7 U.S.C. § 1379h — Applicability of provisions to designated

Page 692 TITLE 7—AGRICULTURE § 1379g 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. § 1379g. Authority to facilitate transition (a) The Secretary is authorized to take such action as he determines to be necessary to fa- cilitate the transition from the program cur- rently in effect to the program provided for in this part. Notwithstanding any other provision of this part, such authority shall include, but shall not be limited to, the authority to exempt all or a portion of the wheat or food products made therefrom in the channels of trade on the effective date of the program under this part from the marketing restrictions in subsection (b) of section 1379d of this title, or to sell certifi- cates to persons owning such wheat or food products at such prices as the Secretary may de- termine. Any such certificate shall be issued by Commodity Credit Corporation. (b) Whenever the face value per bushel of do- mestic marketing certificates for a marketing year is substantially different from the face value of domestic marketing certificates for the preceding marketing year, the Secretary is au- thorized to take such action as he determines necessary to facilitate the transition between marketing years. Notwithstanding any other provision of this part, such authority shall in- clude, but shall not be limited to, the authority to sell certificates to persons engaged in the processing of wheat into food products covering such quantities of wheat, at such prices, and under such terms and conditions as the Sec- retary may by regulation provide. Any such cer- tificate shall be issued by Commodity Credit Corporation. (c) The Secretary is authorized to take such action as he determines to be necessary to fa- cilitate the transition from the certificate pro- gram provided for under section 1379d of this title to a program under which no certificates are required. Notwithstanding any other provi- sion of law, such authority shall include, but shall not be limited to the authority to exempt all or a portion of wheat or food products made therefrom in the channels of trade on July 1, 1973, from the marketing restrictions in sub- section (b) of section 1379d of this title, or to sell certificates to persons owning such wheat or food products made therefrom at such price and under such terms and conditions as the Sec- retary may determine. Any such certificate shall be issued by the Commodity Credit Cor- poration. Nothing herein shall authorize the Secretary to require certificates on wheat proc- essed after June 30, 1973. (Feb. 16, 1938, ch. 30, title III, § 379g, as added Pub. L. 87–703, title III, § 324(2), Sept. 27, 1962, 76 Stat. 629; amended Pub. L. 89–321, title V, § 504(d), Nov. 3, 1965, 79 Stat. 1203; Pub. L. 91–524, title IV, § 403(b), Nov. 30, 1970, as added Pub. L. 93–86, § 1(10), Aug. 10, 1973, 87 Stat. 228.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsecs. (a) and (b), com- mences with section 1379a of this title. AMENDMENTS 1973—Subsec. (c). Pub. L. 91–524, § 403(b), as added by Pub. L. 93–86, added subsec. (c). 1965—Pub. L. 89–321 designated existing provisions as subsec. (a) and added subsec. (b). 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. § 1379h. Applicability of provisions to designated persons; reports and records; examinations by the Secretary This section shall apply to processors of wheat, warehousemen and exporters of wheat 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.