[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: 7CFR729.305]

[Page 204]
 
                          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. 729.305  Peanuts on which penalties are due and refund of excess penalty collected.

    (a) In addition to other remedies as may apply, a penalty is due 
from the person involved in a violation of this part and shall be 
assessed against such person at the basic penalty rate on:
    (1) The quantity of peanuts which is marketed or considered to be 
marketed from a farm for domestic edible use in excess of the effective 
farm poundage quota for the farm.
    (2) All peanuts produced on a farm for which the producer:
    (i) Failed to report the peanut acreage as provided in accordance 
with part 718 of this chapter; or
    (ii) Is responsible, if entry on the farm to authorized 
representatives of the Secretary for the purpose of determining the 
acreage of peanuts on the farm is refused or denied.
    (3) The quantity of peanuts falsely identified, as determined by the 
county committee with the concurrence of the State committee. The 
quantity of peanuts subject to penalty under this provision shall be the 
quantity of peanuts determined by the county committee to have been 
falsely identified. Acts considered to be false identification shall 
include the following:
    (i) Identifying or permitting the identification of peanuts at time 
of marketing as having been produced on a farm other than the farm of 
actual production;
    (ii) Marketing or permitting the marketing of peanuts to a 
registered handler without identifying the peanuts with a peanut 
marketing card issued for the farm on which such peanuts were produced;
    (iii) Permitting the use of the peanut marketing card for the farm 
to record a marketing of peanuts when, in fact, peanuts were not 
marketed from the farm; or
    (iv) Marketing peanuts that have been commingled with those of 
another farm.
    (4) All peanuts, the disposition of which the producer has failed to 
account for to the satisfaction of the county committee. The quantity of 
peanuts subject to penalty under this provision shall be the amount of 
peanuts determined by the county committee to have been marketed or 
considered marketed from the farm in excess of the quantity for which 
the producer has satisfactorily accounted.
    (5) All additional peanuts marketed as contract additional peanuts 
in excess of the pounds contracted between the producer and handler as 
provided in part 1446 of this title.
    (6) The quantity of farmers stock peanuts the county committee 
determines was necessary to plant the reported acreage for the crop year 
if the producer fails or refuses to file an accurate seed peanut report 
of seed purchases; and
    (7) All peanuts marketed in violation of this subpart for reasons 
not otherwise enumerated in paragraph (a) of this section.
    (b) If the reported acreage of peanuts on a farm differs from the 
determined acreage by more than the tolerance provided in part 718 of 
this chapter, a penalty at the converted rate shall be due from all 
producers on the farm on all peanuts marketed from the farm. In 
addition, in the case of a false certification, the sanctions provided 
for in Sec. 729.204(e) shall apply except to the extent that it may be 
determined by the Deputy Administrator that a second assessment would be 
unduly redundant.
    (c) Any penalty collected in excess of the correct amount as 
determined pursuant to this section may be refunded upon a finding by 
the county committee that an excess amount was collected.

[56 FR 16211, Apr. 19, 1991, as amended at 65 FR 8247, Feb. 18, 2000]