[Code of Federal Regulations]
[Title 7, Volume 7]
[Revised as of January 1, 2002]
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

[[Page 115]]

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 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]