In this subpart:

1. (1) Human consumption The term “human consumption”, when used in the context of a reference to sugar (whether in the form of sugar, in-process sugar, syrup, molasses, or in some other form) for human consumption, includes sugar for use in human food, beverages, or similar products.
2. (2) Mainland State The term “mainland State” means a State other than an offshore State.

3. (3) Market

   1. (A) In general The term “market” means to sell or otherwise dispose of in commerce in the United States.

   2. (B) Inclusions The term “market” includes—

      1. (i) the forfeiture of sugar under the loan program for sugar established under section 7272 of this title;
      2. (ii) with respect to any integrated processor and refiner, the movement of raw cane sugar into the refining process; and
      3. (iii) the sale of sugar for the production of ethanol or other bioenergy product, if the disposition of the sugar is administered by the Secretary under section 8110 of this title.
   3. (C) Marketing year Forfeited sugar described in subparagraph (B)(i) shall be considered to have been marketed during the crop year for which a loan is made under the loan program described in that subparagraph.
4. (4) Offshore State The term “offshore State” means a sugarcane producing State located outside of the continental United States.

5. (5) State Notwithstanding section 1301 of this title, the term “State” means—

   1. (A) a State;
   2. (B) the District of Columbia; and
   3. (C) the Commonwealth of Puerto Rico.
6. (6) United States The term “United States”, when used in a geographical sense, means all of the States.

(Feb. 16, 1938, ch. 30, title III, § 359a, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 187; amended Pub. L. 110–234, title I, § 1403(a), May 22, 2008, 122 Stat. 981; Pub. L. 110–246, § 4(a), title I, § 1403(a), June 18, 2008, 122 Stat. 1664, 1709.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 1359aa, act Feb. 16, 1938, ch. 30, title III, § 359a, as added Pub. L. 101–624, title IX, § 902, Nov. 28, 1990, 104 Stat. 3479; amended Pub. L. 102–237, title I, § 111(c), Dec. 13, 1991, 105 Stat. 1830, related to information reporting with respect to sugar and crystalline fructose marketing quotas, prior to the general amendment of this subpart by Pub. L. 107–171.

A prior section 359a of act Feb. 16, 1938, was renumbered section 359e and was classified to section 1359a of this title prior to repeal by Pub. L. 107–171.

Amendments

2008—Pub. L. 110–246, § 1403(a), added pars. (1) and (3) and redesignated former pars. (1) to (4) as (2), (4), (5), and (6), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.