Page:United States Statutes at Large Volume 99 Part 2.djvu/271

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1381

"(A) the farm program payment yield, as determined by the Secretary under title V of the Agricultural Act of 1949; 7 USC 1461. by "(B) the planted acreage, shall be deemed to have been marketed in excess of the farm marketing quota; and "(2) the penalty provided for in subsection (a) on such quantity of wheat shall be paid by the producer. "(d) Each producer having an interest in the crop of wheat on any farm for which a penalty is determined shall be jointly and severally liable for the entire amount of the penalty. "(e) Wheat subject to a farm marketing quota may be carried over by the producer from one marketing year to the succeeding marketing year, and may be marketed without incurring a penalty under this section in the succeeding marketing year, to the extent that— "(1) the total quantity of wheat available for marketing from the farm in the marketing year from which the wheat is carried over does not exceed the farm marketing quota; or "(2) the total quantity of wheat available for marketing in the succeeding marketing year (including any quantity of wheat carried over) does not exceed the farm marketing quota for the succeeding marketing year. "(0 Wheat produced in a calendar year in which marketing quotas are in effect for the marketing year beginning therein shall be subject to such quotas even though it is marketed prior to the date on which such marketing year begins. "(g)(1) The Secretary, shall require collection of the penalty pro- Regulations. vided for in this section on a proportion of each unit of wheat marketed from the farm equal to the proportion that the wheat available for marketing from the farm in excess of the farm marketing quota is of the total quantity of wheat available for marketing from the farm, if satisfactory proof is not furnished to the Secretary as to the disposition to be made of the excess wheat, in accordance with regulations issued by the Secretary, prior to the marketing of any wheat from the farm. "(2) All funds collected under this section during a marketing year Regulations. shall be deposited in a special account established in the Treasury of the United States until the end of the next succeeding marketing year. On certification of the Secretary, there shall be paid out of such special account to a person designated by the Secretary the amount by which the penalty collected exceeds that amount of penalty due on wheat marketed in excess of the farm marketing quota for a farm. Such special account shall be administered by the Secretary. The basis for, the amount of, and the person entitled to receive a payment from such account, when determined in accordance with regulations prescribed by the Secretary, shall be final and conclusive. "(h) Until the amount of the penalty provided by this section is paid, a lien on— "(1) the wheat with respect to which such penalty is incurred; and "(2) any subsequent wheat subject to marketing quotas in which the person liable for the payment of such penalty has an interest, shall be in effect in favor of the United States for the amount of the penalty. C