USDA, as provided in part 11 of this title. For issues arising under § 359f(a) of the Agricultural Adjustment Act of 1938, as amended, such disputes shall be resolved through arbitration under the direction of the Executive Vice President, CCC. A request for arbitration must be filed in writing at the address specified in paragraph (a) of this section. | |||
| 7:7:10.1.2.2.22.4.342.3 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.302 Establishment of allotments. | CCC | [74 FR 15365, Apr. 6, 2009] | (a) By the beginning of the crop year, CCC will establish the overall allotment quantity, beet sugar and cane sugar allotments, State cane sugar allotments, and allocations for processors marketing sugar domestically processed from sugarcane, sugar beets, or in-process beet sugar, whether the sugar beets or in-process beet sugar is domestically produced or imported at a level: (1) That is sufficient to maintain raw and refined sugar prices above minimum prices to avoid forfeiture of loans to the CCC, but (2) Not less that 85 percent of estimated quantity of sugar for domestic human consumption for the crop year. (b) Determinations under this section to establish marketing allotments will be published in the Federal Register and accompanied by a statement of the reasons for the determination. | |||
| 7:7:10.1.2.2.22.4.342.4 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.303 Adjustment of the overall allotment quantity. | CCC | [67 FR 54928, Aug. 26, 2002. Redesignated and amended at 74 FR 15365, Apr. 6, 2009] | (a) The overall allotment quantity may be adjusted, as CCC determines appropriate, but never to a quantity less than 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year: (1) To avoid forfeiture of sugar loan collateral to CCC, (2) Ensure adequate supplies of raw and refined sugar in the domestic market, and, (3) To reflect changes in estimated sugar consumption, stocks, production, or imports based on re-estimates under § 1435.301. (b) Determinations to adjust the overall allotment quantity will be published in the Federal Register and accompanied by a statement of the reasons for the determination. (c) The beet sugar allotment, cane sugar allotment, State cane sugar allotments, proportionate shares, and allocations to each sugar beet processor and sugarcane processor will be increased or decreased, as appropriate, to reflect an overall allotment quantity adjustment. (d) If the overall allotment quantity is reduced under paragraph (a) of this section and the quantity of sugar and sugar products any individual processor marketed by the time of the reduction exceeds the processor's reduced allocation, the quantity of excess sugar or sugar products marketed will be deducted from the processor's allocation under an allotment next established. | |||
| 7:7:10.1.2.2.22.4.342.5 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.304 Beet and cane sugar allotments. | CCC | [67 FR 54928, Aug. 26, 2002. Redesignated at 74 FR 15365, Apr. 6, 2009] | (a) The allotment for beet sugar will be 54.35 percent of the overall allotment quantity. (b) The allotment for cane sugar will be 45.65 percent of the overall allotment quantity. (c) A sugar beet processor allocated a share of the beet sugar allotment may use only beet sugar to fill such allocation. A sugarcane processor allocated a share of the cane sugar allotment may use only cane sugar to fill such allocation. | |||
| 7:7:10.1.2.2.22.4.342.6 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.305 State cane sugar allotments. | CCC | [67 FR 54928, Aug. 26, 2002. Redesignated and amended at 74 FR 15365, Apr. 6, 2009] | (a) Hawaii and Puerto Rico will be allotted a total of 325,000 short tons, raw value, of the cane sugar allotment. (b) A new entrant cane State will receive an allotment to accommodate a new processor's allocation under 1435.308. (c) Subject to paragraphs (a) and (b) of this section, the remaining cane States will be allotted, in aggregate, the remaining cane sugar allotment. (d) The individual cane State allotments, other than a new entrant cane State, will be based on: (1) Past marketings of cane sugar, (2) Past processing of cane sugar, and (3) The ability to market the sugar covered under the allotment assigned to the State. (e) Past marketings and past processings will each be weighted by 0.25 and the ability to market will be weighted by 0.50 in determining the States' respective cane sugar allotments. The weights may be adjusted, as CCC deems appropriate, for the crop year. (f) Except when deficits are reassigned as provided in § 1435.309, a processor may fill an allocation of a cane sugar allotment only with sugar processed from sugarcane grown in the State for which the allotment was established. | |||
