
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: 7USC1372]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                    Part C--Administrative Provisions
 
            subpart ii--adjustment of quotas and enforcement
 
Sec. 1372. Payment, collection, and refund of penalties

    (a) The penalty with respect to the marketing, by sale, of wheat, 
cotton, or rice, if the sale is to any person within the United States, 
shall be collected by the buyer.
    (b) All penalties provided for in part B of this subchapter shall be 
collected and paid in such manner, at such times, and under such 
conditions as the Secretary may by regulations prescribe. Such penalties 
shall be remitted to the Secretary by the person liable for the penalty, 
except that if any other person is liable for the collection of the 
penalty, such other person shall remit the penalty. Except as provided 
in section 1314h of this title, the amount of such penalties shall be 
covered into the general fund of the Treasury of the United States.
    (c) Whenever, pursuant to a claim filed with the Secretary within 
two years after payment to him of any penalty collected from any person 
pursuant to this chapter, the Secretary finds that such penalty was 
erroneously illegally, or wrongfully collected and the claimant bore the 
burden of the payment of such penalty, the Secretary shall certify to 
the Secretary of the Treasury for payment to the claimant, in accordance 
with regulations prescribed by the Secretary of the Treasury, such 
amount as the Secretary finds the claimant is entitled to receive as a 
refund of such penalty.
    Notwithstanding any other provision of law, the Secretary is 
authorized to prescribe by regulations for the identification of farms 
and it shall be sufficient to schedule receipts into special deposit 
accounts or to schedule such receipts for transfer therefrom, or 
directly, into the separate fund provided for in subsection (b) of this 
section by means of such identification without reference to the names 
of the producers on such farms.
    The Secretary is authorized to prescribe regulations governing the 
filing of such claims and the determination of such refunds.
    (d) No penalty shall be collected under this chapter with respect to 
the marketing of any agricultural commodity grown for experimental 
purposes only by any publicly owned agricultural experiment station. 
Effective with the 1978 crops, no penalty shall be collected under this 
chapter with respect to the marketing of any agricultural commodity 
grown on State prison farms for consumption within such State prison 
system.

(Feb. 16, 1938, ch. 30, title III, Sec. 372, 52 Stat. 65; Apr. 7, 1938, 
ch. 107, Sec. 11, 52 Stat. 204; July 2, 1940, ch. 521, Sec. 6, 54 Stat. 
728; Pub. L. 96-113, Nov. 16, 1979, 93 Stat. 850; Pub. L. 99-272, title 
I, Sec. 1106(b), Apr. 7, 1986, 100 Stat. 91.)

                       References in Text

    Part B of this subchapter, referred to in subsec. (b), commences 
with section 1311 of this title.


                               Amendments

    1986--Subsec. (b). Pub. L. 99-272 substituted ``Except as provided 
in section 1314h of this title, the'' for ``The''.
    1979--Subsec. (d). Pub. L. 96-113 inserted provisions respecting 
exemption from marketing quota penalties for State prison farms.
    1940--Subsec. (c). Act July 2, 1940, substituted ``within two 
years'' for ``within one year'' and inserted ``and the claimant bore the 
burden of the payment of such penalty'' after ``wrongfully collected'' 
in first par. and inserted second par. authorizing regulations for farm 
identification, etc.
    1938--Subsecs. (c), (d). Act Apr. 7, 1938, added subsecs. (c) and 
(d).


                    Effective Date of 1986 Amendment

    Section 1106(b) of Pub. L. 99-272 provided that the amendment made 
by that section is effective for 1986 and subsequent crops of tobacco.


                          Rulemaking Procedures

    Secretary of Agriculture to implement amendments by Pub. L. 99-272 
without regard to provisions requiring notice and other procedures for 
public participation in rulemaking contained in section 553 of Title 5, 
Government Organization and Employees, or in any other directive of the 
Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note 
under section 1301 of this title.
