Page:United States Statutes at Large Volume 100 Part 1.djvu/131

 PUBLIC LAW 99-272—APR. 7, 1986 "(i) deduct an amount equal to the producer assessment from the price paid to the producer; and "(ii) add an amount equal to the purchaser assessment to the price paid by the purchaser. "(C) If tobacco of the kind for which an Account is established is marketed by a producer directly to any person outside the United States, both the producer and the purchaser assessment shall be collected from the producer, who may add an amount equal to the purchaser assessment to the price paid by the purchaser."; and (4) by adding at the end thereof the following new subsection: "(j)(l)(A) Each person who fails to collect any assessment as required by subsection (d)(3) and remit such assessment to the Corporation, at such time and in such manner as may be prescribed by the Secretary, shall be liable, in addition to any amount due, to a marketing penalty at a rate equal to 75 percent of the average market price (calculated to the nearest whole cent) for the kind of tobacco involved for the immediately preceding year on the quantity of tobacco as to which the failure occurs. "(B) The Secretary may reduce any such marketing penalty in such amount as the Secretary determines equitable in any case in which the Secretary determines that the failure was unintentional or without knowledge on the part of the person concerned. "(C) Any penalty provided for under this paragraph shall be assessed by the Secretary after notice and opportunity for a hearing. "(2)(A) Any person against whom a penalty is assessed under this subsection may obtain review of such penalty in an appropriate district court of the United States by filing a civil action in such court not later than 30 days after such penalty is imposed. "(B) The Secretary shall promptly file in such court a certified copy of the record on which the penalty is based. "(3) The district courts of the United States shall have jurisdiction to review and enforce any penalty imposed under this subsection. "(4) An amount equivalent to any penalty collected by the Secretary under this subsection shall be transmitted by the Secretary to the Corporation, for deposit in the Account of the appropriate association. "(5) The remedies provided in this subsection shall be in addition to, and not exclusive of, other remedies that may be available.". (c) IMPLEMENTATION.—The Secretary of Agriculture shall implement sections 1102 through 1109, and the amendments made by such sections, without regard to the provisions requiring notice and other procedures for public participation in rulemaking contained in section 553 of title 5, United States Code, or in any directive of the Secretary. (d) CONFORMING AMENDMENT.—The section heading of section 106A of the Agricultural Act of 1949 (7 U.S.C. 1445-1) is amended to read as follows:

100 STAT. 95

Marketing,

Courts, U.S.

Courts, U.S.

7 USC 1301 note,

"PRODUCER CONTRIBUTIONS AND PURCHASER ASSESSMENTS FOR NO NET COST TOBACCO F U N D ".

SEC. 1109. PURCHASE OF INVENTORY STOCK.

Notwithstanding any other provision of law, in order to reduce or eliminate the excessive inventories of Flue-cured and Burley tobacco held by associations from the 1976 through 1984 crops, and in order to provide for the orderly disposition of such excessive inventories of tobacco in a manner that will not disrupt the orderly marketing of

7 USC 1445-3.

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