Page:United States Statutes at Large Volume 104 Part 5.djvu/56

 104 STAT. 3378 ' PUBLIC LAW 101-624—NOV. 28, 1990 7 USC 1446e-l. SEC. 102. MILK MANUFACTURING MARKETING ADJUSTMENT. (a) IN GENERAL.— Effective beginning on the date that is 12 months after the date of enactment of this Act, no State shall provide for (and no person shall collect, directly or indirectly) a greater allowance for the processing of milk (hereafter referred to as a "make allowance") than is permitted under a Federal program to establish a Grade A price for manufacturing butter, nonfat dry milk, or cheese. (b) LIABILITY FOR PENALTIES. — (1) IN GENERAL. —I f the Secretary of Agriculture determines that— (A) based on a request by a producer supported by evidence, the make allowance collected by a person is in excess of the amount that is permitted under subsection (a); or (B) a person has failed to comply with any requirement of this section or a regulation issued under this section, the person shall be liable for penalties as determined by the Commodity Credit Corporation in accordance with this subsection. (2) AMOUNT OF PENALTIES. —Such penalties shall be equal to the product obtained by multiplying— (A) twice the permitted make allowance that could be charged as provided under subsection (a); by (B) the quantity of milk with respect to which the person was determined by the Secretary to have collected a make allowance in excess of the permitted make allowsince. (c) REGULATIONS. —The Secretary may issue such regulations as are necessary to carry out this section. (d) INVESTIGATIONS.— (1) IN GENERAL.—The Secretary may make such investigations as the Secretary considers necessary for the effective administration of this section or to determine whether any person subject to this section has violated this section. (2) ADMINISTRATION. — For the purpose of the investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. (3) SUBPOENA.—The attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is carried on, or where the person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of records. The court may issue an order requiring the attendance and testimony of witnesses and the production of records, or requiring the person to appear before the Secretary to produce records or to give testimony on the matter under investigation. (4) CONTEMPT.—Any failure to obey the order of the court may be punished by the court as a contempt thereof. (5) PROCESS. —All process in any such case may be served in the judicial district of which the person is an inhabitant or wherever the person may be found. Courts. (e) ENFORCEMENT.—The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and

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