Page:United States Statutes at Large Volume 99 Part 2.djvu/255

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1365

"(D) A producer who commenced marketing milk after Contracts. December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer's entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term 'member of the family of the producer' means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer's spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant."; (2) striking out subparagraphs (H), (I), (J), (L), and (O); and (3) redesignating subparagraph (K) as subparagraph (E). (c) Paragraph (5)(B) of section 201(d) of the Agricultural Act of Animals. 1949 (7 U.S.C. 1446(d)(5)(B)) is amended by— Exports. (1) striking out "(i)"; (2) striking out ", (ii)" and inserting in lieu thereof "or"; (3) striking out ", or (iii)" and all that follows through "paragraph (3)"; (4) redesignating the text thereof as clause (i); (5) adding at the end thereof the following: "(ii) Each person who buys, from a producer with respect to whom Contracts. there is in effect at the time of such sale a contract entered into under paragraph (3), one or more dairy cattle sold for slaughter or export, who knows that such cattle are sold for slaughter or export, and who fails to cause the slaughter or export of such cattle within a reasonable time after receiving such cattle shall be liable for a civil penalty of not more than $5,000 with respect to each of such cattle. "(iii) Each person who retains or acquires an interest in dairy Contracts. cattle or the production of milk in violation of a contract entered into under this paragraph shall be liable, in addition to any amount due under paragraph (3)(A)(iv), to a marketing penalty on the quantity of milk produced during the period in which such ownership is prohibited under the contract. Such penalty shall be computed at the rate or rates of the support price for milk in effect during the period in which the milk production occurred. "(iv) Each person who makes a false statement in a bid submitted under paragraph (3) as to (I) the marketings of milk for commercial use by the producer, or (II) the size or composition of the dairy herd that produced such marketings, or (III) the size or composition of the dairy herd at the time the bid is submitted shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of $5,000 for each head of cattle to which such statement applied. "(v) Each person who makes a false statement as to the number of Contracts. dairy cattle that was sold for slaughter or export under a contract under paragraph (3)(A) shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of not more than $5,000 for each head of cattle to which such statement applied.". (d) Section 201(c) of the Agricultural Act of 1949 (7 U.S.C. 1446(c)) is amended by striking out The price" and inserting in lieu thereof "Except as provided in subsection (d), the price". (e) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) Ante, p. 1362. is amended by adding at the end thereof the following: "(7) The Secretary shall carry out this subsection through the Commodity Credit Corporation.".

