7 U.S.C. § 1379i — Penalties

Page 693 TITLE 7—AGRICULTURE § 1379i and food products, and all persons purchasing, selling, or otherwise dealing in wheat marketing certificates. Any such person shall, from time to time on request of the Secretary, report to the Secretary such information and keep such records as the Secretary finds to be necessary to enable him to carry out the provisions of this part. Such information shall be reported and such records shall be kept in such manner as the Secretary shall prescribe. For the purpose of ascertaining the correctness of any report made or record kept, or of obtaining information re- quired to be furnished in any report, but not so furnished, the Secretary is authorized to exam- ine such books, papers, records, accounts, cor- respondence, contracts, documents, and memo- randums as he has reason to believe are relevant and are within the control of such person. (Feb. 16, 1938, ch. 30, title III, § 379h, as added Pub. L. 87–703, title III, § 324(2), Sept. 27, 1962, 76 Stat. 629.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, commences with sec- tion 1379a of this title. Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(a)(3) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(a)(3) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(a)(3) of this title. Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(H) of this title. Section inapplicable to wheat processors or exporters during period June 1, 1991, through May 31, 1996, see section 302 of Pub. L. 101–624, set out as a note under section 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1986, through May 31, 1991, see section 309 of Pub. L. 99–198, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1982, through May 31, 1986, see section 302 of Pub. L. 97–98, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period July 1, 1973, through May 31, 1982, see sec- tion 403 of Pub. L. 95–113, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processed or exported during period July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L. 91–524, as added by section 1(10) of Pub. L. 93–86, set out as a note under section 1379d of this title. § 1379i. Penalties (a) Forfeitures; amount; civil action Any person who knowingly violates or at- tempts to violate or who knowingly participates or aids in the violation of any of the provisions of subsection (b) of section 1379d of this title shall forfeit to the United States a sum equal to two times the face value of the marketing certificates involved in such violation. Such for- feiture shall be recoverable in a civil action brought in the name of the United States. (b) Misdemeanors; punishment Any person, except a producer in his capacity as a producer, who knowingly violates or at- tempts to violate or who knowingly participates or aids in the violation of any provision of this part, or of any regulation, governing the acqui- sition, disposition, or handling of marketing certificates or who knowingly fails to make any report or keep any record as required by section 1379h of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000 for each violation. (c) Forfeiture of right to receive certificates; pay- ment of face value Any person who, in his capacity as a producer, knowingly violates or attempts to violate or participates or aids in the violation of any pro- vision of this part, or of any regulation, gov- erning the acquisition, disposition, or handling of marketing certificates or fails to make any report or keep any record as required by section 1379h of this title shall, (i) forfeit any right to receive marketing certificates, in whole or in part as the Secretary may determine, with re- spect to the farm or farms and for the mar- keting year with respect to which any such act or default is committed, or (ii), if such mar- keting certificates have already been issued, pay to the Secretary, upon demand, the amount of the face value of such certificates, or such part thereof as the Secretary may determine. Such determination by the Secretary with respect to the amount of such marketing certificates to be forfeited or the amount to be paid by such pro- ducer shall take into consideration the cir- cumstances relating to the act or default com- mitted and the seriousness of such act or de- fault. (d) Felonies; punishment Any person who falsely makes, issues, alters, forges, or counterfeits any marketing certifi- cate, or with fraudulent intent possesses, trans- fers, or uses any such falsely made, issued, al- tered, forged, or counterfeited marketing cer- tificate, shall be deemed guilty of a felony and upon conviction thereof shall be subject to a fine of not more than $10,000 or imprisonment of not more than ten years, or both. (Feb. 16, 1938, ch. 30, title III, § 379i, as added Pub. L. 87–703, title III, § 324(2), Sept. 27, 1962, 76 Stat. 629; amended Pub. L. 89–321, title V, § 510(b), Nov. 3, 1965, 79 Stat. 1205.