Public Law 338.

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(/us/pl/76/337)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That section 313 ofAgricultural Adjustment Act of 1938, amendment.[52 Stat. 47](/us/stat/52/47).[7 U. S. C., Supp. IV, §§ 1313 (a)–(f)](/us/usc/t7/s1313/a–f).National marketing quota for tobacco.Conversion of State marketing quota into State acreage allotment; basis. the Agricultural Adjustment Act of 1938, as amended, is amended by addition of the following new subsection:

" “(g) Notwithstanding any other provision of this section, the Secretary on the basis of average yield per acre of tobacco for the State during the five years last preceding the year in which the national marketing quota is proclaimed, adjusted for abnormal conditions of production, may convert the State marketing quota into a State acreage allotment, and allot the same through the local committeesAllotments through local committees; basis. among farms on the basis of the factors set forth in subsection (b), using past acreage (harvested and diverted) in lieu of the past marketing of tobacco; and the Secretary on the basis of the nationalConversion of amount reserved from national quota. average yield during the same period, similarly adjusted, may also convert into an acreage allotment the amount reserved from the national quota pursuant to the provisions of subsection (c), and on the basis of the factors set forth in subsection

(c)and the past tobacco experience of the farm operator, allot the same through the local committees among farms on which no tobacco was produced during the last five years. Except for farms last mentioned or a farmFarm-acreage allotment increase. operated, controlled, or directed by a person who also operates, controls, or directs another farm on which tobacco is produced, the farm-acreage allotment shall be increased by the smaller of

(1)20 per centum of such allotment or

(2)the percentage by which the normal yield of such allotment (as determined through the local committees in accordance with regulations prescribed by the Secretary) 53 Stat. 1262is less than three thousand two hundred pounds, in the case of flue-cured tobacco, and two thousand four hundred pounds in the case of *Proviso*.Normal yield so added to acreage allotments deemed part of State marketing quota.Determination of farm marketing quota.other kinds of tobacco: *Provided*, That the normal yield of the estimated number of acres so added to farm acreage allotments in any State shall be considered as a part of the State marketing quota in applying the proviso in subsection (a). The actual production of the acreage allotment established for a farm pursuant to this subsection Marketing tobacco produced on a different farm.shall be the amount of the farm marketing quota. If any amount of tobacco shall be marketed as having been produced on the acreage allotment for any farm which in fact was produced on a different farm, the acreage allotments next established for both such farms shall be reduced by that percentage which such amount was of the respective farm marketing quota, except that such reduction for any such farm shall not be made if the Secretary through the local committees finds that no person connected with such farm caused, Penalty for evasion.aided, or acquiesced in such marketing; and if proof of the disposition of any amount of tobacco is not furnished as required by the Secretary, the acreage allotment next established for the farm on which such tobacco is produced shall be reduced by a percentage similarly computed.” " Approved, August 7, 1939. To amend the Agricultural Adjustment Act of 1938. 1939-08-07 565 Chapter 53 Stat. 1262 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-24 76 1 public [CHAPTER 565] AN ACT To amend the Agricultural Adjustment Act of 1938. August 7, 1939[[H. R. 6541](/us/bill/76/hr/6541)][[Public, No. 338](/us/pl/76/338)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Agricultural Adjustment Act of 1938, amendment.[52 Stat. 48](/us/stat/52/48).[7 U. S. C., Supp. IV, § 1314](/us/usc/t7/s1314).Tobacco.Penalties on marketing in excess of farm quotas. That section 314 of the Agricultural Adjustment Act of 1938, as amended, is amended by striking out the first sentence of said section and inserting in lieu thereof the following new sentence: “The marketing of any tobacco in excess of the marketing quota for the farm on which the tobacco is produced shall be subject to a penalty of 10 cents per pound in the case of flue-cured, Maryland, or Burley tobacco and 5 cents per pound in the case of all other kinds of tobacco.” Approved, August 7, 1939. To amend the Act of March 28, 1928 (45 Stat. 374), as amended, relating to the advance of funds in connection with the enforcement of Acts relating to narcotic drugs, so as to permit such advances in connection with the enforcement of the Marihuana Tax Act of 1937, and to permit advances of funds in connection with the enforcement of the customs laws. 1939-08-07 566 Chapter 53 Stat. 1262 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-24 76 1 public [CHAPTER 566] AN ACT To amend the Act of March 28, 1928 (45 Stat. 374), as amended, relating to the advance of funds in connection with the enforcement of Acts relating to narcotic drugs, so as to permit such advances in connection with the enforcement of the Marihuana Tax Act of 1937, and to permit advances of funds in connection with the enforcement of the customs laws. August 7, 1939[[H. R. 6555](/us/bill/76/hr/6555)][

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