[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: 7CFR723.301]

[Page 141]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 723--TOBACCO--Table of Contents
 
 Subpart C--Tobacco Subject to Quota, Exemptions From Quotas, Marketing 
                  Cards, and General Penalty Provisions
 
Sec. 723.301  Identification of tobacco subject to quota.


    (a) Except as provided in paragraphs (b) and (c) of this section, 
any tobacco which is determined by a representative of the State FSA 
committee or county FSA committee to have the same appearance and 
characteristics as a kind of tobacco for which marketing quotas are in 
effect shall be deemed to be a quota kind of tobacco. Such tobacco shall 
continue to be deemed a quota kind of tobacco unless it has been 
certified by the Agricultural Marketing Service, U.S. Department of 
Agriculture, under the Tobacco Inspection Act (7 U.S.C. 511) and 
implementing regulations (7 CFR part 30), prior to removal of the 
tobacco from the State where it was produced, as a kind of tobacco not 
subject to marketing quotas.
    (b) Any kind of tobacco for which marketing quotas are not in effect 
that is produced in a State where marketing quotas are in effect for any 
kind of tobacco shall be subject to the quota for the kind of tobacco 
for which marketing quotas are in effect in that State. If marketing 
quotas are in effect in a State for more than one kind of tobacco, 
nonquota tobacco produced in the State shall be subject to the quota for 
the kind of quota tobacco produced in the State having the highest price 
support under the Agricultural Act of 1949.
    (c) Paragraph (b) of this section shall not apply to:
    (1) Maryland (type 32) tobacco when it is nonquota tobacco and 
produced on a farm for which a marketing quota for Maryland (type 32) 
tobacco was established when marketing quotas for such kind of tobacco 
were last in effect (1965);
    (2) Cigar-filler (type 41) tobacco when it is nonquota tobacco and 
produced in Pennsylvania;
    (3) Cigar-wrapper (types 61 and 62) tobacco when it is nonquota 
tobacco and produced in Connecticut, Massachusetts, Georgia or Florida;
    (4) Tobacco produced in a quota State that is represented to be 
nonquota tobacco and that is readily and distinguishably different from 
all kinds of quota tobacco, as determined by the Agricultural Marketing 
Service, U.S. Department of Agriculture, through application of the 
standards issued by the Secretary for the inspection and identification 
of tobacco. Such inspection and identification shall be made prior to 
removal of the tobacco from the State where it was produced; and
    (5) Tobacco which is nonquota tobacco and produced in a quota area 
in which the total of the acreage allotments for quota tobacco 
established for farms is less than twenty acres.