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsecs. (b) and (c), com- mences with section 1379a of this title. AMENDMENTS 1965—Subsecs. (a), (b). Pub. L. 89–321 inserted ‘‘know- ingly’’ after ‘‘who’’ wherever appearing. Page 694 TITLE 7—AGRICULTURE § 1379j Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89–321, title V, § 510(b), Nov. 3, 1965, 79 Stat. 1205, provided that the amendment made by Pub. L. 89–321 is effective as of the effective date of the original enactment of this section. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(a)(3) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(a)(3) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(a)(3) of this title. Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(H) of this title. Section inapplicable to wheat processors or exporters during period June 1, 1991, through May 31, 1996, see section 302 of Pub. L. 101–624, set out as a note under section 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1986, through May 31, 1991, see section 309 of Pub. L. 99–198, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1982, through May 31, 1986, see section 302 of Pub. L. 97–98, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period July 1, 1973, through May 31, 1982, see sec- tion 403 of Pub. L. 95–113, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processed or exported during period July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L. 91–524, as added by section 1(10) of Pub. L. 93–86, set out as a note under section 1379d of this title. § 1379j. Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part including but not limited to regula- tions governing the acquisition, disposition, or handling of marketing certificates. (Feb. 16, 1938, ch. 30, title III, § 379j, as added Pub. L. 87–703, title III, § 324(2), Sept. 27, 1962, 76 Stat. 630.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, commences with sec- tion 1379a of this title. Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(a)(3) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(a)(3) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(a)(3) of this title. Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(H) of this title. Section inapplicable to wheat processors or exporters during period June 1, 1991, through May 31, 1996, see section 302 of Pub. L. 101–624, set out as a note under section 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1986, through May 31, 1991, see section 309 of Pub. L. 99–198, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period June 1, 1982, through May 31, 1986, see section 302 of Pub. L. 97–98, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processors or exporters during period July 1, 1973, through May 31, 1982, see sec- tion 403 of Pub. L. 95–113, set out as a note under sec- tion 1379d of this title. Section inapplicable to wheat processed or exported during period July 1, 1973, through June 30, 1978, see section 403(b) of Pub. L. 91–524, as added by section 1(10) of Pub. L. 93–86, set out as a note under section 1379d of this title. PART E—RICE CERTIFICATES Editorial Notes CODIFICATION Pub. L. 87–703, title III, § 324(1), Sept. 27, 1962, 76 Stat. 626, redesignated part D as E. §§ 1380a to 1380p. Omitted Editorial Notes CODIFICATION Sections 1380a to 1380p of this title were effective only with respect to 1957 and 1958 rice crops. Section 1380a, act Feb. 16, 1938, ch. 30, title III, § 380a, as added May 28, 1956, ch. 327, title V, § 501(3), 70 Stat. 208, provided legislative findings for this part. Section 1380b, act Feb. 16, 1938, ch. 30, title III, § 380b, as added May 28, 1956, ch. 327, title V, § 501(3), 70 Stat. 208, related to effective date and termination of pro- gram. Section 1380c, act Feb. 16, 1938, ch. 30, title III, § 380c, as added May 28, 1956, ch. 327, title V, § 501(3), 70 Stat. 208, related to determination of primary market quota for rice. Section 1380d, act Feb. 16, 1938, ch. 30, title III, § 380d, as added May 28, 1956, ch. 327, title V, § 501(3), 70 Stat. 209, related to apportionment of the primary market quota by the Secretary among the States and among farms. Section 1380e, act Feb. 16, 1938, ch. 30, title III, § 380e, as added May 28, 1956, ch. 327, title V, § 501(3), 70 Stat. 209, provided that a farm operator to which a primary market quota applied could have such quota reviewed. Section 1380f, act Feb. 16, 1938, ch. 30, title III, § 380f, as added May 28, 1956, ch. 327, title V, § 501(3), 70 Stat. 209, related to price supports made available to co- operators on crops of rice. Section 1380g, act Feb. 16, 1938, ch. 30, title III, § 380g, as added May 28, 1956, ch. 327, title V, § 501(3), 70 Stat. 209, related to certificates issued to cooperators. Section 1380h, act Feb. 16, 1938, ch. 30, title III, § 380h, as added May 28, 1956, ch. 327, title V, § 501(3), 70 Stat. 210, related to inventory adjustment payments to per- sons owning rough rice located in continental United States, for purpose of facilitating transition from price support program formerly in effect. Section 1380i, act Feb. 16, 1938, ch. 30, title III, § 380i, as added May 28, 1956, ch. 327, title V, § 501(3), 70 Stat. 210, related to set-aside of certain rough and processed rice.