Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of the Reconstruction Finance Corporation, Farm Credit Administration, Federal Crop Insurance Corporation, Farmers' Home Corporation, any Federal intermediate credit bank, or the Federal Farm Mortgage Corporation, or any division, officer, or employee thereof, or of any corporation organized under sections 1131-1134m of Title 12, or in which a Production Credit Corporation holds stock, or of any regional agricultural credit corporation established pursuant to law, or of the National Agricultural Credit Corporation, a Federal Home Loan Bank, the Federal Home Loan Bank Board, the Home Owners' Loan Corporation, a Federal Savings and Loan Association, a Federal land bank, a jointstock land bank, a National farm loan association, or of a Federal Reserve Bank, upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more than $5,000 or imprisoned not more than two years, or both. (18 U. S. C. 1014)

Whoever, while acting in any official capacity in the administration of any Act of Congress relating to crop insurance or to the Federal Crop Insurance Corporation speculates in any agricultural commodity or product thereof, to which such enactments apply, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity or product, shall be fined not more than $10,000 or imprisoned not more than two years, or both. (18 U. S. C. 1903)

SUGAR ACT OF 1948, AS AMENDED

EXPLANATORY NOTE

The first statute authorizing the imposition of sugar quotas on all areas supplying the United States market, including the mainland cane sugar area, the domestic beet sugar areas, and Hawaii, Puerto Rico, and the Virgin Islands, was the Jones-Costigan Sugar Act, approved in May 1934, which was an amendment to the Agricultural Adjustment Act of 1933. This act also authorized the Secretary to impose a processing tax on sugar and to enter into contracts with domestic growers providing for payments on a production limited to area quotas. In 1936 the production control and processing tax provisions of the Agricultural Adjustment Act were invalidated in the case of United States v. Butler (297 U. S. 1); however, sugar quotas were continued in effect and were subsequently revised and reenacted in the Sugar Act of 1937. The act of 1937 also provided for payments to producers of sugarcane and sugar beets who complied with specified conditions relating to child labor, farm wages, acreage allotments, soil conservation, and for payments to producers, who were also processors and who have paid to other producers fair prices for sugar beets or sugarcane.

The Sugar Act of 1948, enacted in August 1947, reenacted the Sugar Act of 1937 with certain changes, the most important of which related to the determination of the annual estimate of sugar consumption and the establishment of annual area sugar quotas. The constitutional validity of the quota provisions of the Sugar Act of 1948 has been upheld in the case of Secretary of Agriculture v. Central Roig Refining Company et al., 338 U. S. 604. The act was amended in 1951 (65 Stat. 318), in 1956 (70 Stat. 217) and in 1958 (72 Stat. 950).

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PART VI

SUGAR ACT OF 1948, AS AMENDED 1

AN ACT

To regulate commerce among the several States, with the Territories and possessions of the United States, and with foreign countries; to protect the welfare of consumers of sugars and of those engaged in the domestic sugarproducing industry; to promote the export trade of the United States; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Sugar Act of 1948." (7 U. S. C. 1100)

TITLE I-DEFINITIONS

SEC. 101. For the purpose of this Act, except title V—

(a) The term "person" means an individual, partnership, corporation, or association. (7 U. S. C. 1101 (a))

(b) The term "sugars" means any grade or type of saccharine product derived from sugarcane or sugar beets, which contains sucrose, dextrose, or levulose. (7 U. S. Č. 1101 (b))

(c) The term "sugar" means raw sugar or direct-consumption sugar. (7 U. S. C. 1101 (c))

(d) The term "raw sugar" means any sugars (exclusive of liquid sugar from foreign countries having liquid sugar quotas), whether or not principally of crystalline structure, which are to be further refined or improved in quality to produce any sugars principally of crystalline structure or liquid sugar. (7 U. Š. C. 1101 (d))

(e) The term "direct-consumption sugar" means any sugars principally of crystalline structure and any liquid sugar (exclusive of liquid sugar from foreign countries having liquid sugar quotas) which are not to be further refined or improved in quality. U. S. C. 1101 (e)).

(f) The term "liquid sugar" means any sugars (exclusive of sirup of cane juice produced from sugarcane grown in continental United States) which are principally not of crystalline structure and which contain, or which are to be used for the production of any sugars principally not of crystalline structure which contain soluble nonsugar solids (excluding any foreign substances that may have been added or developed in the product) equal to 6 per centum or less of the total soluble solids. (7 U. S. Č. 1101 (f))

1 Approved August 8, 1947, 61 Stat. 922. The provisions of the Act are set forth as amended by the Act of September 1, 1951, 65 Stat. 318, and as further amended by the Act of May 29, 1956, 70 Stat. 217 and the Act of August 28, 1958, 72 Stat. 950. Sec. 22 of the Act of May 29, 1956 provides, "Except as otherwise provided, the amendments made hereby shall become effective as of January 1, 1956, except that sections 1 through 4 [amendments of paragraphs d, e, i, and n of section 101 of the Act] shall become effective upon publication in the Federal Register of regulations implementing such sections, or six months after the date of enactment of this Act, whichever is earlier." (7 U. S. C. 1101 note)

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(g) Sugars in dry amorphous form shall be considered to be principally of crystalline structure. (7 U. S. C. 1101 (g))

