[Code of Federal Regulations]
[Title 7, Volume 9]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1160.214]

[Page 214]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER X--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
                 Orders; Milk) DEPARTMENT OF AGRICULTURE
 
PART 1160_FLUID MILK PROMOTION PROGRAM--Table of Contents
 
                   Subpart_Fluid Milk Promotion Order
 
Sec. 1160.214  Charges and penalties.

    (a) Late-payment charge. Any unpaid assessments shall be increased 
1.5 percent each month beginning with the day following the date such 
assessments were due. Any remaining amount due, which shall include any 
unpaid charges previously made pursuant to this section, shall be 
increased at the same rate on the corresponding day of each month 
thereafter until paid. For the purpose of this section, any assessment 
determined at a date later than prescribed by this subpart because of 
the failure of a processor to submit a report to the Board when due 
shall be considered to have been payable by the date it would have been 
due if the report had been filed when due. The receipt of a payment by 
the Board will be based on the earlier of the postmark date or the 
actual date of receipt.
    (b) Penalties. The Secretary may assess any person who violates any 
provision of this subpart a civil penalty of not less than $500 nor more 
than $5,000 for each such violation. In the case of a willful failure to 
pay an assessment as required by this subpart, in addition to the amount 
due, the Secretary may assess an additional penalty of not less than 
$10,000 nor more than $100,000 for each such violation. The amount of 
any such penalty shall accrue to the United States, which may recover 
such amount in a civil suit. The remedies provided in this section are 
in addition to, and not exclusive of, other remedies that may be 
available by law or in equity.

               Promotion, Consumer Education and Research