| 7:7:10.1.2.2.22.4.342.7 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.306 Allocation of marketing allotments to processors. | CCC | [67 FR 54926, Aug. 26, 2002, as amended at 69 FR 39813, July 1, 2004. Redesignated and amended at 74 FR 15365, Apr. 6, 2009] | (a) Each sugar beet processor's allocation, other than a new entrant's, of the beet allotment will be calculated as the beet processor's share times the beet sector allotment: (1) A beet processor's share is calculated as the beet processor's adjusted weighted average sugar production divided by the sum of all beet processors' adjusted weighted average sugar production. (2) A beet processor's weighted average sugar production equals 0.25 times its 1998-crop sugar production plus 0.35 times its 1999-crop sugar production plus 0.40 times its 2000-crop sugar production, with the 2000 sugar PIK payments added to its 2000-crop sugar production. (3) A beet processor's weighted average sugar production shall be adjusted by the following, as CCC determines: (i) Increased 1.25 percent of the sum of all beet processors' weighted average sugar production for opening a sugar beet processing factory during the 1996 through 2000 crop years; (ii) Decreased 1.25 percent of the sum of beet processors' weighted average sugar production for closing a sugar beet processing factory during the 1998 through 2000 crop years: (iii) Increased 0.25 percent of the sum of all beet processors' weighted average sugar production for opening a molasses desugarization facility during the 1998 through 2000 crop years; and (iv) Increased 1.25 percent of the sum of all beet processors' weighted average sugar production for suffering a substantial quality loss on stored beets, as CCC determines, during the 1998 through 2000 crop years. (b) Each sugarcane processor's, other than a new entrant's, allocation from a State cane sugar allotment will be calculated as the cane processor's share times the State cane sector allotment. (1) Each cane processor's share will be calculated as the processor's production base divided by the sum of the State's processor production bases. (2) A processor's production base is the sum of 0.50 times its ability to market plus 0.25 times its past processings plus 0.25 times its past marketings. These weights may … | |||
| 7:7:10.1.2.2.22.4.342.8 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.307 Transfer of allocation. | CCC | [74 FR 15366, Apr. 6, 2009] | (a) If a sugarcane processing facility is sold or transferred to another owner or is closed as part of a corporate consolidation CCC will transfer the allotment allocation to the purchaser or successor. (b) In proportionate share States, allocations, based on the number of acres of sugarcane base being transferred and the pro rata amount reflecting the grower's contribution to allocation of the processor for the sugarcane base being transferred, will be transferred between facilities if the transfers are based on: (1) Written consent of the crop-share owners, or their representatives, (2) Written certification from the processor that will accept the additional sugarcane deliveries that its processing capacity will not be exceeded, (3) CCC will only consider requests for transfer of allocation submitted during the month of May. The request must include the grower's sugar production history for crop years 1997 through 2003. The facility with the grower's history will be required to certify the history when requested by the grower, and (4) Allocation transfers will be effective for the next fiscal year after the request is submitted to CCC, that is beginning October 1. (c) If a sugar beet processing facility or a sugarcane processing facility located in a non-proportionate share State is closed, and the growers that delivered their crops to the closed facility elect to deliver their crops to another processor, the growers may petition the Executive Vice President, CCC, to transfer their share of the allocation from the processor that closed the facility to their new processor. If CCC approves transfer of the allocations, it will distribute the closed facility's allocation based on the contribution of the growers' production history to the closed facility's allocation. CCC may grant the allocation transfer upon: (1) Written request by a grower to transfer allocation, (2) Written approval of the processor that will accept the additional deliveries, (3) Evidence satisfactory to CCC that the new processor has t… | |||
