
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: 7USC1379i]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                   Part D--Wheat Marketing Allocation
 
Sec. 1379i. Penalties


(a) Forfeitures; amount; civil action

    Any person who knowingly violates or attempts 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 forfeiture 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 attempts to violate or who knowingly participates 
or aids in the violation of any provision of this part, or of any 
regulation, governing the acquisition, 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; payment 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 
provision of this part, or of any regulation, governing 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 received marketing certificates, in 
whole or in part as the Secretary may determine, with respect to the 
farm or farms and for the marketing year with respect to which any such 
act or default is committed, or (ii), if such marketing 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 producer shall take into consideration the 
circumstances relating to the act or default committed and the 
seriousness of such act or default.

(d) Felonies; punishment

    Any person who falsely makes, issues, alters, forges, or 
counterfeits any marketing certificate, or with fraudulent intent 
possesses, transfers, or uses any such falsely made, issued, altered, 
forged, or counterfeited marketing certificate, 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, Sec. 379i, as added Pub. L. 87-703, 
title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 629; amended Pub. L. 
89-321, title V, Sec. 510(b), Nov. 3, 1965, 79 Stat. 1205.)

                       References in Text

    This part, referred to in subsecs. (b) and (c), commences with 
section 1379a of this title.


                               Amendments

    1965--Subsecs. (a), (b). Pub. L. 89-321 inserted ``knowingly'' after 
``who'' wherever appearing.


                    Effective Date of 1965 Amendment

    Section 510(b) of Pub. L. 89-321 provided that the amendments made 
by that section are effective as of the effective date of the original 
enactment of this section [section 1379i of this title].


                       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)(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 section 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 section 1379d of this title.
    Section inapplicable to wheat processors or exporters during period 
July 1, 1973, through May 31, 1982, see section 403 of Pub. L. 95-113, 
set out as a note under section 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.
