104 STAT. 1388-4 PUBLIC LAW 101-508—NOV. 5, 1990 7 USC I446c-a. (1) IN GENERAL.—Section 108B of the Agricultural Act of 1949 (as added by section 806 of the Food, Agriculture, Conservation, and Trade Act of 1990) is amended— (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following new subsection: ^ " (g) MARKETING ASSESSMENT. — "(1) IN GENERAL.—The Secretary shall provide, by regulation, for a nonrefundable marketing assessment applicable to each of the 1991 through 1995 crops of peanuts. The assessment shall be made in accordance with this subsection and shall be on a per pound basis in an amount equal to 1 percent of the national average quota or additional peanut support rate per pound, as applicable, for the applicable crop. No peanuts shall be assessed more than 1 percent of the applicable support rate under this subsection. " (2) FIRST PURCHASERS.— "(A) IN GENERAL.— Except as provided under paragraphs (3) and (4), the first purchaser of peanuts shall— "(i) collect from the producer a marketing assessment equal to Vi percent of the applicable national average support rate times the quantity of peanuts acquired; "(ii) pay, in addition to the amount collected under clause (i), a marketing assessment in an amount equal to y^ percent of the applicable national average support rate times the quantity of peanuts acquired; and "(iii) remit the amounts required under clauses (i) and (ii) to the Commodity Credit Corporation in a manner specified by the Secretary. "(B) DEFINITION.— For purposes of this subsection, the term 'first purchaser' means a person acquiring peanuts from a producer except that in the case of peanuts forfeited by a producer to the Commodity Credit Corporation, such term means the person acquiring the peanuts from the - Commodity Credit Corporation. "(3) OTHER PRIVATE MARKETINGS. —In the case of a private marketing by a producer directly to a consumer through a retail or wholesale outlet or in the case of a marketing by the producer outside of the continental United States, the producer shall be responsible for the full amount of the assessment and shall remit the assessment by such time as is specified by the Secretary. "(4) LOAN PEANUTS. — In the case of peanuts that are pledged as collateral for a price support loan made under this section, Vz of the assessment shall be deducted from the proceeds of the loan. The remainder of the assessment shall be paid by the first purchaser of the peanuts. For purposes of computing net gains on peanuts under this section, the reduction in loan proceeds shall be treated as having been paid to the producer. "(5) PENALTIES. — If any person fails to collect or remit the reduction required by this subsection or fails to comply with such requirements for recordkeeping or otherwise as are required by the Secretary to carry out this subsection, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying— "(A) the quantity of peanuts involved in the violation; by
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