
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1314-1]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                        Part B--Marketing Quotas
 
                  subpart i--marketing quotas--tobacco
 
Sec. 1314-1. Limitation on sale of tobacco floor sweepings


(a) Penalty

    Effective for the 1982 and subsequent crops of tobacco, the 
marketing of floor sweepings of any kind of tobacco in excess of 
allowable floor sweepings shall be subject to a civil penalty of 150 per 
centum of the average market price (calculated to the nearest whole 
cent) for such kind of tobacco for the immediately preceding marketing 
year. Such penalty shall be paid by any person found by the Secretary to 
have marketed such floor sweepings in excess of the allowable amount.

(b) Assessment; notice and opportunity for hearing; determination

    The penalty provided for in subsection (a) of this section shall be 
assessed by the Secretary only after the person alleged to have marketed 
floor sweepings in excess of allowable floor sweepings has been given 
notice and an opportunity for hearing and the Secretary has determined 
by decision incorporating the Secretary's findings of fact that a 
violation did occur and the amount of the penalty.

(c) Relation to other law

    The provisions of section 1376 of this title shall apply to 
penalties under this section.

(d) Definitions

    As used in this section--
        (1) the term ``floor sweepings'' means the scraps or leaves of 
    tobacco which accumulate on the warehouse floor in the regular 
    course of business; and
        (2) the term ``allowable floor sweepings'' means the quantity of 
    floor sweepings determined by multiplying 0.24 per centum times the 
    total first sales of tobacco at auction for the season for the 
    warehouse involved.

(Feb. 16, 1938, ch. 30, title III, Sec. 314A, as added Pub. L. 97-218, 
title III, Sec. 306, July 20, 1982, 96 Stat. 215.)
