Page:United States Statutes at Large Volume 99 Part 2.djvu/270

 99 STAT. 1380

Ante, p. 1378.

PUBLIC LAW 99-198—DEC. 23, 1985

"(b) The farm marketing quota shall be equal to the product obtained by multiplying— "(1) the average number of acres of wheat planted for harvest, or considered planted for harvest, on the farm during the base period; by "(2) the average yield of wheat planted for harvest, or considered planted for harvest, on the farm during such base period, as determined by the Secretary on such basis as the Secretary determines will provide a fair and equitable yield; by "(3) the marketing quota apportionment factor. "(c) For purposes of this section, wheat shall be considered to have been planted for harvest on the farm in any crop year to the extent that the Secretary determines that wheat was not planted for harvest on the farm because— "(1) of drought, flood, or other natural disaster, or other condition beyond the control of the producer, as determined by the Secretary; or "(2) the producer on the farm participated in any acreage reduction, set-aside, or diversion program for wheat during such crop years. "(d) Farm marketing quotas shall be established by the Secretary under this section by June 1 of the calendar year preceding each marketing year for which a national marketing quota has been proclaimed under section 332.". MARKETING PENALTIES

SEC. 305. Effective only for the 1987 through 1990 crops of wheat, section 335 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1335) is amended to read as follows: "MARKETING PENALTIES



Regulations.

"SEC. 335. (a) The marketing of wheat produced on a farm in excess of a farm marketing quota shall be subject to a penalty at a rate per bushel equal to 75 percent of the national average market price for wheat during the immediately preceding marketing year. "(b) The penalty provided for in subsection (a) shall be paid— "(1) in the case of wheat marketed by sale to a person within the United States, by the person who acquired the wheat from the producer, except that an amount equivalent to the penalty may be deducted by the buyer from the price paid to the producer; "(2) in the case of wheat marketed through a warehouseman or agent, by the warehouseman or agent, who may deduct an amount equivalent to the penalty from the price paid to the producer; or "(3) in the case of wheat marketed directly to any person outside the United States, by the producer. "(c) If any producer falsely identifies, or fails to certify, the acreage planted to wheat for harvest or fails to account for the disposition of any wheat produced on such planted acreage in accordance with regulations issued by the Secretary— "(1) a quantity of wheat equal to the product obtained by multiplying—

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