| 7:7:10.1.2.2.22.4.342.9 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | D | Subpart D—Flexible Marketing Allotments For Sugar | § 1435.308 New entrants. | CCC | [74 FR 15366, Apr. 6, 2009] | (a) The Secretary may assign a new entrant sugarcane processor an allocation that provides a fair, efficient, and equitable distribution of allocations: (1) Applicants must demonstrate their ability to process, produce, and market sugar for the applicable crop year, (2) CCC will consider any adverse effects of the allocation upon existing processors and producers, (3) CCC will conduct a hearing on a new entrant application if an interested processor or grower requests a hearing, (4) A new entrant's allocation is limited to no more than 50,000 short tons, raw value, for the first crop year, and (5) A new entrant will be provided, as determined by CCC: (i) A share of its State's cane allotment if the processor is located in Hawaii, Florida, Louisiana, or Texas or (ii) A share of the overall mainland cane allotment if the processor is located in any mainland State not listed in paragraph (a)(5)(i) of this section. (b) For proportionate share States, CCC will establish proportionate shares for the sugarcane required to fill the allocation. (c) If a new entrant beet processor constructs a new facility or reopens a facility that currently has no allocation, but last produced beet sugar from sugar beets and sugar beet molasses prior to the 1998 crop year, CCC will: (1) Assign an allocation to the new entrant to enable it to achieve a facility utilization rate comparable to other similarly-situated sugar beet processors and (2) Reduce all other beet processor allocations by a like amount on a pro rata basis. (d) If a new entrant acquires an existing facility with production history that processed sugar beets for the 1998 or subsequent crop year, CCC will: (1) Assign the allocation to the buyer to reflect the historical contribution of the sold facilities, unless the buyer and seller have agreed upon a different allocation amount, or (2) If the new entrant and the processor holding the allocation of the existing facility cannot agree on an allocation amount, the new entrant will be denied a beet sugar alloca… | |||
| 7:7:10.1.2.2.22.5.342.1 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | E | Subpart E—Disposition of CCC Inventory | § 1435.400 General statement. | CCC | This subpart will be applicable in the event that raw, refined, or in-process sugar is owned and held in CCC inventory (accumulated under the program authorized by section 156 of the Federal Agriculture Improvement and Reform Act, as amended) as specified in subpart B of this part. | ||||
| 7:7:10.1.2.2.22.5.342.2 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | E | Subpart E—Disposition of CCC Inventory | § 1435.401 CCC sugar inventory disposition. | CCC | (a) CCC will dispose of inventory in the following manner, if CCC has not determined there is an emergency shortage of sugar for human consumption in the domestic market: (1) By sale to bioenergy producers under the Feedstock Flexibility Program as specified in subpart G of this part, (2) By transfer to sugarcane and sugar beet processors under the Processor Sugar Payment-In-Kind Program as specified in subpart F of this part, (3) By the buyback of certificates of quota eligibility (CQEs), or (4) By the use of any other authority for the disposition of CCC-owned sugar for nonfood use or otherwise in a manner that does not increase the net quantity of sugar available for human consumption in the United States. (b) CCC may use any of its authority for the disposition of CCC-owned sugar, if CCC has determined there is an emergency shortage of sugar for human consumption in the domestic market caused by war, flood, hurricane, or other natural disaster, or similar event, as determined by CCC. | ||||
| 7:7:10.1.2.2.22.6.342.1 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | F | Subpart F—Processor Sugar Payment-In-Kind (PIK) Program | § 1435.500 General statement. | CCC | [67 FR 54928, Aug. 26, 2002. Redesignated at 74 FR 15367, Apr. 6, 2009] | This subpart shall be applicable to sugar beet and sugarcane processors throughout the United States who, acting in conjunction with the producers of the sugarcane or sugar beets processed by the processors, reduce sugar production in return for a payment of sugar from CCC when CCC determines that such action will reduce forfeitures of sugar pledged as collateral for a CCC loan. | |||
| 7:7:10.1.2.2.22.6.342.2 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | F | Subpart F—Processor Sugar Payment-In-Kind (PIK) Program | § 1435.501 Bid submission procedures. | CCC | [67 FR 54928, Aug. 26, 2002. Redesignated at 74 FR 15367, Apr. 6, 2009] | (a) After announcement by CCC that a program authorized by this subpart is in effect, processors who desire to participate in the program must submit a bid to CCC, on a form prescribed by CCC, that specifies: (1) For a program involving acreage diversion, the amount of acreage to be reduced by producers who have contracts for delivery of sugar beets or sugar cane to the processor and contains the information CCC determines necessary to conduct the program and includes but is not limited to: (i) The number of acres that the processor, acting in conjunction with the producers, will divert; (ii) The previous consecutive 3-year simple average sugar beet or sugarcane yield on that acreage while under contract (years with no production contracted with a producer will not be considered (for first-time producers, however, the previous consecutive 3-year simple average sugar beet or sugarcane yield for