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Title 7 — AgricultureRelease 119-73not60

§1379i Penalties

Title 7 › Chapter 35— AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter II— LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part D— Wheat Marketing Allocation › § 1379i

Last updated Apr 3, 2026|Official source

Summary

Sets penalties for people who knowingly break rules about marketing certificates. If someone knowingly breaks the specific rule in section 1379d(b) or helps do it, they must forfeit to the United States twice the face value of the certificates involved, and the U.S. can collect that in a civil lawsuit. Anyone except a producer acting as a producer who knowingly violates rules about getting, handling, or disposing of certificates, or who fails to make required reports or keep required records, is guilty of a misdemeanor and can be fined up to $5,000 for each violation. If a producer acting in that producer role knowingly breaks those same rules or fails to report or keep records, the Secretary may either take away the producer’s right to receive certificates for the farm and marketing year involved, or demand payment of the face value (or part of it) of certificates already issued, with the amount based on the facts and seriousness. Anyone who makes, alters, forges, or uses fake marketing certificates with fraudulent intent is guilty of a felony and faces a fine up to $10,000, or up to 10 years in prison, or both.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1379i

Title 7 — Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60