[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: 7CFR723.210]

[Page 115-116]
 
                          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. 723.210  Corrections of errors and adjusting inequities in acreage allotments and marketing quotas for old farms.

    (a)(1) General. The allotment or quota for a farm under a long-term 
land use program agreement shall be given the same consideration under 
this section as the allotment or quota for any other old farm. 
Notwithstanding the limitations contained in any other section of this 
part, the farm acreage allotment or marketing quota for each kind of 
tobacco established for an old farm may be increased to correct an error 
or adjust an inequity if the county FSA committee determines, with the 
approval of a representative of the State FSA committee, that the 
increase is necessary to establish an allotment or quota for such farm 
which is fair and equitable in relation to the allotment or quota for 
other old farms in the county in which the farm is located. Correction 
of errors shall be made out of that portion of the national reserve held 
at the national level.
    (2) Burley tobacco. The reserve for adjusting inequities under this 
paragraph will be prorated to States based on the relationship of the 
total of the preliminary farm marketing quotas in each State to the 
national total of preliminary farm marketing quotas.
    (3) All kinds of tobacco except burley tobacco. The reserve for 
adjusting inequities under this paragraph will be prorated to States 
based on the relationship of the total preliminary farm acreage 
allotments in each State to the national total of preliminary farm 
acreage allotments.

[[Page 116]]

    (b) Basis for adjustment. Increases to adjust inequities in acreage 
allotments or marketing quotas shall be made on the basis of the past 
farm acreage, yields, and farm acreage allotments of tobacco, making due 
allowances for failed acreage and acreage prevented from being planted 
because of a natural disaster as determined under part 718 of this 
chapter; land, labor, and equipment available for the production of 
tobacco; crop rotation practices; and the soil and other physical 
factors affecting the production of tobacco. The total of all 
adjustments in old farm allotments or quotas under this paragraph shall 
not exceed the pounds apportioned to the county for such purpose.
    (c)(1) Burley tobacco. Adjustments in a farm marketing quota under 
this paragraph shall become a part of the farm marketing quota.
    (2) Flue-cured tobacco. Acreage apportioned to a farm under this 
section becomes a part of the farm acreage allotment. The farm marketing 
quota for such a farm shall be adjusted by multiplying the adjusted farm 
acreage allotment by the farm yield.
    (3) All other kinds of tobacco. For all other kinds of tobacco, 
acreage approved for a farm under this section becomes a part of the 
farm acreage allotment.
    (d) Making certain adjustments on a common ownership unit basis. 
Notwithstanding other provisions of this section, inequity adjustments 
may be allotted by common ownership unit rather than by farm when it is 
determined by the county FSA committee that the making of the allocation 
on that basis provides greater equity.

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