Page:United States Statutes at Large Volume 110 Part 1.djvu/950

 110 STAT. 926 PUBLIC LAW 104-127—APR. 4, 1996 No. 146, regulating the quality of domestically produced peanuts (under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937); and (D) ensure that any changes made in the peanut program as a result of this subsection requiring additional production or handling at the farm level shall be reflected as an upward adjustment in the Department loan schedule. (2) EXPORTS AND OTHER PEANUTS.— The Secretary shall require that all peanuts in the domestic and export markets fully comply with all quality standards under Marketing Agreement No. 146. (g) MARKETING ASSESSMENT.— (1) IN GENERAL.— The Secretary shall provide for a nonrefundable marketing assessment. The assessment shall be made on a per pound basis in an amount equal to 1.1 percent for each of the 1994 and 1995 crops, 1.15 percent for the 1996 crop, and 1.2 percent for each of the 1997 through 2002 crops, of the national average quota or additional peanut loan rate for the applicable crop. (2) FIRST PURCHASERS.— (A) IN GENERAL.— Except as provided under paragraphs (3) and (4), the first purchaser of peanuts shall— (i) collect from the producer a marketing assessment equal to the quantity of peanuts acquired multiplied by— (I) in the case of each of the 1994 and 1995 crops,.55 percent of the applicable national average loan rate; (II) in the case of the 1996 crop,.6 percent of the applicable national average loan rate; and (III) in the case of each of the 1997 through 2002 crops,.65 percent of the applicable national average loan rate; (ii) pay, in addition to the amount collected under clause (i), a marketing assessment in an amount equal to the quantity of peanuts acquired multiplied by.55 percent of the applicable national average loan rate; and (iii) remit the amounts required under clauses (i) and (ii) to the Commodity Credit Corporation in a manner specified by the Secretary. (B) DEFINITION OF FIRST PURCHASER.—In this subsection, the term "first purchaser" means a person acquiring peanuts from a producer except that in the case of peanuts forfeited by a producer to the Commodity Credit Corporation, the term means the person acquiring the peanuts from the Commodity Credit Corporation. (3) OTHER PRIVATE MARKETINGS.— In the case of a private marketing by a producer directly to a consumer through a retail or wholesale outlet or in the case of a marketing by the producer outside of the continental United States, the producer shall be responsible for the full amount of the assessment and shall remit the assessment by such time as is specified by the Secretary. (4) LOAN PEANUTS. —In the case of peanuts that are pledged as collateral for a loan made under this section, the producer

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