PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 927 portion 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.—I f any person fails to collect or remit the reduction required by this subsection or fails to comply with the 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 (B) the national average quota peanut rate for the applicable crop year. (6) ENFORCEMENT.— The Secretary may enforce this subsection in the courts of the United States. (h) CROPS. —Subsections (a) through (g) shall be effective only for the 1996 through 2002 crops of peanuts. (i) POUNDAGE QUOTAS.— (1) IN GENERAL.— Part VI of subtitle B of title III of the Agricultural Adjustment Act of 1938 is amended— (A) in section 358-1 (7 U.S.C. 1358-1)— (i) in the section heading, by striking "i99i THROUGH 1997 CROPS OF"; (ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A), (b)(2)(C), and (b)(3)(A), by striking "of the 1991 through 1997 marketing years" each place it appears and inserting "marketing year"; (iii) in subsection (a)(3), by striking "1990" and inserting "1990, for the 1991 through 1995 marketing years, and 1995, for the 1996 through 2002 marketing years"; (iv) in subsection (b)(1)(A)— (I) by striking "each of the 1991 through 1997 marketing years" and inserting "each marketing year"; and (II) in clause (i), by inserting before the semicolon the following: ", in the case of the 1991 through 1995 marketing years, and the 1995 marketing year, in the case of the 1996 through 2002 marketing years"; (v) in subsection (b)(1), by adding at the end the following: "(D) CERTAIN FARMS INELIGIBLE FOR QUOTA. —Effective beginning with the 1998 crop, the Secretary shall not establish a farm poundage quota under subparagraph (A) for a farm owned or controlled by— "(i) a municipality, airport authority, school, college, refuge, or other public entity (other than a university used for research purposes); or "(ii) a person who is not a producer and resides in another State."; (vi) in subsection (b)(2), by adding at the end the following: "(E) TRANSFER OF QUOTA FROM INELIGIBLE FARMS. — Any farm poundage quota held at the end of the 1996 Effective date. Effective date.
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