7 U.S.C. § 1379I
Section 1379i · Penalties
Amended 3 times on record
Applied in 1 court decisions — leading case Atlas Roofing Co. v. Occupational Safety & Health Review Commission (1975)
Most recently applied in Atlas Roofing Co. v. Occupational Safety & Health Review Commission (September 1975)
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.
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.
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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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 to Wheat Processors or Exporters During Period June 1, 1991, Through May 31, 1996
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.
Inapplicability to Wheat Processors or Exporters During Period June 1, 1986, Through May 31, 1991
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.
Inapplicability to Wheat Processors or Exporters During Period June 1, 1982, Through May 31, 1986
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.
Inapplicability to Wheat Processors or Exporters During Period July 1, 1973, Through May 31, 1982
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.
Inapplicability to Wheat Processed or Exported During Period July 1, 1973, Through June 30, 1978
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.
Cross References
Fines, penalties and forfeitures—
Generally, see section 2461 et seq. of Title 28, Judiciary and Judicial Procedure.
Jurisdiction of district courts of actions for recovery of, see section 1355 of Title 28.
United States as party generally, see section 2401 et seq. of Title 28.
United States as plaintiff, jurisdiction of district courts, see section 1345 of Title 28.