[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: 7CFR723.213]

[Page 117]
 
                          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. 723.213  Approval of acreage allotments and marketing quotas and notices to farm operators.

    (a) Review by State FSA committee. All farm yields, acreage 
allotments, and marketing quotas shall be determined by the county FSA 
committee of the county in which the farm is located and shall be 
reviewed by a representative of the State FSA committee.
    (b) Notice to farm operator. An official notice of the effective 
farm acreage allotment or farm marketing quota shall be mailed to the 
operator of each farm shown by the records of the county FSA committee 
to be entitled to an allotment or quota. The notice to the operator of 
the farm shall constitute notice to all persons who as operator, 
landlord, tenant, or sharecropper are interested in the farm for which 
the allotment or quota is established. Insofar as practicable, all 
notices shall be mailed in time to be received prior to the date of any 
tobacco marketing quota or acreage allotment referendum. A copy of such 
notice containing the date of mailing or a printout summary of such data 
shall be maintained for not less than 30 days in a conspicuous place in 
the county FSA office and shall thereafter be kept available for public 
inspection in the office of the county FSA committee. A copy of the 
notice of acreage allotment or marketing quota certified as true and 
correct shall be furnished to any person interested in the farm for 
which the allotment or quota is established.
    (c) Marketing quota erroneous notice. (1) If the official written 
notice of the farm acreage allotment and marketing quota issued for any 
farm erroneously stated an acreage allotment or marketing quota larger 
than the correct effective farm acreage allotment or marketing quota, 
the acreage allotment or marketing quota shown on the erroneous notice 
shall be deemed to be the tobacco acreage allotment or marketing quota 
for the farm for the current year only, if the county FSA committee 
determines (with the approval of the State Executive Director) that the:
    (i) Error was not so gross as to place the operator on notice 
thereof, and
    (ii) Operator, relying upon such notice and acting in good faith, 
materially changes the operator's position with respect to the 
production of the crop.
    (2) Undermarketings and overmarketings for farms for which the 
erroneous notice of marketing quota is applied shall be determined based 
on the correct effective farm marketing quota.
    (3) For purposes of determining history acreage the correct acreage 
allotment shall be used, in determining whether or not 75 percent of the 
allotment has been planted.

[55 FR 39914, Oct. 1, 1990, as amended at 63 FR 11582, Mar. 10, 1998]