Page:United States Statutes at Large Volume 99 Part 2.djvu/329

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1439

"(C) All penalties imposed under this section shall for all purposes be considered civil penalties. "(5)(A) Notwithstanding any other provision of law and except as provided in subparagraph (B), the Secretary may reduce the amount of any penalty assessed against handlers under this section if the Secretary finds that the violation on which the penalty is based was minor or inadvertent, and that the reduction of the penalty will not impair the operation of the peanut program. "(B) The amount of any penalty imposed on a handler under this section that resulted from the failure to export contracted additional peanuts may not be reduced by the Secretary.".

Contracts. Prohibition.

PRICE SUPPORT PROGRAM

SEC. 705. Effective only for the 1986 through 1990 crops of peanuts, the Agricultural Act of 1949 is amended by adding after section 108A the following: " P R I C E S U P P O R T FOR 1986 THROUGH 1990 CROPS OF PEANUTS

'SEC. 108B. Notwithstanding any other provision of law: 7 USC 1445C-2. "(I)(A) The Secretary shall make price support available to producers through loans, purchases, and other operations on quota peanuts for each of the 1986 through 1990 crops. "(B)(i) The national average quota support rate for the 1986 crop of quota peanuts shall be equal to the national average support rate established for the 1985 crop of quota peanuts, adjusted by the Secretary by a percentage equal to the percentage of any increase in the prices paid by producers for commodities and services, interest, taxes, and wage rates during the period beginning with calendar year 1981 and ending with calendar year 1985, as determined by the Secretary. "(ii) The national average quota support rate for each of the Prohibition. 1987 through 1990 crops of quota peanuts shall be the nationed average quota support rate for the immediately preceding crop, adjusted to reflect any increase, during the calendar year immediately preceding the marketing year for the crop for which a level of support is being determined, in the national average cost of peanut production, excluding any change in the cost of land, except that in no event shall the national average quota support rate for any such crop exceed by more than 6 percent the national average quota support rate for the preceding crop. "(C) The levels of support so announced shall not be reduced Prohibition. by any deductions for inspection, handling, or storage. "(D) The Secretary may make adjustments for location of peanuts and such other factors as are authorized by section 403. 7 USC 1423. "(E) The Secretary shall announce the level of support for quota peanuts of each crop not later than February 15 preceding the marketing year for the crop for which the level of support is being determined. "(2)(A) The Secretary shall make price support available to producers through loans, purchases, or other operations on additional peanuts for each of the 1986 through 1990 crops at such levels as the Secretary finds appropriate, talking into consideration the demand for peanut oil and peanut meal, expected prices of other vegetable oils and protein meals, and the demand for peanuts in foreign markete, except that the

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