
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1359hh]

 
                          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 vii--marketing quotas--sugar and crystalline fructose
 
Sec. 1359hh. Regulations; violations; publication of Secretary's 
        determinations; jurisdiction of courts; United States attorneys
        

(a) Regulations

    The Secretary or the Commodity Credit Corporation, as appropriate, 
shall issue such regulations as may be necessary to carry out the 
authority vested in the Secretary in administering this subpart.

(b) Violation

    Any person knowingly violating any regulation of the Secretary 
issued under subsection (a) of this section shall be subject to a civil 
penalty of not more than $5,000 for each violation.

(c) Publication in Federal Register

    Each determination issued by the Secretary to establish, adjust, or 
suspend allotments under this subpart shall be promptly published in the 
Federal Register and shall be accompanied by a statement of the reasons 
for the determination.

(d) Jurisdiction of courts; United States attorneys

                     (1) Jurisdiction of courts

        The several district courts of the United States are vested with 
    jurisdiction specifically to enforce, and to prevent and restrain 
    any person from violating, this subpart or any regulation issued 
    thereunder.

                     (2) United States attorneys

        Whenever the Secretary shall so request, it shall be the duty of 
    the several United States attorneys, in their respective districts, 
    to institute proceedings to enforce the remedies and to collect the 
    penalties provided for in this subpart. The Secretary may elect not 
    to refer to a United States attorney any violation of this subpart 
    or regulation when the Secretary determines that the administration 
    and enforcement of this subpart would be adequately served by 
    written notice or warning to any person committing the violation.

(e) Nonexclusivity of remedies

    The remedies and penalties provided for in this subpart shall be in 
addition to, and not exclusive of, any remedies or penalties existing at 
law or in equity.

(Feb. 16, 1938, ch. 30, title III, Sec. 359h, as added Pub. L. 101-624, 
title IX, Sec. 902, Nov. 28, 1990, 104 Stat. 3486; amended Pub. L. 102-
237, title I, Sec. 111(j), Dec. 13, 1991, 105 Stat. 1836.)


                               Amendments

    1991--Subsec. (a). Pub. L. 102-237 amended subsec. (a) generally. 
Prior to amendment, subsec. (a) read as follows:
    ``(1) In general.--The Secretary shall issue such regulations as may 
be necessary to carry out the authority vested in the Secretary in 
administering the marketing allotment program under this subpart.
    ``(2) Prior consultations required.--In addition to taking such 
other action as may be required under section 551 through 559 of title 5 
prior to proposing any regulations under paragraph (1), the Secretary 
shall consult with representatives of domestic sugar processors and 
producers with regard to ensuring that the regulations achieve the 
objectives of this subpart. The results of the consultations shall be 
published in the Federal Register, along with the proposed 
regulations.''


                       Inapplicability of Section

    Section inapplicable to 1996 through 2002 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)(E) of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1359cc, 1359ff, 1359jj of 
this title.
