Page:United States Statutes at Large Volume 122.djvu/1377

 12 2 STA T . 1 354PUBLIC LA W 11 0– 234 —M A Y 22, 200 8acover e d co m mod ityf or retai ls ale to verify com p lia n ce w it h this s ub title ( includin g the regulations promulgated under sec - tion 284 (b ) ) .‘ ‘(2) RECORD RE QUI RE M E NTS . — ‘‘( A ) I N G ENER AL .—A person sub j ect to an audit under paragraph ( 1 ) shall provide the S ecretary with verification of the country of origin of covered commodities. Records maintained in the course of the normal conduct of the business of such person , including animal health papers, import or customs documents, or producer affidavits, may serve as such verification. ‘‘( B ) P RO H I B ITION ON REQUIREMENT O F ADDITIONAL RECORDS.— T he Secretary may not re q uire a person that prepares, stores, handles, or distributes a covered com- modity to maintain a record of the country of origin of a covered commodity other than those maintained in the course of the normal conduct of the business of such per- son. ’ ’ and ( 3 ) in section 283— (A) by stri k ing subsections (a) and (c); (B) by redesignating subsection (b) as subsection (a); ( C ) in subsection (a) (as so redesignated), by striking ‘‘retailer’’ and inserting ‘‘retailer or person engaged in the business of supplying a covered commodity to a retailer’’; and ( D ) by adding at the end the following new subsection

‘‘(b) F INES.—If, on completion of the 3 0 -day period described in subsection (a)(2), the Secretary determines that the retailer or person engaged in the business of supplying a covered commodity to a retailer has— ‘‘(1) not made a good faith effort to comply with section 282, and ‘‘(2) continues to willfully violate section 282 with respect to the violation about which the retailer or person received notification under subsection (a)(1), after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the retailer or person in an amount of not more than $ 1,000 for each violation.’’. SEC.1 1 0 0 3 . AGRI C ULT URAL F AIR P RACTICES ACT O F1 967D EFI N I - TIONS. Section 3 of the Agricultural Fair Practices Act of 1 967 (7 U .S.C. 2302) is amended— (1) by striking ‘‘ W hen used in this Act—’’ and inserting ‘‘In this Act:’’; (2) in subsection (a)— (A) by redesignating paragraphs (1) through (4) as clauses (i) through (iv), respectively; and (B) in clause (iv) (as so redesignated), by striking ‘‘clause (1), (2), or (3) of this paragraph’’ and inserting ‘‘clause (i), (ii), or (iii)’’; (3) by striking subsection (d); (4) by redesignating subsections (a), (b), (c), and (e) as paragraphs (3), (4), (2), (1), respectively, indenting appro- priately, and moving those paragraphs so as to appear in numerical order;

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