Page:United States Statutes at Large Volume 104 Part 5.djvu/167

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3489 "(1) the loan level determined for the crop; or "(2) such level as the Secretary determines will— "(A) minimize the number of loan forfeitures; "(B) not result in excessive total stocks of honey; "(C) reduce the costs incurred by the Federal Government in storing honey; and "(D) maintain the competitiveness of honey in the domestic and export markets. "(c) LOAN DEFICIENCY PAYMENTS.— "(1) IN GENERAL.—The Secretary shall, for each of the 1991 through 1995 crops of honey, make pa5niients available to producers who, although eligible to obtain a loan under subsection (b), agree to forgo obtaining the loan in return for payments under this subsection. "(2) COMPUTATION. —A payment under this subsection shall be computed by multiplying— "(A) the loan payment rate; by "(B) the quantity of honey the producer is eligible to place under loan but for which the producer forgoes obtaining the loan in return for payments under this subsection. "(3) LOAN PAYMENT RATE.—For purposes of this subsection, the loan payment rate shall be the amount by which— "(A) the loan level determined for the crop under subsection (a); exceeds "(B) the level at which a loan may be repaid under subsection (b). "(4) MARKETING CERTIFICATES. — The Secretary may make pay- ments under this section available in the form of certificates redeemable for any agricultural commodity owned by the Commodity Credit Corporation. "(d) PLEDGING ADULTERATED OR IMPORTED HONEY AS COLLAT- ERAL. — "(1) IN GENERAL.— If the Secretary determines that a person has knowingly pledged adulterated or imported honey as collateral to secure a loan made under this section, the person, in addition to any other penalty or sanction prescribed by law, shall be ineligible for a loan, purchase, or payment under this section for the 3 crop years succeeding the determination. "(2) ADULTERATED HONEY.— For purposes of paragraph (1), honey shall be considered adulterated if— "(A) any substance has been substituted wholly or in part for the honey; "(B) the honey contains a poisonous or deleterious substance that may render the honey injurious to health, except that in any case in which the substance is not added to the honey, the honey shall not be considered adulterated if the quantity of the substance in or on the honey does not ordinarily render it injurious to health; or "(C) for, any other reason, the honey is unsound, unhealthy, unwholesome, or otherwise unfit for human consumption. " (e) PAYMENT LIMITATIONS. — "(1) IN GENERAL.— The total amount of pa3nnents that a person may receive under this section may not exceed— "(A) $200,000 in the 1991 crop year; "(B) $175,000 in the 1992 crop year; "(C) $150,000 in the 1993 crop year; and

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