[Code of Federal Regulations]
[Title 7, Volume 9]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1160.214]

[Page 197-198]
 
                          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

[[Page 198]]

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 nor more than 
the minimum and maximum amounts specified in Sec.  3.91(b)(1)(xxxv) of 
this title 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 nor 
more than the minimum and maximum amounts specified in Sec.  
3.91(b)(1)(xxxv) of this title 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.

[58 FR 62503, Nov. 29, 1993, as amended at 70 FR 29579, May 24, 2005]