stemming tobacco for producers, all farmers engaged in the produc tion of peanuts,110a all brokers and dealers in peanuts, agents market ing peanuts for producers, or acquiring peanuts for buyers and deal ers, and all peanut growers' cooperative associations, all persons en gaged in the business of cleaning, shelling, crushing, and salting of peanuts and the manufacture of peanut products, and all persons owning or operating peanut-picking or peanut-threshing machines Any such person shall, from time to time on request of the Secretary report to the Secretary such information and keep such records as the Secretary finds to be necessary to enable him to carry out the provi sions of this title. Such information shall be reported and such records shall be kept in accordance with forms which the Secretary shall pre scribe. For the purpose of ascertaining the correctness of any repor made or record kept, or of obtaining information required to be fur nished in any report, but not so furnished, the Secretary is hereby authorized to examine such books, papers, records, accounts, corres pondence, contracts, documents, and memoranda as he has reason to believe are relevant and are within the control of such person. Any such person failing to make any report or keep any record as required by this subsection or making any false report or record shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500; and any tobacco warehouse man or dealer who fails to remedy such violation by making a complete and accurate report or keeping a complete and accurate record as required by this subsection within fifteen days after notice to him of such violation shall be subject to an additional fine of $100 for each ten thousand pounds of tobacco, or fraction thereof, bought or sold by him after the date of such violation: Provided, That such fine shall not exceed $5,000; and notice of such violation shall be served upon the tobacco warehouseman or dealer by mailing the same to him by registered mail or by certified mail or by posting the same at any established place of business operated by him, or both. (7 U.S.C 1373 (a).)

(b) Farmer engaged in the production of corn, wheat, cotton, rice peanuts, or tobacco for market shall furnish such proof of their acreage, yield, storage, and marketing of the commodity in the form of records, marketing cards, reports, storage under seal, or otherwise as the Secretary may prescribe as necessary for the administration of this title. (7 U.S.Č. 1373 (b).)

(c) All data reported to or acquired by the Secretary pursuant to this section shall be kept confidential by all officers and employees of the Department, and only such data so reported or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing under this title. (7 Ú.S.C. 1373 (c).)

MEASUREMENT OF FARMS AND REPORT OF PLANTINGS

SEC. 374. (a) 111 The Secretary shall provide for ascertaining, by measurement or otherwise, the acreage of any agricultural commodity or land use on farms for which the ascertainment of such acreage

is

110a The phrase "all farmers engaged in the production of peanuts," was added by Sec. 805 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 947, Sept. 29. 1977, effective for the 1978 through 1981 crops of peanuts.

111 Sec. 374 (a) was amended by P.L. 89-321, 79 Stat. 1210, approved Nov. 3, 1965.

necessary to determine compliance under any program administered by the Secretary. Insofar as practicable, the acreage of the commodity and land use shall be ascertained prior to harvest, and, if any acreage so ascertained is not in compliance with the requirements of the program the Secretary, under such terms and conditions as he prescribes, may provide a reasonable time for the adjustment of the acreage of the commodity or land use to the requirements of the program. Where cotton is planted in skiprow patterns, the same rules that were in effect for the 1971 through 1973 crops for classifying the acreage planted to cotton and the area skipped shall also apply to the 1974 through 1981 crops.112 (7 U.S.C. 1374 (a).)

(b) With respect to cotton, the Secretary, upon such terms and conditions as he may by regulation prescribe, shall provide, through the county and local committees for the measurement prior to planting of an acreage on the farm equal to the farm acreage allotment if so requested by the farm operator, and any farm on which the acreage planted to cotton does not exceed such measured acreage shall be deemed to be in compliance with the farm acreage allotment. (7 U.S.C. 1374(b).)

(c) 112 The Secretary shall by appropriate regulations provide for the remeasurement upon request by the farm operator of the acreage planted to such commodity on the farm and for the measurement of the acreage planted to such commodity on the farm remaining after any adjustment of excess acreage hereunder and shall prescribe the conditions under which the farm operator shall be required to pay the county committee for the expense of the measurement of adjusted acreage or the expense of remeasurement after the initial measurement or the measurement of adjusted acreage. The regulations shall also provide for the refund of any deposit or payment made for the expense of the remeasurement of the initially determined acreage or the adjusted acreage when because of an error in the determination of such acreage the remeasurement brings the acreage within the allotment or permitted acreage or results in a change in acreage in excess of a reasonable variation normal to measurements of acreage of the commodity. Unless the requirements for measurement of adjusted acreage are met by the farm operator, the acreage prior to such adjustment as determined by the county committee shall be considered the acreage of the commodity on the farm in determining whether the applicable farm allotment has been exceeded. (7 U.S.C. 1374(c).)

