Page:United States Statutes at Large Volume 49 Part 1.djvu/804

 74TI» CONGRESS. SESS. I. CH. 641. AUGUST 24, 1935 . 759 " REG ION AL APP LIC AtiO N Regional application . "(11) (A) No order shall be issued under this section which is Issue of general order ~chen several orders applicable to all productio n areas or market ing areas, or bot h, of in adec tua tee any commodity or product thereof unless the Secretary finds that the issuance of several orders applicable to the respective regional production areas or regiona l marketing areas, or both, as the case may be, of the commodity or product would not effectively carry out the declared policy of this title. " B Except in the case of milk and its products, orders issued Application of orders to regional production under this section shall be limited in t heir application to the smallest areas. regi onal produ ction areas or r egion al mar ketin g are as, or both, as the case may be, which the Secretary finds practicable, consistently with carrying out such declared policy . "(C) All orders issued under this section which are applicable to differ nt areas .cable to the same commodity or product thereof shall, so far as practicable, prescribe such different te rms, applicable t o different produ ction areas and marketing areas, as the Secretary finds necessary to give due recognition to the differences in production and marketing of such commo dity or product i n such areas. " COOPERATIVE ASSOCIAtiON REPRESENTATION Cooperative associa- tion representation . " (12) Whene ver, pursuant to the provisions of this section, t he Aconsetio of of pro- Secr etar y is requ ired to deter mine the appr oval or disa pprov al o f duc ers. producers with respect to the issuance of any order, or any term or condition ther eof, or the termi nation thereof, t he Secretary shal l consider the approval or disapproval by any cooperative association of produ cers, bona fide enga ged in ma rketing th e commodi ty or product thereof covered by such order, or in rendering services for or a dvan cing the inte rest s of the prod ucers of such com modit y, a s the approval or disapproval of the producers who are members of, stockholders in, or under contract with, such cooperative association of producers. R etail er and pro- RETAILER AND PRODUCER EXEMPTION ducer exemption. "(13) (A) No order issued under subsection (9) of this section deLSappl7cabilityofor- shall be applicable to any person who sells agricultural commodities o r pro ducts there of at reta il in his c apaci ty as such retai ler, except to a_ retailer in his capacity as a retailer of milk and its products . " (B) No order issued under this title shall be applicable to any producer in his capacity as a producer. " VIOLATION OF ORDER Violation of order . " (14) Any handler subject to an order issued under this section, Penalty provision. or any officer, director, agent, or employee of such handler, who vio- lates any provision of such order (other than a provision calling for paym ent of a pro rata share of expenses) shall, on conviction, be fined not less than $50 or more than $500 for each such violation, and each day during which such violation continues shall be deemed a separate violation : Provided, That if the court finds that a petition pursuant Po iponement of to subsection (15) of this section was filed and prosecuted by the de- penalt y. fendant in good faith and not for delay, no penalty shall be imposed u nder this subsec tion for s uch vi olati ons a s occ urred betwe en th e date upon which the defendant's petition was filed with the Secretary, and the date upon which notice of the Secretary's ruling thereon was given to the defendant in accordance with regulations prescribed pursuant to subsection (15).