Page:United States Statutes at Large Volume 97.djvu/1167

 PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1135 sion of this subsection, or any regulation issued under this subsection, shall be liable for a civil penalty of not more than $1,000 for each such violation. Any penalty provided for under this subparagraph shall be assessed by the Secretary after notice and opportunity for a hearing. "(C) Any person against whom a penalty is assessed under Penalty review, subparagraph (B) may obtain review of such penalty in an appropriate district court of the United States by filing a civil action in such court not later than thirty days after such penalty is imposed. The Secretary shall promptly file in such court a certified copy of the record upon which the penalty is based. The findings of the Secretary may be set aside only if found to be unsupported by substantial evidence. "(D) The district courts of the United States shall have juris- Enforcement, diction to review and enforce any penalty imposed under sub- paragraph (B). "(E) The remedies provided in this paragraph shall be in addition to, and not exclusive of, other remedies that may be available. "(F) In carrying out this subsection, the Secretary may, as the Secretary deems appropriate— "(i) usc the services of State and county committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act; and 16 USC 590h. "(ii) enter into agreements to use, on a reimbursable or nonreimbursable basis, the services of administrators of Federal milk marketing orders and State milk marketing programs. "(6) Thfe term 'United States' as used in paragraphs (2) and (3) "United States." of this subsection means the forty-eight contiguous States in the continental United States.". Oo) The Secretary of Agriculture shall implement the provisions of "7 USC 1446 note, section 201(d) of the Agricultural Act of 1949, as amended by 7 USC 1446. subsection (a) of this section, without regard to the provisions requir- ing notice and other procedures for public participation in rulemak- ing contained in section 553 of title 5, United States Code, or in any directive of the Secretary. AVOIDANCE OF ADVERSE IMPACT OF DAIRY DIVERSION PROGRAM ON BEEF AND PORK PRODUCERS SEC. 103. In order to minimize the adverse impact of the dairy 7 USC 1446 note, diversion program on beef and pork producers in the United States during the period the diversion program is in effect— (1) the Secretary of Agriculture shall, to the maximum extent practicable, usc funds available for the purposes of clause (2) of section 32 of Public Law No, 320, 74th Congress (7 U.S.C. 612c) and other funds available to the Secretary under the commodity distribution and other nutrition programs of the Department of Agriculture to increase the use of beef and pork for such purposes; (2) the Secretary of Defense and other Federal and State agencies are encouraged to usc increased quantities of beef and pork to meet the food needs of the programs which they admin- ister; and

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