REGULATIONS

SEC. 375. (a) The Secretary shall provide by regulations for the identification, wherever necessary, of corn, wheat, cotton, rice, peanuts, or tobacco so as to afford aid in discovering and identifying such amounts of the commodities as are subject to and such amounts thereof as are not subject to marketng restrictions in effect under this title. (7 U.S.C. 1375(a).)

(b) The Secretary shall prescribe such regulations as are necessary for the enforcement of this title. (7 U.S.C. 1375 (b).)

112 The last sentence was added to Sec. 374 (a) by Sec. 1(25) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 236, Aug. 10, 1973. Sec. 605 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 940, Sept. 29, 1977, substituted "1981" for "1977".

112 Sec. 374 (c) was amended by P.L. 89-321, 79 Stat. 1210, Nov. 3, 1965, to delete the first sentence from said section.

COURT JURISDICTION

SEC. 376. The several district courts of the United States are herel vested with jurisdiction specifically to enforce the provisions of th title. If and when the Secretary shall so request, it shall be the duty the several United States attorneys in their respective districts, und the direction of Attorney General, to institute proceedings to colle the penalties provided in this title. The remedies and penalties pr vided for herein shall be in addition to, and not exclusive of, any the remedies or penalties under existing law. This section also shall applicable to liquidated damages provided for pursuant to sectio 349 of this title. (7 U.S.C. 1376.)

PRESERVATION OF UNUSED ACREAGE ALLOTMENTS

[Sec. 377 is inapplicable through the 1981 crop of rice.] SEC. 377.113 In any case in which, during any year beginning wi 1956, the acreage planted to a commodity on any farm is less than t acreage allotment for such farm, the entire acreage allotment for su farm (excluding any allotment released from the farm or reappo tioned to the farm and any allotment provided for the farm pursua to subsection (f) (7) (A) of section 344) shall, except as provide herein, be considered for the purpose of establishing future Stat county and farm acreage allotments to have been planted to suc commodity in such year on such farm, but the 1956 acreage allotme of any commodity shall be regarded as planted under this section on if the owner or operator on such farm notified the county committe prior to the sixtieth day preceding the beginning of the marketin year for such commodity of his desire to preserve such allotment Provided, That beginning with the 1960 crop, except for federall owned land, the current farm acreage allotment established for commodity shall not be preserved as history acreage pursuant to th provisions of this section unless for the current year or either of th two preceding years an acreage equal to 75 per centum or more of th farm acreage allotment for such year or, in the case of peanuts, a acreage sufficient to produce 75 per centum of the farm poundag quota or, in the case of upland cotton on a farm which qualifie for price support on the crop produced in any such year under sectio 103(b) of the Agricultural Act of 1949, as amended, 75 per centum the farm domestic allotment established under section 350 for an such year, whichever is smaller was actually planted or devoted to th commodity on the farm (or was regarded as planted under provision of the Soil Bank Act or the Great Plains program): Provided fu

1132

113 Sec. 377 was made inapplicable to the 1971-3 crops of upland cotton by Sec. 6 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1371, Nov. 30, 1970, the 1974 crops of upland cotton by Sec. 1(19) of the Agriculture and Consumer Protection A of 1973, P.L. 93-86, 87 Stat. 233, Aug. 10, 1973, and the 1978-81 crops of upla cotton by Sec. 601 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 93 Sept. 29, 1977, and to the 1976 and 1977 crops of rice by Sec. 103 of the Rice Pr duction Act of 1975, P.L. 94-214, 90 Stat. 187, Feb. 16. 1976, and the 1978-81 cro of rice by Sec. 703 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 94 Sept. 29, 1977.

1138 The provision as to peanuts was added by Sec. 806 of the Food and Agricultu Act of 1977, P.L. 95-113, 91 Stat. 947, Sept. 29, 1977, effective for the 1978-81 cro of peanuts.

ther, That this section shall not be applicable in any case, within the period 1956 to 1959, in which the amount of the commodity required to be stored to postpone or avoid payment of penalty has been reduced because the allotment was not fully planted. Acreage history credits for released or reapportioned acreage shall be governed by the applicable provisions of this title pertaining to the release and reapportionment of acreage allotments. (7 U.S.C. 1377.)