(h) The "raw value" of any quantity of sugars means its equivalent in terms of ordinary commercial raw sugar testing ninety-six sugar degrees by the polariscope, determined in accordance with regulations to be issued by the Secretary. The principal grades and types of sugar and liquid sugar shall be translated into terms of raw value in the following manner:

(1) For direct-consumption sugar, derived from sugar beets and testing ninety-two or more sugar degrees by the polariscope, by multiplying the number of pounds thereof by 1.07;

(2) For sugar, derived from sugarcane and testing ninety-two sugar degrees by the polariscope, by multiplying the number of pounds thereof by 0.93;

(3) For sugar, derived from sugarcane and testing more than ninety-two sugar degrees by the polariscope, by multiplying the number of pounds thereof by the figure obtained by adding to 0.93 the result of multiplying 0.0175 by the number of degrees and fractions of a degree of polarization above ninety-two degrees;

(4) For sugar and liquid sugar, testing less than ninety-two sugar degrees by the polariscope, by dividing the number of pounds of the "total sugar content" thereof by 0.972.

(5) The Secretary may establish rates for translating sugar and liquid sugar into terms of raw value for (a) any grade or type of sugar or liquid sugar not provided for in the foregoing and (b) any special grade or type of sugar or liquid sugar for which he determines that the raw value cannot be measured adequately under the provisions of paragraphs (1) to (4), inclusive, of this subsection (h). (7 U. S. C. 1101 (h))

(i) The term "total sugar content" means the sum of the sucrose and reducing or invert sugars contained in any grade or type of sugar or liquid sugar. (7 U. S. C. 1101 (i))

(j) The term "quota," depending upon the context, means (1) that quantity of sugar or liquid sugar which may be brought or imported into the continental United States, for consumption therein, during any calendar year, from the Territory of Hawaii, Puerto Rico, the Virgin Islands, or a foreign country or group of foreign countries; (2) that quantity of sugar or liquid sugar produced from sugar beets or sugarcane grown in the continental United States which, during any calendar year, may be shipped, transported, or marketed in interstate commerce, or in competition with sugar or liquid sugar shipped, transported, or marketed in interstate or foreign commerce; or (3) that quantity of sugar or liquid sugar which may be marketed in the Territory of Hawaii or in Puerto Rico, for consumption therein, during any calendar year. (7 U. S. C. 1101 (j))

(k) The term "producer" means a person who is the legal owner, at the time of harvest or abandonment, of a portion or all of a crop of sugar beets or sugarcane grown on a farm for the extraction of sugar or liquid sugar. (7 U. S. C. 1101 (k))

(1) The terms "including" and "include" shall not be deemed to exclude anything not mentioned but otherwise within the meaning of the term defined. (7 U. S. C. 1101 (1))

(m) The term "Secretary" means the Secretary of Agriculture. (7 U. S. C. 1101 (m))

(n) The term 'to be further refined or improved in quality' means to be subjected substantially to the processes of (1) affination or defecation, (2) clarification, and (3) further purification by adsorption or crystallization. The Secretary is authorized, after such hearing and upon such notice as he may by regulations prescribe, to determine whether specific processes to which sugars are subjected are sufficient to meet the requirements of this paragraph (n) and whether sugars of specific qualities are raw sugar within the meaning of paragraph (d) of this section, or direct-consumption sugar within the meaning of paragraph (e) of this section. ^(7 U. Š. C. 1101

(n))

TITLE II-QUOTA PROVISIONS

ANNUAL ESTIMATE OF CONSUMPTION IN CONTINENTAL UNITED STATES

SEC. 201. The Secretary shall determine for each calendar year, beginning with the calendar year 1948, the amount of sugar needed to meet the requirements of consumers in the continental United States; such determinations shall be made during the month of December in each year for the succeeding calendar year (in the case of the calendar year 1948, during the first ten days thereof) and at such other times during such calendar year as the Secretary may deem necessary to meet such requirements. In making such determinations the Secretary shall use as a basis the quantity of directconsumption sugar distributed for consumption, as indicated by official statistics of the Department of Agriculture, during the twelve-month period ending October 31 next preceding the calendar year for which the determination is being made, and shall make allowances for a deficiency or surplus in inventories of sugar, and for changes in consumption because of changes in population and demand conditions, as computed from statistics published by agencies of the Federal Government; and, in order that such determinations shall be made so as to protect the welfare of consumers and of those engaged in the domestic sugar industry by providing such supply of sugar as will be consumed at prices which will not be excessive to consumers and which will fairly and equitably maintain and protect the welfare of the domestic sugar industry, the Secretary, in making any such determination, in addition to the consumption, inventory, population, and demand factors above specified and the level and trend of consumer purchasing power, shall take into consideration the relationship between the prices at wholesale for refined sugar that would result from such determination and the general cost of living in the United States as compared with the relationship between prices at wholesale for refined sugar and the general cost of living in the United States obtaining during 1947-1949 as indicated by the Consumers' Price Index as published by the Bureau of Labor Statistics of the Department of Labor. (7 U. S. C. 1111)

PRORATION OF QUOTAS

SEC. 202. Whenever a determination is made, pursuant to section 201, of the amount of sugar needed to meet the requirements of con