Page:United States Statutes at Large Volume 122.djvu/2139

 12 2 STA T . 211 6PUBLIC LA W 11 0– 2 4 6 —J U NE 1 8, 2008 course o fth e n or mal con d uct of the b us i ness of such p er - son .’ ’ and (3) in section 28 3 — ( A )b y stri k in g 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 co v ered commodity to a retailer’’; and ( D ) by adding at the end the follo w ing new subsection

‘‘(b) FINES .— I f, on completion of the 3 0 -day period described in subsection (a)(2), the S ecretary 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 P ractices 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; ( 5 ) in each paragraph (as so redesignated) that does not have a heading, by inserting a heading, in the same style as the heading in the amendment made by paragraph (6), the te x t of which is comprised of the term defined in the paragraph; (6) in paragraph (2) (as so redesignated)— (A) by striking ‘‘ T he term ‘association of producers’ means’’ and inserting the following: ‘‘(2) ASS OC I AT ION O FPR O DU CERS.— ‘‘(A) IN G ENERA L .—The term ‘association of producers’ means’’; and (B) by adding at the end the following: ‘‘(B) INCLUSION.—The term ‘association of producers’ includes an organi z ation whose membership is exclusively

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