[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR723.209]

[Page 114-115]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 723--TOBACCO--Table of Contents
 
     Subpart B--Allotments, Quotas, Yields, Transfers, Release and 
           Reapportionment, History Acreages, and Forfeitures
 
Sec. 723.209  Determination of acreage allotments, marketing quotas, yields for combined farms; and special tobacco combinations.

    (a) Burley tobacco. The farm yield for a combined burley farm shall 
be the weighted average of the tract yields for the tracts being 
combined. The weighted average shall be the summation of the extensions 
of each respective tract's contribution percentage times the tract's 
yield.
    (b) Flue-cured tobacco. Flue-cured farm acreage allotments, history 
acreages, and other basic data for combined farms shall be computed for 
the base period in accordance with part 718 of this chapter, except that 
the preliminary farm yield for a combined farm shall be the weighted 
average of the tract yields for the tracts that comprise the 
combination. The weighted average shall be the summation of the 
extensions of each respective tract's contribution percentage times the 
tract's yield. The farm yield for the combined farm shall be determined 
by multiplying the preliminary farm yield for the combined farm by the 
national yield factor for the current year.
    (c) Special tobacco combinations. Notwithstanding other provision of 
this title, the Deputy Administrator may, upon proper application and to 
the extent deemed consistent with other obligations, permit farms, with 
respect to

[[Page 115]]

tobacco allotments and tobacco quotas, to be considered combined for 
purposes of this part and part 1464 of this title only without being 
combined for other purposes. This allowance shall apply for tobacco of 
all kinds and types and with respect to all farms even if one or more of 
the farms to be combined is the subject of a production flexibility 
contract (PFC) executed in connection with the program operated under 
the provisions of 7 CFR part 1412. Such special, limited combinations 
must otherwise meet the requirements of 7 CFR part 718 for combinations, 
except the signature (consent) requirements of Sec. 718.201(a)(2) of 
that part. The Deputy Administrator may set such consent requirements 
for special farm combinations under this section as the Deputy 
Administrator believes necessary or appropriate. Further, in any case in 
which one of the farms is a PFC farm, none of the land on any PFC farm 
that would have been used for the production of tobacco can be used for 
the production of a ``PFC commodity'' as defined in this section. Such 
permission shall be conditioned upon the agreement of all interested 
parties that land on the PFC allotment or quota farm that would have 
been used for the production of tobacco shall not be used for the 
production of any PFC commodity. In the event that such production 
nonetheless occurs, the special tobacco combination may be made void, 
retroactive to the date of original approval. Such curative action will 
likely result in a finding of excess tobacco plantings and sanctions and 
remedies, which would likely include liability for penalties and other 
sanctions for excess marketings of tobacco. The Deputy Administrator may 
set such other conditions on the combinations as needed or deemed 
appropriate to serve the goals of the tobacco program and the goals of 
the PFC. The term PFC commodity for purposes of this section means 
wheat, corn, grain sorghum, barley, oats, upland cotton, and rice.

[55 FR 39914, Oct. 1, 1990, as amended at 62 FR 15600, Apr. 2, 1997; 63 
FR 9128, Feb. 24, 1998; 63 FR 26714, May 14, 1998]