Page:United States Statutes at Large Volume 99 Part 2.djvu/325

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1435

"(1) Transfers (including transfer by sale or lease) of farm pound- Prohibitions. age quotas under this section shall be subject to all of the following conditions: "(1) No transfer of the farm poundage quota from a farm subject to a mortgage or other lien shall be permitted unless the transfer is agreed to by the lienholders. "(2) No transfer of the farm poundage quota shall be permitted if the county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act determines 16 USC 590h. that the receiving farm does not have adequate tillable cropland to produce the farm poundage quota. "(3) No transfer of the farm poundage quota shall be effective until a record thereof is filed with the county committee of the county to which such transfer is made and such committee determines that the transfer complies with this section. "(4) Such other terms and conditions that the Secretary may Regulations. by regulation prescribe.". MARKETING PENALTIES; DISPOSITION OF ADDITIONAL PEANUTS

SEC. 704. Effective only for the 1986 through 1990 crops of peanuts, section 359 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359) is amended by adding at the end thereof the following: "(m)(l)(A) The marketing of any peanuts for domestic edible use in excess of the farm poundage quota for the farm on which such peanuts are produced shall be subject to penalty at a rate equal to 140 percent of the support price for quota peanuts for the marketing year in which such marketing occurs. "(B) For purposes of this section, the marketing year for peanuts shall be the 12-month period beginning August 1 and ending July 31. "(C) The marketing of any additional peanuts from a farm shall be subject to the same penalty unless such peanuts, in accordance with regulations established by the Secretary, are— "(i) placed under loan at the additional loan rate in effect for such peanuts under section 108B of the Agricultural Act of 1949 and not redeemed by the producers; "(ii) marketed through an area marketing association designated pursuant to section 108B(3)(A) of the Agricultural Act of 1949; or "(iii) marketed under contracts between handlers and producers pursuant to subsection (q). "(2) Such penalty shall be paid by the person who buys or otherwise acquires the peanuts from the producer or, if the peanuts are marketed by the producer through an agent, the penalty shall be paid by such agent. Such person or agent may deduct an amount equivalent to the penalty from the price paid to the producer. "(3) If the person required to collect the penalty fails to collect such penalty, such person and all persons entitled to share in the peanuts marketed from the farm or the proceeds thereof shall be jointly and severally liable for the amount of the penalty. "(4) Peanuts produced in a calendar year in which farm poundage quotas are in effect for the marketing year beginning therein shall be subject to such quotas even though the peanuts are marketed prior to the date on which such marketing year begins. "(5) If any producer falsely identifies or fails to certify planted acres or fails to account for the disposition of any peanuts produced

Regulations.

Post, p. 1439.

Contracts.

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