[Code of Federal Regulations] [Title 7, Volume 7] [Revised as of January 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR729.301] [Page 201-203] TITLE 7--AGRICULTURE CHAPTER VII--FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE PART 729--PEANUTS--Table of Contents Subpart C--Marketing Cards, Marketings, Penalties, and Assessments Sec. 729.301 Issuance of cards. (a) General. As used in this part, peanut marketing card, Form FSA- 1002, means a paper marketing card on which data is manually recorded or a plastic marketing card in which data is recorded electronically into a micro computer chip by a computer. (b) Issuance of marketing cards. A marketing card shall be issued in the name of the farm operator for each farm on which peanuts are produced in the United States in the current year for use by each producer on the farm for marketing such producer's share of the peanuts produced except that: (1) A marketing card issued for experimental peanuts shall be issued in the name of the experiment station, and [[Page 202]] (2) A marketing card issued to a successor-in-interest shall be issued in the name of the successor-in-interest. (c) Issuance of producer identification cards. A producer identification card shall be issued in the same name that is entered on the marketing card(s) for each eligible farm. The producer identification card will be used to identify the farm on which the peanuts were produced and the card must accompany each lot of peanuts when offered for sale. Producer identification cards shall be issued at the time the marketing cards are issued. (d) Person authorized to issue cards. The county executive director shall be responsible for the issuance of marketing cards and producer identification cards. (e) Rights of producers and successors-in-interest. (1) Each producer having a share in the peanuts available for marketing from a farm shall be entitled to the use of the marketing and identification cards for marketing such producer's proportionate share of the peanuts produced on the farm, as determined by the county committee. (2) Any person who the county committee determines has succeeded, in whole or in part, to the share of a producer in the peanuts available for marketing from a farm shall, to the extent of such succession, have the same rights to the use of the marketing and identification cards and bear the same liability for penalties as the original producer would with respect to the disposition of the peanuts. (f) Data on marketing card and supplemental card--(1) Before issuance, the following data and information must be recorded on the marketing card: (i) The name of each producer and the producer's share of the crop of peanuts; (ii) The effective farm poundage quota; (iii) The pounds of any additional peanuts contracted and the handler number of the contracting handler; (iv) The converted penalty rate, if applicable; (v) The name of any producer on the farm against whom a peanut poundage quota lien has been established and the unpaid balance of such lien; (vi) The name of any producer on the farm against whom a U.S. claim has been established and the unpaid amount of such claim; (vii) With respect to any farm with a producer that is ineligible for price support, an indication of such ineligibility; and (viii) An indication that the peanuts marketed from the farm are ``Eligible for Buyback'' if the farm operator authorizes the handler to purchase peanuts under the ``Immediate Buyback'' purchase in accordance with part 1446 of this title. (2) A supplemental marketing card bearing the same name identification as shown on the original marketing card may be issued for a farm if an original or supplemental marketing card is returned to the county office. The balance of the poundage quota for the farm from the returned marketing card shall be recorded as the effective farm poundage quota on the supplemental card. (3) Two or more marketing cards may be issued for a farm if the farm operator specifies in writing the amount of the effective quota (not to exceed the balance of effective quota available) which is to be assigned to each card. (g) Issuance of producer identification cards--(1) Before issuance, the following information shall be recorded on the producer identification card: (i) Name and address of the farm operator, and (ii) State, county code, and farm serial number. (2) A farm operator may receive as many identification cards as may be needed at any one time to accompany each lot of peanuts until such lot of peanuts has been marketed. (h) Replacing a lost, stolen, or destroyed marketing card. A new marketing card shall be issued to replace a card which has been determined by the county executive director who issued the card to have been lost, destroyed, or stolen, if the farm operator gives immediate written notice of such fact to the appropriate county FSA office and furnishes a satisfactory report of the quantity of peanuts which was marketed by use of such marketing card before such card was lost, stolen, or destroyed. [[Page 203]] (i) Invalid cards. A marketing card shall be invalid under any one of the following conditions: (1) It is not issued or delivered in the form and manner prescribed. (2) Any entry is omitted or is incorrect. (3) It is lost, destroyed, or stolen. (4) An alteration has been made without the approval of the county executive director. (5) For a paper card, the card becomes illegible. (j) Validating invalid cards. If a marketing card is known to be invalid, the farm operator or other producer shall return the marketing card to the county office. The county executive director shall issue a replacement marketing card or the marketing card may be made valid by entering data previously omitted or by correcting any incorrect data previously entered.