all the producers under contract who delivered to the applicable factory will be used); (iii) The previous 3-year simple average sugar content of the producer's beets or sugarcane (for first-time producers, the previous 3-year simple average sugar content for all beets or cane delivered to that factory will be used); (iv) The processor's previous 3-year simple average recovery rate (for processors that have not been fully operational during the last 3 years, the simple average for those years that they were fully operational); (v) The value of CCC sugar to be received as payment; and (vi) Other information CCC deems necessary for program administration; or (2) The sugar production capacity to be removed from production by the processor. (b) The following acreage is ineligible for enrollment in the PIK program: (1) If planted, acreage not currently under contract for delivery of sugar beets to a sugar beet processor or sugarcane to a sugarcane processor for sugar production. (2) If planted, acreage that is not harvestable, (3) Acreage devoted to roads or other non-producing areas, or (4) If planted, acreage on w… | |||
| 7:7:10.1.2.2.22.6.342.3 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | F | Subpart F—Processor Sugar Payment-In-Kind (PIK) Program | § 1435.502 Bid selection procedures. | CCC | [67 FR 54928, Aug. 26, 2002. Redesignated at 74 FR 15367, Apr. 6, 2009] | (a) For bids in which the processor offers to remove acreage of sugar beets or sugarcane from production, CCC will rank bids on the basis of the bid amount as a percentage of the expected sugar produced from the retired acreage. Bids with the lowest of such percentages will be selected first. In the case of identical bids, selection may be based on random selection or pro rata shares, as CCC deems appropriate. (b) CCC will reject bids for which the bid amounts exceed the expected sugar produced from the retired acreage. (c) For bids in which the processor offers to remove sugar production capacity from production, CCC will rank the bids on the basis of the capacity to be removed from production. (d) All acceptable bids specified in paragraphs (a) and (c) of this section will be further reviewed by CCC and ranked in order of the greatest reduction in sugar program that can be achieved at the lowest cost to CCC. | |||
| 7:7:10.1.2.2.22.6.342.4 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | F | Subpart F—Processor Sugar Payment-In-Kind (PIK) Program | § 1435.503 In-kind payments. | CCC | [67 FR 54928, Aug. 26, 2002. Redesignated at 74 FR 15367, Apr. 6, 2009] | (a) CCC will, through such methods as CCC deems appropriate, make payments in the form of sugar held in CCC inventory. (b) To the maximum extent practicable, CCC will use its inventory in making an in-kind payment based on the following priority: (1) CCC-owned sugar held in storage by the processor; (2) CCC-owned sugar held in storage by any other processor in the same region as the producer; (3) CCC-owned sugar held in storage by any other processor that is not in the same region as the producer; and (4) CCC-owned sugar held in storage anywhere in the United States, if CCC determines that such sugar is eligible to be used for in-kind payments. (c) The value of CCC-owned inventory is dependent upon the storage location of the sugar and the type of sugar (raw or refined). CCC will announce the value of its inventory before bid solicitation. Accordingly, the quantity of sugar CCC will provide in terms of an in-kind payment to a processor will be determined by dividing: (1) The total of the processor's bid amount that CCC accepts, by (2) The value of CCC's inventory at the storage location at which title will transfer from CCC to the processor. | |||
| 7:7:10.1.2.2.22.6.342.5 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | F | Subpart F—Processor Sugar Payment-In-Kind (PIK) Program | § 1435.504 Timing of distribution of CCC-owned sugar. | CCC | [67 FR 54928, Aug. 26, 2002. Redesignated at 74 FR 15367, Apr. 6, 2009] | Distribution of sugar from CCC inventory will occur in such manner as CCC determines appropriate. | |||
| 7:7:10.1.2.2.22.6.342.6 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | F | Subpart F—Processor Sugar Payment-In-Kind (PIK) Program | § 1435.505 Miscellaneous provisions. | CCC | [67 FR 54928, Aug. 26, 2002. Redesignated at 74 FR 15367, Apr. 6, 2009] | (a) CCC may permit processors to bid, in lieu of acreage, desugarizing capacity or other measures of sugar production as CCC determines. (b) The contract shall provide for the payment of liquidated damages if a processor fails to comply with the obligations specified in the CCC production diversion contract. (c) CCC will transfer title of the sugar to the processor by notifying the processor or assignee that the sugar is available. CCC will stop storage payments on this sugar on the date of transfer. | |||
