Page:United States Statutes at Large Volume 49 Part 1.djvu/807

762 Pe nalty f or divu lging information . Determination of base period . When post-war pe- riod to be used as base peri od . Vo l. 48, p.35; U.S . C., p . 158. Removal of commod- ity from warehouse without cancelation of receipt. Vol.48,p.672 . Sug ar b eets and sugarcane as basic agri- cultural commodity . Vol. 48, p. 675. Jurisdiction vested in district court . Ante, p. 760. Vol.48,p.675 . Enforcement pro- ceedings. In vestiga tion of vio- lation of provisions of order . Hearing. Vol. 48, pp . 35, 676; U.S.C.,p . 160 . Processin g tax . 74TH CONGRESS . SESS. I. CH. 641. AUGUST 24, 1935. of the marke ting agree ment or or der v iolat ed by such pers on . Any such officer o r employee violating the provi sions of t his sectio n shall upon conviction be s ubject to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both, and shall be removed from office . " DETeRMINAtiON OF BASe PERIOD " SEC. 8e . In connection with the making of any marketing agree- ment or the issuance of any order, if the Secretary finds and pro- claims that, as to any commodity specified in such marketing agree- ment or order, the purchasing power during the base period specified for such commodity in section 2 of this title cannot be satisfactorily determined from available statistics of the Department of Agri- culture, the base period, for the purposes of such marketing agree- ment or order, shall be the post-war period, August 1919-July 1929, or all that portion thereof for which the Secretary finds and pro- claims that the purchasing power of such commodity can be satis- factorily determined from available statistics of the Department of Agriculture . " SEC. 7. Subsection (5) of section 8 of the Agricultural Adjust- ment Act, as amended, is further amended by designating said subsection as section 8f, by inserting said section at the end of sec- tion 8e, and by striking out the last sentence thereof . SEC. 8 . Subsection (1) of section 8a of the Agricultural Adjust- ment Act, as amended, is amended as follows (a) by striking out the word "handlers " w her ev er it ap pea rs an d by inserting in lieu thereof the words " persons engaged in the handling " ; (b) by striking out the phrase " or in competition with " and the comma following such phrase in paragraph (B) ; (c) by inserting the wor d "direct ly " before the words "to burden " in paragraph (B) ; (d) by striking out the words "in any way" in paragraph (B) . SEC . 9 . Subsection (6) of section 8a of the Agricultu ral Adjust- ment Act, as amended, is amended by inserting the word " or " after the comma following the word " regulation," and by striking out the words " or license " . SEC . 10. Subsection (7) of section 8a of the Agricultural Adjust- ment Act, as amended, is amended by inserting at the end thereof the following new sentence : " Whenever the Secretary, or such officer or employee of the Department of Agriculture as he may designate for the purpose, has reason to believe that any handler has violated, or is v iolat ing, the p rovis ions of an y ord er or amen dment ther eto i ssued pursuant to this title, the Secretary shall have power to institute an investigation and, after due notice to such handler, to conduct a hearing in order to determine the facts for the purpose of referring the matter to the Attorney General for appropriate action ." SEC. 11 . (a) Su bsection (a) of s ection 9 of the A gricultur al Adjustment Act, as amended, is amended by striking out all of the second sentence preceding the semicolon and inserting in lieu thereof the following : "When the Secretary of Agriculture determines that any one or more payments authorized to be made under section 8 are to be made with respect to any basic agricultural commodity, he shall proclaim such determination, and a processing tax shall be in effect with respect to such commodity from the beginning of the marketing year therefor next following the date of such proclamation ".