Page:United States Statutes at Large Volume 85.djvu/56

 26

Leases and transfers.

7 u??i3i4d"

Limitations.

Penalties. 5/stat^*393^' 69 Stat! 24.' 7 USC 1314

Ante, p. 23.

PUBLIC LAW 92-10-APR. 14, 1971

[85 S TAT.

(3) as to which any producer on the farm files, or aids or acquiesces in the filing of, any false report with respect to the production or marketings of tobacco: Provided, That if the Secretary through the local committee finds that no person connected with such farm caused, aided, or acquiesced in any such iregularity, the next established farm marketing quota shall not be reduced under this subsection. The reductions required under this subsection shall be in addition to any other adjustments made pursuant to this section. " (g) When a poundage program is in effect under this section, farm marketing quotas (after adjustments) for burley tobacco may be leased and transferred to other farms in the same county under the That such leases and transfers shall be on a pound for pound basis: Provided further. That any adjustment for undermarketings or overmarketings shall be attributed to the farm to which leased and transferrcd: Provided further, That not more than fifteen thousand pounds may be leased and transferred to any farm under this section: And provided further, That the marketing quota determined for any farm subsequent to such lease and transfer shall not exceed an amount determined by multiplying the farm yield established under subsection (d) of this section by 50 per centum of the acreage of cropland in the farm. " (h) Effective with the marketing year beginning October 1, 1976, no marketing quota, other than a new farm marketing quota, shall be established for a farm on which no burley tobacco was planted or considered planted in any of the five years immediately preceding the year for which farm marketing quotas are being established. " ^ j ^ Wlicu marketing quotas under this section are in effect, provisions with respect to penalties for the marketing of excess tobacco and ^^^ otlicr provisions contained in section 314 of the Act shall apply, cxccpt that: a^2) No penalty on excess tobacco shall be due or collected until 110 per centum of the farm marketing quota (after adjustments) for a farm has been marketed, but with respect to each pound of tobacco marketed in excess of such percentage the full penalty rate shall be due, payable, and collected at the time of marketing on each pound of tobacco marketed, and any tobacco marketed in excess of 100 per centum of the farm marketing quota (after adjustments) will require a reduction in subsequent farm marketing quotas in accordance with section 319(c): Provided, That if the Secretary, in his discretion, determines it is desirable to encourage additional marketings of any grades of burley tobacco during any marketing year to insure traditional market patterns to meet the normal demands of export and domestic markets, he may authorize the marketing of such grades without the payment of penalty or deduction from subsequent quotas to the extent of 5 per centum of the farm marketing quota for the farm on which the tobacco was produced, and such marketings shall be eligible for price support. "(2) The provisions with respect to penalties contained in the third sentence of section 314(a) shall be revised to read: 'If any producer falsely identifies or fails to account for the disposition of any tobacco, the Secretary, in lieu of assessing and collecting penalties based on actual marketings of excess tobacco, may elect to assess a penalty computed by multiplying the full penalty rate by an amount of tobacco equal to 25 per centum of the farm marketing quota (after adjustments) and the penalty in respect thereof shall be paid and remitted by the producer.'. "(3) The provisions contained in the fourth sentence of section 314(a) shall not be applicable. For the first year a marketing quota
 * ^™^s and conditions contained in section 318 of the Act: Provided,

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