Page:United States Statutes at Large Volume 110 Part 1.djvu/957

 PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 933 sugar beets or sugar beet molasses, that has been marketed. (3) COLLECTION.— (A) TIMING.— ^A marketing assessment required under this subsection shall be collected on a monthly basis and shall be remitted to the Commodity Credit Corporation not later than 30 days after the end of each month. Any cane sugar or beet sugar processed during a fiscal year that has not been marketed by September 30 of the year shall be subject to assessment on that date. The sugar shall not be subject to a second assessment at the time that it is marketed. (B) MANNER.—Subject to subparagraph (A), marketing assessments shall be collected under this subsection in the manner prescribed by the Secretary and shall be nonrefundable. (4) PENALTIES. —I f any person fails to remit the assessment ^ required by this subsection or fails to comply with such requirements for recordkeeping or otherwise as are required by the Secretary to carry out this subsection, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying— (A) the quantity of cane sugar or beet sugar involved in the violation; by (B) the loan rate for the applicable crop of sugarcane or sugar beets. (5) ENFORCEMENT.— The Secretary may enforce this subsection in a court of the United States. (g) FORFEITURE PENJ^LTY. — (1) IN GENERAL.—^A penalty shall be assessed on the forfeiture of any sugar pledged as collateral for a nonrecourse loan under this section. (2) CANE SUGAR.— The penalty for cane sugar shall be 1 cent per pound. (3) BEET SUGAR.— The penalty for beet sugar shall bear the same relation to the penalty for cane sugar as the marketing assessment for sugar beets bears to the marketing assessment for sugarcane. (4) EFFECT OF FORFEITURE. — Any payments owed producers by a processor that forfeits any sugar pledged as collateral for a nonrecourse loan shall be reduced in proportion to the loan forfeiture penalty incurred by the processor. (h) INFORMATION REPORTING. — (1) DUTY OF PROCESSORS AND REFINERS TO REPORT.—^A sugarcane processor, cane sugar refiner, and sugar beet processor shall furnish the Secretary, on a monthly basis, such information as the Secretary may require to administer sugar programs, including the quantity of purchases of sugarcane, sugar beets, and sugar, and production, importation, distribution, and stock levels of sugar. (2) PENALTY.— ^/Vny person willfully failing or refusing to furnish the information, or furnishing willfully any false information, shall be subject to a civil penalty of not more than $10,000 for each such violation. (3) MONTHLY REPORTS.— Taking into consideration the information received under paragraph (1), the Secretary shall

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