Forfeitures; amount; civil action
section 1379d of this titleAny person who knowingly violates or attempts to violate or who knowingly participates or aids in the violation of any of the provisions of subsection (b) of shall forfeit to the United States a sum equal to two times the face value of the marketing certificates involved in such violation. Such forfeiture shall be recoverable in a civil action brought in the name of the United States.
Misdemeanors; punishment
section 1379h of this titleAny person, except a producer in his capacity as a producer, who knowingly violates or attempts to violate or who knowingly participates or aids in the violation of any provision of this part, or of any regulation, governing the acquisition, disposition, or handling of marketing certificates or who knowingly fails to make any report or keep any record as required by shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000 for each violation.
Forfeiture of right to receive certificates; payment of face value
section 1379h of this titleAny person who, in his capacity as a producer, knowingly violates or attempts to violate or participates or aids in the violation of any provision of this part, or of any regulation, governing the acquisition, disposition, or handling of marketing certificates or fails to make any report or keep any record as required by shall, (i) forfeit any right to receive marketing certificates, in whole or in part as the Secretary may determine, with respect to the farm or farms and for the marketing year with respect to which any such act or default is committed, or (ii), if such marketing certificates have already been issued, pay to the Secretary, upon demand, the amount of the face value of such certificates, or such part thereof as the Secretary may determine. Such determination by the Secretary with respect to the amount of such marketing certificates to be forfeited or the amount to be paid by such producer shall take into consideration the circumstances relating to the act or default committed and the seriousness of such act or default.
Felonies; punishment
Any person who falsely makes, issues, alters, forges, or counterfeits any marketing certificate, or with fraudulent intent possesses, transfers, or uses any such falsely made, issued, altered, forged, or counterfeited marketing certificate, shall be deemed guilty of a felony and upon conviction thereof shall be subject to a fine of not more than $10,000 or imprisonment of not more than ten years, or both.
Feb. 16, 1938, ch. 30Pub. L. 87–703, title III, § 324(2)76 Stat. 629Pub. L. 89–321, title V, § 510(b)79 Stat. 1205(, title III, § 379i, as added , , ; amended , , .)
Editorial Notes
References in Text
section 1379a of this titleThis part, referred to in subsecs. (b) and (c), commences with .
Amendments
Pub. L. 89–3211965—Subsecs. (a), (b). inserted “knowingly” after “who” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1965 Amendment
Pub. L. 89–321, title V, § 510(b)79 Stat. 1205Pub. L. 89–321, , , provided that the amendment made by is effective as of the effective date of the original enactment of this section.
Inapplicability of Section
section 9092(a)(3) of this titleSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning , through , see .
section 8782(a)(3) of this titleSection inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .
section 7992(a)(3) of this titleSection inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .
section 7301(a)(1)(H) of this titleSection inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning , and ending , see .
section 302 of Pub. L. 101–624section 1379d of this titleSection inapplicable to wheat processors or exporters during period , through , see , set out as a note under .
section 309 of Pub. L. 99–198section 1379d of this titleSection inapplicable to wheat processors or exporters during period , through , see , set out as a note under .
section 302 of Pub. L. 97–98section 1379d of this titleSection inapplicable to wheat processors or exporters during period , through , see , set out as a note under .
section 403 of Pub. L. 95–113section 1379d of this titleSection inapplicable to wheat processors or exporters during period , through , see , set out as a note under .
section 403(b) of Pub. L. 91–524section 1(10) of Pub. L. 93–86section 1379d of this titleSection inapplicable to wheat processed or exported during period , through , see , as added by , set out as a note under .