| 7:7:10.1.2.2.22.7.342.1 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | G | Subpart G—Feedstock Flexibility Program | § 1435.600 General statement. | CCC | (a) The provisions of this subpart will be applied when CCC determines that buying sugar is necessary to avoid forfeitures of sugar pledged as collateral for CCC sugar loans. (b) This subpart will be applicable to: (1) Any sugar seller who contractts with CCC to sell sugar, an (2) Any bioenergy producer who contracts with CCC to purchase sugar for the production of bioenergy. | ||||
| 7:7:10.1.2.2.22.7.342.2 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | G | Subpart G—Feedstock Flexibility Program | § 1435.601 Sugar surplus determination and public announcement. | CCC | (a) CCC will estimate by September 1 the quantity of sugar that will be made available for purchase and sale under FFP for the following crop year. (b) Not later than January 1, April 1, and July 1 of the fiscal year, CCC will re-estimate the quantity of sugar that will be made available for purchase and sale under the FFP for the crop year. (c) CCC will announce by press release the estimates in paragraphs (a) and (b) of this section, which will reflect CCC's forecast of sugar likely to be forfeited to CCC and any uncertainty surrounding that forecast. | ||||
| 7:7:10.1.2.2.22.7.342.3 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | G | Subpart G—Feedstock Flexibility Program | § 1435.602 Eligible sugar to be purchased by CCC. | CCC | (a) CCC will only purchase raw sugar, refined sugar, or in-process sugar for FFP that is eligible to be used as collateral under the CCC Sugar Loan Program, as specified in § 1435.102. (b) Raw sugar, refined sugar, or in-process sugar purchased directly from any domestic sugar beet or sugarcane processor that made the raw sugar, refined sugar, or in-process sugar will be credited against the processor's sugar marketing allocation. (The definition for “marketing” in § 1435.2 applies to this subpart.) (c) CCC will only purchase sugar located in the United States. (d) CCC will evaluate an offer to sell sugar to CCC based upon CCC's estimate of the reduction in refined sugar supply available for human consumption due to the purchase. For example, if processing thick juice (an in-process sugar) would yield 70 percent sugar for human consumption, then CCC will only consider 70 percent of the volume of the thick juice in evaluating the per unit sales price. (e) CCC will only purchase the sugar if such purchase would reduce the likelihood of forfeitures of CCC sugar loans, as determined by CCC. | ||||
| 7:7:10.1.2.2.22.7.342.4 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | G | Subpart G—Feedstock Flexibility Program | § 1435.603 Eligible sugar seller. | CCC | (a) To be considered an eligible sugar seller, the sugar seller must be located in the United States. (b) [Reserved] | ||||
| 7:7:10.1.2.2.22.7.342.5 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | G | Subpart G—Feedstock Flexibility Program | § 1435.604 Eligible sugar buyer. | CCC | (a) To be considered an eligible sugar buyer, the bioenergy producer must produce bioenergy products, including fuel grade ethanol or other biofuels. (b) [Reserved] | ||||
| 7:7:10.1.2.2.22.7.342.6 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | G | Subpart G—Feedstock Flexibility Program | § 1435.605 Competitive procedures. | CCC | (a) CCC will generally issue tenders for bids, before entering into contracts with any eligible sugar seller or buyer, with the intent of selecting the bid(s) that represents the least cost to CCC of removing sugar from the market. (b) CCC may, at times, negotiate contracts directly with sellers or buyers, if CCC determines that such negotiation will result in either reduced likelihood of forfeited sugar under the CCC sugar loan program or reduced costs of removing sugar from the market, which will reduce the likelihood of forfeitures of sugar to CCC. | ||||
| 7:7:10.1.2.2.22.7.342.7 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | G | Subpart G—Feedstock Flexibility Program | § 1435.606 Miscellaneous. | CCC | (a) As a sugar buyer, a bioenergy producer must take possession of the sugar no more than 30 days from the date of CCC's purchase. (b) CCC, to the maximum extent practicable, will not pay storage fees for the sugar purchased under this program. A bioenergy producer must assume any storage costs accrued from date of contract to date of taking possession of the sugar. (c) Each bioenergy producer that purchases sugar through FFP must provide proof as specified by CCC that the sugar has been used in the bioenergy factory for the production of bioenergy and permit access for USDA to verify compliance. | ||||
| 7:7:10.1.2.2.22.7.342.8 | 7 | Agriculture | XIV | B | 1435 | PART 1435—SUGAR PROGRAM | G | Subpart G—Feedstock Flexibility Program | § 1435.607 Appeals. | CCC | (a) The administrative appeal regulations of parts 11 and 780 of this title apply to this part. (b) [Reserved] |
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