§1379i — Title 7 Agriculture | U.S. Code

Summary

People who break the rules about marketing certificates can lose money, lose the certificates, or go to jail. If someone knowingly breaks certain certificate rules, the government can seize an amount equal to two times the certificates’ face value and can sue to collect it. Anyone except a producer acting in a producer role who knowingly breaks the rules or fails to keep required reports or records is guilty of a misdemeanor and can be fined up to $5,000 for each violation. If a producer (in their producer role) breaks those rules or fails to keep required reports or records, the producer can lose the right to receive certificates for the farm and marketing year involved, or must pay the face value of any already issued certificates as the Secretary decides. Making, altering, forging, or using fake certificates with fraud is a felony punishable by up to $10,000 in fines, up to 10 years in prison, or both.

Title 7, §1379i

Agriculture — Source: USLM XML via OLRC

(a)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)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)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 receive 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)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.

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1965 Amendment Pub. L. 89–321, title V, § 510(b), Nov. 3, 1965, 79 Stat. 1205, provided that the amendment made by Pub. L. 89–321 is effective as of the

Effective Date

of the original enactment of this section. Inapplicability of Section Section inapplicable to 2014 through 2018 crops of covered 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 covered 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 covered 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 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.

§1379i Penalties

Summary

Title 7, §1379i

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata