Page:United States Statutes at Large Volume 104 Part 5.djvu/149

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3471 changed on a dollar value basis to facilitate warehousing, handling, and marketing. " (5) PENALTY.— "(A) IN GENERAL.— Except as provided in subparagraph (B), the failure by a handler to comply with regulations issued by the Secretary governing the disposition and handling of additional peanuts shall subject the handler to a penalty at a rate equal to 140 percent of the loan level for quota peanuts on the quantity of peanuts involved in the violation. "(B) NONDEUVERY. —A handler shall not be subject to a penalty for failure to export additional peanuts if the peanuts were not delivered to the handler. "(6) REENTRY OF EXPORTED PEANUTS. —I f any additional peanuts exported by a handler are reentered into the United States in commercial quantities as determined by the Secretary, the importer thereof shall be subject to a penalty at a rate equal to 140 percent of the loan level for quota peanuts on the quantity of peanuts reentered. "(e) SPECIAL EXPORT CREDITS. — Regulations. "(1) IN GENERAL.—The Secretary shall, with due regard for the integrity of the peanut program, promulgate regulations that will permit any handler of peanuts who manufactures peanut products from domestic edible peanuts to export the products and receive credit for the fulfillment of export obligations for the peanut content of the products against which the export credits the handler may thereafter apply, up to the amount thereof, equivalent quantities of additional peanuts of the same type acquired by the handler and used in the domestic edible market. The peanuts so acquired for the domestic edible market as provided in this subsection shall be of the same crop year as the peanuts used in the manufacture of the products so exported. "(2) CERTIFICATION.—Under such regulations, the Secretary shall require all handlers who are peanut product manufacturers to submit annual certifications of peanut product content on a product-by-product basis. Any chginges in peanut product formulas as affecting peanut content shall be recorded within 90 days of the changes. The Secretary shall conduct an annual review of the certifications. The Secretary shall pursue all available remedies with respect to persons who fail to comply with this paragraph. "(3) RECORDS. —The Secretary shall require handlers who are peanut product manufacturers to maintain and provide such documents as are necessary to ensure compliance with this subsection and to maintain the integrity of the peanut program. "(f) CONTRACTS FOR PURCHASE OF ADDITIONAL PEANUTS.— "(1) IN GENERAL.—Handlers may, under such regulations as the Secretary may issue, contract with producers for the purchase of additional peanuts for crushing or export, or both. "(2) SUBMISSION TO SECRETARY. — "(A) CONTRACT DEADLINE.— Any such contract shall be completed and submitted to the Secretary (or if designated by the Secretary, the area marketing association) for approval not later than September 15 of the year in which the . crop is produced.

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