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5040
725.119 Reduction of acreage allot ment for violation of the marketing quota regulations for a prior marketing year.
a If tobacco was marketed or was per mitted to be marketed in any market ing year as having been produced on any farm which in fact was produced on a different farm, the acreage allotments established for both such farms for 1950 shall, be reduced by the amount of tobacco so marketed: Provided, That such reduction for any such farm shall not be made if the county committee de termines that no person connected with such farm caused, aided, or acquiesced in such marketing.
b The operator of the farm shall furnish complete and accurate proof of the disposition of all tobacco produced on the farm at such time and in such manner as will insure payment of the penalty due and in the event of refusal or failure for any reason to furnish such proof, the acreage allotment for the farm shall be reduced by that amount of to bacco with respect to which accurate proof of disposition has not been fur nished: Provided, That if the farm op erator establishes to the satisfaction of the county and State committees that failure to furnish such proof of disposi tion was unintentional on his part and that he could not reasonably have been expected to furnish accurate proof of disposition, reduction of the allotment will not be required if the failure to fur nish proof of disposition is corrected and payment of all additional penalty due is made.
c Any-reduction shall be made with respect to the 1950 farm acreage allot ment, provided it can be made prior to the delivery of the marketing card to the farm operator. If the reduction cannot be so made effective with respect to the 1950 crop, such reduction shall be made with respect to the farm acreage allot ment next established for the farm. This section shall not apply if the allotment for any prior year was reduced on ac count of the same violation.
d The amount of tobacco involved in the violation will be converted to an acreage basis by dividing such amount of tobacco by the actual yield for the farm during the year in which such to bacco was produced, or, if the actual yield cannot be determined, by the esti mated actual yield determined by the county committee for the farm for such year.
725.120 Reallocation of allotments released from farms removed from agri cultural production. The allotment de termined or which would have been de termined for any land which is removed from agricultural production for any purpose because of acquisition by any Federal, State, or other agency having a right of eminent domain shall be placed in a State pool and shall be available to the State committee for use in providing equitable allotments for farms owned or purchased by owners displaced because of acquisition of their farms by such agencies. Upon application to the county committee, within five years from the date of such acquisition of the farm, any owner so displaced shall be entitled to have an allotment for any other farm
RULES AND REGULATIONS
owned or purchased by him equal to an allotment which would have been deter mined for such other farm plus the allot ment which would have been determined for the farm so acquired : Provided, That such allotment shall not exceed 20 per cent of thé acreage of cropland on the farm in the case of Burley tobacco, and 50 percent of the acreage of cropland on the farm in the case of flue-cured tobacco.
The provisions of this section shall not be applicable if a there is any market ing quota penalty due with respect to the marketing of tobacco from the farm or by the owner of the farm at the time of its acquisition by the Federal, State, or other agency; b any tobacco pro duced on such farm has not been ac counted for as required by the Secretary;
or c the allotment next to be estab lished for the farm acquired by the Fed eral, State, or other agency would have been reduced because of false or improper identification of tobacco produced on or marketed from such farm.
725.121 Farms subdivided or com bined. r a If land operated as a single farm in 1949 will be operated in 1950 as two or more farms, the 1950 tobacco acreage allotment determined or which otherwise would have been determined for the entire farm shall be apportioned among the tracts in the same proportion as the acreage of cropland suitable for the production of tobacco in each such tract in such year bore to the total num ber of acres of cropland suitable for the production of tobacco on the entire farm in such year, except that if the farm to be subdivided in 1950 resulted from a combination of two separate and distinct farms prior to a combination in 1945 or any subsequent year, the allotment may be divided among such farms in the same proportion that each contributed to the farm acreage allotment: Provided, That with the recommendation of the county committee and approval of the State committee, the tobacco acreage allot ment determined for a tract under the provisions of this paragraph may be in creased or decreased by not more than the larger of one-tenth acre or 10 per cent of the 1950 acreage allotment de termined for the entire farm with cor responding increases or decreases made in the acreage allotment apportioned to the other tract or tracts.
b If two or more farms operated separately in 1949 are combined and op erated in 1950 as a single farm, the 1950
allotment shall be the sum of the 1950
allotments determined for each of the farms composing the combination or, in the case of Burley tobacco, if smaller, the allotment determined or which would have been determined for the farm as constituted in 1950.
c If a farm is to be subdivided in 1950 in settling an estate, the allotment may be divided among the various tracts in accordance with paragraph a of this section, or on such other basis as the State committee may prescribe.
725.122 Determination of normal yields. The normal yield for any old farm shall be that yield which the county committee determines is normal for the farm taking into consideration a the
yields obtained on the farm during the five years 1944-48; b the soil and other physical factors affecting the production of tobacco on the farm; and c the yields obtained on other farms in the locality which are similar with respect to such factors.
ACREAGE ALLOTMENTS AND NORMAL YIELDS
FOR N EW FARMS

725.123 Determination of acreage allotments for new farms. The acreage allotment, other than an allotment made under 725.120, for a new farm shall be that acreage which the county com mittee determines is fair and reasonable for the farm taking into consideration the past tobacco experience of the farm operator; the land, labor, and equip ment available for the production of to bacco; crop-rotation practices; and the soil and other physical factors affecting the production of tobacco: Provided, That the acreage allotment so deter mined shall not exceed in the case of Burley tobacco 50 percent of the allot ments for old Burley farms which are similar with respect to land, labor, and equipment available for the production of tobacco, crop-rotation practices, and the soil and other physical factors af fecting the production of tobacco; and in the case of flue-cured tobacco, the smaller of a 15 percent of the cropland in the farm including land from which a cultivated crop was harvested in 1949
or b 75 percent of the allotment for old flue-cured tobacco farms which are similar with respect to land, labor, and equipment available for the production of tobacco, crop-rotation practice, and the soil and other physical factors affect ing the production of tobacco.
Notwithstanding any other provisions of this section a tobacco acreage allot ment shall not be established for any new farm unless each of the following conditions has been met:
1 The farm operator shall have had experience in growing the kind of to bacco for which an allotment is re quested either as a share cropper, tenant, or as a farm operator during two of the past five years: Provided, however, That a farm operator who has been in the armed services shall be deemed to have met the requirements hereof if ho has had experience in growing the kind of tobacco for which an allotment is re quested during one year either within the five years immediately prior to his entry into the armed services or since his discharge from the armed services.
2 The farm operator shall live on and be largely dependent for his liveli hood on the farm covered by the applica tion.
3 The farm covered by the applica tion shall be the only farm owned or op erated by the owner or farm operator for which a Burley or flue-cured tobacco allotment is established fof the 1950-51
marketing year; and 4 The farm will not have a 1950
allotment for any kind of tobacco other than that for which application is made hereunder.
The acreage allotments established as provided in this section shall be subject to such downward adjustment as is nec essary to bring such allotments in line