Page:United States Statutes at Large Volume 104 Part 5.djvu/147

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3469 payable under this paragraph shall be paid and remitted by the producer. "(6) UNINTENTIONAL VIOLATIONS. — The Secretary shall au- Regulations. thorize, under such regulations as the Secretary shall issue, the county committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) to waive or reduce marketing penalties provided for under this subsection in cases which the committees determine that the violations that were the basis of the penalties were unintentional or without knowledge on the part of the parties concerned. "(7) DE MINIMIS VIOLATIONS.— Errors in weight that do not exceed one-tenth of 1 percent in the case of any one marketing document shall not be considered to be marketing violations except in cases of fraud or conspiracy. "(b) USE OF QUOTA AND ADDITIONAL PEANUTS.— "(1) QUOTA PEANUTS.— Only quota peanuts may be retained for use as seed or for other uses on a farm. When peanuts are so retained, such retention shall be considered as marketings of quota peanuts, except that the Secretary may exempt from consideration as marketings of quota peanuts seeds of peanuts for the quantity involved that are used to produce peanuts excluded under section 359(c), are unique strains, and are not commercially available. "(2) ADDITIONAL PEANUTS.— Additional peanuts shall not be retained for use on a farm and shall not be marketed for domestic edible use, except as provided in subsection (g). "(3) SEED.— Except as provided in paragraph (1), seed for planting of any peanut acreage in the United States shall be obtained solely from quota peanuts marketed or considered marketed for domestic edible use. " (c) MARKETING PEANUTS WITH EXCESS QUANTITY, GRADE, OR QUALITY. —On a finding by the Secretary that the peanuts marketed from any crop for domestic edible use by a handler are larger in quantity or higher in grade or quality than the peanuts that could reasonably be produced from the quantity of peanuts having the grade, kernel content, and quality of the quota peanuts acquired by the handler from the crop for the marketing, the handler shall be subject to a penalty equal to 140 percent of the loan level for quota peanuts on the quantity of peanuts that the Secretary determines are in excess of the quantity, grade, or quality of the peanuts that could reasonably have been produced from the peanuts so acquired. "(d) HANDLING AND DISPOSAL OF ADDITIONAL PEANUTS.— "(1) IN GENERAL.— Except as provided in paragraph (2), the Secretary shall require that the handling and disposal of additional peanuts be supervised by agents of the Secretary or by area marketing associations designated pursuemt to section 108B(c)(l) of the Agricultural Act of 1949. "(2) SUPERVISION BY NONHANDLERS. — "(A) IN GENERAL.—Supervision of the handling and disposal of additional peanuts by a handler shall not be required under paragraph (1) if the handler agrees in writing, prior to any handling or disposal of the peanuts, to comply with regulations that the Secretary shall issue. "(B) REGULATIONS. —The regulations issued by the Secretary under subparagraph (A) shall include the following provisions:

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